Title : Licensing of Related Patents
State : Central
Year : 1970
(1) Notwithstanding anything contained in the other provisions of this Chapter, at any time after the sealing of a patent, any person who has the right to work any other patented invention either as patentee or as licensee thereof, exclusive or otherwise, may apply to the Controller for the grant of a licence of the first mentioned patent on the ground that he is prevented or hindered without such licence from working the other invention efficiently or to the best advantage possible. (2) No order under sub-section (1) shall be made unless the Controller is satisfied (i) that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they so desire, of a licence in respect of the other invention on reasonable terms; and (ii) that the other..... View Complete Act List Judgments citing this sectionTitle : Compulsory Licence for Export of Patented Pharmaceutical Products in Certain Exceptional Circumstances
State : Central
Year : 1970
1[92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances (1) Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country or such country has, by notification or otherwise, allowed importation of the patented pharmaceutical products from India. ". (2) The Controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may..... View Complete Act List Judgments citing this sectionTitle : Register of Patent Agents
State : Central
Year : 1970
1[125. Register of patent agents (1) The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.] ________________________ 1. Substituted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under: "125 Register of patent agent.- The Controller shall maintain a register to be called the..... View Complete Act List Judgments citing this sectionTitle : Restrictions on Practice as Patent Agents
State : Central
Year : 1970
(1) No person either alone or in partnership with any other person, shall practise, describe or hold himself out as a patent agent or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his partners are so registered. (2) No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out. Explanation. For the purposes of this section, practise as a patent agent includes any of the following acts, namely: (a) applying for or obtaining patents in India or elsewhere; (b) preparing specifications or other documents for the purposes of this Act or of the patent law of any other country; (c) giving advice other than of a..... View Complete Act List Judgments citing this sectionTitle : Procedure for Disposal of Applications for Restoration of Lapsed Patents
State : Central
Year : 1970
(1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, he shall1[publish the application] in the prescribed manner; and within the prescribed period any person interested may give notice to the Controller of opposition thereto on either or both of the following grounds, that is to say,- (a) that the failure to pay the renewal fee was not unintentional; or (b) that there has been undue delay in the making of the application. (2) If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the..... View Complete Act List Judgments citing this sectionTitle : the Bombay High Court Letters Patents (Amendment) Act, 1948
State : Maharashtra
Year : 1948
THE BOMBAY HIGH COURT LETTERS PATENTS (AMENDMENT) ACT, 1948 [Act No. 41 of 19481] [4th May 1948] PREAMBLE An Act to amend the Letters Patent establishing the Supreme Court of Judicature at Bombay, bearing date the eighth day of December, One thousand Eight hundred and Twenty-three and to amend the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One thousand and Eight hundred and Sixty-five. WHEREAS it is expedient to amend the Letters Patent establishing the Supreme Court of Judicature at Bombay, bearing date the eighth day of December, One thousand Eight hundred and Twenty-three and to amend the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth..... View Complete Act List Judgments citing this sectionTitle : Power of Registered Grantee or Proprietor to Deal with Patent
State : Central
Year : 1970
Subject to the provisions contained in this Act relating to co-ownership of patents and subject also to any rights vested in any other person of which notice is entered in the register, the person or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, licence or dealing: Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property. View Complete Act List Judgments citing this sectionTitle : Opposition Proceedings to Grant of Patents
State : Central
Year : 1970
CHAPTER V 1OPPOSITION PROCEEDINGS TO GRANT OF PATENTS ________________________ 1. Substituted by Patents (Amdt) Act, 2005 for the words: OPPOSITION TO GRANT OF PATENT View Complete Act List Judgments citing this sectionTitle : Grant of Patents and Rights Conferred Thereby
State : Central
Year : 1970
CHAPTER VIII 1[GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY] ______________________ 1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY View Complete Act List Judgments citing this sectionTitle : Form, Extent and Effect of Patent
State : Central
Year : 1970
(1) Every patent shall be in the prescribed form and shall have effect throughout India. (2) A patent shall be granted for one invention only: Provided that it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention. View Complete Act List Judgments citing this section