Title : Applications for Restoration of Lapsed Patents
State : Central
Year : 1970
(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the1[period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal re present alive, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within2[eighteen months] from the date on which the patent ceased to have effect, make an application for the restoration of the patent. 3[***] (3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the..... View Complete Act List Judgments citing this sectionTitle : Rights of Patentees of Lapsed Patents Which Have Been Restored
State : Central
Year : 1970
(1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the dale of1[publication] of the application for restoration of the patent under this Chapter. (2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the2[date of publication] of the application for restoration of the patent. ..... View Complete Act List Judgments citing this sectionTitle : Register of Patents and Particulars to Be Entered Therein
State : Central
Year : 1970
(1) There shall he kept at the patent office aregister of patents, wherein shall be entered- (a) the names and addresses of grantees of patents; (b) notifications of assignments and of transmissions of patents, of licencesunder patents, and of amendments, extension, and revocations of patents; and (c) particulars of such other matters affecting the validity orproprietorship of patents as may be prescribed. (2) No notice of any trust, whether express,implied or constructive, shall be entered in the register, and the Controllershall not be affected by any such notice. (3) Subject to the superintendence anddirection of the Central Government, the register shall be kept under thecontrol and management of the Controller. 1 [(4) Notwithstanding anything contained in sub-section..... View Complete Act List Judgments citing this sectionTitle : General Principles Applicable to Working of Patented Inventions
State : Central
Year : 1970
Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely : (a) that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; (b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article; (c) that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social..... View Complete Act List Judgments citing this sectionTitle : Revocation of Patents by the Controller for Non-working
State : Central
Year : 1970
(1) Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasonable requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price. (2) Every application under sub-section (1) shall contain such particulars as may be prescribed, the facts upon which the application is based, and, in the case of an application other than by the Central Government,..... View Complete Act List Judgments citing this sectionTitle : Acquisition of Inventions and Patents by the Central Government
State : Central
Year : 1970
(1) The Central Government may, if satisfied that it is necessary that an invention which is the subject of an application for a patent or a patent should be acquired from the applicant or the patentee for a public purpose, publish a notification to that effect in the Official Gazette, and thereupon the invention or patent and all rights in respect of the invention or patent shall, by force of this section, stand transferred to and be vested in the Central Government. (2) Notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent. (3) The Central Government shall pay to the applicant, or, as the case may be, the patentee and other persons..... View Complete Act List Judgments citing this sectionTitle : Subscription and Verification of Certain Documents by Patent Agents
State : Central
Year : 1970
(1)1[***], all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned. 2[***] ________________________ 1. Words "Subject to the provisions contained in sub-section (2) and to any rules made under this Act" omitted by Patents (Amendment Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 2. Sub-section(2) omitted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under: "(2) The following documents, namely:- (i) applications for patents; (ii) applications for the restoration of lapsed patents; (iii) applications for the sealing of patents after the time allowed for that purpose by or under sub-section (2), or sub-section (3) of..... View Complete Act List Judgments citing this sectionTitle : Amendment of Patent Granted to Deceased Applicant
State : Central
Year : 1970
Where, at any time after a patent has been1[granted] in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was1[granted],, the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly. ____________________ 1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: sealed. View Complete Act List Judgments citing this sectionTitle : Surrender of Patents
State : Central
Year : 1970
(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender this patent. (2) Where such an offer is made, the Controller shall1[publish] the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent. (3) Any person interested may, within the prescribed period after2[such publication], give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee. (4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and by order, revoke the patent. ..... View Complete Act List Judgments citing this sectionTitle : Patent Office and Its Branches
State : Central
Year : 1970
(1) For the purposes of this Act, there shallbe an office which shall be known as the patent office. (2) 1[The Central Government may, bynotification in the Official Gazette, specify the name of the Patent Office]. (3) The head office of the patent office shallbe at such place as the Central Government may specify, and for the purpose offacilitating the registration of patents there may be established, at such otherplaces as the Central Government may think fit, branch offices of the patentoffice. (4) There shall be a seal of the patent office. _________________________ 1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words:(2) The register shall be prima facie evidence of anymatters required or authorised by or under this act to be entered therein. View Complete Act List Judgments citing this section