Context: (3) The Central Government shall pay to the applicant, or, as the case may be, the patentee and other persons appearing on the register as having an interest in the patent such compensation as may be agreed upon between the Central Government and the applicant, or the patentee and other persons; or, as may, in default of agreement, be determined by the High Court on a reference under section 1 to be just having regard to the expenditure incurred in connection with the invention and, in the case of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made during such period by the patentee or by his licensee whether exclusive or otherwise) and other relevant factors.

Question: According to subsection (3) of Section 102, what is provided?

Answer: The Central Government shall pay to the applicant, or, as the case may be, the patentee and other persons appearing on the register as having an interest in the patent such compensation as may be agreed upon between the Central Government and the applicant, or the patentee and other persons; or, as may, in default of agreement, be determined by the High Court on a reference under section 1 to be just having regard to the expenditure incurred in connection with the invention and, in the case of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made during such period by the patentee or by his licensee whether exclusive or otherwise) and other relevant factors


Section 102: Acquisition of inventions and patents by the Central Government

Question: Under Section 102, what shall the central government shall pay to the applicant, or, as the case may be, the patentee and other persons appearing on the register as having an interest in the patent such compensation as be?

Answer: agreed upon between the Central Government and the applicant, or the patentee and other persons


Section 104: Jurisdiction

Context:
No suit for a declaration under section 1 or for any relief under section 1 or for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit:
Provided that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim, shall be transferred to the High Court for decision.

Question: According to subsection (1) of Section 104, what is provided?

Answer: No suit for a declaration under section 1 or for any relief under section 1 or for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit:


Section 104: Jurisdiction

Question: Under Section 104, what shall no suit for a declaration under section 1 or for any relief under section 1 or for infringement of a patent be?

Answer: instituted in any court inferior to a district court having jurisdiction to try the suit:


Section 104: Jurisdiction

Question: According to the proviso in Section 104, what is provided?

Answer: Provided that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim, shall be transferred to the High Court for decision


Section 104: Jurisdiction

Question: According to Section 104, what shall where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim be?

Answer: transferred to the High Court for decision


Section 104A: Burden of proof in case of suits concerning infringement

Context:
(1) In any suit for infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court may direct the defendant to prove that the process used by him to obtain the product, identical to the product of the patented process, is different from the patented process if,—
(a) the subject matter of the patent is a process for obtaining a new product; or
(b) there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used:
Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process.

Question: What does subsection (1) of Section 104A provide?

Answer: In any suit for infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court may direct the defendant to prove that the process used by him to obtain the product, identical to the product of the patented process, is different from the patented process if,—


Question: According to clause (a) of Section 104A, what is provided?

Answer: the subject matter of the patent is a process for obtaining a new product; or


Question: What is laid down in clause (b) of Section 104A?

Answer: there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used:


Question: What does the proviso in Section 104A say?

Answer: Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process


Context: (2) In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.

Question: What is stated in subsection (2) of Section 104A?

Answer: In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so


Section 105: Power of court to make declaration as to non-infringement

Context:
(1) Notwithstanding anything contained in section 3 of the Specific Relief Act, 1963 (4 of 1963), any person may institute a suit for a declaration that the use by him of any process, or the making, use or sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or the licensee, if it is shown—
(a) that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgment to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and
(b) that the patentee or licensee has refused or neglected to give such an acknowledgment.
(2) The costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons the court thinks fit to order otherwise, be paid by the plaintiff.

Question: According to subsection (1) of Section 105, what is provided?

Answer: Notwithstanding anything contained in section 3 of the Specific Relief Act, 1963 (4 of 1963), any person may institute a suit for a declaration that the use by him of any process, or the making, use or sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or the licensee, if it is shown—


Question: What does clause (a) of Section 105 state?

Answer: that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgment to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and


Question: According to clause (b) of Section 105, what is provided?

Answer: that the patentee or licensee has refused or neglected to give such an acknowledgment


Question: According to subsection (2) of Section 105, what is provided?

Answer: The costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons the court thinks fit to order otherwise, be paid by the plaintiff


Context:
(3) The validity of a claim of the specification of a patent shall not be called in question in a suit for a declaration brought by virtue of this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid or invalid.
(4) A suit for a declaration may be brought by virtue of this section at any time 2after the publication of grant of a patent, and references in this section to the patentee shall be construed accordingly.

Question: What does subsection (3) of Section 105 provide?

Answer: The validity of a claim of the specification of a patent shall not be called in question in a suit for a declaration brought by virtue of this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid or invalid


Question: What is stated in subsection (4) of Section 105?

Answer: A suit for a declaration may be brought by virtue of this section at any time 2after the publication of grant of a patent, and references in this section to the patentee shall be construed accordingly


Question: According to Section 105, what shall a suit for a declaration may be brought by virtue of this section at any time 2after the publication of grant of a patent, and references in this section to the patentee be?

Answer: construed accordingly


Section 106: Power of court to grant relief in cases of groundless threats of infringement proceedings

Context:
(1) Where any person (whether entitled to or interested in a patent or an application for a patent or not) threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say—
(a) a declaration to the effect that the threats are unjustifiable;
(b) an injunction against the continuance of the threats; and
(c) such damages, if any, as he has sustained thereby.

Question: What does subsection (1) of Section 106 provide?

