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Start Free TrialPatents Act, 1970 (39 of 1970) Chapter XVI
Title: Working of Patents, Compulsory Licences and Revocation
State: Central
Year: 1970
.....to impose. (5) In the case of every patent in respect of an invention referred to in sub-clause (i), or sub-clause (ii), of clause (a) of sub-section (1) of section 87 and deemed to be endorsed with the words "Licences of right" under clause (a) or clause (b) of that subsection, ihe royalty and other remuneration reserved to the patentee under a licence granted to any person after such commencement shall in no case exceed four per cent of the next ex-factory sale price in bulk of the patented article (exclusive of taxes levied under any law for the time being in force and any commissions payable) determined in such manner as may be prescribed. (6) Save as otherwise provided in sub-section (5), the provisions of sub-sections (1), (2), (4) and (5) of section 93 (regarding the powers of the Controller) and of sections 94 and 95 shall apply to licences granted under this section as they apply to licences granted under section 84. 89. Revocation of patents by the Controller for non-working.- (1) Where, in respect of a patent, a compulsory licence has been granted or the endorsement "Licences of right" has been made or is deemed to have been made, the Central Government.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Complete Act
Title: Patents Act, 1970 (39 of 1970)
State: Central
Year: 1970
..... Section153 - Information relating to patents Section154 - Loss or destruction of patents Section155 - Reports of Controller to be placed before Parliament Section156 - Patent to bind Government Section157 - Right of Government to sell or use forfeited articles Section157A - Protection of security of India Section158 - Power of High Courts to make rules Section159 - Power of Central Government to make rules Section160 - Rules to be placed before Parliament Section161 - [Omitted] Section162 - Repeal of Act 2 of 1911 in so far as it relates to patents and savings Section163 - [Omitted] Schedule1 - THE SCHEDULE Amending ActI - AMENDMENT ACT Amending ActII - AMENDMENT ACT
List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter IVA
Title: Exclusive Marketing Rights [Omitted]
State: Central
Year: 1970
..... * [CHAPTER IVA: EXCLUSIVE MARKETING RIGHTS 24A. Application for grant of exclusive rights.-(1) Notwithstanding anything contained in sub-section (1) of section 12, the Controller shall not, under that subsection, refer an application in respect of a claim for a patent covered under sub-section (2) of section 5 to an examiner for making a report till the 31st day of December, 2004 and shall, where an application for grant of exclusive right to sell or distribute the article or substance in India has been made in the prescribed form and manner and on payment of prescribed fee, refer the application for patent, to an examiner for making a report to him as to whether the invention is not an invention within the meaning of this Act in terms of section 3 or the invention is an invention for which no patent can be granted in terms of section 4. (2) Where the Controller, on receipt of a report under sub-section (1) and after such other investigation as he may deem necessary, is satisfied that the invention is no! an invention within the meaning of this Act in terms of section 3 or the invention is an invention for which no patent can be granted in terms of section 4, he.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XVIII
Title: Suits Concerning Infringement of Patents
State: Central
Year: 1970
.....prayed for. Explanation.A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section. Section 107 - Defences, etc., in suits for infringement (1) In any suit for infringement of a patent every ground on which it may be revoked under section 64 shall be available as a ground for defence. (2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus of other article or by the using of any process or by the importation, use or distribution or any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47. Section 107A - Certain acts not to be considered as infringement 1[107A. Certain acts not to be considered as infringement For the purposes of this Act,- (a) any act of making, constructing,2[using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XIII
Title: Register of Patents
State: Central
Year: 1970
.....Where an application is made under thissection for the registration of the title of any person the Controller shall,upon proof of title of his satisfaction,- (a) where that person is entitled to a patent or a share in a patent,register him in the register as proprietor or co-proprietor of the patent, andenter in the register particulars of the instrument or even by which he derivestitle; or (b) wherethat person is entitled to any other interest in the patent, enter in theregister notice of his interest, with particulars of the instrument, if any,creating it: Provided that if there is any dispute betweenthe parties whether the assignment, mortgage, licence, transmission, operationof law or any other such transaction has validly vested in such person a titleto the patent or any share or interest therein, the Controller may refuse totake any action under clause (a) or, as the case may be, under clause (b) untilthe rights of the parties have been determined by a competent court. (4) There shall be supplied to the Controllerin the prescribed manner for being filed in the patent office copies of allagreements, licences and other documents affecting the title to any patent.....
View Complete Act List Judgments citing this sectionPatents 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.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 48
Title: Rights of Patentees
State: Central
Year: 1970
.....to make, use, exercise, sell or distribute the invention in India. (2) Subject to the other provision contained in this Act and the conditions specified in section 47, a patent granted after the commencement of this Act shall confer upon the patentee- (a) where the patent is for an article or substance, the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute such article or substance in India; (b) where a patent is for a method or process of manufacturing an article or substance, the exclusive right by himself, his agents or licenses to use or exercise the method or process in India." 2. Omitted by Patents Amendment Act, 2005 (15 of 2005). Prior to omission: Provided that the product obtained is not a product in respect of which no patent shall be granted under this Act.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 50
Title: Rights of Co-owners of Patents
State: Central
Year: 1970
.....persons. (4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee. (5) Subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing contained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such. (6) Nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this Act. ___________________ 1. Substituted for "make, use, exercise and sell the patented invention" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XI
Title: Restoration of Lapsed Patents
State: Central
Year: 1970
.....effect by reason of failure to pay any renewal fee within the1[period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal re present alive, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within2[eighteen months] from the date on which the patent ceased to have effect, make an application for the restoration of the patent. 3[***] (3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary. ____________________________ 1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: prescribed period or within that period as extended under sub-section (3) of section 53", the words, figures and brackets. 2. Substituted for "one year" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 3. Sub-section(2) omitted by Patents (Amdt) Act, 2002......
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XIV
Title: Patent Office and Its Establishment
State: Central
Year: 1970
(1) The Controller General of Patents, Designsand Trade Marks appointed under sub-section (1) of 1 [section3 of the Trade Marks Act, 1999 (47 of 1999)],shall be the Controller of Patents for the purposes of this Act. (2) For the purposes of this Act, the CentralGovernment may appoint as many examiners and other officers and with suchdesignations as it thinks fit. (3) Subject to the provisions of this Act, theofficers appointed under sub-section (2) shall discharge under thesuperintendence and directions of the Controller such functions of theController under this Act as he may, from time to time by general or specialorder in writing, authorise them to discharge. (4) Without prejudice to the generality of theprovisions of sub-section (3), the Controller may, by order in writing and forreasons to be recorded therein withdraw any matter pending before an officerappointed under sub-section (2) and deal with such matter himself either de novoor from the stage it was so withdrawn or transfer the same to another officerappointed under sub-section (2) who may, subject to special directions in theorder of transfer, proceed with the matter either de novo or from the stage itwas so.....
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