Section 38: Revocation of secrecy directions and extension of time

Context: When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application, whether or not that time has previously expired.

Question: What is stated in subsection (1) of Section 38?

Answer: When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application, whether or not that time has previously expired


Section 39: Residents not to apply for patents outside India without prior permission

Context:
(1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless—
(a) an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and
(b) either no direction has been given under sub-section (1) of section 3 in relation to the application in India, or all such directions have been revoked.
(2) The Controller shall dispose of every such application within such period as may be prescribed:

Question: According to subsection (1) of Section 39, what is provided?

Answer: No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless—


Question: What does clause (a) of Section 39 state?

Answer: an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and


Question: According to clause (b) of Section 39, what is provided?

Answer: either no direction has been given under sub-section (1) of section 3 in relation to the application in India, or all such directions have been revoked


Question: According to subsection (2) of Section 39, what is provided?

Answer: The Controller shall dispose of every such application within such period as may be prescribed:


Question: Under Section 39, what shall the controller shall dispose of every such application within such period as be?

Answer: prescribed:


Context:
Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall not grant permit without the prior consent of the Central Government.
(3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.

Question: According to the proviso in Section 39, what is provided?

Answer: Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall not grant permit without the prior consent of the Central Government


Question: According to subsection (3) of Section 39, what is provided?

Answer: This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India


Section 40: Liability for contravention of section 3 or section 39

Context: Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 1or makes or causes to be made an application for grant of a patent outside India in contravention of section 39, or the application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64.

Question: What does Section 40 provide?

Answer: Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 1or makes or causes to be made an application for grant of a patent outside India in contravention of section 39, or the application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64


Question: What does subsection (1) of Section 40 provide?

Answer: Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 1or makes or causes to be made an application for grant of a patent outside India in contravention of section 39, or the application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64


Question: In Section 40, what is without prejudice to the provisions contained in chapter xx, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the controller under section 35 1or makes or causes to be made an application for grant of a patent outside india in contravention of section 39, or the application for patent under this act to be?

Answer: deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64


Section 41: Finality of orders of Controller and Central Government

Context: All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever.

Question: What does Section 41 provide?

Answer: All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever


Question: According to subsection (1) of Section 41, what is provided?

Answer: All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever


Question: Under Section 41, what shall all orders of the controller giving directions as to secrecy as well as all orders of the central government under this chapter be?

Answer: final and shall not be called in question in any court on any ground whatsoever


Section 44: Amendment of patent granted to deceased applicant

Context: Where, at any time after a patent has been 4granted in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was 4granted, the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly.

Question: What does subsection (1) of Section 44 provide?

Answer: Where, at any time after a patent has been 4granted in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was 4granted, the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly


Question: In Section 44, what is where, at any time after a patent has been 4granted in pursuance of an application under this act, the controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was 4granted, the controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and to be?

Answer: deemed always to have had effect, accordingly


Section 45: Date of patent

Context:
(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.
(2) The date of every patent shall be entered in the register.
(3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before 6the date of publication of the application.

Question: According to subsection (1) of Section 45, what is provided?

Answer: Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed


Section 45: Date of patent

Question: Under Section 45, what shall subject to the other provisions contained in this act, every patent be?

Answer: dated as of the date on which the application for patent was filed


Section 45: Date of patent

Question: What is stated in subsection (2) of Section 45?

Answer: The date of every patent shall be entered in the register


Section 45: Date of patent

Question: According to Section 45, what shall the date of every patent be?

Answer: entered in the register


Section 45: Date of patent

Question: What does subsection (3) of Section 45 provide?

Answer: Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before 6the date of publication of the application


Section 45: Date of patent

Question: In Section 45, what is notwithstanding anything contained in this section, no suit or other proceeding to be?

Answer: commenced or prosecuted in respect of an infringement committed before 6the date of publication of the application


Section 46: Form, extent and effect of patent

Context:
(1) Every patent shall be in the prescribed form and shall have effect throughout India.
(2) A patent shall be granted for one invention only:
Provided that it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention.

Question: According to subsection (1) of Section 46, what is provided?

Answer: Every patent shall be in the prescribed form and shall have effect throughout India


Question: Under Section 46, what shall every patent be?

Answer: in the prescribed form and shall have effect throughout India


Question: What is stated in subsection (2) of Section 46?

Answer: A patent shall be granted for one invention only:


Question: According to Section 46, what shall a patent be?

Answer: granted for one invention only:


Question: What does the proviso in Section 46 say?

Answer: Provided that it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention


Section 47: Grant of patents to be subject to certain conditions

Context:
The grant of a patent under this Act shall be subject to the condition that—
(1) any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the Government for the purpose merely of its own use;
(2) any process in respect of which the patent is granted may be used by or on behalf of the Government for the purpose merely of its own use;
(3) any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils; and

Question: What is stated in subsection (1) of Section 47?