Answer: Where any person (whether entitled to or interested in a patent or an application for a patent or not) threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say—


Question: According to clause (a) of Section 106, what is provided?

Answer: a declaration to the effect that the threats are unjustifiable


Question: What is laid down in clause (b) of Section 106?

Answer: an injunction against the continuance of the threats; and


Question: What does clause (c) of Section 106 state?

Answer: such damages, if any, as he has sustained thereby


Context:
(2) Unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid, the court may grant to the plaintiff all or any of the reliefs prayed for.
Explanation.—A mere notification of the 1existence of a patent does not constitute a threat of proceeding within the meaning of this section.

Question: What is stated in subsection (2) of Section 106?

Answer: Unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid, the court may grant to the plaintiff all or any of the reliefs prayed for


Question: What is explained in Section 106?

Answer: Explanation.—A mere notification of the 1existence of a patent does not constitute a threat of proceeding within the meaning of this section


Section 107A: Certain acts not to be considered as infringement

Context:
For the purposes of this Act,—
(a) any act of making, constructing, 3using, selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that regulates the manufacture, construction, 4use, sale or import of any product;
(b) importation of patented products by any person from a person 5who is duly authorised under the law to produce and sell or distribute the product, shall not be considered as an infringement of patent rights.

Question: What is stated in subsection (1) of Section 107A?

Answer: For the purposes of this Act,—


Question: What is laid down in clause (a) of Section 107A?

Answer: any act of making, constructing, 3using, selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that regulates the manufacture, construction, 4use, sale or import of any product


Question: What does clause (b) of Section 107A state?

Answer: importation of patented products by any person from a person 5who is duly authorised under the law to produce and sell or distribute the product, shall not be considered as an infringement of patent rights


Section 108: Reliefs in suits for infringement

Context:
(1) The reliefs which a court may grant in any suit for infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.
(2) The court may also order that the goods which are found to be infringing and materials and implement, the predominant use of which is in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation.

Question: What is stated in subsection (1) of Section 108?

Answer: The reliefs which a court may grant in any suit for infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits


Question: According to subsection (2) of Section 108, what is provided?

Answer: The court may also order that the goods which are found to be infringing and materials and implement, the predominant use of which is in the creation of infringing goods shall be seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation


Question: Under Section 108, what shall the court may also order that the goods which are found to be infringing and materials and implement, the predominant use of which is in the creation of infringing goods be?

Answer: seized, forfeited or destroyed, as the court deems fit under the circumstances of the case without payment of any compensation


Section 109: Right of exclusive licensee to take proceedings against infringement

Context:
(1) The holder of an exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or an account of profits or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such.
(2) In any suit for infringement of a patent by the holder of an exclusive licence under sub-section (1), the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

Question: What is stated in subsection (1) of Section 109?

Answer: The holder of an exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or an account of profits or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such


Question: According to Section 109, what shall the holder of an exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages or an account of profits or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by be?

Answer: of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such


Question: What does subsection (2) of Section 109 provide?

Answer: In any suit for infringement of a patent by the holder of an exclusive licence under sub-section (1), the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings


Section 110: Right of licensee under section 8 to take proceedings against infringement

Context:
Any person to whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant; but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. 111. Restriction on power of court to grant damages or account of profits for infringement.—(1) In a suit for infringement of a patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed.
Explanation.—A person shall not be deemed to have been aware or to have had reasonable grounds for believing that a patent exists by reason only of the application to an article of the word "patent", "patented" or any word or words expressing or implying that a patent has been obtained for the article, unless the number of the patent accompanies the word or words in question.

Question: What is stated in subsection (1) of Section 110?

Answer: Any person to whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant; but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. 111. Restriction on power of court to grant damages or account of profits for infringement.—(1) In a suit for infringement of a patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed


Question: According to Section 110, what shall any person to whom a licence has been granted under section 84 be?

Answer: entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant


Question: What does the explanation in Section 110 state?

Answer: Explanation.—A person shall not be deemed to have been aware or to have had reasonable grounds for believing that a patent exists by reason only of the application to an article of the word "patent", "patented" or any word or words expressing or implying that a patent has been obtained for the article, unless the number of the patent accompanies the word or words in question


Context:
(2) In any suit for infringement of a patent the court may, if it thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a failure to pay any renewal fee within the prescribed period and before any extension of that period.
(3) Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act after the publication of the specification, no damages or account of profits shall be granted in any proceedings in respect of the use of the invention before the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge.
(4) Nothing in this section shall affect the power of the court to grant an injunction in any suit for infringement of a patent.

Question: What is stated in subsection (2) of Section 110?

Answer: In any suit for infringement of a patent the court may, if it thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a failure to pay any renewal fee within the prescribed period and before any extension of that period


Question: According to subsection (3) of Section 110, what is provided?

Answer: Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act after the publication of the specification, no damages or account of profits shall be granted in any proceedings in respect of the use of the invention before the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge


Question: Under Section 110, what shall where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this act after the publication of the specification, no damages or account of profits be?

Answer: granted in any proceedings in respect of the use of the invention before the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge


Question: What is stated in subsection (4) of Section 110?

