Title : Substitution of New Sections for Sections 14 and 15
State : Central
Year : 2005
For sections 14 and 15 of the principal Act, the following sections shall be substituted, namely:- "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. 15...... 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 : Transitional Provision
State : Central
Year : 2005
(1) Notwithstanding the omission of Chapter IVA of the principal Act by section 21 of this Act, every application for the grant 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..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 11a
State : Central
Year : 2005
In section 11A of the principal Act,- (a) for sub-sections (1) to (3), the following sub-sections shall be substituted, namely:- "(1) Save as otherwise provided, no application for patent shall ordinarily be open to the public for such period as may be prescribed. (2) The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible. (3) Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application- (a) in which secrecy direction is imposed under section 35; or (b) has..... View Complete Act List Judgments citing this sectionTitle : 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 -..... List Judgments citing this sectionTitle : 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..... View Complete Act List Judgments citing this sectionTitle : Amendment of Section 57
State : Central
Year : 2005
In section 57 of the principal Act,- (a) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) Any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment may be published."; (b) in sub-section (4),- (i) for the word "advertised", the word "published" shall be substituted; (ii) for the word "advertisement", the word "publication" shall be substituted; (c) for sub-section (6), the following sub-section shall be substituted, namely:- "(6) The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification or any other document related..... 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 : Amendment of Section 16
State : Central
Year : 2005
In section 16 of the principal Act,- (a) in sub-section (1), for the words "before the acceptance of the complete specification", the words "before the grant of the patent" shall be substituted; (b) for the Explanation, the following Explanation shall be substituted, namely:- "Explanation.- For the purposes of this Act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period.". View Complete Act List Judgments citing this sectionTitle : Amendment of Section 2
State : Central
Year : 2005
In section 2 of the Patents Act, 1970 (39 of 1970. ) (hereinafter referred to as the principal Act), in sub-section (1),- (a) after clause (ab), the following clause shall be inserted, namely:- '(aba) "Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;'; (b) in clause (d), for the words, brackets and figure "notified as such under sub-section (1) of section 133", the words and figures "referred to as a convention country in section 133" shall be substituted; (c) clause (g) shall be omitted; (d) in clause (h),- (i) in sub-clause (iii), after the words and figures "the Companies Act, 1956 (1 of..... View Complete Act List Judgments citing this section