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..... View Complete Act List Judgments citing this sectionTitle : Terms and Conditions of Compulsory Licences
State : Central
Year : 1970
(1) In settling the terms and conditions of a licence under section 84, the Controller shall endeavour to secure- (i) that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; (ii) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him; (iii) that the patented articles are made available to the public at reasonably affordable prices; (iv) that the licence granted is a non-exclusive licence; (v) that the right..... View Complete Act List Judgments citing this sectionTitle : Special Provision for Compulsory Licences on Notifications by Central Government
State : Central
Year : 1970
(1) If the Central Government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use, that it is necessary that compulsory licences should be granted at any time after the sealing thereof to work the invention, it may makes a declaration to that effect, by notification in the Official Gazette, and thereupon the following provisions shall have effect, that is to say (i) the Controller shall on application made at any time after the notification by any person interested grant to the applicant a licence under the patent on such terms and conditions as he thinks fit; (ii) in settling the terms and conditions of a licence granted under this section, the Controller shall..... View Complete Act List Judgments citing this sectionTitle : Reference to High Court of Disputes as to Use for Purposes of Government
State : Central
Year : 1970
(1) Any dispute as to the exercise by the Central Government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of Government thereunder or as to the right of any person to receive any part of a payment made in pursuance of sub-section (3) of that section or as to the amount of compensation payable for the acquisition of an invention or a patent under section 102, may be referred to the High Court by either party to the dispute in such manner as may be prescribed by the rules of the High Court (2) In any proceedings under this section to which the Central Government is a party, the Central Government may, (a) if the patentee is a party to the proceedings, petition by way of counterclaim for revocation of..... View Complete Act List Judgments citing this sectionTitle : Jurisdiction
State : Central
Year : 1970
No suit for a declaration under section 105 or for any relief under section 106 or for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit: Provided that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim, shall be transferred to the High Court for decision. View Complete Act List Judgments citing this sectionTitle : Defences, Etc., in Suits for Infringement
State : Central
Year : 1970
(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. View Complete Act List Judgments citing this sectionTitle : Relief for Infringement of Partially Valid Specification
State : Central
Year : 1970
(1) If in proceedings for infringement of a patent it is found that any claim of the specification, being a claim in respect of which infringement is alleged, is valid, but that any other claim is invalid, the court may grant relief in respect of any valid claim which is infringed; Provided that the court shall not grant! relief except by way of injunction save in the circumstances mentioned in sub-section (2). (2) Where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the court shall grant relief in respect of any valid claim which is infringed subject to the discretion of the court as to costs and as to the date from which damages or an account of profits should be reckoned, and in exercising such discretion the court..... View Complete Act List Judgments citing this sectionTitle : Restrictions on Practice as Patent Agents
State : Central
Year : 1970
(1) No person either alone or in partnership with any other person, shall practise, describe or hold himself out as a patent agent or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his partners are so registered. (2) No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out. Explanation. For the purposes of this section, practise as a patent agent includes any of the following acts, namely: (a) applying for or obtaining patents in India or elsewhere; (b) preparing specifications or other documents for the purposes of this Act or of the patent law of any other country; (c) giving advice other than of a..... View Complete Act List Judgments citing this sectionTitle : Removal from Register of Patent Agents and Restoration
State : Central
Year : 1970
(1) The 1 [Controller] may remove the name of any person from the register when 2 [he]it is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, 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..... View Complete Act List Judgments citing this sectionTitle : Consideration of the Report of Examiner by Controller
State : Central
Year : 1970
1[14. Consideration of the report of examiner by Controller Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard]. ________________________ 1. Substituted by Patents Amendment Act (15 of 2005) for the words: 14...... View Complete Act List Judgments citing this section