Answer: Nothing in this section shall affect the power of the court to grant an injunction in any suit for infringement of a patent


Section 114: Relief for infringement of partially valid specification

Context:
(1) If in proceedings for infringement of a patent it is found that any claim of the specification, being a claim in respect of which infringement is alleged, is valid, but that any other claim is invalid, the court may grant relief in respect of any valid claim which is infringed:
Provided that the court shall not grant relief except by way of injunction save in the circumstances mentioned in sub-section (2).
(2) Where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the court shall grant relief in respect of any valid claim which is infringed subject to the discretion of the court as to costs and as to the date from which damages or an account of profits should be reckoned, and in exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to remain there.

Question: According to subsection (1) of Section 114, what is provided?

Answer: If in proceedings for infringement of a patent it is found that any claim of the specification, being a claim in respect of which infringement is alleged, is valid, but that any other claim is invalid, the court may grant relief in respect of any valid claim which is infringed:


Question: What does the proviso in Section 114 say?

Answer: Provided that the court shall not grant relief except by way of injunction save in the circumstances mentioned in sub-section (2)


Question: What is stated in subsection (2) of Section 114?

Answer: Where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the court shall grant relief in respect of any valid claim which is infringed subject to the discretion of the court as to costs and as to the date from which damages or an account of profits should be reckoned, and in exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to remain there


Section 115: Scientific advisers

Context:
(1) In any suit for infringement or in any proceeding before a court under this Act, the court may at any time, and whether or not an application has been made by any party for that purpose, appoint an independent scientific adviser to assist the court or to inquire and report upon any such question of fact or of opinion (not involving a question of interpretation of law) as it may formulate for the purpose.
(2) The remuneration of the scientific adviser shall be fixed by the court and shall include the costs of making a report and a proper daily fee for any day on which the scientific adviser may be required to attend before the court, and such remuneration shall be defrayed out of moneys provided by Parliament by law for the purpose. APPEALS

Question: According to subsection (1) of Section 115, what is provided?

Answer: In any suit for infringement or in any proceeding before a court under this Act, the court may at any time, and whether or not an application has been made by any party for that purpose, appoint an independent scientific adviser to assist the court or to inquire and report upon any such question of fact or of opinion (not involving a question of interpretation of law) as it may formulate for the purpose


Section 115: Scientific advisers

Question: What does subsection (2) of Section 115 provide?

Answer: The remuneration of the scientific adviser shall be fixed by the court and shall include the costs of making a report and a proper daily fee for any day on which the scientific adviser may be required to attend before the court, and such remuneration shall be defrayed out of moneys provided by Parliament by law for the purpose. APPEALS


Section 115: Scientific advisers

Question: What must the remuneration of the scientific adviser shall be fixed by the court and contain under Section 115?

Answer: the costs of making a report and a proper daily fee for any day on which the scientific adviser may be required to attend before the court, and such remuneration shall be defrayed out of moneys provided by Parliament by law for the purpose


Section 117A: Appeals to 5High Court

Context:
(1) Save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction.
(2) An appeal shall lie to the 5High Court from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19, 6section 20, sub-section (4) of section 25, section 28, section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 9 and section 94.
(3) Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed.
(4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the 1High Court may, in accordance with the rules made by it, allow.

Question: According to subsection (1) of Section 117A, what is provided?

Answer: Save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction


Section 117A: Appeals to 5High Court

Question: What does subsection (2) of Section 117A provide?

Answer: An appeal shall lie to the 5High Court from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19, 6section 20, sub-section (4) of section 25, section 28, section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 9 and section 94


Section 117A: Appeals to 5High Court

Question: What is stated in subsection (3) of Section 117A?

Answer: Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed


Section 117A: Appeals to 5High Court

Question: According to Section 117A, what is to accompany every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and?

Answer: a copy of the decision, order or direction appealed against and by such fees as may be prescribed


Section 117A: Appeals to 5High Court

Question: What does subsection (4) of Section 117A provide?

Answer: Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the 1High Court may, in accordance with the rules made by it, allow


Section 117A: Appeals to 5High Court

Question: In Section 117A, what is every appeal to be?

Answer: made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the 1High Court may, in accordance with the rules made by it, allow


Section 117E: Appearance of Controller in legal proceedings

Context:
(1) The Controller shall have the right to appear and be heard—
(a) in any legal proceedings before the 1High Court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised;
(b) in any appeal to the 1High Court from an order of the Controller on an application for grant of a patent—
(i) which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or

Question: According to subsection (1) of Section 117E, what is provided?

Answer: The Controller shall have the right to appear and be heard—


Question: What does clause (a) of Section 117E state?

Answer: in any legal proceedings before the 1High Court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised


Question: In Section 117E, what is in any legal proceedings before the 1high court in which the relief sought to be?

Answer: alteration or rectification of the register or in which any question relating to the practice of the patent office is raised


Question: What is laid down in clause (b) of Section 117E?

Answer: in any appeal to the 1High Court from an order of the Controller on an application for grant of a patent—


Question: What does clause (i) of Section 117E state?

Answer: which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or


Context:
(ii) which has been opposed and the Controller considers that his appearance is necessary in the public interest, and the Controller shall appear in any case if so directed by the 1High Court.
(2) Unless the 1High Court otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding.

Question: According to clause (ii) of Section 117E, what is provided?

Answer: which has been opposed and the Controller considers that his appearance is necessary in the public interest, and the Controller shall appear in any case if so directed by the 1High Court


Question: According to subsection (2) of Section 117E, what is provided?

