Title : Power of Central Government to Make Rules
State : Central
Year : 1970
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely :- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; 1[(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under..... View Complete Act List Judgments citing this sectionTitle : Insertion of New Chapter Iva
State : Central
Year : 1999
After Chapter IV of the principal Act, the following Chapter shall be inserted, namely: 'CHAPTER IVA' Exclusive Marketing Rights 24A. Application for grant of exclusive rights - (1) Notwithstanding anything contained in sub-section (1) of section 12, the Controller shall not, under that sub-section, refer an application in respect of a claim for a patent covered under sub-section (2) of section 5 to an examiner for making a report till the 31st day of December, 2004 and shall, where an application for grant of exclusive right to sell or distribute the article or substance in India has been made in the prescribed form and manner and on payment of prescribed fee, refer the application for patent, to an examiner for making a report to him as to whether the invention is not an..... View Complete Act List Judgments citing this sectionTitle : Information and Undertaking Regarding Foreign Applications
State : Central
Year : 1970
(1) Wherean applicant for a patent under this Act is prosecuting either alone or jointlywith any other person an application for a patent in any country outside Indiain respect of the same or substantially the same invention, or where to hisknowledge such an application is being prosecuted by some person through whomhe claims or by some person deriving title from him, he shall file along withhis application 1 [or subsequently 2 [within the prescribed period as the Controllermay allow]] 3 [(a)a statement setting out detailed particulars of such application; and;] (b)an undertaking that, 4 [upto the date of grant of patent in India], he would keep theController informed in writing, from time to time, of 5 [detailed particulars as required under] clause (a) in respect of everyother..... View Complete Act List Judgments citing this sectionTitle : Publication of Applications
State : Central
Year : 1970
1[11A. Publication of applications 2[(1) Save as otherwise provided, no application for patent shall ordinarily be open to the public for such period as may be prescribed. (2) The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible. (3) Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application- (a) in which secrecy direction is imposed under section 35; or (b) has been abandoned under sub-section (1) of section 9; or (c) has been withdrawn three months..... View Complete Act List Judgments citing this sectionTitle : Time for Putting Application in Order for Grant
State : Central
Year : 1970
1 [(1) An application for a patentshall be deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application from the date on which the first statement of objections to the application or complete specification or other documents related thereto is forwarded to the applicant by the Controller. Explanation.-Where the application for a patent or any specification or, in the case of a convention application or an application filed under the Patent Cooperation Treaty designating India any document filed as part of the application has been returned to the applicant by the Controller in the..... View Complete Act List Judgments citing this sectionTitle : Anticipation
State : Central
Year : 1970
(1) An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published in a specification filed in pursuance of an application for a patent made in India and dated before the 1st day of January, 1912. (2) Subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published before the priority date of the relevant claim of the specification, if the patentee or the applicant for the patent proves (a) that the matter published was obtained from him, or (where he is not himself the true and first inventor) from any person from whom he derives title, and was published without his consent or the consent of any..... View Complete Act List Judgments citing this sectionTitle : Term Ofpatent
State : Central
Year : 1970
1[(1) subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filling of the application for the patent.] 2[Explanation.-For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty] (2) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any..... View Complete Act List Judgments citing this sectionTitle : Power of Central Government to Use Inventions for Purposes of Government
State : Central
Year : 1970
(1) Notwithstanding anything contained in this Act, at any time after an application for a patent has been filed at the patent office or a patent has been granted, the Central Government and any person authorised in writing by it, may use the invention for the purposes of Government in accordance with the provisions of this Chapter. (2) Where an invention has, before the priority date of the relevant claim of the complete specification, been duly recorded in a document, or tested or tried, by or on behalf of the Government or a Government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the Central Government or any person authorised in writing..... View Complete Act List Judgments citing this sectionTitle : Avoidance of Certain Restrictive Conditions
State : Central
Year : 1970
(1)It shall not be lawful to insert- (i) inany contract for or in relation to the sale or lease of a patented article or anarticle made by a patented process; or (ii) in licence to manufacture or use a patented article; or (iii) ina licence to work any process protected by a patent, a condition the effect ofwhich may be- (a) to require the purchaser, lessee, or licensee to acquire from thevendor, lessor, or licensor or his nominees, or to prohibit him from acquiringor to restrict in any manner or to any extent his right to acquire from anyperson or to prohibit him from acquiring except from the vendor, lessor, orlicensor or his nominees any article other than the patented article or anarticle other than that made by the patented process; or (b) to prohibit the purchaser,..... View Complete Act List Judgments citing this sectionTitle : Form of Application
State : Central
Year : 1970
(1) Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office. 1[(1A) Every international application under the Patent Co-operation Treaty for a patent, as may be filed designating India shall be deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India.] 2(1B) The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty; (2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be..... View Complete Act List Judgments citing this section