Answer: The grant of a patent under this Act shall be subject to the condition that—


Question: According to Section 47, what shall the grant of a patent under this act be?

Answer: subject to the condition that—


Question: What does subsection (1) of Section 47 provide?

Answer: any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the Government for the purpose merely of its own use


Question: In Section 47, what is any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted to be?

Answer: imported or made by or on behalf of the Government for the purpose merely of its own use


Question: According to subsection (2) of Section 47, what is provided?

Answer: any process in respect of which the patent is granted may be used by or on behalf of the Government for the purpose merely of its own use


Question: Under Section 47, what shall any process in respect of which the patent is granted be?

Answer: used by or on behalf of the Government for the purpose merely of its own use


Question: What is stated in subsection (3) of Section 47?

Answer: any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils; and


Question: According to Section 47, what shall any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted be?

Answer: made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils


Context: (4) in the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette.

Question: What does subsection (4) of Section 47 provide?

Answer: in the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette


Question: In Section 47, what is in the case of a patent in respect of any medicine or drug, the medicine or drug to be?

Answer: imported by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette


Section 48: Rights of patentees

Context:
Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee—
(a) where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India;
(b) where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India. 49. Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.—(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention—
(a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or

Question: According to subsection (1) of Section 48, what is provided?

Answer: Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee—


Section 48: Rights of patentees

Question: What does clause (a) of Section 48 state?

Answer: where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India


Section 48: Rights of patentees

Question: According to clause (b) of Section 48, what is provided?

Answer: where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India. 49. Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.—(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention—


Section 48: Rights of patentees

Question: What is laid down in clause (a) of Section 48?

Answer: in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or


Section 48: Rights of patentees

Context:
(b) in the construction or working of the aircraft or land vehicle or of the accessories thereof, as the case may be.
(2) This section shall not extend to vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts.

Question: What does clause (b) of Section 48 state?

Answer: in the construction or working of the aircraft or land vehicle or of the accessories thereof, as the case may be


Section 48: Rights of patentees

Question: What is stated in subsection (2) of Section 48?

Answer: This section shall not extend to vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts


Section 50: Rights of co-owners of patents

Context:
(1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent.
(2) Subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to 1the rights conferred by section 4 for his own benefit without accounting to the other person or persons.
(3) Subject to the provisions contained in this section and in section 5 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under the patent shall not be granted and a share in the patent shall not be assigned by one of such persons except with the consent of the other person or persons.
(4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee.

Question: According to subsection (1) of Section 50, what is provided?

Answer: Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent


Question: What does subsection (2) of Section 50 provide?

Answer: Subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to 1the rights conferred by section 4 for his own benefit without accounting to the other person or persons


Question: In Section 50, what is subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons to be?

Answer: entitled, by himself or his agents, to 1the rights conferred by section 4 for his own benefit without accounting to the other person or persons


Question: According to subsection (3) of Section 50, what is provided?

Answer: Subject to the provisions contained in this section and in section 5 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under the patent shall not be granted and a share in the patent shall not be assigned by one of such persons except with the consent of the other person or persons


Question: What does subsection (4) of Section 50 provide?

Answer: Where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee


Question: In Section 50, what is where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him to be?

Answer: entitled to deal with the article in the same manner as if the article had been sold by a sole patentee


Context:
(5) Subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing contained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such.
(6) Nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this Act.

Question: According to subsection (5) of Section 50, what is provided?

Answer: Subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing contained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such


Question: What does subsection (6) of Section 50 provide?

Answer: Nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this Act


Section 51: Power of Controller to give directions to co-owners

Context:
(1) Where two or more persons are registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 5 in relation thereto, as he thinks fit.
(2) If any person registered as grantee or proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Controller may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default.
(3) Before giving any directions in pursuance of an application under this section, the Controller shall give an opportunity to be heard—
(a) in the case of an application under sub-section (1), to the other person or persons registered as grantee or proprietor of the patent;

Question: What is stated in subsection (1) of Section 51?

Answer: Where two or more persons are registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 5 in relation thereto, as he thinks fit


Question: According to subsection (2) of Section 51, what is provided?

Answer: If any person registered as grantee or proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Controller may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default


Question: What does subsection (3) of Section 51 provide?

Answer: Before giving any directions in pursuance of an application under this section, the Controller shall give an opportunity to be heard—


Question: According to clause (a) of Section 51, what is provided?

Answer: in the case of an application under sub-section (1), to the other person or persons registered as grantee or proprietor of the patent


Context:
(b) in the case of an application under sub-section (2), to the person in default.
(4) No direction shall be given under this section so as to affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent.
(2) Where any such order is passed, the Controller shall, on request by the petitioner made in the prescribed manner grant to him:—
(i) in cases where the 2 court permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked;

Question: What is laid down in clause (b) of Section 51?

Answer: in the case of an application under sub-section (2), to the person in default


Question: What does subsection (4) of Section 51 provide?