Answer: Unless the 1High Court otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding


Question: Under Section 117E, what shall unless the 1high court otherwise directs, the controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the controller may deem it necessary, and such statement be?

Answer: evidence in the proceeding


Section 120: Unauthorised claim of patent rights

Context:
If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, 1he shall be liable to penalty which may extend to ten lakh rupees, and in case of the continuing claim, a further penalty of one thousand rupees for every day after the first during which such claim continues. Explanation l.—For the purposes of this section, a person shall be deemed to represent—
(a) that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India;
(b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in India.

Question: According to subsection (1) of Section 120, what is provided?

Answer: If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, 1he shall be liable to penalty which may extend to ten lakh rupees, and in case of the continuing claim, a further penalty of one thousand rupees for every day after the first during which such claim continues. Explanation l.—For the purposes of this section, a person shall be deemed to represent—


Question: Under Section 120, what shall if any person falsely represents that any article sold by him is patented in india or is the subject of an application for a patent in india, 1he be?

Answer: liable to penalty which may extend to ten lakh rupees, and in case of the continuing claim, a further penalty of one thousand rupees for every day after the first during which such claim continues


Question: According to clause (a) of Section 120, what is provided?

Answer: that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India


Question: What is laid down in clause (b) of Section 120?

Answer: that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in India


Context: Explanation 2.—The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India.

Question: What does Section 120 provide?

Answer: Explanation 2.—The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India


Question: What does subsection (1) of Section 120 provide?

Answer: Explanation 2.—The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India


Question: In Section 120, what is explanation 2.—the use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for to be?

Answer: deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India


Section 122: Refusal or failure to supply information

Context:
(1) If any person refuses or fails to furnish—
(a) to the Central Government any information which he is required to furnish under sub-section (5) of section 100,
(b) to the Controller any information or statement which he is required to furnish by or under section 146, he shall be liable to penalty which may extend to one lakh rupees, and in case of the continuing refusal or failure, a further penalty of one thousand rupees for every day after the first during which such refusal or failure continues.
(2) If any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, 3he shall be liable to penalty for a sum equal to one half per cent. of the total sale or turnover, as the case may be, of business or of the gross receipts in profession as computed in the audited accounts of such person, or a sum equal to five crore rupees, whichever is less.

Question: According to subsection (1) of Section 122, what is provided?

Answer: If any person refuses or fails to furnish—


Question: What does clause (a) of Section 122 state?

Answer: to the Central Government any information which he is required to furnish under sub-section (5) of section 100,


Question: According to clause (b) of Section 122, what is provided?

Answer: to the Controller any information or statement which he is required to furnish by or under section 146, he shall be liable to penalty which may extend to one lakh rupees, and in case of the continuing refusal or failure, a further penalty of one thousand rupees for every day after the first during which such refusal or failure continues


Question: According to Section 122, what shall to the controller any information or statement which he is required to furnish by or under section 146, he be?

Answer: liable to penalty which may extend to one lakh rupees, and in case of the continuing refusal or failure, a further penalty of one thousand rupees for every day after the first during which such refusal or failure continues


Question: What does subsection (2) of Section 122 provide?

Answer: If any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, 3he shall be liable to penalty for a sum equal to one half per cent. of the total sale or turnover, as the case may be, of business or of the gross receipts in profession as computed in the audited accounts of such person, or a sum equal to five crore rupees, whichever is less


Question: In Section 122, what is if any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, 3he to be?

Answer: liable to penalty for a sum equal to one half per cent


Section 123: Practice by non-registered patent agents

Context: If any person contravenes the provisions of section 129, 4he shall be liable to penalty, which may extend to five lakh rupees, and in case of the continuing default, a further penalty of one thousand rupees for every day after the first during which such default continues.

Question: What does Section 123 provide?

Answer: If any person contravenes the provisions of section 129, 4he shall be liable to penalty, which may extend to five lakh rupees, and in case of the continuing default, a further penalty of one thousand rupees for every day after the first during which such default continues


Question: According to subsection (1) of Section 123, what is provided?

Answer: If any person contravenes the provisions of section 129, 4he shall be liable to penalty, which may extend to five lakh rupees, and in case of the continuing default, a further penalty of one thousand rupees for every day after the first during which such default continues


Question: Under Section 123, what shall if any person contravenes the provisions of section 129, 4he be?

Answer: liable to penalty, which may extend to five lakh rupees, and in case of the continuing default, a further penalty of one thousand rupees for every day after the first during which such default continues


Section 124: Offences by companies

Context:
(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—

Question: What is stated in subsection (1) of Section 124?

Answer: If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:


Section 124: Offences by companies

Question: According to Section 124, what shall if the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence be?

Answer: deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:


Section 124: Offences by companies

Question: What does the proviso in Section 124 say?

Answer: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence


Section 124: Offences by companies

Question: What is stated in subsection (2) of Section 124?

Answer: Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly


Section 124: Offences by companies

Question: According to Section 124, what shall notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and be?

Answer: liable to be proceeded against and punished accordingly


Section 124: Offences by companies

Question: What does the explanation in Section 124 state?

Answer: Explanation.—For the purposes of this section,—


Section 124: Offences by companies

Context:
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.

Question: According to clause (a) of Section 124, what is provided?

Answer: "company" means any body corporate and includes a firm or other association of individuals; and


Section 124: Offences by companies

Question: Under Section 124, what is meant by "company"?

