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Start Free TrialBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Preamble
Title: 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 day of December, One Thousand Eight hundred and Sixty-five, for the purposes hereinafter appearing; It is hereby enacted as follows :- _______________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1948 Part V, p. 220.
View Complete Act List Judgments citing this sectionBombay High Court (Letters Patent) Act, 1866, (Maharashtra) Preamble
Title: the Bombay High Court (Letters Patent) Act, 1866
State: Maharashtra
Year: 1866
.....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 presents;" And whereas it is expedient to correct the two clerical errors in such section which are hereinbefore indicated by italics; It is hereby enacted as follows :- ____________________ 1. For Proceedings in Council relating to this Act, which was introduced and passed at one sitting see Gazette of India, 1886, Supplement p. 255. The short title was given by Bom. 2 of 1921. 2. General Statutory Rules and Orders.
View Complete Act List Judgments citing this sectionBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Section 2
Title: Amendment of Letters Patent of 8th December, 1823
State: Maharashtra
Year: 1948
In 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 - (1) in paragraph 21 - (a) after the words "Judicature at Bombay" where they occur for the first time, the words "and of the Bombay City Civil Court" shall be inserted; (b) after the words "Judicature at Bombay" where they occur for the second time, the words "or to the said Bombay City Civil Court, as the case may be," shall be inserted; (c) after the word "respectively" the words "or by the Bombay City Civil Court or by any Judge of the said Court" shall be inserted; (2) in paragraph 22 - (a) after the words "Judicature at Bombay" where they occur for the first time, the words "or the Bombay City Civil Court" shall be inserted; (b) after the words "Judicature at Bombay" where they occur for the second time, the words "or the said Bombay City Civil Court, as the case may be," shall be inserted; (c) for the word "Court" where it occurs at the end, the word "Courts" shall be substituted; (3) in paragraph 23 - (a) after the words "said Court" where they occur for the first time, the words "or of the sa
View Complete Act List Judgments citing this sectionBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Section 3
Title: Amendment of Letters Patent of 28th December, 1865
State: Maharashtra
Year: 1948
(1) In the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One thousand Eight hundred and Sixty-five - (1) in clause 12, for the words "in which the debt, or damage, or value of property sued for does not exceed one hundred rupees" the words "or the Bombay City Civil Court" shall be substituted; (2) in clause 22 - (a) the words "within the local limits of its ordinary original civil jurisdiction, and also" shall be deleted; (b) for the words "such limits" the local limits of its ordinary original civil jurisdiction" shall be substituted. (2) For the avoidance of doubt, it is hereby declared that the amendments made by clause (2) of sub-section (1) shall not be deemed to affect any of the powers of the High Court under the provisions, for the time being in force, of the Code of Criminal Procedure, 1898.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XII
Title: Surrender and Revocation of Patents
State: Central
Year: 1970
.....for the grant of a patent outside India in contravention of section 39]5 [***]; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud. 4 [(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.] (2) For the purposes of clauses (e) and (f) of sub-section (1)- (a) no account shall be taken of6 [personal document or secret trial or secret use]; and (b) where the patent is for a process or for a product as made by a process described or claimed, the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only. (3) For the purpose of clause (1) of sub-section (1) no account shall be taken of any use of the.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XVI
Title: Working of Patents, Compulsory Licences and Revocation
State: Central
Year: 1970
.....to impose. (5) In the case of every patent in respect of an invention referred to in sub-clause (i), or sub-clause (ii), of clause (a) of sub-section (1) of section 87 and deemed to be endorsed with the words "Licences of right" under clause (a) or clause (b) of that subsection, ihe royalty and other remuneration reserved to the patentee under a licence granted to any person after such commencement shall in no case exceed four per cent of the next ex-factory sale price in bulk of the patented article (exclusive of taxes levied under any law for the time being in force and any commissions payable) determined in such manner as may be prescribed. (6) Save as otherwise provided in sub-section (5), the provisions of sub-sections (1), (2), (4) and (5) of section 93 (regarding the powers of the Controller) and of sections 94 and 95 shall apply to licences granted under this section as they apply to licences granted under section 84. 89. Revocation of patents by the Controller for non-working.- (1) Where, in respect of a patent, a compulsory licence has been granted or the endorsement "Licences of right" has been made or is deemed to have been made, the Central Government.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter III
Title: Applications for Patents
State: Central
Year: 1970
.....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 invention, such model or sample as he mayrequire shall be furnished 1 [before the application is found in order forgrant of a patent], but such model or sample shall not be deemed to form partof fhe specification. (4) Everycomplete specification shall- (a)fully and particularly describe theinvention and its operation or use and the method by which it is to beperformed; (b)disclose the best method ofperforming the invention which is known to the applicant.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter IX
Title: Patents of Addition
State: Central
Year: 1970
.....shall not be sealed before the sealing of the patent for the main invention; and if the period within which, but for the provisions of this subsection, a request for the sealing of a patent of addition could be made under section 43 expires before the period within which a request for the sealing of the patent for the main invention may be so made, the request for the sealing of the patent of addition may he made at any time within the last mentioned period Section 55 - Term of patents of addition (1) A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer: Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XIII
Title: Register of Patents
State: Central
Year: 1970
.....Where an application is made under thissection for the registration of the title of any person the Controller shall,upon proof of title of his satisfaction,- (a) where that person is entitled to a patent or a share in a patent,register him in the register as proprietor or co-proprietor of the patent, andenter in the register particulars of the instrument or even by which he derivestitle; or (b) wherethat person is entitled to any other interest in the patent, enter in theregister notice of his interest, with particulars of the instrument, if any,creating it: Provided that if there is any dispute betweenthe parties whether the assignment, mortgage, licence, transmission, operationof law or any other such transaction has validly vested in such person a titleto the patent or any share or interest therein, the Controller may refuse totake any action under clause (a) or, as the case may be, under clause (b) untilthe rights of the parties have been determined by a competent court. (4) There shall be supplied to the Controllerin the prescribed manner for being filed in the patent office copies of allagreements, licences and other documents affecting the title to any patent.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XVIII
Title: Suits Concerning Infringement of Patents
State: Central
Year: 1970
.....prayed for. Explanation.A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section. Section 107 - Defences, etc., in suits for infringement (1) In any suit for infringement of a patent every ground on which it may be revoked under section 64 shall be available as a ground for defence. (2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus of other article or by the using of any process or by the importation, use or distribution or any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47. Section 107A - Certain acts not to be considered as infringement 1[107A. Certain acts not to be considered as infringement For the purposes of this Act,- (a) any act of making, constructing,2[using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that.....
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