Answer: No direction shall be given under this section so as to affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent


Question: In Section 51, what is no direction to be?

Answer: given under this section so as to affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent


Question: According to subsection (2) of Section 51, what is provided?

Answer: Where any such order is passed, the Controller shall, on request by the petitioner made in the prescribed manner grant to him:—


Question: What does clause (i) of Section 51 state?

Answer: in cases where the 2 court permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked


Context:
(ii) in cases where the 2 court permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed:
Provided that the Controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the Controller describing and claiming that part of the invention for which the patent is to be granted.
(3) No suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted.

Question: According to clause (ii) of Section 51, what is provided?

Answer: in cases where the 2 court permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed:


Question: According to Section 51, what shall in cases where the 2 court permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as be?

Answer: prescribed:


Question: What does the proviso in Section 51 say?

Answer: Provided that the Controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the Controller describing and claiming that part of the invention for which the patent is to be granted


Question: What is stated in subsection (3) of Section 51?

Answer: No suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted


Question: According to Section 51, what shall no suit be?

Answer: brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted


Section 53: Term of patent

Context:
(1) Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filing of the application for the patent.
Explanation.—For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty.
(2) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period 6or within such extended period as may be prescribed.
(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection. PATENTS OF ADDITION

Question: What does subsection (1) of Section 53 provide?

Answer: Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filing of the application for the patent


Section 53: Term of patent

Question: In Section 53, what is subject to the provisions of this act, the term of every patent granted, after the commencement of the patents (amendment) act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this act to be?

Answer: twenty years from the date of filing of the application for the patent


Section 53: Term of patent

Question: What is explained in Section 53?

Answer: Explanation.—For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty


Section 53: Term of patent

Question: Under Section 53, what shall —for the purposes of this sub-section, the term of patent in case of international applications filed under the patent cooperation treaty designating india be?

Answer: twenty years from the international filing date accorded under the Patent Cooperation Treaty


Section 53: Term of patent

Question: What is stated in subsection (2) of Section 53?

Answer: A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period 6or within such extended period as may be prescribed


Section 53: Term of patent

Question: According to Section 53, what shall a patent shall cease to have effect notwithstanding anything therein or in this act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period 6or within such extended period as be?

Answer: prescribed


Section 53: Term of patent

Question: What does subsection (4) of Section 53 provide?

Answer: Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection. PATENTS OF ADDITION


Section 54: Patents of addition

Context:
(1) Subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor (in this Act referred to as the "main invention") and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition.
(2) Subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention, the Controller may, if the patentee so requests, by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked.
(3) A patent shall not be granted as a patent of addition unless the date of filing of the 1application was the same as or later than the date of filing of the 1application in respect of the main invention.
(4) A patent of addition shall not be granted before grant of the patent for the main invention.

Question: What is stated in subsection (1) of Section 54?

Answer: Subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor (in this Act referred to as the "main invention") and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition


Section 54: Patents of addition

Question: According to subsection (2) of Section 54, what is provided?

Answer: Subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention, the Controller may, if the patentee so requests, by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked


Section 54: Patents of addition

Question: What does subsection (3) of Section 54 provide?

Answer: A patent shall not be granted as a patent of addition unless the date of filing of the 1application was the same as or later than the date of filing of the 1application in respect of the main invention


Section 54: Patents of addition

Question: What is stated in subsection (4) of Section 54?

Answer: A patent of addition shall not be granted before grant of the patent for the main invention


Section 55: Term of patents of addition

Context:
(1) A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer:
Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent accordingly.
(2) No renewal fees shall be payable in respect of a patent of addition, but, if any such patent becomes an independent patent under sub-section (1), the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent.

Question: According to subsection (1) of Section 55, what is provided?

Answer: A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer:


Section 55: Term of patents of addition

Question: Under Section 55, what shall a patent of addition be?

Answer: granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer:


Section 55: Term of patents of addition

Question: According to the proviso in Section 55, what is provided?

Answer: Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent accordingly


Section 55: Term of patents of addition

Question: According to subsection (2) of Section 55, what is provided?

Answer: No renewal fees shall be payable in respect of a patent of addition, but, if any such patent becomes an independent patent under sub-section (1), the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent


Section 55: Term of patents of addition

Question: Under Section 55, what shall no renewal fees be?

Answer: payable in respect of a patent of addition, but, if any such patent becomes an independent patent under sub-section (1), the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent


Section 56: Validity of patents of addition

Context:
(1) The grant of a patent of addition shall not be refused, and a patent granted as a patent of addition shall not be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to any publication or use of—
(a) the main invention described in the complete specification relating thereto; or
(b) any improvement in or modification of the main invention described in the complete specification of a patent of addition to the patent for the main invention or of an application for such a patent of addition, and the validity of a patent of addition shall not be questioned on the ground that the invention ought to have been the subject of an independent patent.
(2) For the removal of doubts it is hereby declared that in determining the novelty of the invention claimed in the complete specification filed in pursuance of an application for a patent of addition regard shall be had also to the complete specification in which the main invention is described. AMENDMENT OF APPLICATIONS AND SPECIFICATIONS

Question: What is stated in subsection (1) of Section 56?