Answer: any body corporate and includes a firm or other association of individuals


Section 124: Offences by companies

Question: Under Section 124, what shall "company" be?

Answer: any body corporate and includes a firm or other association of individuals


Section 124: Offences by companies

Question: According to clause (b) of Section 124, what is provided?

Answer: "director", in relation to a firm, means a partner in the firm


Section 124: Offences by companies

Question: According to Section 124, what shall "director", in relation to a firm be?

Answer: a partner in the firm


Section 124A: Adjudication of penalties

Context: The Controller may, by an order, authorise an officer referred to in section 73, to be the adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard.

Question: What does Section 124A provide?

Answer: The Controller may, by an order, authorise an officer referred to in section 73, to be the adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard


Section 124A: Adjudication of penalties

Question: What does subsection (1) of Section 124A provide?

Answer: The Controller may, by an order, authorise an officer referred to in section 73, to be the adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard


Section 124A: Adjudication of penalties

Question: In Section 124A, what is the controller may, by an order, authorise an officer referred to in section 73, to be the adjudicating officer for holding an inquiry and imposing penalty under the provisions of this act, in the manner as to be?

Answer: prescribed, after giving the person concerned a reasonable opportunity of being heard


Section 124B: Appeal

Context:
(1) Whoever aggrieved by an order of the adjudicating officer under section 124A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf.
(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

Question: According to subsection (1) of Section 124B, what is provided?

Answer: Whoever aggrieved by an order of the adjudicating officer under section 124A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf


Section 124B: Appeal

Question: Under Section 124B, what shall whoever aggrieved by an order of the adjudicating officer under section 124a may prefer an appeal to the appellate authority, who be?

Answer: an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf


Section 124B: Appeal

Question: What is stated in subsection (2) of Section 124B?

Answer: Every appeal under this section shall be preferred in such form and manner as may be prescribed


Section 124B: Appeal

Question: According to Section 124B, what shall every appeal under this section be?

Answer: preferred in such form and manner as may be prescribed


Section 124B: Appeal

Question: What does subsection (3) of Section 124B provide?

Answer: An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period


Section 124B: Appeal

Question: In Section 124B, what is an appeal to be?

Answer: admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period


Section 124B: Appeal

Question: According to subsection (4) of Section 124B, what is provided?

Answer: No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard


Section 124B: Appeal

Question: Under Section 124B, what shall no appeal be?

Answer: disposed of unless the appellant has been given a reasonable opportunity of being heard


Section 124B: Appeal

Context:
(5) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing the appeal.
(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 124A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both. PATENT AGENTS

Question: What is stated in subsection (5) of Section 124B?

Answer: The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing the appeal


Section 124B: Appeal

Question: According to subsection (6) of Section 124B, what is provided?

Answer: Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 124A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both. PATENT AGENTS


Section 127: Rights of patent agents

Context:
Subject to the provisions contained in this Act and in any rules made thereunder, every patent agent whose name is entered in the register shall be entitled:—
(a) to practice before the Controller; and
(b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.

Question: What does subsection (1) of Section 127 provide?

Answer: Subject to the provisions contained in this Act and in any rules made thereunder, every patent agent whose name is entered in the register shall be entitled:—


Section 127: Rights of patent agents

Question: In Section 127, what is subject to the provisions contained in this act and in any rules made thereunder, every patent agent whose name is entered in the register to be?

Answer: entitled:—


Section 127: Rights of patent agents

Question: What is laid down in clause (a) of Section 127?

Answer: to practice before the Controller; and


Section 127: Rights of patent agents

Question: What does clause (b) of Section 127 state?

Answer: to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act


Section 127: Rights of patent agents

Question: In Section 127, what is to prepare all documents, transact all business and discharge such other functions as to be?

Answer: prescribed in connection with any proceeding before the Controller under this Act


Section 129: Restrictions on practice as patent agents

Context:
(1) No person, either alone or in partnerships with any other person, shall practise, describe or hold himself out as a patent agent, or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his partners are so registered.
(2) No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out.
Explanation.—For the purposes of this section, practise as a patent agent includes any of the following acts, namely:—
(a) applying for or obtaining patents in India or elsewhere;

Question: What is stated in subsection (1) of Section 129?

Answer: No person, either alone or in partnerships with any other person, shall practise, describe or hold himself out as a patent agent, or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his partners are so registered


Question: According to subsection (2) of Section 129, what is provided?

Answer: No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out


Question: What does the explanation in Section 129 state?

Answer: Explanation.—For the purposes of this section, practise as a patent agent includes any of the following acts, namely:—


Question: In Section 129, what is —for the purposes of this section, practise as a patent agent to be?

Answer: any of the following acts, namely:—


Question: What is laid down in clause (a) of Section 129?

Answer: applying for or obtaining patents in India or elsewhere


Context:
(b) preparing specifications or other documents for the purposes of this Act or of the patent law of any other country;
(c) giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.

Question: What does clause (b) of Section 129 state?

Answer: preparing specifications or other documents for the purposes of this Act or of the patent law of any other country


Question: According to clause (c) of Section 129, what is provided?

