Title : the Bombay High Court (Letters Patent) Act, 1866
State : Maharashtra
Year : 1866
THE BOMBAY HIGH COURT (LETTERS PATENT) ACT, 1866 [Act No. 23 of 18661] [17th May 1866] PREAMBLE An Act to correct two clerical errors in the 2Letters Patent for the High Court of Judicature for the Presidency of Bombay. WHEREAS the twenty-second section of the 2Letters Patent for the High Court of Judicature for the Presidency of Bombay, dated the 28th December, 1865, is as follows :- "And we do further ordain that the said High Court of Judicature at Bombay shall have ordinary original criminal jurisdiction within the local limits of its ordinary original civil jurisdiction, and also in respect of all such persons beyond such limits over whom the said High Court of Judicature at Fort William in Bengal shall have criminal jurisdiction at the date of the publication of these..... View Complete Act List Judgments citing this sectionState : Central
Year : 1908
CODE OF CIVIL PROCEDURE 1908 THE CODE OF CIVIL PROCEDURE 1908 [5 of 1908, dt. 21 -3-1908] [As Amended by Act No. 22 of 2002, w.e.f. 1-7-2002 vide SO No. 603(E), dt. 6 -6-2002] An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted follows:-- PRELIMINARY SECTION 01: SHORT TITLE, COMMENCEMENT AND EXTENT (1) This Act may be cited as The Code of Civil Procedure, 1908. (2) It shall come into force on the first day of January, 1909. (3) It extends to the whole of India except-- (a) the State of Jammu and Kashmir; (b) the State of Nagaland and the tribal areas: PROVIDED that the State Government..... List Judgments citing this sectionTitle : Patent Office and Its Establishment
State : Central
Year : 1970
(1) The Controller General of Patents, Designsand Trade Marks appointed under sub-section (1) of 1 [section3 of the Trade Marks Act, 1999 (47 of 1999)],shall be the Controller of Patents for the purposes of this Act. (2) For the purposes of this Act, the CentralGovernment may appoint as many examiners and other officers and with suchdesignations as it thinks fit. (3) Subject to the provisions of this Act, theofficers appointed under sub-section (2) shall discharge under thesuperintendence and directions of the Controller such functions of theController under this Act as he may, from time to time by general or specialorder in writing, authorise them to discharge. (4) Without prejudice to the generality of theprovisions of sub-section (3), the Controller may, by order in writing and..... View Complete Act List Judgments citing this sectionTitle : Inventions Not Patentable
State : Central
Year : 1970
The following are not inventions within the meaning of this Act,- (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws; 1 [(b) an invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;] (c) the mere discovery of a scientific principle or the formulation of an abstract theory; 2 [or discovery of any living thing or non-living substance occurring in nature] 3 [(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known..... View Complete Act List Judgments citing this sectionTitle : In Cases of "obtaining" Controller May Treat the Patent as the Patent of Opponent
State : Central
Year : 1970
1[Section 26 - In cases of "obtaining" Controller may treat the patent as the patent of opponent (1) Where in any opposition proceeding under this Act the Controller finds that- (a) the 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..... View Complete Act List Judgments citing this sectionTitle : Rights of Co-owners of Patents
State : Central
Year : 1970
(1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent. (2) Subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to1[the rights conferred by section 48]for his own benefit without accounting to the other person or persons. (3) Subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence..... View Complete Act List Judgments citing this sectionTitle : Qualifications for Registration as Patent Agents
State : Central
Year : 1970
(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:- (a) he is a citizen of India; (b) he has completed the age of 21 years; (c) he has obtained a1[degree in science, engineering or technology from any University established under law for the time being in force] in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,- (i)2[Omitted] (ii) has passed the qualifying examination prescribed for the purpose;3[or] 3[(iii) has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such..... View Complete Act List Judgments citing this sectionTitle : Repeal of Act 2 of 1911 in So Far as It Relates to Patents and Savings
State : Central
Year : 1970
(1) The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall be amended in the manner specified in the Schedule. 1[***] (4) The mention of particular matters in this section shall not prejudice the general application of the General Clauses Act, 1897 (10 of 1987), with respect to repeals. (5) Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed. __________________________ 1. Sub-section(2) and (3) omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under: ..... View Complete Act List Judgments citing this sectionTitle : Mention of Inventor as Such in Patent
State : Central
Year : 1970
(1) If theController is satisfied, upon a request or claim made in accordance with theprovisions of this section,- (a) thatthe person in respect of or by whom the request or claim is made is theinventor of an invention in respect of which application for a patent has beenmade, or of a substantial part of that invention; and (b) thatthe application for the patent is a direct consequence of his being theinventor, TheController shall, subject to the provisions of this section, cause him to bementioned as inventor in any patent granted in pursuance of the application inthe complete specification and in the register of patents: Providedthat the mention of any person as inventor under this section shall not conferor derogate from any rights under the patent. (2) Arequest that any..... View Complete Act List Judgments citing this sectionTitle : Residents Not to Apply for Patents Outside India Without Prior Permission
State : Central
Year : 1970
1[39. Residents not to apply for patents outside India without prior permission (1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless- (a) an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and (b) either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked. (2) The Controller shall dispose of every such application within such period as may be prescribed: Provided that if the invention is..... View Complete Act List Judgments citing this section