Answer: The grant of a patent of addition shall not be refused, and a patent granted as a patent of addition shall not be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to any publication or use of—


Question: What is laid down in clause (a) of Section 56?

Answer: the main invention described in the complete specification relating thereto; or


Question: What does clause (b) of Section 56 state?

Answer: any improvement in or modification of the main invention described in the complete specification of a patent of addition to the patent for the main invention or of an application for such a patent of addition, and the validity of a patent of addition shall not be questioned on the ground that the invention ought to have been the subject of an independent patent


Question: What is stated in subsection (2) of Section 56?

Answer: For the removal of doubts it is hereby declared that in determining the novelty of the invention claimed in the complete specification filed in pursuance of an application for a patent of addition regard shall be had also to the complete specification in which the main invention is described. AMENDMENT OF APPLICATIONS AND SPECIFICATIONS


Question: According to Section 56, what shall for the removal of doubts it is hereby declared that in determining the novelty of the invention claimed in the complete specification filed in pursuance of an application for a patent of addition regard be?

Answer: had also to the complete specification in which the main invention is described


Section 57: Amendment of application and specification before Controller

Context:
(1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification 3or any document relating thereto to be amended subject to such conditions, if any, as the Controller thinks fit:
Provided that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification 3or any document relating thereto under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the application to amend.
(2) Every application for leave to amend an application for a patent 4or a complete specification or any document relating thereto under this section shall state the nature of the proposed amendment, and shall give full particulars of the reasons for which the application is made.
(3) Any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment may be published.

Question: What does subsection (1) of Section 57 provide?

Answer: Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification 3or any document relating thereto to be amended subject to such conditions, if any, as the Controller thinks fit:


Question: According to the proviso in Section 57, what is provided?

Answer: Provided that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification 3or any document relating thereto under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the application to amend


Question: According to subsection (2) of Section 57, what is provided?

Answer: Every application for leave to amend an application for a patent 4or a complete specification or any document relating thereto under this section shall state the nature of the proposed amendment, and shall give full particulars of the reasons for which the application is made


Question: Under Section 57, what shall every application for leave to amend an application for a patent 4or a complete specification or any document relating thereto under this section state?

Answer: the nature of the proposed amendment, and shall give full particulars of the reasons for which the application is made


Question: What is stated in subsection (3) of Section 57?

Answer: Any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment may be published


Question: According to Section 57, what shall any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment be?

Answer: published


Context:
(4) Where an application is 2published under sub-section (3), any person interested may, within the prescribed period after the 3publication thereof, give notice to the Controller of opposition thereto; and where such a notice is given within the period aforesaid, the Controller shall notify the person by whom the application under this section is made and shall give to that person and to the opponent an opportunity to be heard before he decides the case.
(5) An amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim.
(6) The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions of the Controller issued before the grant of a patent.

Question: What does subsection (4) of Section 57 provide?

Answer: Where an application is 2published under sub-section (3), any person interested may, within the prescribed period after the 3publication thereof, give notice to the Controller of opposition thereto; and where such a notice is given within the period aforesaid, the Controller shall notify the person by whom the application under this section is made and shall give to that person and to the opponent an opportunity to be heard before he decides the case


Question: What is stated in subsection (5) of Section 57?

Answer: An amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim


Question: According to subsection (6) of Section 57, what is provided?

Answer: The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions of the Controller issued before the grant of a patent


Question: Under Section 57, what shall the provisions of this section be?

Answer: without prejudice to the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions of the Controller issued before the grant of a patent


Section 59: Supplementary provisions as to amendment of application or specification

Context:
(1) No amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment.
(2) Where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the Controller or by the High Court, as the case may be,—
(a) the amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto;
(b) the fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible; and

Question: What does subsection (1) of Section 59 provide?

Answer: No amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment


Question: In Section 59, what is no amendment of an application for a patent or a complete specification or any document relating thereto to be?

Answer: made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment


Question: According to subsection (2) of Section 59, what is provided?

Answer: Where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the Controller or by the High Court, as the case may be,—


Question: What does clause (a) of Section 59 state?

Answer: the amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto


Question: According to clause (b) of Section 59, what is provided?

Answer: the fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible; and


Question: According to Section 59, what shall the fact that the specification or any other documents related thereto has been amended be?

Answer: published as expeditiously as possible


Context:
(c) the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud.
(3) In construing the specification as amended, reference may be made to the specification as originally accepted. RESTORATION OF LAPSED PATENTS

Question: What does clause (c) of Section 59 state?

Answer: the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud


Question: What is stated in subsection (3) of Section 59?

