Title : Miscellaneous
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 : Substitution of New Chapter for Chapter Xvi
State : Central
Year : 2002
For Chapter XVI of the principal Act, the following Chapter shall be substituted, namely :-- 'CHAPTER XVI : WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION 82. Definition of "patented articles" and "patentee".-- In this Chapter, unless the context otherwise requires,-- (a) "patented article" includes any article made by a patented process; and (b) "patentee" includes an exclusive licensee. 83. General principles applicable to working of patented inventions.-- 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..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Sections for Sections 25 and 26
State : Central
Year : 2005
For sections 25 and 26 of the principal Act, the following sections shall be substituted, namely:- "25. Opposition to the patent.-- (1) Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the ground of- (a) patentability including novelty, inventive step and industrial applicability, or (b) non-disclosure or wrongful mentioning in complete specification, source and geographical origin of biological material used in the invention and anticipation of invention by the knowledge, oral or otherwise available within any local or indigenous community in India or elsewhere, and the Controller shall consider and dispose of such representation in..... View Complete Act List Judgments citing this sectionTitle : Exclusive Marketing Rights [Omitted]
State : Central
Year : 1970
CHAPTER IVA 1 [Omitted] ________________________________ 1. Omitted by Patents Amendment Act (15 of 2005). Previous to omission: * [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 subsection, 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..... View Complete Act List Judgments citing this sectionTitle : Provisions for Secrecy of Certain Inventions
State : Central
Year : 1970
(1) Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information1[***] (2) Where the Controller gives any such directions as are referred to in sub-section (1), he shall give notice of the application and of the directions to the Central Government, and the Central Government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the..... View Complete Act List Judgments citing this sectionTitle : Amendment of Applications and Specifications
State : Central
Year : 1970
(1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification 1 [or any document related thereto] to be amended subject to such conditions, if any, as the Controller thinks fit: Provided that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification 1 [or any document related thereto] under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the..... View Complete Act List Judgments citing this sectionTitle : Amendment of Application and Specification Before Controller
State : Central
Year : 1970
(1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification 1 [or any document related thereto] to be amended subject to such conditions, if any, as the Controller thinks fit: Provided that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification 1 [or any document related thereto] under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the..... View Complete Act List Judgments citing this sectionTitle : Compulsory Licences
State : Central
Year : 1970
(1) At any time after the expiration of three years from the date of the 1 [grant] of a patent, any person interested may make an application to the Controller for grant of compulsory licence on patent on any of the following grounds, namely:- (a) that the reasonable requirements of the public with respect to the patented invention have not been satisfied, or (b) that the patented invention is not available to the public at a reasonably affordable price, or (c) that the patented invention is not worked in the territory of India. (2) An application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the..... View Complete Act List Judgments citing this sectionTitle : Penalties
State : Central
Year : 1970
Ifany person fails to comply with any direction given under section 35 1 [***]2 [or makes or causes to be made an application for the grantof a patent in contravention of section 39]he shall be punishable with imprisonment for a term which may extent to twoyears, or with fine, or with both. _____________________________ 1.Certain wordsomitted by The Patents (Amendment) Act, 1999 w.r.e.f. 1-1-1995. 2.Insertedby Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f20.05.2003 Section 119 - Falsification of entries in register, etc. If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such..... View Complete Act List Judgments citing this sectionTitle : International Arrangements
State : Central
Year : 1970
133.1[Convention countries Any country, which is a signatory or party or a group of countries, union of countries or intergovernmental organizations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the applicants for patents in India or to citizens of India similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this Act] ________________________ 1. Substituted by Patents Amendment Act, (15 of 2005) for the words: Notification as to convention countries.-(1) With a view to the..... View Complete Act List Judgments citing this section