Title : Amendment of Section 100
State : Central
Year : 2005
In section 100 of the principal Act, in sub-section (3), for the words "the acceptance of the complete specification in respect of the patent", the words "grant of the patent" shall be substituted. View Complete Act List Judgments citing this sectionTitle : Amendment of Section 105
State : Central
Year : 2005
In section 105 of the principal Act, in sub-section (4), for the words "after the date of advertisement of acceptance of the complete specification of a patent", the words "after the publication of grant of a patent" shall be substituted. View Complete Act List Judgments citing this sectionTitle : Repeal and Saving
State : Central
Year : 2005
(1) The Patents Amendment Ordinance (7 of 2004), 2004 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said ordinance shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act. View Complete Act List Judgments citing this sectionTitle : 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..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 11b
State : Central
Year : 2005
In section 11B of the principal Act,- (a) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period."; (b) sub-section (2) shall be omitted; (c) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person."; (d) in sub-section (4),- (i) the words, brackets..... View Complete Act List Judgments citing this sectionTitle : Substitution of New Sections for Sections 25 and 26
State : Central
Year : 2005
For sections 25 and 26 of the principal Act, the following sections shall be substituted, namely:- "25. Opposition to the patent.-- (1) Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the ground of- (a) patentability including novelty, inventive step and industrial applicability, or (b) non-disclosure or wrongful mentioning in complete specification, source and geographical origin of biological material used in the invention and anticipation of invention by the knowledge, oral or otherwise available within any local or indigenous community in India or elsewhere, and the Controller shall consider and dispose of such representation in..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 34
State : Central
Year : 2005
In section 34 of the principal Act, the words "to accept complete specification for a patent or " shall be omitted. View Complete Act List Judgments citing this sectionTitle : Substitution of New Section for Section 39
State : Central
Year : 2005
For section 39 of the principal Act, the following section shall be substituted, namely:- "39. Residents not to apply for patents outside India without prior permission.-- (1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless- (a) an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and (b) either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked. (2) The Controller shall dispose of every..... View Complete Act List Judgments citing this sectionTitle : 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..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 52
State : Central
Year : 2005
In section 52 of the principal Act,- (a) in sub-section (1),- (i) for the opening words "Where a patent has been revoked", the words and figures "Where the patent has been revoked under section 64" shall be substituted; (ii) for the word, "court", wherever it occurs, the words "Appellate Board or court" shall be substituted; (b) in sub-section (2), for the word "court", occurring at both the places, the words "Appellate Board or court" shall be substituted. View Complete Act List Judgments citing this section