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 Complete Act

State: Central

Year: 1970

PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 2 : Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (aba) "Budapest Treaty" mean the Budapest.....

Patents Act, 1970 (39 of 1970) Chapter III

Title: Applications for Patents

State: Central

Year: 1970

.....describe the inventionand shall begin with a title sufficiently indicating the subject-matter towhich the invention relates. (2) Subjectto any rules that may be made in this behalf under this Act, drawings may, andshall, if the Controller so requires, be supplied for the purposes of anyspecification, whether complete or provisional; and any drawings so suppliedshall, unless the Controller otherwise directs be deemed to form part of thespecification, and references in this Act to a specification shall be construedaccordingly. (3) If, inany particular case, the Controller considers that an application should befurther supplemented by a model or sample of anything illustrating theinvention or alleged to constitute an invention, such model or sample as he mayrequire shall be furnished 1 [before the application is found in order forgrant of a patent], but such model or sample shall not be deemed to form partof fhe specification. (4) Everycomplete specification shall- (a)fully and particularly describe theinvention and its operation or use and the method by which it is to beperformed; (b)disclose the best method ofperforming the invention which is known to the applicant.....

Bombay Tenancy and Agricultural Lands Act, 1948 Complete Act

State: Maharashtra

Year: 1948

BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 67 of 1948 An Act to amend the law relating to tenancies of agricultural lands and to make certain other provisions in regard to those lands. WHEREAS, it is necessary to amend the law which governs the relations of landlords and tenants of agricultural lands; AND WHEREAS, on account of the neglect of a landholder or disputes betsveen a landholder and his tenants, the cultivation of his estate has seriously suffered, or for the purpose of improving the economic and social conditions of peasants or ensuring the full and efficient use of land for agriculture, it is expedient to assume management of estates held by landholders and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appurtenant thereto belonging to or occupied by agriculturists, agricultural labourers and artisans in the Province of Bombay and to make provisions for certain other purpose hereinafter appearing; It is enacted as follows:- CHAPTER 1 Preliminary Section 1 Short title, extent and commencement (1) This Act may be called the BOMBAY.....

Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1

Title: Trade Marks Act 1999

State: Central

Year: 1958

.....Parliament in the Fiftieth Year of the Republic of India as follows:-- CHAPTER 1. PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ______________________ 1. 15th September, 2003 vide S.O. 1048 (E), dated 15-9-2003, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 15th September, 2003. 2. Definitions and interpretation (1) In this Act, unless the context otherwisere quires,-- (a) "Appellate Board" means the Appellate Board established under section 83; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (d) "Bench" means a.....

Trade Marks Act, 1999 Complete Act

State: Central

Year: 1999

TRADE MARKS ACT, 1999 TRADE MARKS ACT, 1999 47 of 1999 An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires, - (a) "Appellate Board" means the Appellate Board established under section 83-; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or.....

Trade Marks Act, 1999 (47 of 1999) Chapter 2

Title: The Register and Conditions for Registration

State: Central

Year: 1999

.....of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act. Section 7 - Classification of goods and services (1) The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services for the purposes of registration of trade marks. (2) Any question arising as to the class within which any goods or services falls shall be determined by the Registrar whose decision shall be final. Section 8 - Publication of alphabetical index (1) The Registrar may publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7. (2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (1), the classification of goods or services shall be determined by the Registrar in accordance with sub-section (2) of section 7. Section 9 - Absolute grounds for refusal of registration (1) The trade marks-- (a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods.....

Trade Marks Act, 1999 (47 of 1999) Section 11

Title: Relative Grounds for Refusal of Registration

State: Central

Year: 1999

.....of the earlier trade mark. (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including-- (i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark; (ii) the duration, extent and geographical area of any use of that trade mark; (iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies; (iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent they reflect the use or recognition of the trade mark; (v) the record of successful enforcement of the rights in that trade mark; in particular, the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record. (7) The Registrar shall, while determining as.....

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) Amending Act II

Title: Amendment Act

State: Central

Year: 1970

.....date of the applicant's claim; (f)that the subject of any claim of the complete specification is not an inventionwithin the meaning of this Act, or is not patentable under this Act; (g)that the complete specification does not sufficiently and clearly describe theinvention or the method by which it is to be performed; (h)that the applicant has failed to disclose to the Controller the informationrequired by section 8 or has furnished the information which in any materialparticular was false to his knowledge; (i)that in the case of a convention application, the application was not madewithin twelve months from the date of the first application for protection forthe invention made in a convention country by the applicant or a person fromwhom he derives title; (j)that the complete specification does not disclose or wrongly mentions the sourceor geographical origin of biological material used for the invention; (k)that the invention so far as claimed in any claim of the complete specificationis anticipated having regard to the knowledge, oral or otherwise, availablewithin any local or indigenous community in India or elsewhere, buton no other ground,' andthe.....