Bare Act Search Results

Patents 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.....

Patents 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

Patents 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.....

Patents Act, 1970 (39 of 1970) Section 83

Title: General Principles Applicable to Working of Patented Inventions

State: Central

Year: 1970

.....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 and economic welfare, and to a balance of rights and obligations; (d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India; (e) that patents granted do not in any way prohibit Central Government in taking measures to protect public health; (f) that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent.....

Patents Act, 1970 (39 of 1970) Section 120

Title: Unauthorised Claim of Patent Rights

State: Central

Year: 1970

.....impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India; (b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in India. Explanation 2.-The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India. __________________________ 1. Substituted by Patents (Amendment) Act, 2005 (15 of 2005), w.e.f. 02.04.2007 for the words:* ten thousand rupees. __________________________ * Substituted for "five hundred rupees" by Patents (Amendment) Act,.....

Income Tax Act, 1961 Section 35A

Title: Expenditure on Acquisition of Patent Rights or Copyrights

State: Central

Year: 1961

.....have elapsed since the commencement thereof, and if fourteen years have elapsed as aforesaid, of a reference to one year; (ii) appropriate fraction means the fraction the numerator of which is one and the denominator of which is the number of the relevant previous years. (2) Where the rights come to an end without being subsequently revived or where the whole or any part of the rights is sold and the proceeds of the sale (so far as they consist of capital sums) are not less than the cost of acquisition thereof remaining unallowed, no deduction under sub-section (1) shall be allowed in respect of the previous year in which the rights come to an end or, as the case may be, the whole or any part of the rights is sold or in respect of any subsequent previous year. (3) Where the rights either come to an end without being subsequently revived or are sold in their entirety and the proceeds of the sale (so far as they consist of capital sums) are less than the cost of acquisition thereof remaining unallowed, a deduction equal to such cost remaining unallowed, or, as the case may be, such cost remaining unallowed as reduced by the proceeds of the sale, shall be allowed in.....

Patents Act, 1970 (39 of 1970) Section 49

Title: Patent Rights Not Infringed when Used on Foreign Vessels Etc., Temporarily or Accidentally in India

State: Central

Year: 1970

(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial wastes thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention (a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or (b) in the construction or working of the aircraft or land vehicle or of the accessories thereof,as the case may be. (2) This section shall not extend to vessels, aircrafts or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts.

Patents Act, 1970 Complete Act

State: Central

Year: 1970

PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 2 : Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (aba) "Budapest Treaty" mean the Budapest.....

Patents Act, 1970 (39 of 1970) Amending Act I

Title: Amendment Act

State: Central

Year: 1970

PATENTS(AMENDMENT) ACT, 2002 [Act,No. 38 of 2002] [25thJune, 2002] PREAMBLE AnAct further to amend the Patents Act, 1970 BEit enacted by Parliament in the Fifty-third year of the Republic of India asfollows :- 1.Short title and commencement (1)This Act may be called the Patents (Amendment) Act, 2002. (2)It shall come into force on such 1 date as the Central Governmentmay, by notification in the Official Gazette, appoint; and different dates maybe appointed for different provisions of this Act and any reference in any suchprovision to the commencement of this Act shall be construed as a reference tothe coming into force of that provision. 2.Substitution of certain words for the words "High Court" and "Court" Inthe Patents Act, 1970 (39 of 1970) (hereinafter referred to as the principalAct), for the words "High Court" wherever they occur in sections 21, 43 and71 and the word "Court" occurring in sections 21 and 71, the words "AppellateBoard" and "Board" shall respectively be substituted. 3.Amendment of section 2.- Insection 2 of the principal Act, in sub-section (1),- (a)for clause (a), the following clauses shall be substituted, namely :- .....

Patents Act, 1970 (39 of 1970) Chapter IVA

Title: Exclusive Marketing Rights [Omitted]

State: Central

Year: 1970

..... * [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 as to whether the invention is not an invention within the meaning of this Act in terms of section 3 or the invention is an invention for which no patent can be granted in terms of section 4. (2) Where the Controller, on receipt of a report under sub-section (1) and after such other investigation as he may deem necessary, is satisfied that the invention is no! an invention within the meaning of this Act in terms of section 3 or the invention is an invention for which no patent can be granted in terms of section 4, he.....