Answer: giving advice other than of a scientific or technical nature as to the validity of patents or their infringement


Section 130: Removal from register of patent agents and restoration

Context:
(1) The 1Controller may remove the name of any person from the register when 2he is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as 2he thinks fit to make—
(i) that his name has been entered in the register by error or on account of misrepresentation or suppression of material fact;
(ii) that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the 1Controller renders him unfit to be kept in the register.
(2) The 1Controller may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom.

Question: According to subsection (1) of Section 130, what is provided?

Answer: The 1Controller may remove the name of any person from the register when 2he is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as 2he thinks fit to make—


Question: What does clause (i) of Section 130 state?

Answer: that his name has been entered in the register by error or on account of misrepresentation or suppression of material fact


Question: According to clause (ii) of Section 130, what is provided?

Answer: that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the 1Controller renders him unfit to be kept in the register


Question: According to subsection (2) of Section 130, what is provided?

Answer: The 1Controller may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom


Section 131: Power of Controller to refuse to deal with certain agents

Context:
(1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act—
(a) any individual whose name has been removed from, and not restored to, the register;
(b) any person who has been convicted of an offence under section 123;
(c) any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person by whom he is employed;

Question: What does subsection (1) of Section 131 provide?

Answer: Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act—


Question: According to clause (a) of Section 131, what is provided?

Answer: any individual whose name has been removed from, and not restored to, the register


Question: What is laid down in clause (b) of Section 131?

Answer: any person who has been convicted of an offence under section 123


Question: What does clause (c) of Section 131 state?

Answer: any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person by whom he is employed


Context:
(d) any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm.
(2) The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India.

Question: According to clause (d) of Section 131, what is provided?

Answer: any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm


Question: According to subsection (2) of Section 131, what is provided?

Answer: The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India


Section 132: Savings in respect of other persons authorised to act as agents

Context:
Nothing in this Chapter shall be deemed to prohibit—
(a) the applicant for a patent from drafting any specification or appearing or acting before the Controller; or
(b) an advocate, not being a patent agent, from taking part in any 4hearing before the Controller on behalf of a party who is taking part in any proceedings under this Act. INTERNATIONAL ARRANGEMENTS

Question: What does subsection (1) of Section 132 provide?

Answer: Nothing in this Chapter shall be deemed to prohibit—


Question: In Section 132, what is nothing in this chapter to be?

Answer: deemed to prohibit—


Question: What is laid down in clause (a) of Section 132?

Answer: the applicant for a patent from drafting any specification or appearing or acting before the Controller; or


Question: What does clause (b) of Section 132 state?

Answer: an advocate, not being a patent agent, from taking part in any 4hearing before the Controller on behalf of a party who is taking part in any proceedings under this Act. INTERNATIONAL ARRANGEMENTS


Section 134: Notification as to countries not providing for reciprocity

Context:
Where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person,—
(a) to apply for the grant of a patent or be registered as the proprietor of a patent;
(b) to be registered as the assignee of the proprietor of a patent; or
(c) to apply for a licence or hold any licence under a patent granted under this Act.

Question: What does subsection (1) of Section 134 provide?

Answer: Where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person,—


Question: In Section 134, what is where any country specified by the central government in this behalf by notification in the official gazette does not accord to citizens of india the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country to be?

Answer: entitled, either solely or jointly with any other person,—


Question: What is laid down in clause (a) of Section 134?

Answer: to apply for the grant of a patent or be registered as the proprietor of a patent


Question: What does clause (b) of Section 134 state?

Answer: to be registered as the assignee of the proprietor of a patent; or


Question: According to clause (c) of Section 134, what is provided?

Answer: to apply for a licence or hold any licence under a patent granted under this Act


Section 135: Convention applications

Context:
(1) Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the "basic application"), and that person or the legal representative or assignee of that person makes an application under this Act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application.
Explanation.—Where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this sub-section shall be reckoned from the date on which the earlier or earliest of the said applications was made.
(2) Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection;

Question: According to subsection (1) of Section 135, what is provided?

Answer: Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the "basic application"), and that person or the legal representative or assignee of that person makes an application under this Act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application


Section 135: Convention applications

Question: What does the explanation in Section 135 state?

Answer: Explanation.—Where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this sub-section shall be reckoned from the date on which the earlier or earliest of the said applications was made


Section 135: Convention applications

Question: In Section 135, what is —where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this sub-section to be?

Answer: reckoned from the date on which the earlier or earliest of the said applications was made


Section 135: Convention applications

Question: According to subsection (2) of Section 135, what is provided?

Answer: Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection


Section 135: Convention applications

Context:
Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions.
(3) In case of an application filed under the Patent Cooperation Treaty designating India and claiming priority from a previously filed application in India, the provisions of sub-sections (1) and (2) shall apply as if the previously filed application were the basic application:
Provided that a request for examination under section 11B shall be made only for one of the applications filed in India.

Question: What does the proviso in Section 135 say?

Answer: Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions


Section 135: Convention applications

Question: In Section 135, what is the fee payable on the making of any such application to be?

Answer: the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions


Section 135: Convention applications

Question: According to subsection (3) of Section 135, what is provided?

Answer: In case of an application filed under the Patent Cooperation Treaty designating India and claiming priority from a previously filed application in India, the provisions of sub-sections (1) and (2) shall apply as if the previously filed application were the basic application:


Section 135: Convention applications

Question: What does the proviso in Section 135 say?

Answer: Provided that a request for examination under section 11B shall be made only for one of the applications filed in India


Section 135: Convention applications

Question: In Section 135, what is a request for examination under section 11b to be?

