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Start Free TrialPatents Act, 1970 (39 of 1970) Chapter XIV
Title: 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 forreasons to be recorded therein withdraw any matter pending before an officerappointed under sub-section (2) and deal with such matter himself either de novoor from the stage it was so withdrawn or transfer the same to another officerappointed under sub-section (2) who may, subject to special directions in theorder of transfer, proceed with the matter either de novo or from the stage itwas so.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 74
Title: 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 sectionPatents Act, 1970 (39 of 1970) Section 75
Title: Restriction on Employees of Patent Office as to Right or Interest in Patents
State: Central
Year: 1970
All officers and employees of the patent office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 121
Title: Wrongful Use of Words "patent Office"
State: Central
Year: 1970
If any person uses on his place of business or any document issued by him or otherwise the words "patent office" or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the patent office, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
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) Complete Act
Title: Patents Act, 1970 (39 of 1970)
State: Central
Year: 1970
..... Section153 - Information relating to patents Section154 - Loss or destruction of patents Section155 - Reports of Controller to be placed before Parliament Section156 - Patent to bind Government Section157 - Right of Government to sell or use forfeited articles Section157A - Protection of security of India Section158 - Power of High Courts to make rules Section159 - Power of Central Government to make rules Section160 - Rules to be placed before Parliament Section161 - [Omitted] Section162 - Repeal of Act 2 of 1911 in so far as it relates to patents and savings Section163 - [Omitted] Schedule1 - THE SCHEDULE Amending ActI - AMENDMENT ACT Amending ActII - AMENDMENT 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) Section 43
Title: Grant of Patents
State: Central
Year: 1970
.....office and the date on which the patent is granted shall be entered in the register. (2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection. __________________ 1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: 43. Grant and sealing of patent.-(1) Where a complete specification in pursuance of an application for a patent has been accepted and either- (a) the application has not been opposed under section 25 and the time for the filing of the opposition has expired; or (b) the application has been opposed and the opposition has been finally decided in favour of the applicant; or (c) the application has not been refused by the Controller by virtue of any power vested in him by this Act, * [or] * [(d) the application has not been found to be in contravention of any of the provisions of this Act,.] the patent shall, on request made by the applicant in the prescribed form, be granted to the applicant or, in the case of a joint application to the applicants jointly, and the Controller.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 76
Title: Officers and Employees Not to Furnish Information, Etc.
State: Central
Year: 1970
An officer or employee in the patent office shall not, except when required or authorised by this Act or under a direction in writing of the 1[Central Government or Appellate Board] or the Controller or by order of a court,- (a) furnish information on a matter which is being, or has been, dealt with under this Act2[***]; or (b) prepare or assist in the preparation of a document required or permitted by or under this Act2[***], to be lodged in the patent office; or (c) conduct a search in the records of the patent office. _____________________________ 1. Substituted for "Central Government" by Patents (Amdt) Act, 2002, dated 25.06.2002, w.e.f. 02.04.2007. 2. Words "or under the Indian Patents and Designs Act, 1911 (2 of 1911)" omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 67
Title: Register of Patents and Particulars to Be Entered Therein
State: Central
Year: 1970
.....or any other electronic formsubject to such safeguards as may be prescribed. (5) Notwithstanding anything contained in the IndianEvidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register ofpatents, certified to be a true copy under the hand of the Controller or anyofficer duly authorised by the Controller in this behalf shall, in all legalproceedings, be admissible in evidence. (6) In the event the register is kept wholly orpartly in computer floppies, diskettes or any other electronic form,- (a)reference in this Act to an entry inthe register shall be deemed to include reference to a record of particularskept in computer floppies, diskettes or any other electronic form and comprisingthe register or part of the register; (b)references in this Act to particularsbeing registered or entered in the register shall be deemed to includereferences to the keeping of record of those particulars comprising the registeror part of the register in computer floppies, diskettes or any other electronicform; and (c)references in this Act to therectification of the register are to be read as including references to therectification of the record of particulars.....
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