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Home Bare Acts Phrase: patentablePatents Act, 1970 (39 of 1970) Chapter XVI
Title: Working of Patents, Compulsory Licences and Revocation
State: Central
Year: 1970
.....(1) shall contain a statement setting out the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based. (4) In considering the application filed under this section the Controller shall take into account the matters set out in section 85. (5) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may order the patentee to grant a licence upon such terms as he may deem fit. (6) Where the Controller directs the patentee to grant a licence he may as incidental thereto exercise the powers set out in section 93. 85. Matters to be taken into account in granting compulsory licences.- In determining whether or not to make an order in pursuance of an application filed under section 84, the Controller shall take into account,- (i) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; (ii).....
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 III
Title: Applications for Patents
State: Central
Year: 1970
.....disclosed in specification and shall,in the case of an invention such as is referred to in section 5, relate to asingle method or process of manufacture." Section 11 - Priority dates of claims of a complete specification (1) There shall be a priority date for each claim of a complete specification. (2) Where a complete specification is filed in pursuance of a single application accompanied by- (a) a provisional specification; or (b) a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of filing of the relevant specification. (3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed-- (a) in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification; (b) partly in one and.....
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 XVIII
Title: Suits Concerning Infringement of Patents
State: Central
Year: 1970
.....In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.] ________________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 105 - Power of court to make declaration as to non-infringement (1) Notwithstanding anything contained in section 34 of the Specific Relief Act, 1963 (47 of 1963), any person may institute a suit for a declaration that the use by him of any process, or the making, use of sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or the licensee, if it is shown- (a) that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgement to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and (b) that.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XXI
Title: Patent Agents
State: Central
Year: 1970
.....as it thinks fit to make- (i) that his name has been entered in the register by error on account of misrepresentation or suppression of material fact; (ii) that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the 1 [Controller] renders him unfit to be kept in the register. (2) The 1 [Controller] may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom. ________________________ 1. Substituted for "Central Government" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 2. Substituted for "it" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 131 - Power of Controller to refuse to deal with certain agents (1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act (a) and individual whose name has been removed from, had not restored to, the register; (b) any person who has been convicted of an offence under section 123; (c) any person, not being registered as a.....
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
.....apply to convention applications Chapter XXIII Section140 - Avoidance of certain restrictive conditions Section141 - Determination of certain contracts Section142 - Fees Section143 - Restrictions upon publication of specifications Section144 - Reports of examiners to be confidential Section145 - Publication of official journal Section146 - Power of Controller to call for information from patentees Section147 - Evidence of entries, documents, etc Section148 - Declaration by infant, lunatic etc Section149 - Service of notices, etc., by post Section150 - Security for costs Section151 - Transmission of orders of courts to Controller Section152 - [Omitted] 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.....
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 25
Title: Opposition to the Patent
State: Central
Year: 1970
.....(ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the applicant's claim; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used ion India before the priority date of that claim. Explanation - For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification is.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 64
Title: 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.....
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