Answer: In construing the specification as amended, reference may be made to the specification as originally accepted. RESTORATION OF LAPSED PATENTS


Question: According to Section 59, what shall in construing the specification as amended, reference be?

Answer: made to the specification as originally accepted


Section 60: Applications for restoration of lapsed patents

Context:
(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1period prescribed under section 5 or within such period as may be allowed under sub-section (4) of section 142, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within 2eighteen months from the date on which the patent ceased to have effect, make an application for the restoration of the patent.
(3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.

Question: What does subsection (1) of Section 60 provide?

Answer: Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1period prescribed under section 5 or within such period as may be allowed under sub-section (4) of section 142, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within 2eighteen months from the date on which the patent ceased to have effect, make an application for the restoration of the patent


Question: In Section 60, what is where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1period prescribed under section 5 or within such period as to be?

Answer: allowed under sub-section (4) of section 142, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within 2eighteen months from the date on which the patent ceased to have effect, make an application for the restoration of the patent


Question: According to subsection (3) of Section 60, what is provided?

Answer: An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary


Question: Under Section 60, what shall an application under this section contain?

Answer: a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary


Section 61: Procedure for disposal of applications for restoration of lapsed patents

Context:
(1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, he shall 4publish the application in the prescribed manner; and within the prescribed period any person interested may give notice to the Controller of opposition thereto on either or both of the following grounds, that is to say,—
(a) that the failure to pay the renewal fee was not unintentional; or
(b) that there has been undue delay in the making of the application.
(2) If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

Question: What is stated in subsection (1) of Section 61?

Answer: If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, he shall 4publish the application in the prescribed manner; and within the prescribed period any person interested may give notice to the Controller of opposition thereto on either or both of the following grounds, that is to say,—


Question: What is laid down in clause (a) of Section 61?

Answer: that the failure to pay the renewal fee was not unintentional; or


Question: What does clause (b) of Section 61 state?

Answer: that there has been undue delay in the making of the application


Question: What is stated in subsection (2) of Section 61?

Answer: If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case


Context:
(3) If no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent.
(4) The Controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of this Act, has to be entered in the register but which has not been so entered.

Question: According to subsection (3) of Section 61, what is provided?

Answer: If no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent


Question: Under Section 61, what shall if no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the controller is in favour of the applicant, the controller shall, upon payment of any unpaid renewal fee and such additional fee as be?

Answer: prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent


Question: What is stated in subsection (4) of Section 61?

Answer: The Controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of this Act, has to be entered in the register but which has not been so entered


Question: According to Section 61, what shall the controller may, if he thinks fit as a condition of restoring the patent, require that an entry be?

Answer: made in the register of any document or matter which, under the provisions of this Act, has to be entered in the register but which has not been so entered


Section 62: Rights of patentees of lapsed patents which have been restored

Context:
(1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the 5publication of the application for restoration of the patent under this Chapter.
(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the 1date of publication of the application for restoration of the patent. SURRENDER AND REVOCATION OF PATENTS

Question: What does subsection (1) of Section 62 provide?

Answer: Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the 5publication of the application for restoration of the patent under this Chapter


Question: In Section 62, what is where a patent is restored, the rights of the patentee to be?

Answer: subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the 5publication of the application for restoration of the patent under this Chapter


Question: According to subsection (2) of Section 62, what is provided?

Answer: No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the 1date of publication of the application for restoration of the patent. SURRENDER AND REVOCATION OF PATENTS


Question: Under Section 62, what shall no suit or other proceeding be?

Answer: commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the 1date of publication of the application for restoration of the patent


Section 64: Revocation of Power patents

Context:
(1) Subject to the provisions contained in this Act, a patent whether granted before or after the commencement of this Act, may, 4be revoked on a petition of any person interested or of the Central Government or on a counter-claim in a suit for infringement of the patent by the High Court on any of the following grounds, that is to say—
(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India;
(b) that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefor:
(c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims;

Question: According to subsection (1) of Section 64, what is provided?

Answer: Subject to the provisions contained in this Act, a patent whether granted before or after the commencement of this Act, may, 4be revoked on a petition of any person interested or of the Central Government or on a counter-claim in a suit for infringement of the patent by the High Court on any of the following grounds, that is to say—


Section 64: Revocation of Power patents

Question: What does clause (a) of Section 64 state?

Answer: that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India


Section 64: Revocation of Power patents

Question: According to clause (b) of Section 64, what is provided?

Answer: that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefor:


Section 64: Revocation of Power patents

Question: What is laid down in clause (c) of Section 64?

Answer: that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims


Section 64: Revocation of Power patents

Context:
(d) that the subject of any claim of the complete specification is not an invention within the meaning of this Act;
(e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the priority date of the claim or to what was published in India or elsewhere in any of the documents referred to in section 13:
(f) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim:
(g) that the invention, so far as claimed in any claim of the complete specification, is not useful;

Question: What does clause (d) of Section 64 state?

