Bare Act Search Results

Patents Act, 1970 (39 of 1970) Section 26

Title: In Cases of "obtaining" Controller May Treat the Patent as the Patent of Opponent

State: Central

Year: 1970

.....invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section (2) of section 25 and revokes the patent on that ground, he may, on request by such opponent made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent; (b) a part of an invention described in the complete specification was so obtained from the opponent, he may pass an order requiring that the specification be amended by the exclusion of that part of the invention. (2) Where an opponent has, before the date of the order of the Controller requiring the amendment of a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the Controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which.....

Bombay Tenancy and Agricultural Lands Act, 1948 Complete Act

State: Maharashtra

Year: 1948

.....or the decree or order of a Court holds the land on lease permanently; or (b) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity; and includes a tenant whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant immediately before the commencement of the Amending Act, 1955; (11) "Person" includes [a joint] family; (12) "Prescribed" means prescribed by rules made under this Act; (13) "Profits of Agriculture" in respect of any land means the surplus remaining [with the holder] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce; Explanation:- If the member of the family of a holder work on the land for the purpose of cultivation thereof, the labour of such members shall be taken into account in estimating the expenses of cultivation referred to in this clause; (14) "Protected tenant" means a person who is recognised to be a protected tenant [under section 4A; [* * * * * * * * * (16) "Rent" means any consideration, in money or.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Complete Act

State: Central

Year: 1999

.....(e) "geographical indication", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. Explanation.-For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be; (f) "goods" means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff; (g) "indication" includes any name, geographical or figurative representation or any.....

Trade and Merchandise Marks Act, 1958 Complete Act

State: Central

Year: 1958

.....adapted in relation to any goods to distinguish, in the course of trade, goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and registrable as such under the provisions of Chapter VIII in respect of those goods in the name as proprietor of the certification trade mark, of that person; (d) "deceptively similar" :- A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark is to be likely to deceive or cause confusion; (e) "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908); (f) "false trade description" means- (i) a trade description which is untrue or misleading in a material respect as regards the goods to which it is applied; or (ii) any alteration of a trade description as regards the goods to which it is applied, whether by way of addition, effacement or otherwise where that alteration makes the description untrue or misleading in a material respect; or (iii) any trade description which denotes or implies that there are: contained, as regards the goods to which it is applied, more.....

Patents Act, 1970 Complete Act

State: Central

Year: 1970

.....falling within sub-section (1) of (section 20 of the Atomic Energy Act, 1962 (33 of 1962)) . (1)Inventions where only methods or processes of manufacture patentable. In the case of inventions- (a) claiming substances intended for use, or capable of being used, as food or as medicine or drug, or (b) relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic com- pounds), no patent shall be granted in respect of claims for the Substances themselves, but claims for the methods or processes of manufacture shall be patentable. (2)Notwithstanding anything contained in sub-section (1), a claim for patent of an invention for a substance itself intended for use, or capable of being used, as medicine or drug, except the medicine or drug specified under sub-clause (v) of clause(l) of sub-section(1) of Section 2, may be made and shall be dealt, without prejudice to the other provisions of this Act, in the manner provided in Chapter IV-A. SECTION 5 : 5 [* * * * *] CHAPTER 3 : APPLICATIONS FOR PATENTS SECTION 6 : Persons entitled to apply for patents (1) Subject to the provisions contained in (section 134) ,.....

The Maharashtra State Cooperative Tribunal Regulations, 1962 Complete Act

State: Maharashtra

Year: 1962

.....President and obtain his orders in that behalf. (3) If the defect in an appeal or application is remedied or sufficient cause is shown to the satisfaction of the President for not making an appeal or application within the prescribed period, the Registrar shall cause it to be registered in the appropriate register. (4) If the party concerned or his agent fails to remedy the defect or to show cause to the satisfaction of the President, the Registrar shall with the consent of the President, fix a date for the hearing of which due notice shall be given to the party concerned or his agent. (5) On the date so fixed, the Tribunal shall hear the party or his agent and pass suitable orders either rejecting the appeal or application or directing it to be registered. (6) When an appeal or application has been ordered to be registered under this regulation, the Registrar shall see that it is registered as soon as practicable and in any case not later then seven days from the date of the order requiring it to be registered. 08. MAINTENANCE OF REGISTERS. - The Registrar shall maintain separate registers for (i) appeals in Form A; (ii) applications for revision in Form B; (iii) .....

Patents (Amendment) Act, 2005 Section 23

Title: Substitution of New Sections for Sections 25 and 26

State: Central

Year: 2005

.....(ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the claim of the patentee; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim. Explanation.-For the purposes of this clause, an invention relating to a process for which a patent is granted shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification.....

Patents Act, 1970 (39 of 1970) Amending Act II

Title: Amendment Act

State: Central

Year: 1970

.....have made significantinvestment and were producing and marketing the concerned product prior to 1stday of January, 2005 and which continue to manufacture the product covered bythe patent on the date of grant of the patent and no infringement proceedingsshall be instituted against such enterprises.". 11.Amendment of section 11B Insection 11B of the principal Act,- (a)for sub-section (1), the following sub-section shall be substituted, namely:- "(1)No application for a patent shall be examined unless the applicant or any otherinterested person makes a request in the prescribed manner for such examinationwithin the prescribed period."; (b)sub-section (2) shall be omitted; (c)for sub-section (3), the following sub-section shall be substituted, namely:- "(3)In case of an application in respect of a claim for a patent filed undersub-section (2) of section 5 before the 1st day of January, 2005 a request forits examination shall be made in the prescribed manner and within the prescribedperiod by the applicant or any other interested person."; (d)in sub-section (4),- (i)the words, brackets and figure "or sub-section (2)" shall be omitted; (ii)for the proviso, the.....

Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1

Title: Trade Marks Act 1999

State: Central

Year: 1958

.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "deceptively similar".--A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....

Designs Act, 1911 Complete Act

State: Central

Year: 1911

..... SECTION 02: DEFINITIONS. In this Act, unless there is anything repugnant in the subject or context:- (1) ** (2) "article" means any article of manufacture and any substance, artificial or natural, or partly artificial and partly natural; (3) "Controller" means the Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) ofsection 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) -; (4) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered ; (5) "design" means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) ofsection 2 of the Trade and Merchandise Marks Act, 1958-, or property mark as defined insection 479 of the Indian Penal Code (45 of 1860)-; (6)** (7) "High Court" means-.....