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Start Free TrialPatents Act, 1970 (39 of 1970) Section 83
Title: General Principles Applicable to Working of Patented Inventions
State: Central
Year: 1970
.....to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; (b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article; (c) that the protection and enforcement of patent rights contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations; (d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio-economic and technological development of India; (e) that patents granted do not in any way prohibit Central Government in taking measures to protect public health; (f) that the patent right is not abused by the patentee or person deriving title or interest on patent from the patentee, and the patentee or a person deriving title or interest on patent.....
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.
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 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 sectionPatents Act, 1970 (39 of 1970) Section 157
Title: Right of Government to Sell or Use Forfeited Articles
State: Central
Year: 1970
Nothing in this Act shall affect the power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force.
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