Answer: made only for one of the applications filed in India


Section 136: Special provisions relating to convention applications

Context:
(1) Every convention application shall—
(a) be accompanied by a complete specification; and
(b) specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made; and
(c) state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title.

Question: According to subsection (1) of Section 136, what is provided?

Answer: Every convention application shall—


Question: What does clause (a) of Section 136 state?

Answer: be accompanied by a complete specification; and


Question: According to clause (b) of Section 136, what is provided?

Answer: specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made; and


Question: What is laid down in clause (c) of Section 136?

Answer: state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title


Context:
(2) Subject to the provisions contained in section 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent.
(3) A convention application shall not be post-dated under sub-section (1) of section 1 to a date later than the date on which under the provisions of this Act the application could have been made.

Question: What does subsection (2) of Section 136 provide?

Answer: Subject to the provisions contained in section 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent


Question: What is stated in subsection (3) of Section 136?

Answer: A convention application shall not be post-dated under sub-section (1) of section 1 to a date later than the date on which under the provisions of this Act the application could have been made


Section 137: Multiple priorities

Context:
(1) Where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications.
(2) The priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed.
(3) For the purposes of this Act, a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior art) in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application.

Question: According to subsection (1) of Section 137, what is provided?

Answer: Where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications


Section 137: Multiple priorities

Question: Under Section 137, by whom may where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application be made?

Answer: any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications


Section 137: Multiple priorities

Question: What is stated in subsection (2) of Section 137?

Answer: The priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed


Section 137: Multiple priorities

Question: According to subsection (3) of Section 137, what is provided?

Answer: For the purposes of this Act, a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior art) in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application


Section 137: Multiple priorities

Question: Under Section 137, what shall for the purposes of this act, a matter be?

Answer: deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior art) in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application


Section 138: Supplementary provisions as to convention applications

Context:
(1) Where a convention application is made in accordance with the provisions of this Chapter, the applicant shall furnish, when required by the Controller, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country as referred to in section 133 verified to the satisfaction of the Controller, within the prescribed period from the date of communication by the Controller.
(2) If any such specification or other document is in a foreign language, a translation into English of the specification or document, verified by affidavit or otherwise to the satisfaction of the Controller, shall be 2furnished when required by the controller.
(3) For the purposes of this Act, the date on which an application was made in a convention country is such date as the Controller is satisfied by certificate of the official chief or head of the patent office of the convention country or otherwise, is the date on which the application was made in that convention country.

Question: What is stated in subsection (1) of Section 138?

Answer: Where a convention application is made in accordance with the provisions of this Chapter, the applicant shall furnish, when required by the Controller, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country as referred to in section 133 verified to the satisfaction of the Controller, within the prescribed period from the date of communication by the Controller


Question: According to subsection (2) of Section 138, what is provided?

Answer: If any such specification or other document is in a foreign language, a translation into English of the specification or document, verified by affidavit or otherwise to the satisfaction of the Controller, shall be 2furnished when required by the controller


Question: Under Section 138, what shall if any such specification or other document is in a foreign language, a translation into english of the specification or document, verified by affidavit or otherwise to the satisfaction of the controller be?

Answer: 2furnished when required by the controller


Question: What is stated in subsection (3) of Section 138?

Answer: For the purposes of this Act, the date on which an application was made in a convention country is such date as the Controller is satisfied by certificate of the official chief or head of the patent office of the convention country or otherwise, is the date on which the application was made in that convention country


Context:
(4) An international application filed under the Patent Cooperation Treaty designating India shall have effect of filing an application for patent under section 7, section 5 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this Act.
(5) The filing date of an application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the Patent Cooperation Treaty.
(6) Amendment, if any, proposed by the applicant for an international application designating India or designating and electing India before international searching authority or preliminary examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office.

Question: According to subsection (4) of Section 138, what is provided?

Answer: An international application filed under the Patent Cooperation Treaty designating India shall have effect of filing an application for patent under section 7, section 5 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this Act


Question: Under Section 138, what shall an international application filed under the patent cooperation treaty designating india shall have effect of filing an application for patent under section 7, section 5 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application be?

Answer: taken as complete specification for the purposes of this Act


Question: What is stated in subsection (5) of Section 138?

Answer: The filing date of an application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the Patent Cooperation Treaty


Question: According to Section 138, what shall the filing date of an application for patent and its complete specification processed by the patent office as designated office be?

Answer: the international filing date accorded under the Patent Cooperation Treaty


Question: What does subsection (6) of Section 138 provide?

Answer: Amendment, if any, proposed by the applicant for an international application designating India or designating and electing India before international searching authority or preliminary examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office


Section 139: Other provisions of Act to apply to convention applications

Context: Save as otherwise provided in this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof.

Question: What does Section 139 provide?

Answer: Save as otherwise provided in this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof


Question: What is stated in subsection (1) of Section 139?

Answer: Save as otherwise provided in this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof


Section 140: Avoidance of certain restrictive conditions

Context:
(1) It shall not be lawful to insert—
(i) in any contract for or in relation to the sale or lease of a patented article or an article made by a patented process; or
(ii) in a licence to manufacture or use a patented article; or
(iii) in a licence to work any process protected by a patent, a condition the effect of which may be—

Question: According to subsection (1) of Section 140, what is provided?

