Context:
(3) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification shall be treated, for the purposes of this Act, as a provisional specification and proceed with the application accordingly.
(4) Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time before 3grant of patent, cancel the provisional specification and post-date the application to the date of filing of the complete specification.

Question: What does subsection (3) of Section 9 provide?

Answer: Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification shall be treated, for the purposes of this Act, as a provisional specification and proceed with the application accordingly


Section 9: Provisional and complete specifications

Question: In Section 9, what is where an application for a patent (not being a convention application or an application filed under the patent cooperation treaty designating india) is accompanied by a specification purporting to be a complete specification, the controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification to be?

Answer: treated, for the purposes of this Act, as a provisional specification and proceed with the application accordingly


Question: According to subsection (4) of Section 9, what is provided?

Answer: Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time before 3grant of patent, cancel the provisional specification and post-date the application to the date of filing of the complete specification


Section 11: Priority dates of claims of a complete specification

Context:
(1) There shall be a priority date for each claim of a complete specification.
(2) Where a complete specification is filed in pursuance of a single application accompanied by—
(a) a provisional specification; or
(b) a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of the filing of the relevant specification.

Question: What does subsection (1) of Section 11 provide?

Answer: There shall be a priority date for each claim of a complete specification


Question: In Section 11, what is there to be?

Answer: a priority date for each claim of a complete specification


Question: According to subsection (2) of Section 11, what is provided?

Answer: Where a complete specification is filed in pursuance of a single application accompanied by—


Question: What does clause (a) of Section 11 state?

Answer: a provisional specification; or


Question: According to clause (b) of Section 11, what is provided?

Answer: a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of the filing of the relevant specification


Question: According to Section 11, what shall a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim be?

Answer: the date of the filing of the relevant specification


Context:
(3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed—
(a) in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification;
(b) partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date.
(3A) Where a complete specification based on a previously filed application in India has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed.

Question: What does subsection (3) of Section 11 provide?

Answer: Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed—


Question: According to clause (a) of Section 11, what is provided?

Answer: in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification


Question: According to Section 11, what shall in one of those specifications, the priority date of that claim be?

Answer: the date of the filing of the application accompanied by that specification


Question: What does clause (b) of Section 11 state?

Answer: partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date


Question: In Section 11, what is partly in one and partly in another, the priority date of that claim to be?

Answer: the date of the filing of the application accompanied by the specification of the later date


Question: According to subsection (3A) of Section 11, what is provided?

Answer: Where a complete specification based on a previously filed application in India has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed


Question: Under Section 11, what shall where a complete specification based on a previously filed application in india has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim be?

Answer: the date of the previously filed application in which the matter was first disclosed


Context:
(4) Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 1 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed.
(5) Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.
(6) In any case to which sub-sections (2), (3), (3A), (4) and (5) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification.
(7) The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 1 or, as the case may be, ante-dating under section 16, be a reference to the date as so post-dated or ante-dated.

Question: What is stated in subsection (4) of Section 11?

Answer: Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 1 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed


Question: According to Section 11, what shall where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 1 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim be?

Answer: the date of the filing of that specification in which the matter was first disclosed


Question: What does subsection (5) of Section 11 provide?

Answer: Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates


Question: In Section 11, what is where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim to be?

Answer: the earlier or earliest of those dates


Question: According to subsection (6) of Section 11, what is provided?

Answer: In any case to which sub-sections (2), (3), (3A), (4) and (5) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification


Question: What does subsection (7) of Section 11 provide?

Answer: The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 1 or, as the case may be, ante-dating under section 16, be a reference to the date as so post-dated or ante-dated


Context:
(8) A claim in a complete specification of a patent shall not be invalid by reason only of—
(a) the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or
(b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date. PUBLICATION AND EXAMINATION OF APPLICATIONS

Question: What is stated in subsection (8) of Section 11?

Answer: A claim in a complete specification of a patent shall not be invalid by reason only of—


Question: What is laid down in clause (a) of Section 11?

Answer: the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or


Question: What does clause (b) of Section 11 state?

Answer: the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date. PUBLICATION AND EXAMINATION OF APPLICATIONS


Section 11A: Publication of applications

Context:
(1) Save as otherwise provided, no application for patent shall ordinarily be opened to the public for such period as may be prescribed.
(2) The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible.
(3) Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application—
(a) in which secrecy direction is imposed under section 35; or

Question: What is stated in subsection (1) of Section 11A?

Answer: Save as otherwise provided, no application for patent shall ordinarily be opened to the public for such period as may be prescribed


Question: According to Section 11A, what shall save as otherwise provided, no application for patent shall ordinarily be opened to the public for such period as be?

Answer: prescribed


Question: What does subsection (2) of Section 11A provide?

Answer: The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible


Question: What is stated in subsection (3) of Section 11A?

Answer: Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application—


Question: What is laid down in clause (a) of Section 11A?

Answer: in which secrecy direction is imposed under section 35; or


Context:
(b) has been abandoned under sub-section (1) of section 9; or
(c) has been withdrawn three months prior to the period specified under sub-section (1).
(4) In case a secrecy direction has been given in respect of an application under section 35, then, it shall be published after the expiry of the period 1prescribed under sub-section (1) or when the secrecy direction has ceased to operate, whichever is later.
(5) The publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract.

Question: What does clause (b) of Section 11A state?