Answer: that the subject of any claim of the complete specification is not an invention within the meaning of this Act


Section 64: Revocation of Power patents

Question: According to clause (e) of Section 64, what is provided?

Answer: that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the priority date of the claim or to what was published in India or elsewhere in any of the documents referred to in section 13:


Section 64: Revocation of Power patents

Question: What is laid down in clause (f) of Section 64?

Answer: that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim:


Section 64: Revocation of Power patents

Question: What does clause (g) of Section 64 state?

Answer: that the invention, so far as claimed in any claim of the complete specification, is not useful


Section 64: Revocation of Power patents

Context:
(h) that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in India possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim, protection;
(i) that the scope of any claim of the complete specification is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification;
(j) that the patent was obtained on a false suggestion or representation;
(k) that the subject of any claim of the complete specification is not patentable under this Act;

Question: According to clause (h) of Section 64, what is provided?

Answer: that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in India possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim, protection


Section 64: Revocation of Power patents

Question: What is laid down in clause (i) of Section 64?

Answer: that the scope of any claim of the complete specification is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification


Section 64: Revocation of Power patents

Question: What does clause (j) of Section 64 state?

Answer: that the patent was obtained on a false suggestion or representation


Section 64: Revocation of Power patents

Question: According to clause (k) of Section 64, what is provided?

Answer: that the subject of any claim of the complete specification is not patentable under this Act


Section 64: Revocation of Power patents

Context:
(l) that the invention so far as claimed in any claim of the complete specification was secretly used in India, otherwise than as mentioned in sub-section (3), before the priority date of the claim;
(m) that the applicant for the patent has failed to disclose to the Controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge;
(n) that the applicant contravened any direction for secrecy passed under section 35 1or made or caused to be made an application for the grant of a patent outside India in contravention of section 39;
(o) that leave to amend the complete specification under section 5 or section 58 was obtained by fraud;

Question: What is laid down in clause (l) of Section 64?

Answer: that the invention so far as claimed in any claim of the complete specification was secretly used in India, otherwise than as mentioned in sub-section (3), before the priority date of the claim


Section 64: Revocation of Power patents

Question: What does clause (m) of Section 64 state?

Answer: that the applicant for the patent has failed to disclose to the Controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge


Section 64: Revocation of Power patents

Question: According to clause (n) of Section 64, what is provided?

Answer: that the applicant contravened any direction for secrecy passed under section 35 1or made or caused to be made an application for the grant of a patent outside India in contravention of section 39


Section 64: Revocation of Power patents

Question: What is laid down in clause (o) of Section 64?

Answer: that leave to amend the complete specification under section 5 or section 58 was obtained by fraud


Section 64: Revocation of Power patents

Context:
(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention;
(q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.
(2) For the purposes of clauses (e) and (f) of sub-section (1),—
(a) no account shall be taken of 2personal document or secret trial or secret use; and

Question: What does clause (p) of Section 64 state?

Answer: that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention


Section 64: Revocation of Power patents

Question: According to clause (q) of Section 64, what is provided?

Answer: that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere


Section 64: Revocation of Power patents

Question: According to subsection (2) of Section 64, what is provided?

Answer: For the purposes of clauses (e) and (f) of sub-section (1),—


Section 64: Revocation of Power patents

Question: What does clause (a) of Section 64 state?

Answer: no account shall be taken of 2personal document or secret trial or secret use; and


Section 64: Revocation of Power patents

Question: In Section 64, what is no account to be?

Answer: taken of 2personal document or secret trial or secret use


Section 64: Revocation of Power patents

Context:
(b) where the patent is for a process or for a product as made by a process described or claimed the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only.
(3) For the purpose of clause (l) of sub-section (1), no account shall be taken of any use of the invention—
(a) for the purpose of reasonable trial or experiment only; or
(b) by the Government or by any person authorised by the Government or by a Government undertaking, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly to the Government or person authorised as aforesaid or to the Government undertaking; or

Question: What is laid down in clause (b) of Section 64?

Answer: where the patent is for a process or for a product as made by a process described or claimed the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only


Section 64: Revocation of Power patents

Question: What does subsection (3) of Section 64 provide?

Answer: For the purpose of clause (l) of sub-section (1), no account shall be taken of any use of the invention—


Section 64: Revocation of Power patents

Question: In Section 64, what is for the purpose of clause (l) of sub-section (1), no account to be?

Answer: taken of any use of the invention—


Section 64: Revocation of Power patents

Question: What is laid down in clause (a) of Section 64?

Answer: for the purpose of reasonable trial or experiment only; or


Section 64: Revocation of Power patents

Question: What does clause (b) of Section 64 state?

