Bare Act Search Results

Patents Act, 1970 Complete Act

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, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 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; (aba) "Budapest Treaty" mean the Budapest.....

Patents Act, 1970 (39 of 1970) Section 25

Title: Opposition to the Patent

State: Central

Year: 1970

.....(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 applicant's claim 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 applicant's claim; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used ion 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 claimed 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 is.....

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

Title: 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 to as the principalAct), for the words "High Court" wherever they occur in sections 21, 43 and71 and the word "Court" occurring in sections 21 and 71, the words "AppellateBoard" and "Board" shall respectively be substituted. 3.Amendment of section 2.- Insection 2 of the principal Act, in sub-section (1),- (a)for clause (a), the following clauses shall be substituted, namely :- .....

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

Title: Amendment Act

State: Central

Year: 1970

.....date of the applicant's claim; (f)that the subject of any claim of the complete specification is not an inventionwithin the meaning of this Act, or is not patentable under this Act; (g)that the complete specification does not sufficiently and clearly describe theinvention or the method by which it is to be performed; (h)that the applicant has failed to disclose to the Controller the informationrequired by section 8 or has furnished the information which in any materialparticular was false to his knowledge; (i)that in the case of a convention application, the application was not madewithin twelve months from the date of the first application for protection forthe invention made in a convention country by the applicant or a person fromwhom he derives title; (j)that the complete specification does not disclose or wrongly mentions the sourceor geographical origin of biological material used for the invention; (k)that the invention so far as claimed in any claim of the complete specificationis anticipated having regard to the knowledge, oral or otherwise, availablewithin any local or indigenous community in India or elsewhere, buton no other ground,' andthe.....

Patents Act, 1970 (39 of 1970) Chapter XII

Title: Surrender and Revocation of Patents

State: Central

Year: 1970

.....for the grant of a patent outside India in contravention of section 39]5 [***]; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud. 4 [(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.] (2) For the purposes of clauses (e) and (f) of sub-section (1)- (a) no account shall be taken of6 [personal document or secret trial or secret use]; and (b) where the patent is for a process or for a product as made by a process described or claimed, the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only. (3) For the purpose of clause (1) of sub-section (1) no account shall be taken of any use of the.....

Patents Act, 1970 (39 of 1970) Section 64

Title: Revocation of Patents

State: Central

Year: 1970

.....for the grant of a patent outside India in contravention of section 39]5 [***]; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud. 4 [(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.] (2) For the purposes of clauses (e) and (f) of sub-section (1)- (a) no account shall be taken of6 [personal document or secret trial or secret use]; and (b) where the patent is for a process or for a product as made by a process described or claimed, the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only. (3) For the purpose of clause (1) of sub-section (1) no account shall be taken of any use of the.....

Patents Act, 1970 (39 of 1970) Chapter XV

Title: Powers of Controller Generally

State: Central

Year: 1970

.....exercising adversely to the applicant any discretion vested in the Controller by or under this Act. 1[Provided that the party desiring a hearing makes the request for such hearing to the Controller at least ten days in advance of the expiry of the time-limit specified in respect of the proceeding.] ___________________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 81 - Disposal by Controller of applications for extension of time Where under the provisions of this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension.

Patents Act, 1970 (39 of 1970) Section 79

Title: Evidence How to Be Given and Powers of Controller in Respect Thereof

State: Central

Year: 1970

Subject to any rules made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of directions by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence an affidavit, or may allow any party to be cross-examined on the contents of his affidavit.

Patents Act, 1970 (39 of 1970) Chapter XVIII

Title: Suits Concerning Infringement of Patents

State: Central

Year: 1970

.....prayed for. Explanation.A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section. Section 107 - Defences, etc., in suits for infringement (1) In any suit for infringement of a patent every ground on which it may be revoked under section 64 shall be available as a ground for defence. (2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus of other article or by the using of any process or by the importation, use or distribution or any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47. Section 107A - Certain acts not to be considered as infringement 1[107A. Certain acts not to be considered as infringement For the purposes of this Act,- (a) any act of making, constructing,2[using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that.....

Patents Act, 1970 (39 of 1970) Section 106

Title: Power of Court to Grant Relief in Cases of Groundless Threats of Infringement Proceedings

State: Central

Year: 1970

(1) Where any person (whether entitled to or interested in a patent or an application for patent or not) threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say (a) a declaration to the effect that the threats are unjustifiable; (b) an injunction against the continuance of the threats; and (c) such damages, if any, as he has sustained thereby. (2) Unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid the court may grant to the plaintiff all or any of the reliefs prayed for. Explanation.A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section.