Answer: has been abandoned under sub-section (1) of section 9; or


Question: According to clause (c) of Section 11A, what is provided?

Answer: has been withdrawn three months prior to the period specified under sub-section (1)


Question: According to subsection (4) of Section 11A, what is provided?

Answer: In case a secrecy direction has been given in respect of an application under section 35, then, it shall be published after the expiry of the period 1prescribed under sub-section (1) or when the secrecy direction has ceased to operate, whichever is later


Question: Under Section 11A, what shall in case a secrecy direction has been given in respect of an application under section 35, then, it be?

Answer: published after the expiry of the period 1prescribed under sub-section (1) or when the secrecy direction has ceased to operate, whichever is later


Question: What is stated in subsection (5) of Section 11A?

Answer: The publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract


Question: According to Section 11A, what shall the publication of every application under this section contain?

Answer: the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract


Context:
(6) Upon publication of an application for a patent under this section—
(a) the depository institution shall make the biological material mentioned in the specification available to the public;
(b) the patent office may, on payment of such fee as may be prescribed, make the specification and drawings, if any, of such application available to the public.
(7) On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application:

Question: What does subsection (6) of Section 11A provide?

Answer: Upon publication of an application for a patent under this section—


Question: According to clause (a) of Section 11A, what is provided?

Answer: the depository institution shall make the biological material mentioned in the specification available to the public


Question: What is laid down in clause (b) of Section 11A?

Answer: the patent office may, on payment of such fee as may be prescribed, make the specification and drawings, if any, of such application available to the public


Question: Under Section 11A, what shall the patent office may, on payment of such fee as be?

Answer: prescribed, make the specification and drawings, if any, of such application available to the public


Question: What is stated in subsection (7) of Section 11A?

Answer: On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application:


Context:
Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted:
Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent:
Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of January, 2 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises.

Question: What is stated in the proviso to Section 11A?

Answer: Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted:


Question: What does the proviso in Section 11A say?

Answer: Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent:


Question: According to the proviso in Section 11A, what is provided?

Answer: Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of January, 2 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises


Question: According to Section 11A, what shall after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of january, 2 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings be?

Answer: instituted against such enterprises


Section 11B: Request for examination

Context:
(1) No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period.
(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.
(4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) or sub-section (3), the application shall be treated as withdrawn by the applicant:
Provided that—

Question: What does subsection (1) of Section 11B provide?

Answer: No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period


Section 11B: Request for examination

Question: In Section 11B, what is no application for a patent to be?

Answer: examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period


Section 11B: Request for examination

Question: According to subsection (3) of Section 11B, what is provided?

Answer: In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person


Section 11B: Request for examination

Question: Under Section 11B, what shall in case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of january, 2005 a request for its examination be?

Answer: made in the prescribed manner and within the prescribed period by the applicant or any other interested person


Section 11B: Request for examination

Question: What is stated in subsection (4) of Section 11B?

Answer: In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) or sub-section (3), the application shall be treated as withdrawn by the applicant:


Section 11B: Request for examination

Question: According to Section 11B, what shall in case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1) or sub-section (3), the application be?

Answer: treated as withdrawn by the applicant:


Section 11B: Request for examination

Question: What does the proviso in Section 11B say?

Answer: Provided that—


Section 11B: Request for examination

Context:
(i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and
(ii) in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.

Question: According to clause (i) of Section 11B, what is provided?

Answer: the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and


Section 11B: Request for examination

Question: What is laid down in clause (ii) of Section 11B?

Answer: in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction


Section 11B: Request for examination

Question: Under Section 11B, what shall in a case where secrecy direction has been issued under section 35, the request for examination be?

Answer: made within the prescribed period from the date of revocation of the secrecy direction


Section 13: Search for anticipation by previous publication and by prior claim

Context:
(1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification—
(a) has been anticipated by publication before the date of filing of the applicant's complete specification in any specification filed in pursuance of an application for a patent made in India and dated on or after the 1st day of January, 1912;
(b) is claimed in any claim of any other complete specification published on or after the date of filing of the applicant's complete specification, being a specification filed in pursuance of an application for a patent made in India and dated before or claiming the priority date earlier than that date.
(2) The examiner shall, in addition, make such investigation for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in India or elsewhere in any document other than those mentioned in sub-section (1) before the date of filing of the applicant's complete specification.

Question: What is stated in subsection (1) of Section 13?

Answer: The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification—


Question: What is laid down in clause (a) of Section 13?

Answer: has been anticipated by publication before the date of filing of the applicant's complete specification in any specification filed in pursuance of an application for a patent made in India and dated on or after the 1st day of January, 1912


Question: What does clause (b) of Section 13 state?

Answer: is claimed in any claim of any other complete specification published on or after the date of filing of the applicant's complete specification, being a specification filed in pursuance of an application for a patent made in India and dated before or claiming the priority date earlier than that date


Question: What is stated in subsection (2) of Section 13?

Answer: The examiner shall, in addition, make such investigation for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in India or elsewhere in any document other than those mentioned in sub-section (1) before the date of filing of the applicant's complete specification


Context:
(3) Where a complete specification is amended under the provisions of this Act before 6the grant of a patent, the amended specification shall be examined and investigated in like manner as the original specification.
(4) The examination and investigations required under section 1 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon.