Answer: by the Government or by any person authorised by the Government or by a Government undertaking, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly to the Government or person authorised as aforesaid or to the Government undertaking; or


Section 64: Revocation of Power patents

Context:
(c) by any other person, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title.
(4) Without prejudice to the provisions contained in sub-section (1), a patent may be revoked by the High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Central Government to make, use or exercise the patented invention for the purposes of Government within the meaning of section 99 upon reasonable terms.

Question: According to clause (c) of Section 64, what is provided?

Answer: by any other person, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title


Section 64: Revocation of Power patents

Question: According to subsection (4) of Section 64, what is provided?

Answer: Without prejudice to the provisions contained in sub-section (1), a patent may be revoked by the High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Central Government to make, use or exercise the patented invention for the purposes of Government within the meaning of section 99 upon reasonable terms


Section 64: Revocation of Power patents

Question: Under Section 64, what shall without prejudice to the provisions contained in sub-section (1), a patent be?

Answer: revoked by the High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Central Government to make, use or exercise the patented invention for the purposes of Government within the meaning of section 99 upon reasonable terms


Section 64: Revocation of Power patents

Context:
(5) A notice of any petition for revocation of a patent under this section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein and it shall not be necessary to serve a notice on any other person. 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.—(1) Where at any time after grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under sub-section (1) of section 2 of the Atomic Energy Act, 1962 (3 of 1962), it may direct the Controller to revoke the patent, and thereupon the Controller, after giving notice, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may revoke the patent.
(2) In any proceedings under sub-section (1), the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent.

Question: What is stated in subsection (5) of Section 64?

Answer: A notice of any petition for revocation of a patent under this section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein and it shall not be necessary to serve a notice on any other person. 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.—(1) Where at any time after grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under sub-section (1) of section 2 of the Atomic Energy Act, 1962 (3 of 1962), it may direct the Controller to revoke the patent, and thereupon the Controller, after giving notice, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may revoke the patent


Section 64: Revocation of Power patents

Question: According to Section 64, what shall a notice of any petition for revocation of a patent under this section be?

Answer: served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein and it shall not be necessary to serve a notice on any other person


Section 64: Revocation of Power patents

Question: What does subsection (2) of Section 64 provide?

Answer: In any proceedings under sub-section (1), the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent


Section 67: Register of patents and particulars to be entered therein

Context:
(1) There shall be kept at the patent office a register of patents, wherein shall be entered—
(a) the names and addresses of grantees of patents;
(b) notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, an revocations of patents; and
(c) particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed.

Question: What does subsection (1) of Section 67 provide?

Answer: There shall be kept at the patent office a register of patents, wherein shall be entered—


Question: In Section 67, what is there to be?

Answer: kept at the patent office a register of patents, wherein shall be entered—


Question: What is laid down in clause (a) of Section 67?

Answer: the names and addresses of grantees of patents


Question: What does clause (b) of Section 67 state?

Answer: notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, an revocations of patents; and


Question: According to clause (c) of Section 67, what is provided?

Answer: particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed


Question: According to Section 67, what shall particulars of such other matters affecting the validity or proprietorship of patents as be?

Answer: prescribed


Context:
(2) No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice.
(3) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller.
(4) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.
(5) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any officer duly authorised by the Controller in this behalf shall, in all legal proceedings, be admissible in evidence.

Question: What does subsection (2) of Section 67 provide?

Answer: No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice


Question: In Section 67, what is no notice of any trust, whether express, implied or constructive to be?

Answer: entered in the register, and the Controller shall not be affected by any such notice


Question: According to subsection (3) of Section 67, what is provided?

Answer: Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller


Question: Under Section 67, what shall subject to the superintendence and direction of the central government, the register be?

Answer: kept under the control and management of the Controller


Question: What is stated in subsection (4) of Section 67?

Answer: Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed


Question: According to Section 67, what shall notwithstanding anything contained in sub-section (1), it be?

Answer: lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed


Question: What does subsection (5) of Section 67 provide?

Answer: Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any officer duly authorised by the Controller in this behalf shall, in all legal proceedings, be admissible in evidence


Context:
(6) In the event the register is kept wholly or partly in computer floppies, diskettes or any other electronic form,—
(a) reference in this Act to an entry in the register shall be deemed to include reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register;
(b) references in this Act to particulars being registered or entered in the register shall be deemed to include references to the keeping of record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form; and
(c) references in this Act to the rectification of the register are to be read as including references to the rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register.

Question: What is stated in subsection (6) of Section 67?

Answer: In the event the register is kept wholly or partly in computer floppies, diskettes or any other electronic form,—


Question: What is laid down in clause (a) of Section 67?

Answer: reference in this Act to an entry in the register shall be deemed to include reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register


Question: Under Section 67, what shall reference in this act to an entry in the register be?

Answer: deemed to include reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register


Question: According to clause (b) of Section 67, what is provided?

Answer: references in this Act to particulars being registered or entered in the register shall be deemed to include references to the keeping of record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form; and


Question: According to Section 67, what shall references in this act to particulars being registered or entered in the register be?

