Indian Bare Acts

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THE PATENTS ACT, 1970

Title : THE PATENTS ACT, 1970

Year : 1970



(1) If any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability.

(2) An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.



Any notice required or authorised to be given by or under this Act, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post.



If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the grant of a licence under a patent neither resides nor carries on business in India, the Controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned.



(1) Every order of 1*[the High Court or the Appellate Board] on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by 1*[the High Court or the Appellate Board] to the Controller who shall cause an entry thereof and reference thereto to be made in the register.

(2) Where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transmit a copy of its judgment and decree to the Controller who shall on receipt thereof cause an entry in relation to such proceeding to be made in the prescribed manner in a supplemental record.

(3) The provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of the 2* [Appellate Board or the courts] referred to in those sub-sections.

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

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

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1***

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1. Omitted by Patents Amendment Act, (15 of 2005), w.e.f. 02.04.2007 Transmission of copies of specifications, etc., and inspection thereof.-

Copies of all such specifications, drawings and amendments left at the patent office as become open to public inspection under the provisions of this Act, shall be transmitted, as soon as may be, after the printed copies thereof are available, to such authorities as the Central Government may appoint in this behalf, and shall be open to the inspection of any person at all reasonable times at places to be specified by those authorities and with the approval of the Central Government.

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A person making a request to the Controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly.



If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Controller, the Controller may at any time, on application made in the prescribed manner and on payment of the prescribed fee, cause a duplicate thereof to be sealed and delivered to the applicant.



The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller.



Subject to the other provisions contained in this Act, a patent shall have to all intents the like effect as against Government as it has against any person.



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.

157A -1* Protection of security of India

Notwithstanding anything contained in this Act, the Central Government shall-

(a) Not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of the security of India;

(b) Take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect.

Explanation.-For the purposes of this section, the expression "security of India" includes 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 international relations.

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1. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:

*"[157A. Protection of security of India.-Notwithstanding anything contained in this Act, the Central Government shall-

(a) Not disclose any information relating to any paten table invention or any application relating to the grant of patent under this Act, which it considers 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.

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Last updated on July, 2016

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