Question: According to subsection (3) of Section 13, what is provided?

Answer: Where a complete specification is amended under the provisions of this Act before 6the grant of a patent, the amended specification shall be examined and investigated in like manner as the original specification


Question: Under Section 13, what shall where a complete specification is amended under the provisions of this act before 6the grant of a patent, the amended specification be?

Answer: examined and investigated in like manner as the original specification


Question: What is stated in subsection (4) of Section 13?

Answer: The examination and investigations required under section 1 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon


Question: According to Section 13, what shall the examination and investigations required under section 1 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability be?

Answer: incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon


Section 16: Power of Controller to make orders respecting division of application

Context:
(1) A person who has made an application for a patent under this Act may, at any time 1before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application.
(2) The further application under sub-section (1) shall be accompanied by a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application.
(3) The Controller may require such amendment of the complete specification filed in pursuance of either the original or the further application as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in the other.

Question: What is stated in subsection (1) of Section 16?

Answer: A person who has made an application for a patent under this Act may, at any time 1before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application


Question: According to subsection (2) of Section 16, what is provided?

Answer: The further application under sub-section (1) shall be accompanied by a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application


Question: Under Section 16, what shall accompany the further application under sub-section (1)?

Answer: a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application


Question: What is stated in subsection (3) of Section 16?

Answer: The Controller may require such amendment of the complete specification filed in pursuance of either the original or the further application as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in the other


Question: According to Section 16, what shall the controller may require such amendment of the complete specification filed in pursuance of either the original or the further application as may be necessary to ensure that neither of the said complete specifications be?

Answer: a claim for any matter claimed in the other


Context: Explanation.— For the purposes of this Act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period.

Question: What does Section 16 provide?

Answer: Explanation.— For the purposes of this Act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period


Question: What does the explanation in Section 16 state?

Answer: Explanation.— For the purposes of this Act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period


Question: In Section 16, what is — for the purposes of this act, the further application and the complete specification accompanying it to be?

Answer: deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period


Section 17: Power of Controller to make orders respecting dating of application

Context:
(1) Subject to the provisions of section 9, at any time after the filing of an application and 3before the grant of the patent under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specified in the request, and proceed with the application accordingly:
Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made.
(2) Where an application or specification (including drawings) or any other documents is required to be amended under section 15, the application or specification or other document shall, if the Controller so directs, be deemed to have been made on the date on which the requirement is complied with or where the application or specification or other document is returned to the applicant, on the date on which it is refiled after complying with the requirement.

Question: According to subsection (1) of Section 17, what is provided?

Answer: Subject to the provisions of section 9, at any time after the filing of an application and 3before the grant of the patent under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specified in the request, and proceed with the application accordingly:


Question: Under Section 17, what shall subject to the provisions of section 9, at any time after the filing of an application and 3before the grant of the patent under this act, the controller may, at the request of the applicant made in the prescribed manner, direct that the application be?

Answer: post-dated to such date as may be specified in the request, and proceed with the application accordingly:


Question: According to the proviso in Section 17, what is provided?

Answer: Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made


Question: According to Section 17, what shall no application be?

Answer: post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made


Question: What does subsection (2) of Section 17 provide?

Answer: Where an application or specification (including drawings) or any other documents is required to be amended under section 15, the application or specification or other document shall, if the Controller so directs, be deemed to have been made on the date on which the requirement is complied with or where the application or specification or other document is returned to the applicant, on the date on which it is refiled after complying with the requirement


Section 18: Powers of Controller in cases of anticipation

Context:
(1) Where it appears to the Controller that the invention so far as claimed in any claim of the complete specification has been anticipated in the manner referred to in clause (a) of sub-section (1) or sub-section (2) of section 13, he may refuse to 5the application unless the applicant—
(a) shows to the satisfaction of the Controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or
(b) amends his complete specification to the satisfaction of the Controller.
(2) If it appears to the Controller that the invention is claimed in a claim of any other complete specification referred to in clause (b) of sub-section (1) of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the applicant's complete specification unless within such time as may be prescribed,—

Question: What is stated in subsection (1) of Section 18?

Answer: Where it appears to the Controller that the invention so far as claimed in any claim of the complete specification has been anticipated in the manner referred to in clause (a) of sub-section (1) or sub-section (2) of section 13, he may refuse to 5the application unless the applicant—


Question: What is laid down in clause (a) of Section 18?

Answer: shows to the satisfaction of the Controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or


Question: What does clause (b) of Section 18 state?

Answer: amends his complete specification to the satisfaction of the Controller


Question: What is stated in subsection (2) of Section 18?

Answer: If it appears to the Controller that the invention is claimed in a claim of any other complete specification referred to in clause (b) of sub-section (1) of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the applicant's complete specification unless within such time as may be prescribed,—


Question: According to Section 18, what shall if it appears to the controller that the invention is claimed in a claim of any other complete specification referred to in clause (b) of sub-section (1) of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification be?

Answer: inserted by way of notice to the public in the applicant's complete specification unless within such time as may be prescribed,—


Context:
(a) the applicant shows to the satisfaction of the Controller that the priority date of his claim is not later than the priority date of the claim of the said other specification; or
(b) the complete specification is amended to the satisfaction of the Controller.
(3) If it appears to the Controller, as a result of an investigation under section 1 or otherwise,—
(a) that the invention so far as claimed in any claim of the applicant's complete specification has been claimed in any other complete specification referred to in clause (a) of sub-section (1) of section 13; and

Question: What does clause (a) of Section 18 state?

