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THE PATENTS ACT, 1970

Title : THE PATENTS ACT, 1970

Year : 1970



(1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, he shall1*[publish the application] in the prescribed manner; and within the prescribed period any person interested may give notice to the Controller of opposition thereto on either or both of the following grounds, that is to say,-

(a)That the failure to pay the renewal fee was not unintentional; or

(b) That there has been undue delay in the making of the application.

(2) If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

(3) If no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of additional specified in the application which has ceased to have effect on the cesser of that patent.

(4) The Controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of the Act, has to be entered in the register but which has not been so entered.

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1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: advertise the application.

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(1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the dale of1*[publication] of the application for restoration of the patent under this Chapter.

(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the2*[date of publication] of the application for restoration of the patent.

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1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: advertise.

2. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: date of the advertisement.

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(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender this patent.

(2) Where such an offer is made, the Controller shall1*[publish] the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent.

(3) Any person interested may, within the prescribed period after2*[such publication], give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.

(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and by order, revoke the patent.

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1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: advertise.

2. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: such advertisement.

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Last updated on July, 2016

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