Bare Act Search Results
Home Bare Acts Phrase: patented article Year: 2002 Page 1 of about 177 results (0.009 seconds)Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free TrialPatents (Amendment) Act, 2002 Complete Act
Title: Patents (Amendment) Act, 2002
State: Central
Year: 2002
..... Section1 - Short title and commencement Section2 - Substitution of certain words for the words "High Court" and "Court" Section3 - Amendment of section 2 Section4 - Amendment of section 3 Section5 - Amendment of section 5 Section6 - Amendment of section 7 Section7 - Amendment of section 8 Section8 - Amendment of section 10 Section9 - Amendment of Chapter IV Section10 - Amendment of section 12 Section11 - Amendment of section 13 Section12 - Substitution of new section for section 15 Section13 - Amendment of section 17 Section14 - Amendment of section 21 Section15 - Amendment of section 22 Section16 - Amendment of section 23 Section17 - Amendment of section 24C Section18 - Amendment of section 25 Section19 - Amendment of section 35 Section20 - Amendment of section 36 Section21 - Insertion of new section 39 Section22 - Amendment of section 40 Section23 - Amendment of section 43 Section24 - Amendment of section 45 Section25 - Substitution of new section for section 48 Section26 - Amendment of section 50 Section27 - Amendment of section 53 Section28 - Amendment of section 57 Section29 - Amendment of section 59 Section30 - Amendment of section 60 .....
List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 39
Title: Substitution of New Chapter for Chapter Xvi
State: Central
Year: 2002
.....Controller. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.-- (1) Where an application under section 84 or section 85, as the case may be, is made on the grounds that the patented invention has not been worked in the territory of India or on the ground mentioned in clause (d) of sub-section (7) of section 84 and the Controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked: Provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any State or Central Act or any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of a condition for.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Preamble 1
Title: Patents (Amendment) Act, 2002
State: Central
Year: 2002
PATENTS (AMENDMENT) ACT, 2002 (Act No. 38 of 2002) [25th June, 2002] PREAMBLE An Act further to amend the Patents Act, 1970 BE it enacted by Parliament in the Fifty-third year of the Republic of India as follows :--
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 3
Title: Amendment of Section 2
State: Central
Year: 2002
In section 2 of the principal Act, in sub-section (1),-- (a) for clause (a), the following clauses shall be substituted, namely :-- '(a) "Appellate Board" means the Appellate Board referred to in section 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; (ac) "capable of industrial application", in relation to an invention, means that the invention is capable of being made or used in an industry;'; (b) for clause (d), the following clause shall be substituted, namely :-- '(d) "convention country" means a country or a country which is member of a group of countries or a union of countries or an Inter-Governmental organization notified as such under sub-section (1) of section 133;'; (c) for clause (g), the following clause shall be substituted, namely :-- '(g) "food" means any article of nourishment for human consumption and also includes any substance intended for the use of infants, invalids or convalescents as an article of food or drink;'; (d) in clause (i),-- (i).....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 9
Title: Amendment of Chapter Iv
State: Central
Year: 2002
.....the date of such commencement or within forty-eight months from the date of the application, whichever is later. (3) In case of an application in respect of a claim for a patent covered under sub-section (2) of section 5, a request in the prescribed manner for examination shall be made by the applicant or any other interested person within a period of twelve months from 31st day of December, 2004 or within forty-eight months from the date of the application, whichever is later. (4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) or sub-section (2) or sub-section (3), the application shall be treated as withdrawn by the applicant : Provided that-- (i) The applicant may, at any time after the filing of the application but before the grant of the patent, withdraw the application made by him; and (ii) in a case where a secrecy direction has been issued under section 35, the request for examination may be made within forty-eight months from the date of revocation of the secrecy direction."
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 43
Title: Insertion of New Section 104a
State: Central
Year: 2002
.....a new product; or (b) there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used: Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process. (2) 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.".
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 27
Title: Amendment of Section 53
State: Central
Year: 2002
In section 53 of the principal Act,-- (a) for sub-section (1), the following sub-section shall be substituted, namely :-- "(1) subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filling of the application for the patent." (b) after sub-section (3), the following sub-section shall be inserted, namely :-- "(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection.".
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 47
Title: Substitution of New Chapter for Chapter Xix
State: Central
Year: 2002
.....or direction. (2) An appeal shall lie to the Appellate Board from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19, section 20, section 25, section 27, section 28, section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94. (3) Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed. (4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government, or within such further time as the Appellate Board may, in accordance with the rules made by it allow. 117B. Procedure and powers of Appellate Board.-- The provisions of sub-sections (2) to (6) of section 84, section 87, section 92, section 95 and section 96 of the Trade Marks Act,.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 58
Title: Amendment of Section 138
State: Central
Year: 2002
.....by the Controller" shall be substituted; (c) after sub-section (3), the following sub-sections shall be inserted namely:-- "(4) An international application filed under the Patent Cooperation Treaty designating India shall have effect of filing an application for patent under section 7, section 54 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this Act. (5) The filing date of application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the Patent Cooperation Treaty. (6) Amendment, if any, proposed by the applicant for an international application designation designating India or designating and electing India before international searching authority or preliminary examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office.".
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 8
Title: Amendment of Section 10
State: Central
Year: 2002
In section 10 of the principal Act,-- (a) in sub-section (4), after clause (c), the following clause shall be inserted, namely :-- "(d) be accompanied by an abstract to provide technical information on the invention : Provided that-- (i) the Controller may amend the abstract for providing better information to third parties; and (ii) if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses (a) and (b), and if such material is not available to the public, the application shall be completed by depositing the material to an authorised depository institution as may be notified by the Central Government in the Official Gazette and by fulfilling the following conditions, namely :-- (A) the deposit of the material shall be made not later than the date of the patent application in India; (B) all the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution; (C) access to the material is.....
View Complete Act List Judgments citing this section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial