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Start Free TrialPatents Act, 1970 (39 of 1970) Section 141
Title: Determination of Certain Contracts
State: Central
Year: 1970
(1) Any contract for the sale or lease of a patented article or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease or licence,1[***], may at any time after the patent or all the patents by which the article or process was protected at the time of the making of the contract has or have ceased to be in force, and notwithstanding anything to the contrary in the contract or in any other contract, be determined by the purchaser, lessee, or licensee, as the case may be, of the patent on giving three months, notice in writing to the other party. (2) The provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from this section. ________________________ 1. Words "whether made before or after the commencement of this Act" omitted 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) Section 158
Title: Power of High Courts to Make Rules
State: Central
Year: 1970
The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act.
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 2
Title: Definitions
State: Central
Year: 1970
.....the basis of such evidence to determine, after hearing the parties before it, the rights and obligations of the parties in relation to such matter;] (b) "Indian soldier" means any person subject to {Subs., ibid., for " the Indian Army Act, 1911 or the Indian Air Force Act, 1932 ".} [the Army Act, 1950, or the Air Force Act, 1950];2[or the Navy Act, 1957;] (c) "prescribed " means prescribed by rules made under this Act; and (d) "proceeding" includes any suit, appeal or application. 2[(e) any reference to a decree or order of a Court shall be deemed to include a reference to a judgment, determination or award of a Court.] __________________________ 1. Substituted for "(a) Court " means a Civil or Revenue Court" by the Indian Soldiers (Amendment) Act, 1970, w.e.f. 29-05-1970. 2. Inserted by the Indian Soldiers (Amendment) Act, 1970, w.e.f. 29-05-1970.
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 1
Title: Short Title, Extent and Commencement
State: Central
Year: 1970
(1) This Act may be called the Indian Soldiers (Litigation) Act, 1925. [Subs by the A.O.1950 for the former clause.] [(2) It extends to the whole of India [Subs. by Act 3 of 1951,Section3 and sch., for except Part B States ".]1[***] (3) It shall come into force on the first day of April, 1925. ___________________________ 1. Words "except the State of Jammu and Kashmir" omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956, w.e.f. 01-11-1956.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 163
Title: [Omitted]
State: Central
Year: 1970
1[163. Omitted] __________________________ 1. Omitted by Patents Amendment Act, (15 of 2005). Prior to omission : Amendment of Act 43 of 1958.-in sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958, the words and figures "and the Controller of Patents and Designs for the purposes of the Indian Patents and Designs Act, 1911 (2 of 1911)" shall be omitted.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 162
Title: Repeal of Act 2 of 1911 in So Far as It Relates to Patents and Savings
State: Central
Year: 1970
.....of this Act, may be continued and disposed of, as if this Act had not been passed. __________________________ 1. Sub-section(2) and (3) omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under: "(2) Notwithstanding the repeal of the Indian Patents and Design Act, 1911, in so far as it relates to patents- (a) the provisions of section 21A of that Act and of any rules made thereunder shall continue to apply in relation to any patent granted before the commencement of this Act in pursuance of that section, and (b) the renewal fee in respect of a patent granted under that Act shall be as fixed thereunder. (3) Save as otherwise provided in sub-section (2), the provisions of this Act shall apply to any application for a patent pending at the commencement of this Act and to any proceedings consequent thereon and to any patent granted in pursuance thereof."
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 161
Title: [Omitted]
State: Central
Year: 1970
.....1911 (2 of 1911) thereafter in this section referred to as the repealed Act), and, consequently, was deemed to have been refused by reason of sub-section (4) of section 5 of the repealed Act, the application may, if the applicant or, if he is dead his legal representative makes a request in that behalf to the Controller in the prescribed manner within three months from the commencement of this Act, be revived and shall be disposed of as if it were an application pending at the commencement of this Act to which the provisions of this Act apply by reason of sub-section (3) of section 162. (2) The Controller may, before proceeding to act upon any such request as is referred to in sub-section (1), refer the matter to the Central Government for directions as to whether the invention is one relating to atomic energy and shall act in conformity with the directions issued by it. (3) Where in pursuance of any such application as is referred to in sub-section (1) a patent is granted, the rights of the patentee shall be subject to such conditions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 160
Title: Rules to Be Placed Before Parliament
State: Central
Year: 1970
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or1[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. __________________________ 1. Substituted. by Act 4 of 1986, section. 2 and Schedule. W.e.f. 15-5-1986.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 159
Title: Power of Central Government to Make Rules
State: Central
Year: 1970
.....to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8; (ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; (ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under subsection (2) of section 11A; (id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B; (ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B] (ii) the time within which any act or thing may be done under this Act, including the manner in which and the.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 157A
Title: Protectionof Security of India
State: Central
Year: 1970
.....prejudicial to the interest of security of India; (b) take action including the revocation of any patent which it considers necessary in the interest of security of India: Provided that the Central Government shall, before taking any action under this clause, issue a notification in the Official Gazette declaring its intention to take such action. Explanation.-For the purposes of this section, the expression "security of India" means any action necessary for the security of India which- (i) relates to fissionable materials or the materials from which they are derived; or (ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or (iii) is taken in time of war or other emergency in matter of international relations.]" __________________________ * Inserted. by The Patents (Amendment) Act, 1999 w.r.e.f. 1-1-1995.
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