Bare Act Search Results

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.....

Contract Labour (Regulation and Abolition) Act, 1970 Complete Act

State: Central

Year: 1970

.....in this behalf, (ii) in a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948)-, the person so named, (iii) in a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named, (iv) in any other establishment, any person responsible for the supervision and control of the establishment. (h) "wages" shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages Act, 1936 (4 of 1936)-; (i) "workman" means any person employed in or in connection with the work of any establishment to do any skilled, semi-skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person- (A) who is employed mainly in a managerial or administrative capacity ; or (B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial.....

Patents Act, 1970 (39 of 1970) Amending Act I

Title: Amendment Act

State: Central

Year: 1970

PATENTS(AMENDMENT) ACT, 2002 [Act,No. 38 of 2002] [25thJune, 2002] PREAMBLE AnAct further to amend the Patents Act, 1970 BEit enacted by Parliament in the Fifty-third year of the Republic of India asfollows :- 1.Short title and commencement (1)This Act may be called the Patents (Amendment) Act, 2002. (2)It shall come into force on such 1 date as the Central Governmentmay, by notification in the Official Gazette, appoint; and different dates maybe appointed for different provisions of this Act and any reference in any suchprovision to the commencement of this Act shall be construed as a reference tothe coming into force of that provision. 2.Substitution of certain words for the words "High Court" and "Court" Inthe Patents Act, 1970 (39 of 1970) (hereinafter referred to as the principalAct), for the words "High Court" wherever they occur in sections 21, 43 and71 and the word "Court" occurring in sections 21 and 71, the words "AppellateBoard" and "Board" shall respectively be substituted. 3.Amendment of section 2.- Insection 2 of the principal Act, in sub-section (1),- (a)for clause (a), the following clauses shall be substituted, namely :- .....

Patents Act, 1970 (39 of 1970) Section 53

Title: Term Ofpatent

State: Central

Year: 1970

.....provisions of this Act, the term of every patent granted under this Act shall- (a) in respect of an invention claiming the method or process of manufacture of a substance, where the substance is intended for use, or is capable of being used, as food or as a medicine or drug, be five years from the date of sealing of the patent, or seven years from the date of the patent whichever period is shorter; and (b) in respect of any other invention be fourteen years from the date of the patent." 2. Inserted by Patents Amendment Act, 2005 (15 of 2005) 3. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: or within that period as extended under this section 4. Omitted by Patents Amendment Act, 2005 (15 of 2005). Prior to omisssion: The period prescribed for the payment of any renewal fee shall be extended to such period, not being more than six months longer than the prescribed period, as may be specified in a request made to the Controller if the request is made and the renewal fee and the prescribed additional fee paid before the expiration of the period so specified. 5. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

Patents Act, 1970 (39 of 1970) Chapter XXIII

Title: Miscellaneous

State: Central

Year: 1970

.....unlawful by this section continue in force after the expiration of oneyear from such commencement." Section 141 - Determination of certain contracts (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. Section 142 - Fees (1) There shall be paid in respect of the grant of patents and applications therefor, and in respect of.....

Patents Act, 1970 (39 of 1970) Section 142

Title: Fees

State: Central

Year: 1970

.....of patents under this Act, such fees as may be prescribed by the Central Government. (2) Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall not do that act until the fee has been paid. 1[(3) Where a fee is payable in respect of the filing of a document at the patent office, the fee shall be paid along with the document or within the prescribed time and the document shall be deemed not to have been filed at the office if the fee has not been paid within such time.] (4) Where a principal patent is granted later than two years from the date of the filing of2[the aplication], the fees which have become due in the meantime may be paid within a term of three months from the date of the recording of the patent in the register.3[or within the extended period not later than nine months from the date of recording] _________________________ 1. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under: "(3) Where a fee is payable in respect of the filing of a document at the patent office, the document shall be deemed not to have been filed at the office until the fee has.....

Patents Act, 1970 (39 of 1970) Section 55

Title: Term of Patents of Addition

State: Central

Year: 1970

(1) A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer: Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent accordingly. (2) No renewal fees shall be payable in respect of a patent of addition, but, if any such patent becomes an independent patent under sub-section (1) the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent.

Indian Medicine Central Council Act, 1970 Section 7

Title: Term of Office of President, Vice-president and Members of Central Council

State: Central

Year: 1970

.....without excuse, sufficient in the opinion of the Central Council, from three consecutive ordinary meetings of the Central Council or, in the case of a member elected under clause (a) of sub-section (1) of section 3, if he ceases to be enrolled on the concerned State Register of Indian Medicine, or in the case of a member elected under clause (b) of that sub-section, if he ceases to be a member of the Faculty or Department (by whatever name called) of Indian Medicine of the University concerned, (3) A casual vacancy in the Central Council shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated. (4) Members of the Central Council shall be eligible for re-election or renomination. (5) Where the said term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assume office until the said term has expired.

Patents Act, 1970 (39 of 1970) Section 90

Title: Terms and Conditions of Compulsory Licences

State: Central

Year: 1970

.....expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; (ii) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him; (iii) that the patented articles are made available to the public at reasonably affordable prices; (iv) that the licence granted is a non-exclusive licence; (v) that the right of the licensee is non-assignable; (vi) that the licence is for the balance term of the patent unless a shorter term is consistent with public interest ; 1 [(vii) that the licence is granted with the predominant purpose of supply in the Indian market and that the licensee may also export the patented product, if need be in accordance with the provisions of sub-clause (iii) of clause (a) of sub-section (7) of sections 84; (viii) that in the case of semi-conductor technology, the licence granted is to work the invention for public non-commercial use; (ix) that in case the licence is granted to remedy a practice determined after judicial or administrative process to be anti-competitive, the.....

West Bengal Court Courtfees Act, 1970 Complete Act

State: Central

Year: 1970

.....to the same estate. (2) Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates. SECTION 27: PROBATE DECLARED VALID AS TO PROPERTY THOUGH NOT COVERED BY COURT COURT--FEE - The probate of the will, or the letters of administration of the effects, of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration. SECTION 28: PROVISION FOR CASE WHERE TOO LOW A COURT--FEE HAS BEEN PAID ON PROBATES, ETC - Where any person on applying for probate or letters of administration has estimated the.....