Answer: the applicant shows to the satisfaction of the Controller that the priority date of his claim is not later than the priority date of the claim of the said other specification; or


Question: According to clause (b) of Section 18, what is provided?

Answer: the complete specification is amended to the satisfaction of the Controller


Question: According to subsection (3) of Section 18, what is provided?

Answer: If it appears to the Controller, as a result of an investigation under section 1 or otherwise,—


Question: What does clause (a) of Section 18 state?

Answer: that the invention so far as claimed in any claim of the applicant's complete specification has been claimed in any other complete specification referred to in clause (a) of sub-section (1) of section 13; and


Context: (b) that such other complete specification was published on or after the priority date of the applicant's claim, then, unless it is shown to the satisfaction of the Controller that the priority date of the applicant's claim is not later than the priority date of the claim of that specification, the provisions of sub-section (2) shall apply thereto in the same manner as they apply to a specification published on or after the date of filing of the applicant's complete specification.

Question: According to clause (b) of Section 18, what is provided?

Answer: that such other complete specification was published on or after the priority date of the applicant's claim, then, unless it is shown to the satisfaction of the Controller that the priority date of the applicant's claim is not later than the priority date of the claim of that specification, the provisions of sub-section (2) shall apply thereto in the same manner as they apply to a specification published on or after the date of filing of the applicant's complete specification


Section 19: Powers of Controller in case of potential infringement

Context:
(1) If, in consequence of the investigations required 2under this Act, it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent shall be inserted in the applicant's complete specification by way of notice to the public, unless within such time as may be prescribed—
(a) the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or
(b) the complete specification is amended to the satisfaction of the Controller.
(2) Where, after a reference to another patent has been inserted in a complete specification in pursuance of a direction under sub-section (1)—

Question: According to subsection (1) of Section 19, what is provided?

Answer: If, in consequence of the investigations required 2under this Act, it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent shall be inserted in the applicant's complete specification by way of notice to the public, unless within such time as may be prescribed—


Question: Under Section 19, what shall if, in consequence of the investigations required 2under this act, it appears to the controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent be?

Answer: inserted in the applicant's complete specification by way of notice to the public, unless within such time as may be prescribed—


Question: According to clause (a) of Section 19, what is provided?

Answer: the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or


Question: What is laid down in clause (b) of Section 19?

Answer: the complete specification is amended to the satisfaction of the Controller


Question: What does subsection (2) of Section 19 provide?

Answer: Where, after a reference to another patent has been inserted in a complete specification in pursuance of a direction under sub-section (1)—


Context:
(a) that other patent is revoked or otherwise ceases to be in force; or
(b) the specification of that other patent is amended by the deletion of the relevant claim; or
(c) it is found, in proceedings before the court or the Controller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant's invention, the Controller may, on the application of the applicant, delete the reference to that other patent.

Question: According to clause (a) of Section 19, what is provided?

Answer: that other patent is revoked or otherwise ceases to be in force; or


Question: What is laid down in clause (b) of Section 19?

Answer: the specification of that other patent is amended by the deletion of the relevant claim; or


Question: What does clause (c) of Section 19 state?

Answer: it is found, in proceedings before the court or the Controller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant's invention, the Controller may, on the application of the applicant, delete the reference to that other patent


Section 25: Opposition to the patent

Context:
(1) Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the ground—
(a) that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims;
(b) that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim—
(i) in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or

Question: According to subsection (1) of Section 25, what is provided?

Answer: Where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent on the ground—


Section 25: Opposition to the patent

Question: What does clause (a) of Section 25 state?

Answer: that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims


Section 25: Opposition to the patent

Question: According to clause (b) of Section 25, what is provided?

Answer: that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim—


Section 25: Opposition to the patent

Question: What is laid down in clause (i) of Section 25?

Answer: in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or


Section 25: Opposition to the patent

Context:
(ii) in India or elsewhere, in any other document:
Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29;
(c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the applicant's claim;
(d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim.

Question: What does clause (ii) of Section 25 state?

Answer: in India or elsewhere, in any other document:


Section 25: Opposition to the patent

Question: According to the proviso in Section 25, what is provided?

Answer: Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29


Section 25: Opposition to the patent

Question: What is laid down in clause (c) of Section 25?

Answer: that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the applicant's claim


Section 25: Opposition to the patent

Question: What does clause (d) of Section 25 state?

Answer: that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim


Section 25: Opposition to the patent

Context:
Explanation.—For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only;
(e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the applicant's claim;
(f) that the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act;
(g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed;

Question: According to the explanation in Section 25, what is provided?

Answer: Explanation.—For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only


Section 25: Opposition to the patent

Question: According to Section 25, what shall —for the purposes of this clause, an invention relating to a process for which a patent is claimed be?

Answer: deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only


Section 25: Opposition to the patent

Question: What does clause (e) of Section 25 state?

Answer: that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the applicant's claim


Section 25: Opposition to the patent

Question: According to clause (f) of Section 25, what is provided?

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


Section 25: Opposition to the patent

Question: What is laid down in clause (g) of Section 25?

