Title : Other Provisions of Act to Apply to Convention Applications
State : Central
Year : 1970
Save as otherwise provided in this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof. View Complete Act List Judgments citing this sectionTitle : Security for Costs
State : Central
Year : 1970
If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the grant of a licence under a patent neither resides nor carries on business in India, the Controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned. View Complete Act List Judgments citing this sectionTitle : [Omitted]
State : Central
Year : 1970
1152. [Omitted ] __________________________ 1. Omitted by Patents Amendment Act, (15 of 2005), w.e.f. 02.04.2007 Transmission of copies of specifications, etc., and inspection thereof.-Copies of all such specifications, drawings and amendments left at the patent office as become open to public inspection under the provisions of this Act, shall be transmitted, as soon as may be, after the printed copies thereof are available, to such authorities as the Central Government may appoint in this behalf, and shall be open to the inspection of any person at all reasonable times at places to be specified by those authorities and with the approval of the Central Government. View Complete Act List Judgments citing this sectionTitle : What Are Not Inventions
State : Central
Year : 1970
The following are not inventions within the meaning of this Act,- (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws; 1 [(b) an invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;] (c) the mere discovery of a scientific principle or the formulation of an abstract theory; 2 [or discovery of any living thing or non-living substance occurring in nature] 3 [(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known..... View Complete Act List Judgments citing this sectionTitle : Information and Undertaking Regarding Foreign Applications
State : Central
Year : 1970
(1) Wherean applicant for a patent under this Act is prosecuting either alone or jointlywith any other person an application for a patent in any country outside Indiain respect of the same or substantially the same invention, or where to hisknowledge such an application is being prosecuted by some person through whomhe claims or by some person deriving title from him, he shall file along withhis application 1 [or subsequently 2 [within the prescribed period as the Controllermay allow]] 3 [(a)a statement setting out detailed particulars of such application; and;] (b)an undertaking that, 4 [upto the date of grant of patent in India], he would keep theController informed in writing, from time to time, of 5 [detailed particulars as required under] clause (a) in respect of everyother..... View Complete Act List Judgments citing this sectionTitle : Power of Controller to Refuse or Require Amended Applications, Etc., in Certain Case
State : Central
Year : 1970
1[15. Power of Controller to refuse or require amended applications, etc., in certain cases Where the Controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the application on failure to do so."]. ________________________ 1. Substituted by Patents Amendment Act (15 of 2005) for the words: *[15. Power of Controller to refuse or require amended applications in certain cases.-Where the Controller is satisfied that the..... View Complete Act List Judgments citing this sectionTitle : Powers of Controller in Case of Potential Infringement
State : Central
Year : 1970
(1) If, in consequence of the investigations required1[under this Act], it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent shall be inserted in the applicant's complete specification by way of notice to the public, unless within such time as may be prescribed- (a) the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or (b) the complete specification is amended to the satisfaction of the Controller. (2) Where, after a reference to another patent has been inserted in a complete..... View Complete Act List Judgments citing this sectionTitle : Anticipation by Previous Communication to Government
State : Central
Year : 1970
An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the Government or to any person authorised by the Government to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of the investigation. View Complete Act List Judgments citing this sectionTitle : Anticipation by Use and Publication After Provisionalspecification
State : Central
Year : 1970
(1) Where a complete specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a complete specification filed along with an application is treated by virtue of a direction under subsection (3) of section 9 as a provisional specification, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter described in the provisional specification or in the specification treated as aforesaid as a provisional specification was used in India or published in India or elsewhere at any time after the date of the filing of that specification. (2) Where a complete specification is filed in..... View Complete Act List Judgments citing this sectionTitle : Finality of Orders of Controller and Centralgovernment
State : Central
Year : 1970
All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever. View Complete Act List Judgments citing this section