Answer: deemed to include references to the keeping of record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form


Question: What does clause (c) of Section 67 state?

Answer: references in this Act to the rectification of the register are to be read as including references to the rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register


Section 68: Assignments, etc., not to be valid unless in writing and duly executed

Context: An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed.

Question: What does Section 68 provide?

Answer: An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed


Question: What is stated in subsection (1) of Section 68?

Answer: An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed


Section 69: Registration of assignments, transmissions, etc

Context:
(1) Where any person becomes entitled by assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a mortgagee, licensee or otherwise to any other interest in a patent, he shall apply in writing in the prescribed manner to the Controller for the registration of his title or, as the case may be, of notice of his interest in the register.
(2) Without prejudice to the provisions of sub-section (1), an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be.
(3) Where an application is made under this section for the registration of the title of any person the Controller shall, upon proof of title to his satisfaction,—
(a) where that person is entitled to a patent or a share in a patent, register him in the register as proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument or event by which he derives title; or

Question: According to subsection (1) of Section 69, what is provided?

Answer: Where any person becomes entitled by assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a mortgagee, licensee or otherwise to any other interest in a patent, he shall apply in writing in the prescribed manner to the Controller for the registration of his title or, as the case may be, of notice of his interest in the register


Question: What does subsection (2) of Section 69 provide?

Answer: Without prejudice to the provisions of sub-section (1), an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be


Question: In Section 69, what is without prejudice to the provisions of sub-section (1), an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent to be?

Answer: made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be


Question: According to subsection (3) of Section 69, what is provided?

Answer: Where an application is made under this section for the registration of the title of any person the Controller shall, upon proof of title to his satisfaction,—


Question: What does clause (a) of Section 69 state?

Answer: where that person is entitled to a patent or a share in a patent, register him in the register as proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument or event by which he derives title; or


Context:
(b) where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with particulars of the instrument, if any, creating it:
Provided that if there is any dispute between the parties whether the assignment, mortgage, licence, transmission, operation of law or any other such transaction has validly vested in such person a title to the patent or any share or interest therein, the Controller may refuse to take any action under clause (a) or, as the case may be, under clause (b), until the rights of the parties have been determined by a competent court.
(4) There shall be supplied to the Controller in the prescribed manner for being filed in the patent office copies of all agreements, licences and other documents affecting the title to any patent or any licence thereunder authenticated in the prescribed manner and also such other documents as may be prescribed relevant to the subject-matter:
Provided that in the case of a licence granted under a patent, the Controller shall, if so requested by the patentee or licensee, take steps for securing that the terms of the licence are not disclosed to any person except under the order of a court.

Question: According to clause (b) of Section 69, what is provided?

Answer: where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with particulars of the instrument, if any, creating it:


Question: What is stated in the proviso to Section 69?

Answer: Provided that if there is any dispute between the parties whether the assignment, mortgage, licence, transmission, operation of law or any other such transaction has validly vested in such person a title to the patent or any share or interest therein, the Controller may refuse to take any action under clause (a) or, as the case may be, under clause (b), until the rights of the parties have been determined by a competent court


Question: What does subsection (4) of Section 69 provide?

Answer: There shall be supplied to the Controller in the prescribed manner for being filed in the patent office copies of all agreements, licences and other documents affecting the title to any patent or any licence thereunder authenticated in the prescribed manner and also such other documents as may be prescribed relevant to the subject-matter:


Question: In Section 69, what is there to be?

Answer: supplied to the Controller in the prescribed manner for being filed in the patent office copies of all agreements, licences and other documents affecting the title to any patent or any licence thereunder authenticated in the prescribed manner and also such other documents as may be prescribed relevant to the subject-matter:


Question: What is stated in the proviso to Section 69?

Answer: Provided that in the case of a licence granted under a patent, the Controller shall, if so requested by the patentee or licensee, take steps for securing that the terms of the licence are not disclosed to any person except under the order of a court


Context: (5) Except for the purposes of an application under sub-section (1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted by the Controller or by any court as evidence of the title of any person to a patent or to a share or interest therein unless the Controller or the court, for reasons to be recorded in writing, otherwise directs.

Question: What does subsection (5) of Section 69 provide?

Answer: Except for the purposes of an application under sub-section (1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted by the Controller or by any court as evidence of the title of any person to a patent or to a share or interest therein unless the Controller or the court, for reasons to be recorded in writing, otherwise directs


Section 70: Power of registered grantee or proprietor to deal with patent

Context:
Subject to the provisions contained in this Act relating to co-ownership of patents and subject also to any rights vested in any other person of which notice is entered in the register, the person or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, licence or dealing:
Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property.

Question: What is stated in subsection (1) of Section 70?

Answer: Subject to the provisions contained in this Act relating to co-ownership of patents and subject also to any rights vested in any other person of which notice is entered in the register, the person or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, licence or dealing:


Question: What is stated in the proviso to Section 70?

Answer: Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property