Answer: that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed


Section 25: Opposition to the patent

Context:
(h) that the applicant has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge;
(i) that in the case of a convention application, the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title; 1. Chapter IVA omitted by Act 1 of 2005, s. 21 (w.e.f. 1-1-2005).
(j) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention;
(k) that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground and the Controller shall, if requested by such person for being heard, hear him and dispose of such representation in such manner and within such period as may be prescribed.

Question: What does clause (h) of Section 25 state?

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


Section 25: Opposition to the patent

Question: According to clause (i) of Section 25, what is provided?

Answer: that in the case of a convention application, the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title; 1. Chapter IVA omitted by Act 1 of 2005, s. 21 (w.e.f. 1-1-2005)


Section 25: Opposition to the patent

Question: What is laid down in clause (j) of Section 25?

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


Section 25: Opposition to the patent

Question: What does clause (k) of Section 25 state?

Answer: that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground and the Controller shall, if requested by such person for being heard, hear him and dispose of such representation in such manner and within such period as may be prescribed


Section 25: Opposition to the patent

Question: In Section 25, what is the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in india or elsewhere, but on no other ground and the controller shall, if requested by such person for being heard, hear him and dispose of such representation in such manner and within such period as to be?

Answer: prescribed


Section 25: Opposition to the patent

Context:
(2) At any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give notice of opposition to the Controller in the prescribed manner on any of the following grounds, namely:—
(a) that the patentee or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims;
(b) that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim—
(i) in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or

Question: According to subsection (2) of Section 25, what is provided?

Answer: At any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give notice of opposition to the Controller in the prescribed manner on any of the following grounds, namely:—


Section 25: Opposition to the patent

Question: What does clause (a) of Section 25 state?

Answer: that the patentee or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims


Section 25: Opposition to the patent

Question: According to clause (b) of Section 25, what is provided?

Answer: that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim—


Section 25: Opposition to the patent

Question: What is laid down in clause (i) of Section 25?

Answer: in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or


Section 25: Opposition to the patent

Context:
(ii) in India or elsewhere, in any other document:
Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29;
(c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the claim of the patentee;
(d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim.

Question: What does clause (ii) of Section 25 state?

Answer: in India or elsewhere, in any other document:


Section 25: Opposition to the patent

Question: According to the proviso in Section 25, what is provided?

Answer: Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29


Section 25: Opposition to the patent

Question: What is laid down in clause (c) of Section 25?

Answer: that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the claim of the patentee


Section 25: Opposition to the patent

Question: What does clause (d) of Section 25 state?

Answer: that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim


Section 25: Opposition to the patent

Context:
Explanation.—For the purposes of this clause, an invention relating to a process for which a patent is granted shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only;
(e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the claim;
(f) that the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act;
(g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed;

Question: According to the explanation in Section 25, what is provided?

Answer: Explanation.—For the purposes of this clause, an invention relating to a process for which a patent is granted shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only


Section 25: Opposition to the patent

Question: According to Section 25, what shall —for the purposes of this clause, an invention relating to a process for which a patent is granted be?

Answer: deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only


Section 25: Opposition to the patent

Question: What does clause (e) of Section 25 state?

Answer: that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the claim


Section 25: Opposition to the patent

Question: According to clause (f) of Section 25, what is provided?

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


Section 25: Opposition to the patent

Question: What is laid down in clause (g) of Section 25?

Answer: that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed


Section 25: Opposition to the patent

Context:
(h) that the patentee has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge;
(i) that in the case of a patent granted on convention application, the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in India by the patentee or a person from whom he derives title;
(j) that the complete specification does not disclose or wrongly mentions the source and geographical origin of biological material used for the invention;
(k) 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, but on no other ground.

Question: What does clause (h) of Section 25 state?

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


Section 25: Opposition to the patent

Question: According to clause (i) of Section 25, what is provided?

Answer: that in the case of a patent granted on convention application, the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in India by the patentee or a person from whom he derives title


Section 25: Opposition to the patent

Question: What is laid down in clause (j) of Section 25?

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


Section 25: Opposition to the patent

Question: What does clause (k) of Section 25 state?

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, but on no other ground


Section 25: Opposition to the patent

Context:
(3) (a) Where any such notice of opposition is duly given under sub-section (2), the Controller shall notify the patentee.
(b) On receipt of such notice of opposition, the Controller shall, by order in writing, constitute a Board to be known as the Opposition Board consisting of such officers as he may determine and refer such notice of opposition along with the documents to that Board for examination and submission of its recommendations to the Controller.
(c) Every Opposition Board constituted under clause (b) shall conduct the examination in accordance with such procedure as may be prescribed.
(4) On receipt of the recommendation of the Opposition Board and after giving the patentee and the opponent an opportunity of being heard, the Controller shall order either to maintain or to amend or to revoke the patent.

Question: What is stated in subsection (3) of Section 25?

Answer: (a) Where any such notice of opposition is duly given under sub-section (2), the Controller shall notify the patentee


Section 25: Opposition to the patent

Question: What is laid down in clause (b) of Section 25?

Answer: On receipt of such notice of opposition, the Controller shall, by order in writing, constitute a Board to be known as the Opposition Board consisting of such officers as he may determine and refer such notice of opposition along with the documents to that Board for examination and submission of its recommendations to the Controller


Section 25: Opposition to the patent

Question: What does clause (c) of Section 25 state?

