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THE PATENTS ACT, 1970

Title : THE PATENTS ACT, 1970

Year : 1970



(1) Subject to the provisions contained in this Act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the sea of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee.

(2) The register shall be prima facie evidence of any matters required or authorised by or under this act to be entered therein.

1*[(3) If the record or particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection.]

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1. Inserted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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(1) The Controller General of Patents, De signsand Trade Marks appointed under sub-section (1) of 1*[section3 of the Trade Marks Act, 1999 (47 of 1999)],shall be the Controller of Patents for the purposes of this Act.

(2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit.

(3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or specialorder in writing, authorise them to discharge.

(4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either denovoor from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either denovo or from the stage it was so transferred.

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1.Substituted for "section4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)"by Patents (Amdt) Act, 2002. dated 25.06.2002, w.e.f. 02.04.2007.

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(1) For the purposes of this Act, there shall be an office which shall be known as the patent office.

(2) 1*[The Central Government may, by notification in the Official Gazette, specify the name of the Patent Office].

(3) The head office of the patent office shall be at such place as the Central Government may specify, and for the purpose of facilitating the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office.

(4) There shall be a seal of the patent office.

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

(2) The register shall be prima facie evidence of any matters required or authorised by or under this act to be entered therein.

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Last updated on July, 2016

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