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Home Bare Acts Phrase: section 419Patents Act, 1970 (39 of 1970) Section 110
Title: Right of Licensee Under Section 84 to Take Proceedings Against Infringement
State: Central
Year: 1970
Any person to whom a licence has been granted under section 84 shall be entitled to call upon the paientee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant; but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 87
Title: Procedure for Dealing with Applications Under Sections 84 and 85
State: Central
Year: 1970
(1) Where the Controller is satisfied, upon consideration of an application under section 84, or section 85, that a prima facie case has been made out for the making of an order, he shall direct the applicant to serve copies of the application upon the patentee and any other person appearing from the register to be interested in the patent in respect of which the application is made, and1[shall publish the application in the official journal]. (2) The patentee or any other person desiring to oppose the application may, within such time as may be prescribed or within such further time as the Controller may on application (made either before or after the expiration of the prescribed time) allow, give to the Controller notice of opposition. (3) Any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed. (4) Where any such notice of opposition is duly given, the Controller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case. ____________________________ 1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: shall.....
View Complete Act List Judgments citing this sectionCOMPANIES ACT, 1956 Section 419
Title: Right of employee to see bank's receipt for moneys or securities referred to in section 417 or 418
State: Central
Year: 1956
An employee shall be entitled, on request made in this behalf to the company, or to the trustees referred to in sub-section (4) of section 418, as the case may be, to see the bank's receipt for any money or such as is referred to in section 417 and 418.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 40
Title: Liability for Contravention of Section 35 or Section39
State: Central
Year: 1970
Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 351[or makes or causes to be made an application for grant of a patent outside India in contravention of section 39]e application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64. _____________________ 1. Inserted 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 34
Title: No Anticipation if Circumstances Are Only as Described in Sections 29, 30, 31 and 32
State: Central
Year: 1970
Notwithstanding anything contained in this Act, the Controller shall not refuse1[Omitted] to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 29 or section 30 or section 31 or section 32, do not constitute an anticipation of the invention claimed in the specification. _________________________ 1. Substituted by Patents (Amdt) Act, 2005 for the words: not later than six months.
View Complete Act List Judgments citing this sectionFinance Act, 2011, (Central) Section 72
Title: Amendment of Notifications Issued Under Section 5a of Central Excise Act
State: Central
Year: 2011
.....date specified in column (4) of that Schedule, against each of the notifications specified in column (2) of that Schedule. (2) Where a manufacturer avails the benefit of exemption provided under the said notifications as amended by sub-section (1), he shall, within a period of six months from the date on which the Finance Bill, 2011 receives the assent of the President, provide details relating to the investments made in terms of condition (B) specified in notifications number G.S.R. 679(E), dated the 25th August, 2003 and number G.S.R. 60(E), dated the 21st January, 2004, as subsequently amended by number G.S.R. 419(E), dated the 9th July, 2004, to the Investment Appraisal Committee. (3) The Investment Appraisal Committee shall, on receipt of details under sub-section (2) and on being satisfied that the investment, as specified in condition (B) referred to in sub-section (2), has been made, issue the certificate in accordance with condition (E) specified in the said notifications as soon as possible but not later than the 31st day of December, 2012. (4) Any amount lying or remaining unutilised in the escrow account [referred to in notification number G.S.R.419(E),.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 420
Title: Penalty for Contravention of Sections 417, 418 and 419
State: Central
Year: 1956
Any officer of a company, or any such trustee of a provident fund as is referred to in sub-section ( 4 ) of section 418 who, knowingly, contravenes, or authorises or permits the contravention of, the provisions of section 417 , 418 or 419, shall be punishable with1[imprisonment for a term which may extend to six months, or with fine which may extend to2[ten thousand rupees]]. ______________________ 1. Substituted by Act 65 of 1960, Section 160, for "fine which may extend to five hundred rupees" (w.e.f.28 -12-1960). 2.Substituted by Act 53 of 2000, sec.185, for "one thousand rupees" (w.e.f. 13-12-2000)
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 8
Title: Information and Undertaking Regarding Foreign Applications
State: Central
Year: 1970
.....the Controller information available to him within such period asmay be prescribed.]. __________________________ 1. Inserted by Patents (Amdt.) Act,2002 dated 25.06.2002 w.e.f 20.05.2003. 2. Substituted by Patents Amendment Act(15 of 2005) for the words "within such period as the Controller may, forgood and sufficient reasons, allow". 3. Substituted by Patents (Amdt.) Act,2002 dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under: "a statement setting out the name of the countrywhere the application is being prosecuted, the serial number and date of filingof the application and such other particulars as may be prescribed ; and" 4. Substituted by PatentsAmendment Act (15 of 2005) for the words "upto the date of the acceptance of hiscomplete specification filed in India" 5. Substituted for "details of the nature referred toin" by Patents (Amdt.) Act,2002 dated 25.06.2002 w.e.f 20.05.2003. 6. Substituted by Patents Amendment Act(15 of 2005) for the words : * [At any time after an application for patent isfiled in India and till the grant of patent or refusal to grant of patent is madethereon, the Controller may also require the applicant to.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 20
Title: Powers of Controller to Make Orders Regarding Substitution of Applicants, Etc.
State: Central
Year: 1970
.....interest of the applicant therein, or to an undivided share of the patent or of that interest, the Controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly as the case may require. (2) No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for a patent except with the consent of the other joint applicant or applicants. (3) No such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of an invention unless (a) the invention is identified therein by reference to the number of the application for the patent; or (b) there is produced to the Controller an acknowledgement by the person by whom the assignment or agreement was made that the assignment or agreement relates to the invention in respect of which that application is made; or (c) the rights of the claimant in respect of the invention have been finally established by the decision of a court; or (d) the.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 29
Title: Anticipation by Previous Publication
State: Central
Year: 1970
.....in a convention country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter: Provided that this sub-section shall not apply if the invention was before the priority date of the claim commercially worked in India, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the patentee or the applicant for the patent or any person from whom he derives title. (3) Where a complete specification is filed in pursuance of an application for a patent made by a person being the true and first inventor or deriving title from him, an invention claimed in that specification shall not be deemed to have been anticipated by reason only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by reason only that after the date of filing of that other application the invention was used or published, without the consent of that person, by the applicant in respect of that other application, or by any.....
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