Answer: Every Opposition Board constituted under clause (b) shall conduct the examination in accordance with such procedure as may be prescribed


Section 25: Opposition to the patent

Question: In Section 25, what is every opposition board constituted under clause (b) shall conduct the examination in accordance with such procedure as to be?

Answer: prescribed


Section 25: Opposition to the patent

Question: According to subsection (4) of Section 25, what is provided?

Answer: On receipt of the recommendation of the Opposition Board and after giving the patentee and the opponent an opportunity of being heard, the Controller shall order either to maintain or to amend or to revoke the patent


Section 25: Opposition to the patent

Context:
(5) While passing an order under sub-section (4) in respect of the ground mentioned in clause (d) or clause (e) of sub-section (2), the Controller shall not take into account any personal document or secret trial or secret use.
(6) In case the Controller issues an order under sub-section (4) that the patent shall be maintained subject to amendment of the specification or any other document, the patent shall stand amended accordingly. 26. In cases of "obtaining" Controller may treat the patent as the patent of opponent.—(1) Where in any opposition proceeding under this Act the Controller finds that—
(a) the invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section (2) of section 2 and revokes the patent on that ground, he may, on request by such opponent made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent;
(b) a part of an invention described in the complete specification was so obtained from the opponent, he may pass an order requiring that the specification be amended by the exclusion of that part of the invention.

Question: What does subsection (5) of Section 25 provide?

Answer: While passing an order under sub-section (4) in respect of the ground mentioned in clause (d) or clause (e) of sub-section (2), the Controller shall not take into account any personal document or secret trial or secret use


Section 25: Opposition to the patent

Question: What is stated in subsection (6) of Section 25?

Answer: In case the Controller issues an order under sub-section (4) that the patent shall be maintained subject to amendment of the specification or any other document, the patent shall stand amended accordingly. 26. In cases of "obtaining" Controller may treat the patent as the patent of opponent.—(1) Where in any opposition proceeding under this Act the Controller finds that—


Section 25: Opposition to the patent

Question: According to Section 25, what shall in case the controller issues an order under sub-section (4) that the patent be?

Answer: maintained subject to amendment of the specification or any other document, the patent shall stand amended accordingly


Section 25: Opposition to the patent

Question: What does clause (a) of Section 25 state?

Answer: the invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section (2) of section 2 and revokes the patent on that ground, he may, on request by such opponent made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent


Section 25: Opposition to the patent

Question: According to clause (b) of Section 25, what is provided?

Answer: a part of an invention described in the complete specification was so obtained from the opponent, he may pass an order requiring that the specification be amended by the exclusion of that part of the invention


Section 25: Opposition to the patent

Context: (2) Where an opponent has, before the date of the order of the Controller requiring the amendment of a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the Controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the patentee in the earlier application but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this Act.

Question: According to subsection (2) of Section 25, what is provided?

Answer: Where an opponent has, before the date of the order of the Controller requiring the amendment of a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the Controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the patentee in the earlier application but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this Act


Section 25: Opposition to the patent

Question: Under Section 25, what shall where an opponent has, before the date of the order of the controller requiring the amendment of a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the patentee in the earlier application but for all other purposes the application of the opponent be?

Answer: proceeded with as an application for a patent under this Act


Section 28: Mention of inventor as such in patent

Context:
(1) If the Controller is satisfied, upon a request or claim made in accordance with the provisions of this section,—
(a) that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which application for a patent has been made, or of a substantial part of that invention; and
(b) that the application for the patent is a direct consequence of his being the inventor, the Controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the register of Patents:
Provided that the mention of any person as inventor under this section shall not confer or derogate from any rights under the patent.

Question: What is stated in subsection (1) of Section 28?

Answer: If the Controller is satisfied, upon a request or claim made in accordance with the provisions of this section,—


Question: What is laid down in clause (a) of Section 28?

Answer: that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which application for a patent has been made, or of a substantial part of that invention; and


Question: What does clause (b) of Section 28 state?

Answer: that the application for the patent is a direct consequence of his being the inventor, the Controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the register of Patents:


Question: According to the proviso in Section 28, what is provided?

Answer: Provided that the mention of any person as inventor under this section shall not confer or derogate from any rights under the patent


Context:
(2) A request that any person shall be mentioned as aforesaid may be made in the prescribed manner by the applicant for the patent or (where the person alleged to be the inventor is not the applicant or one of the applicants) by the applicant and that person.
(3) If any person other than a person in respect of whom a request in relation to the application in question has been made under sub-section (2) desires to be mentioned as aforesaid, he may make a claim in the prescribed manner in that behalf.
(4) A request or claim under the foregoing provisions of this section shall be made before the grant of patent.
(6) 3Where a claim is made under sub-section (3), the Controller shall give notice of the claim to every applicant for the patent (not being the claimant) and to any other person whom the Controller may consider to be interested; and before deciding upon any request or claim made under sub-section (2) or sub-section (3), the Controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, in the case of a claim under sub-section (3), any person to whom notice of the claim has been given as aforesaid.

Question: According to subsection (2) of Section 28, what is provided?

Answer: A request that any person shall be mentioned as aforesaid may be made in the prescribed manner by the applicant for the patent or (where the person alleged to be the inventor is not the applicant or one of the applicants) by the applicant and that person


Question: Under Section 28, what shall a request that any person be?