Answer: It shall not be lawful to insert—


Question: What does clause (i) of Section 140 state?

Answer: in any contract for or in relation to the sale or lease of a patented article or an article made by a patented process; or


Question: According to clause (ii) of Section 140, what is provided?

Answer: in a licence to manufacture or use a patented article; or


Question: What is laid down in clause (iii) of Section 140?

Answer: in a licence to work any process protected by a patent, a condition the effect of which may be—


Context:
(a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees, any article other than the patented article or an article other than that made by the patented process; or
(b) to prohibit the purchaser, lessee or licensee from using, or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the vendor, lessor or licensor or his nominee; or
(c) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process, and any such condition shall be void.
(d) to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing,

Question: What does clause (a) of Section 140 state?

Answer: to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees, any article other than the patented article or an article other than that made by the patented process; or


Question: According to clause (b) of Section 140, what is provided?

Answer: to prohibit the purchaser, lessee or licensee from using, or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the vendor, lessor or licensor or his nominee; or


Question: What is laid down in clause (c) of Section 140?

Answer: to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process, and any such condition shall be void


Question: Under Section 140, what shall to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process, and any such condition be?

Answer: void


Question: According to clause (d) of Section 140, what is provided?

Answer: to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing,


Context:
(2) A condition of the nature referred to in clause (a) or clause (b) or clause (c) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process.
(3) In proceedings against any person for the infringement of a patent, it shall be a defence to prove that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section:
Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied.
(4) Nothing in this section shall—

Question: According to subsection (2) of Section 140, what is provided?

Answer: A condition of the nature referred to in clause (a) or clause (b) or clause (c) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process


Question: What does subsection (3) of Section 140 provide?

Answer: In proceedings against any person for the infringement of a patent, it shall be a defence to prove that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section:


Question: In Section 140, what is in proceedings against any person for the infringement of a patent, it to be?

Answer: a defence to prove that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section:


Question: What is stated in the proviso to Section 140?

Answer: Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied


Question: What does subsection (4) of Section 140 provide?

Answer: Nothing in this section shall—


Context:
(a) affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person;
(b) validate a contract which, but for this section, would be invalid;
(c) affect a condition in a contract for the lease of, or licence to use, a patented article, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article as may be required or to put or keep it in repair.

Question: According to clause (a) of Section 140, what is provided?

Answer: affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person


Question: What is laid down in clause (b) of Section 140?

Answer: validate a contract which, but for this section, would be invalid


Question: What does clause (c) of Section 140 state?

Answer: affect a condition in a contract for the lease of, or licence to use, a patented article, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article as may be required or to put or keep it in repair


Question: In Section 140, what is affect a condition in a contract for the lease of, or licence to use, a patented article, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article as to be?

Answer: required or to put or keep it in repair


Section 141: Determination of certain contracts

Context:
(1) Any contract for the sale or lease of a patented article or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease or licence may at any time after the patent or all the patents by which the article or process was
(2) The provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from this section.

Question: According to subsection (1) of Section 141, what is provided?

Answer: Any contract for the sale or lease of a patented article or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease or licence may at any time after the patent or all the patents by which the article or process was


Question: What does subsection (2) of Section 141 provide?

Answer: The provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from this section


Question: In Section 141, what is the provisions of this section to be?

Answer: without prejudice to any right of determining a contract exercisable apart from this section


Section 144: Reports of Examiners to be confidential

Context: The reports of examiners to the Controller under this Act shall not be open to public inspection or be published by the Controller; and such reports shall not be liable to production or inspection in any legal proceeding unless the court certifies that the production or inspection is desirable in the interests of justice, and ought to be allowed.

Question: What does Section 144 provide?

Answer: The reports of examiners to the Controller under this Act shall not be open to public inspection or be published by the Controller; and such reports shall not be liable to production or inspection in any legal proceeding unless the court certifies that the production or inspection is desirable in the interests of justice, and ought to be allowed


Question: What is stated in subsection (1) of Section 144?

Answer: The reports of examiners to the Controller under this Act shall not be open to public inspection or be published by the Controller; and such reports shall not be liable to production or inspection in any legal proceeding unless the court certifies that the production or inspection is desirable in the interests of justice, and ought to be allowed


Section 145: Publication of official journal

Context: The Controller shall publish periodically an official journal which shall contain such information as may be required to be published by or under the provisions of this Act or any rule made thereunder.

Question: What does Section 145 provide?

Answer: The Controller shall publish periodically an official journal which shall contain such information as may be required to be published by or under the provisions of this Act or any rule made thereunder


Question: According to subsection (1) of Section 145, what is provided?

Answer: The Controller shall publish periodically an official journal which shall contain such information as may be required to be published by or under the provisions of this Act or any rule made thereunder


Question: Under Section 145, what shall the controller shall publish periodically an official journal which contain?

Answer: such information as may be required to be published by or under the provisions of this Act or any rule made thereunder


Section 146: Power of Controller to call for information from patentees

Context:
(1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the Controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice.
(2) Without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India.
(3) The Controller may publish the information received by him under sub-section (1) or sub-section (2) in such manner as may be prescribed.

Question: What is stated in subsection (1) of Section 146?

Answer: The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the Controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice


Question: According to Section 146, what shall the controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in india as be?

Answer: specified in the notice