Bare Act Search Results

Patents Act, 1970 (39 of 1970) Section 11

Title: Priority Dates of Claims of a Complete Specification

State: Central

Year: 1970

.....to which sub-sections (2), (3),1[ (3A)], (4) and (5) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification. (7) The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 17 or, as the case may be, an ante-dating under section 16, be a reference to the date as so post-dated or ante-dated. (8) A claim in a complete specification of a patent shall not be invalid by reason only of- (a) the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or (b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date. ________________________ 1. Inserted by Patents Amendment Act (15 of2005).

Patents Act, 1970 (39 of 1970) Section 137

Title: Multiple Priorities

State: Central

Year: 1970

.....(15 of 2005) for the words: (1) Where a convention application is made in accordance with the provisions of this Chapter, the applicant shall furnish, * [when required by the Controller,] in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country in which the basic application was made, certified by the official chief or head of the patent office of the convention country, or otherwise verified to the satisfaction of the Controller, along with the application or within three months thereafter, or within such further period as the Controller may on good cause allow. ________________________ * Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

Patents Act, 1970 Complete Act

State: Central

Year: 1970

.....falling within sub-section (1) of (section 20 of the Atomic Energy Act, 1962 (33 of 1962)) . (1)Inventions where only methods or processes of manufacture patentable. In the case of inventions- (a) claiming substances intended for use, or capable of being used, as food or as medicine or drug, or (b) relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic com- pounds), no patent shall be granted in respect of claims for the Substances themselves, but claims for the methods or processes of manufacture shall be patentable. (2)Notwithstanding anything contained in sub-section (1), a claim for patent of an invention for a substance itself intended for use, or capable of being used, as medicine or drug, except the medicine or drug specified under sub-clause (v) of clause(l) of sub-section(1) of Section 2, may be made and shall be dealt, without prejudice to the other provisions of this Act, in the manner provided in Chapter IV-A. SECTION 5 : 5 [* * * * *] CHAPTER 3 : APPLICATIONS FOR PATENTS SECTION 6 : Persons entitled to apply for patents (1) Subject to the provisions contained in (section 134) ,.....

Patents Act, 1970 (39 of 1970) Section 25

Title: Opposition to the Patent

State: Central

Year: 1970

.....(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 applicant's claim 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 applicant's claim; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used ion 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 claimed 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 is.....

Patents Act, 1970 (39 of 1970) Chapter III

Title: Applications for Patents

State: Central

Year: 1970

.....disclosed in specification and shall,in the case of an invention such as is referred to in section 5, relate to asingle method or process of manufacture." Section 11 - Priority dates of claims of a complete specification (1) There shall be a priority date for each claim of a complete specification. (2) Where a complete specification is filed in pursuance of a single application accompanied by- (a) a provisional specification; or (b) a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of filing of the relevant specification. (3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed-- (a) in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification; (b) partly in one and.....

Patents Act, 1970 (39 of 1970) Amending Act II

Title: Amendment Act

State: Central

Year: 1970

.....have made significantinvestment and were producing and marketing the concerned product prior to 1stday of January, 2005 and which continue to manufacture the product covered bythe patent on the date of grant of the patent and no infringement proceedingsshall be instituted against such enterprises.". 11.Amendment of section 11B Insection 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 otherinterested person makes a request in the prescribed manner for such examinationwithin 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 undersub-section (2) of section 5 before the 1st day of January, 2005 a request forits examination shall be made in the prescribed manner and within the prescribedperiod by the applicant or any other interested person."; (d)in sub-section (4),- (i)the words, brackets and figure "or sub-section (2)" shall be omitted; (ii)for the proviso, the.....

Delhi Development Act, 1957 Complete Act

State: Delhi

Year: 1957

.....or at whose expense such amenities are to be provided; (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature of buildings designed for particular purposes in the locality; (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area. Section9 Submission of plans to the Central Government for approval (1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone. (2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider.....

Patents (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.....

Patents Act, 1970 (39 of 1970) Section 18

Title: Powers of Controller in Cases of Anticipation

State: Central

Year: 1970

.....to in clause (a) of sub-section (I) or sub-section (2) of section 13, he may refuse1[the application] unless the applicant- (a) shows to the satisfaction of the Controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or (b) amends his complete specification to the satisfaction of the Controller. (2) If it appears to the Controller that the invention is claimed in a claim of any other complete specification referred to in clause (b) of sub-section (I) of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the applicant's complete specification unless within such time as may be prescribed,- (a) the applicant shows to the satisfaction of the Controller that the priority date of claim is not later than the priority date of the claim of the said other specification; or (b) the complete specification is amended to the satisfaction of the Controller. (3) If it appears to the Controller, as a result of an investigation under section 13 or otherwise,- (a) that.....

Patents Act, 1970 (39 of 1970) Amending Act I

Title: Amendment Act

State: Central

Year: 1970

.....any rules made thereunder, theController may require the application, specification or other document, as thecase may be, to be amended to his satisfaction before he proceeds with theapplication or refuse the application on failure to do so.". 13.Amendment of section 17 Insection 17 of principal Act, for sub-section (2) the following sub-section shallbe substituted, namely :- "(2)Where an application or specification (including drawings) or any other documentis required to be amended under section 15, the application or specification orother document shall, if the Controller so directs, be deemed to have been madeon the date on which the requirement is complied with or where the applicationor specification or other document is returned to the applicant on the date onwhich it is refiled after complying with the requirement.". 14.Amendment of section 21 Insection 21 of the principal Act,- (a)in sub-section (1) for the portion beginning with the words "fifteen months"and ending with the words "of this section" the words "twelve months fromthe date on which the first statement of objections to the application orcomplete specification or other documents related thereto is.....