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Start Free TrialPatents (Amendment) Act, 2005 Complete Act
Title: Patents (Amendment) Act, 2005
State: Central
Year: 2005
Preamble1 - PATENTS (AMENDMENT) ACT, 2005 Section1 - Short title and commencement Section2 - Amendment of section 2 Section3 - Amendment of section 3 Section4 - Omission of section 5 Section5 - Amendment of section 7 Section6 - Amendment of section 8 Section7 - Amendment of section 9 Section8 - Amendment of section 10 Section9 - Amendment of section 11 Section10 - Amendment of section 11A Section11 - Amendment of section 11B Section12 - Amendment of section 12 Section13 - Amendment of section 13 Section14 - Substitution of new sections for sections 14 and 15 Section15 - Amendment of section 16 Section16 - Amendment of section 17 Section17 - Amendment of section 18 Section18 - Amendment of section 19 Section19 - Substitution of new section for section 21 Section20 - Omission of sections 22 to 24 Section21 - Omission of Chapter IVA Section22 - Substitution of heading of Chapter V Section23 - Substitution of new sections for sections 25 and 26 Section24 - Omission of section 27 Section25 - Amendment of section 28 Section26 - Amendment of section 31 Section27 - Amendment of section 34 Section28 - Amendment of section 35 Section29 - Amendment of section 36 .....
List Judgments citing this sectionPatents (Amendment) Act, 2005 Preamble 1
Title: Patents (Amendment) Act, 2005
State: Central
Year: 2005
THE PATENTS (AMENDMENT) ACT, 2005 [Act, No. 15 of 2005] [5th April, 2005] PREAMBLE An Act to further to amend the Patents Act, 1970.
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 77
Title: Transitional Provision
State: Central
Year: 2005
.....of exclusive marketing rights filed under that Chapter before the 1st day of January, 2005, in respect of a claim for a patent covered under sub-section (2) of section 5 of the principal Act, such application shall be deemed to be treated as a request for examination for grant of patent under sub-section (3) of section 11B the principal Act, as amended by this Act. (2) Every exclusive right to sell or distribute any article or substance in India granted before the 1st day of January, 2005 shall continue to be effective with the same terms and conditions on which it was granted. (3) Without prejudice to any of the provisions of the principal Act, the applications in respect of which exclusive rights have been granted before the 1st day of January, 2005 shall be examined for the grant of patent immediately on the commencement of this Act. (4) All suits relating to infringement of the exclusive right granted before 1st day of January, 2005 shall be dealt with in the same manner as if they were suits concerning infringement of patents under Chapter XVIII of the principal Act. (5) The examination and investigation required as carried out for the grant of exclusive right.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 23
Title: Substitution of New Sections for Sections 25 and 26
State: Central
Year: 2005
.....(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 claim of the patentee 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 claim of the patentee; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in 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 granted 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.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 33
Title: Substitution of New Section for Section 43
State: Central
Year: 2005
For section 43 of the principal Act, the following section shall be substituted, namely:- "43. Grant of patents.-- (1) Where an application for a patent has been found to be in order for grant of the patent and either- (a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; or (b) the application has not been found to be in contravention of any of the provisions of this Act, the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent 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.".
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 48
Title: Substitution of New Section for Section 65
State: Central
Year: 2005
For section 65 of the principal Act, the following section shall be substituted, namely:- "65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.-- (1) Where at any time after grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962.), it may direct the Controller to revoke the patent, and thereupon the Controller, after giving notice, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may revoke the patent. (2) In any proceedings under sub-section (1), the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent.".
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 10
Title: Amendment of Section 11a
State: Central
Year: 2005
.....sub-section (1), be published, except in cases where the application- (a) in which secrecy direction is imposed under section 35; or (b) has been abandoned under sub-section (1) of section 9; or (c) has been withdrawn three months prior to the period specified under sub-section (1)."; (b) in sub-section (4), for the words "of eighteen months", the words, brackets and figure "prescribed under sub-section (1)" shall be substituted; (c) after sub-section (6), the following sub-section shall be inserted, namely:- "(7) On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application: Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted: Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent.".
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 7
Title: Amendment of Section 9
State: Central
Year: 2005
In section 9 of the principal Act,- (a) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned."; (b) in sub-section (2), the following proviso shall be inserted at the end, namely:- "Provided that the period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification."; (c) for sub-sections (3), the following sub-section shall be substituted, namely:- "(3) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 19
Title: Substitution of New Section for Section 21
State: Central
Year: 2005
.....the applicant shall not be deemed to have complied with such requirements unless and until he has re-filed it or the applicant proves to the satisfaction of the Controller that for the reasons beyond his control such document could not be re-filed. (2) If at the expiration of the period as prescribed under sub-section (1),- (a) an appeal to the High Court is pending in respect of the application for the patent for the main invention; or (b) in the case of an application for a patent of addition, an appeal to the High Court is pending in respect of either that application or the application for the main invention, the time within which the requirements of the Controller shall be complied with shall, on an application made by the applicant before the expiration of the period as prescribed under sub-section (1), be extended until such date as the High Court may determine. (3) If the time within which the appeal mentioned in sub-section (2) may be instituted has not expired, the Controller may extend the period as prescribed under sub-section (1), to such further period as he may determine: Provided that if an appeal has been filed during the said further period, and the.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2005 Section 54
Title: Insertion of New Section 92a
State: Central
Year: 2005
.....licence for export of patented pharmaceutical products in certain exceptional circumstances.-- (1) Compulsory licence shall be available for manufacture and export of patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product to address public health problems, provided compulsory licence has been granted by such country. (2) The Controller shall, on receipt of an application in the prescribed manner, grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product to such country under such terms and conditions as may be specified and published by him. (3) The provisions of sub-sections (1) and (2) shall be without prejudice to the extent to which pharmaceutical products produced under a compulsory license can be exported under any other provision of this Act. Explanation.-For the purposes of this section, 'pharmaceutical products' means any patented product, or product manufactured through a patented process, of the pharmaceutical sector needed to address public health problems and shall be inclusive of ingredients necessary for their.....
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