State : Central
Year : 1970
PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 2 : Definitions and interpretation (1) In this Act,..... List Judgments citing this sectionTitle : Amendment Act
State : Central
Year : 1970
THEPATENTS (AMENDMENT) BILL, 2005 [BillNo. 32 of 2005] [17th,March 2005] ABill to further to amend the Patents Act, 1970 1.Short title and commencement (1)This Act may be called the Patents (Amendment) Act,2005. (2)Sub-clause (ii) of clause (a), and clause (b), of section 37, sections 41, 42,47, 58 to 62 (both inclusive) and 73 shall come into force on sudate ch as theCentral Government may, by notification in the Official Gazette, appoint; andthe remaining provisions shall be deemed to have come into force on the 1st dayof January, 2005. 2.Amendment of section 2 Insection 2 of the Patents Act, 1970 (39 of 1970. ) (hereinafter referred to asthe principal Act), in sub-section (1),- (a)after clause (ab), the following clause shall be inserted, namely:- '(aba)"Budapest..... View Complete Act List Judgments citing this sectionTitle : Preliminary
State : Central
Year : 1970
(1) This Act may be called The Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. __________________________ 1 . The provisions of this Act, other than sections 12(2), 13(2), 28, 68 and 125 to 132 came into force on 20-4-1972, vide S.O. 300(E), dated 20th April, 1972, published in Gazette of India, Extra., pt., II, section. 3(ii), pg.735. Sections 12(2), 13(2), 28, 68 and 125 to 132 came into force on 1st April, 1978,..... View Complete Act List Judgments citing this sectionTitle : Definitions and Interpretation
State : Central
Year : 1970
(1) In this Act, unless the context otherwise requires,- 1 [(a) "Appellate Board" means the Appellate Board referred to in section 116; 1[(ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person;] 2 [(aba) "Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;] 1[(ac) "capable of industrial application", in relation to an invention, means that the invention is capable of being made or used in an industry;] (b)..... View Complete Act List Judgments citing this sectionTitle : Opposition to the Patent
State : Central
Year : 1970
1 [25. Opposition to the patent (1) Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the ground- (a) that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim- (i) in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or (ii) in India or elsewhere, in any other document: Provided that..... View Complete Act List Judgments citing this sectionTitle : Amendment Act
State : Central
Year : 1970
PATENTS(AMENDMENT) ACT, 2002 [Act,No. 38 of 2002] [25thJune, 2002] PREAMBLE AnAct further to amend the Patents Act, 1970 BEit enacted by Parliament in the Fifty-third year of the Republic of India asfollows :- 1.Short title and commencement (1)This Act may be called the Patents (Amendment) Act, 2002. (2)It shall come into force on such 1 date as the Central Governmentmay, by notification in the Official Gazette, appoint; and different dates maybe appointed for different provisions of this Act and any reference in any suchprovision to the commencement of this Act shall be construed as a reference tothe coming into force of that provision. 2.Substitution of certain words for the words "High Court" and "Court" Inthe Patents Act, 1970 (39 of 1970) (hereinafter referred..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Sections for Sections 25 and 26
State : Central
Year : 2005
For sections 25 and 26 of the principal Act, the following sections shall be substituted, namely:- "25. Opposition to the patent.-- (1) Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the ground of- (a) patentability including novelty, inventive step and industrial applicability, or (b) non-disclosure or wrongful mentioning in complete specification, source and geographical origin of biological material used in the invention and anticipation of invention by the knowledge, oral or otherwise available within any local or indigenous community in India or elsewhere, and the Controller shall consider and dispose of such representation in..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 2
State : Central
Year : 2002
In section 2 of the principal Act, in sub-section (1),-- (a) for clause (a), the following clauses shall be substituted, namely :-- '(a) "Appellate Board" means the Appellate Board referred to in section 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (ac) "capable of industrial application", in relation to an invention, means that the invention is capable of being made or used in an industry;'; (b) for clause (d), the following clause shall be substituted, namely :-- '(d) "convention country" means a country or a country which is member of a group of countries or a union of..... View Complete Act List Judgments citing this sectionTitle : Patents of Addition
State : Central
Year : 1970
(1) Subject to the provisions contained in this section, where an appliction is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor (in this Act referred to as the "main invention") and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition. (2) Subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patents is also the patentee in respect of the patent..... View Complete Act List Judgments citing this sectionTitle : Surrender and Revocation of Patents
State : Central
Year : 1970
(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender this patent. (2) Where such an offer is made, the Controller shall1[publish] the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent. (3) Any person interested may, within the prescribed period after2[such publication], give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee. (4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and by order, revoke the patent. ..... View Complete Act List Judgments citing this section