Answer: mentioned as aforesaid may be made in the prescribed manner by the applicant for the patent or (where the person alleged to be the inventor is not the applicant or one of the applicants) by the applicant and that person


Question: What is stated in subsection (3) of Section 28?

Answer: If any person other than a person in respect of whom a request in relation to the application in question has been made under sub-section (2) desires to be mentioned as aforesaid, he may make a claim in the prescribed manner in that behalf


Question: According to subsection (4) of Section 28, what is provided?

Answer: A request or claim under the foregoing provisions of this section shall be made before the grant of patent


Question: Under Section 28, what shall a request or claim under the foregoing provisions of this section be?

Answer: made before the grant of patent


Question: What is stated in subsection (6) of Section 28?

Answer: 3Where a claim is made under sub-section (3), the Controller shall give notice of the claim to every applicant for the patent (not being the claimant) and to any other person whom the Controller may consider to be interested; and before deciding upon any request or claim made under sub-section (2) or sub-section (3), the Controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, in the case of a claim under sub-section (3), any person to whom notice of the claim has been given as aforesaid


Context: (7) Where any person has been mentioned as inventor in pursuance of this section any other person who alleges that he ought not to have been so mentioned may at any time apply to the Controller for a certificate to that effect, and the Controller may, after hearing, if required, any person whom he may consider to be interested, issue such a certificate, and if he does so, he shall rectify the specification and the register accordingly. ANTICIPATION

Question: According to subsection (7) of Section 28, what is provided?

Answer: Where any person has been mentioned as inventor in pursuance of this section any other person who alleges that he ought not to have been so mentioned may at any time apply to the Controller for a certificate to that effect, and the Controller may, after hearing, if required, any person whom he may consider to be interested, issue such a certificate, and if he does so, he shall rectify the specification and the register accordingly. ANTICIPATION


Section 30: Anticipation by previous communication to Government

Context: An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the Government or to any person authorised by the Government to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of the investigation.

Question: What does Section 30 provide?

Answer: An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the Government or to any person authorised by the Government to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of the investigation


Question: What does subsection (1) of Section 30 provide?

Answer: An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the Government or to any person authorised by the Government to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of the investigation


Section 31: Anticipation by public display, etc

Context:
An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of—
(a) the display of the invention with the consent of the true and first inventor or a person deriving title from him at an industrial or other exhibition to which the provisions of this section have been extended by the Central Government by notification in the Official Gazette, or the use thereof with his consent for the purpose of such an exhibition in the place where it is held; or
(b) the publication of any description of the invention in consequence of the display or use of the invention at any such exhibition as aforesaid; or
(c) the use of the invention, after it has been displayed or used at any such exhibition as aforesaid and during the period of the exhibition, by any person without the consent of the true and first inventor or a person deriving title from him; or

Question: What is stated in subsection (1) of Section 31?

Answer: An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of—


Question: What is laid down in clause (a) of Section 31?

Answer: the display of the invention with the consent of the true and first inventor or a person deriving title from him at an industrial or other exhibition to which the provisions of this section have been extended by the Central Government by notification in the Official Gazette, or the use thereof with his consent for the purpose of such an exhibition in the place where it is held; or


Question: What does clause (b) of Section 31 state?

Answer: the publication of any description of the invention in consequence of the display or use of the invention at any such exhibition as aforesaid; or


Question: According to clause (c) of Section 31, what is provided?

Answer: the use of the invention, after it has been displayed or used at any such exhibition as aforesaid and during the period of the exhibition, by any person without the consent of the true and first inventor or a person deriving title from him; or


Context: (d) the description of the invention in a paper read by the true and first inventor before a learned society or published with his consent in the transactions of such a society, if the application for the patent is made by the true and first inventor or a person deriving title from him not later than twelve months after the opening of the exhibition or the reading or publication of the paper, as the case may be.

Question: What is laid down in clause (d) of Section 31?

Answer: the description of the invention in a paper read by the true and first inventor before a learned society or published with his consent in the transactions of such a society, if the application for the patent is made by the true and first inventor or a person deriving title from him not later than twelve months after the opening of the exhibition or the reading or publication of the paper, as the case may be


Section 32: Anticipation by public working

Context:
An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that at any time within one year before the priority date of the relevant claim of the specification, the invention was publicly worked in India—
(a) by the patentee or applicant for the patent or any person from whom he derives title; or
(b) by any other person with the consent of the patentee or applicant for the patent or any person from whom he derives title, if the working was effected for the purpose of reasonable trial only and if it was reasonably necessary, having regard to the nature of the invention, that the working for that purpose should be effected in public.

Question: What does subsection (1) of Section 32 provide?

Answer: An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that at any time within one year before the priority date of the relevant claim of the specification, the invention was publicly worked in India—


Question: According to clause (a) of Section 32, what is provided?

Answer: by the patentee or applicant for the patent or any person from whom he derives title; or


Question: What is laid down in clause (b) of Section 32?

Answer: by any other person with the consent of the patentee or applicant for the patent or any person from whom he derives title, if the working was effected for the purpose of reasonable trial only and if it was reasonably necessary, having regard to the nature of the invention, that the working for that purpose should be effected in public


Section 33: Anticipation by use and publication after provisional specification

Context: (1) Where a complete specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a complete specification filed along with an application is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter described in the provisional specification or in the specification treated as aforesaid as a provisional specification was used in India or published in India or elsewhere at any time after the date of the filing of that specification.

