PATENTS (AMENDMENT) ACT, 2005

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Year : 2005

[Act, No. 15 of 2005]
[5th April, 2005]

PREAMBLE

An Act to further to amend the Patents Act, 1970.

Section -1 Short title and commencement

(1) This Act may be called the Patents (Amendment) Act, 2005.

(2) Sub-clause (ii) of clause (a), and clause (b), of section 37, sections 41, 42, 47, 58 to 62 (both inclusive) and 73 shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint;1* and the remaining provisions shall be deemed to have come into force on the 1st day of January, 2005.

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1. Enforcement date for "Sections 37(a)(ii) and (b), 41, 42, 47, 59, 60, 61, 62, 63 and 74 as notified by Notification No. S.O. 509(E) Dated 02.04.2007 is 02.04.2007.

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Section -2  Amendment of section 2

In section 2 of the Patents Act, 1970 (39 of 1970. ) (hereinafter referred to as the principal Act), in sub-section (1),-

(a) After clause (ab), the following clause shall be inserted, namely:-

'(aba) "Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;';

(b) In clause (d), for the words, brackets and figure "notified as such under sub-section (1) of section 133", the words and figures "referred to as a convention country in section 133" shall be substituted;

(c) Clause (g) shall be omitted;

(d) In clause (h),-

(i) In sub-clause (iii), after the words and figures "the Companies Act, 1956 (1 of 1956)", the word "; or" shall be inserted;

(ii) After sub-clause (iii), the following sub-clause shall be inserted, namely:-

"(iv) By an institution wholly or substantially financed by the Government;";

(iii) The words "and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council;" shall be omitted;

(e) For clause (i), the following clause shall be substituted, namely:-

'(i) "High Court", in relation to a State or Union territory, means the High Court having territorial jurisdiction in that State or Union territory, as the case may be;';

(f) For clauses (l) and (m), the following clauses shall be substituted, namely:-

'(l) "Opposition Board" means an Opposition Board constituted under sub-section (4) of section 25;

(m) "Patent" means a patent for any invention granted under this Act;'.

Section -3 Amendment of section 3

In section 3 of the principal Act,-

(a) In clause (d), for the words "new use", the words "mere new use" shall be substituted;

(b) For clause (k), the following clauses shall be substituted, namely:-

"(k) A computer programme per se other than its technical application to industry or a combination with hardware;

(ka) A mathematical method or a business method or algorithms;".

Section -4 Omission of section 5

Section 5 of the principal Act shall be omitted.

Section -5  Amendment of section 7

In section 7 of the principal Act,-

(a) After sub-section (1A), the following sub-section shall be inserted, namely:-

"(1B) The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty.";

(b) In sub-section (3), for the word "owner", the word "person" shall be substituted;

(c) For sub-section (4), the following sub-section shall be substituted, namely:-

"(4) Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.".

Section -6 Amendment of section 8

In section 8 of the principal Act,-

(a) In sub-section (1),-

(i) For the words "within such period as the Controller may, for good and sufficient reasons, allow", the words "within the prescribed period as the Controller may allow" shall be substituted;

(ii) In clause (b), for the words "up to the date of the acceptance of his complete specification filed in India", the words "up to the date of grant of patent in India" shall be substituted;

(b) For sub-section (2), the following sub-section shall be substituted, namely:-

"(2) At any time after an application for patent is filed in India and till the grant of a patent or refusal to grant of patent made thereon, the Controller may also require the applicant to furnish details, as may be prescribed, relating to the processing of the application in a country outside India, and in that event the applicant shall furnish to the Controller information available to him within such period as may be prescribed.".

Section -7 Amendment of section 9

In section 9 of the principal Act,-

(a) For sub-section (1), the following sub-section shall be substituted, namely:-

"(1) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned.";

(b) In READ MORE

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