Indian Bare Acts

THE PATENTS ACT, 1970

Title : THE PATENTS ACT, 1970

Year : 1970



All officers and employees of the patent office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office.



An officer or employee in the patent office shall not, except when required or authorised by this Act or under a direction in writing of the 1*[Central Government or Appellate Board] or the Controller or by order of a court,-

(a) Furnish information on a matter which is being, or has been, dealt with under this Act2[***]; or

(b) Prepare or assist in the preparation of a document required or permitted by or under this Act2[***], to be lodged in the patent office; or

(c) Conduct a search in the records of the patent office.

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1. Substituted for "Central Government" by Patents (Amdt) Act, 2002, dated 25.06.2002, w.e.f. 02.04.2007.

2. Words "or under the Indian Patents and Designs Act, 1911 (2 of 1911)" omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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(1) Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely :-

(a)  Summoning and enforcing the attendance of any person and examining him on oath;

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavits;

(d) Issuing commissions for the examination of witnesses or documents;

(e) Awarding costs;

(f) Reviewing his own decision on application made within the prescribed time and in the prescribed manner;

(g) Setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner;

(h) Any other matter which may be prescribed.

(2) Any order for costs awarded by the Controler in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court.

Last updated on July, 2016

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