Title : Provisional and Complete Specifications
State : Central
Year : 1970
(1)1[Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned]: Provided that the complete specification may be filed at any time after twelve months but within fifteen months from the date aforesaid, if a request to that effect is made to the Controller and the prescribed fee is paid on or before the date on which the complete specification is filed. (2) Where two or more applications in the name of the same applicant are accompanied by..... View Complete Act List Judgments citing this sectionTitle : Request for Examination
State : Central
Year : 1970
1[(1) No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period.] (2)2[ Omitted] 3[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.] (4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1)4[Omitted] or sub-section (3), the application shall be treated as withdrawn by the applicant : ..... View Complete Act List Judgments citing this sectionTitle : Registration of Assignments, Transmissions, Etc.
State : Central
Year : 1970
(1) Where any person becomes entitled byassignment, transmission or operation of law to a patent or to a share in apatent or becomes entitled as a mortgage, licensee or otherwise to any otherinterest in a patent, he shall apply in writing in the prescribed manner to theController for the registration of his title or, as the case may be, of noticeof his interest in the register. (2) Without prejudice to the provisions ofsub-section (1), an application for the registration of the title of any personbecoming entitled by assignment to a patent or a share in a patent or becomingentitled by virtue of a mortgage, licence or other instrument to any otherinterest in a patent may be made in the prescribed manner by the assignor,mortgagor, licensor or other party to that instrument, as the case..... View Complete Act List Judgments citing this sectionTitle : Powers of Controller in Granting Compulsory Licences
State : Central
Year : 1970
(1) Where the Controller is satisfied an application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant. (2) Where an application under section 84 is made by a person being the holder of a licence under the patent, the Controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an..... View Complete Act List Judgments citing this sectionTitle : Terms and Conditions of Compulsory Licences
State : Central
Year : 1970
(1) In settling the terms and conditions of a licence under section 84, the Controller shall endeavour to secure- (i) that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; (ii) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him; (iii) that the patented articles are made available to the public at reasonably affordable prices; (iv) that the licence granted is a non-exclusive licence; (v) that the right..... View Complete Act List Judgments citing this sectionTitle : Contents of Specifications
State : Central
Year : 1970
(1) Everyspecification, whether provisional of complete, shall describe the inventionand shall begin with a title sufficiently indicating the subject-matter towhich the invention relates. (2) Subjectto any rules that may be made in this behalf under this Act, drawings may, andshall, if the Controller so requires, be supplied for the purposes of anyspecification, whether complete or provisional; and any drawings so suppliedshall, unless the Controller otherwise directs be deemed to form part of thespecification, and references in this Act to a specification shall be construedaccordingly. (3) If, inany particular case, the Controller considers that an application should befurther supplemented by a model or sample of anything illustrating theinvention or alleged to constitute an..... View Complete Act List Judgments citing this sectionTitle : Powers of Controller in Case of Potential Infringement
State : Central
Year : 1970
(1) If, in consequence of the investigations required1[under this Act], it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent shall be inserted in the applicant's complete specification by way of notice to the public, unless within such time as may be prescribed- (a) the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or (b) the complete specification is amended to the satisfaction of the Controller. (2) Where, after a reference to another patent has been inserted in a complete..... View Complete Act List Judgments citing this sectionTitle : Consequences of Secrecy Direction
State : Central
Year : 1970
(1) So long as any directions under section 35 are in force in respect of an application- (a) the Controller shall not pass an order refusing1[to grant] the same; and (b) notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect thereof: Provided that the application may, subject to the directions,2[proceed up to the stage of the acceptance of the complete specification, but the acceptance shall not be advertised nor the specification published, and no patent shall be granted in pursuance of the application]. (2) Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 353[is found to be in order for grant of the..... View Complete Act List Judgments citing this sectionTitle : Date Ofpatent
State : Central
Year : 1970
1[(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.] (2) The date of every patent shall be entered in the register. (3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before2[the date of publication of the application]. ___________________ 1. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under: "(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the complete specification was filed:. Provided that a patent which is granted in pursuance of an application..... View Complete Act List Judgments citing this sectionTitle : Rights of Patentees
State : Central
Year : 1970
1[48. Rights of patentees.- Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee- (a) where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India; (b) where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India : 2[Omitted] _______________________ 1...... View Complete Act List Judgments citing this section