Question: What does subsection (1) of Section 33 provide?

Answer: Where a complete specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a complete specification filed along with an application is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter described in the provisional specification or in the specification treated as aforesaid as a provisional specification was used in India or published in India or elsewhere at any time after the date of the filing of that specification


Context: (2) Where a complete specification is filed in pursuance of a convention application, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter disclosed in any application for protection in a convention country upon which the convention application is founded was used in India or published in India or elsewhere at any time after the date of that application for protection. 34. No anticipation if circumstances are only as described in sections 29, 30, 3 and 32.—Notwithstanding anything contained in this Act, the Controller shall not refuse to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 2 or section 3 or section 3 or section 32, do not constitute an anticipation of the invention claimed in the specification. PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS

Question: What is stated in subsection (2) of Section 33?

Answer: Where a complete specification is filed in pursuance of a convention application, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter disclosed in any application for protection in a convention country upon which the convention application is founded was used in India or published in India or elsewhere at any time after the date of that application for protection. 34. No anticipation if circumstances are only as described in sections 29, 30, 3 and 32.—Notwithstanding anything contained in this Act, the Controller shall not refuse to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 2 or section 3 or section 3 or section 32, do not constitute an anticipation of the invention claimed in the specification. PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS


Section 35: Secrecy directions relating to inventions relevant for defence purposes

Context:
(1) Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information .
(2) Where the Controller gives any such directions as are referred to in sub-section (1), he shall give notice of the application and of the directions to the Central Government, and the Central Government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the defence of India, and if upon such consideration, it appears to it that the publication of the invention would not so prejudice, give notice to the Controller to that effect, who shall thereupon revoke the directions and notify the applicant accordingly.

Question: According to subsection (1) of Section 35, what is provided?

Answer: Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information


Question: What does subsection (2) of Section 35 provide?

Answer: Where the Controller gives any such directions as are referred to in sub-section (1), he shall give notice of the application and of the directions to the Central Government, and the Central Government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the defence of India, and if upon such consideration, it appears to it that the publication of the invention would not so prejudice, give notice to the Controller to that effect, who shall thereupon revoke the directions and notify the applicant accordingly


Context: (3) Without prejudice to the provisions contained in sub-section (1), where the Central Government is of opinion that an invention in respect of which the Controller has not given any directions under sub-section (1), is relevant for defence purposes, it may at any time before 3grant of patent notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention were one of the class notified by the Central Government, and accordingly the Controller shall give notice to the Central Government of the directions issued by him.

Question: What is stated in subsection (3) of Section 35?

Answer: Without prejudice to the provisions contained in sub-section (1), where the Central Government is of opinion that an invention in respect of which the Controller has not given any directions under sub-section (1), is relevant for defence purposes, it may at any time before 3grant of patent notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention were one of the class notified by the Central Government, and accordingly the Controller shall give notice to the Central Government of the directions issued by him


Section 36: Secrecy directions to be periodically reviewed

Context:
(1) The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be re-considered by the Central Government at intervals of 5six months or on a request made by the applicant which is found to be reasonable by the Controller and if, on such re-consideration it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India or in case of an application filed by a foreign applicant it is found that the invention is published outside India it shall forthwith give notice to the Controller to revoke the direction and the Controller shall thereupon revoke the directions previously given by him.
(2) The result of every re-consideration under sub-section (1), shall be communicated to the applicant within such time and in such manner as may be prescribed.

Question: According to subsection (1) of Section 36, what is provided?

Answer: The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be re-considered by the Central Government at intervals of 5six months or on a request made by the applicant which is found to be reasonable by the Controller and if, on such re-consideration it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India or in case of an application filed by a foreign applicant it is found that the invention is published outside India it shall forthwith give notice to the Controller to revoke the direction and the Controller shall thereupon revoke the directions previously given by him


Question: Under Section 36, what shall the question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes be?

Answer: re-considered by the Central Government at intervals of 5six months or on a request made by the applicant which is found to be reasonable by the Controller and if, on such re-consideration it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India or in case of an application filed by a foreign applicant it is found that the invention is published outside India it shall forthwith give notice to the Controller to revoke the direction and the Controller shall thereupon revoke the directions previously given by him


Question: What is stated in subsection (2) of Section 36?

Answer: The result of every re-consideration under sub-section (1), shall be communicated to the applicant within such time and in such manner as may be prescribed


Question: According to Section 36, what shall the result of every re-consideration under sub-section (1) be?

Answer: communicated to the applicant within such time and in such manner as may be prescribed


Section 37: Consequences of secrecy directions

Context:
(1) So long as any directions under section 35 are in force in respect of an application—
(a) the Controller shall not pass an order refusing 6to grant the same; and
(b) notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect thereof:
Provided that the application may, subject to the directions, proceed up to the stage of grant of the patent, but the application and the specification found to be in order for grant of the patent shall not be published, and no patent shall be granted in pursuance of that application.

Question: What does subsection (1) of Section 37 provide?

Answer: So long as any directions under section 35 are in force in respect of an application—


Question: According to clause (a) of Section 37, what is provided?

Answer: the Controller shall not pass an order refusing 6to grant the same; and


Question: What is laid down in clause (b) of Section 37?

Answer: notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect thereof:


Question: What does the proviso in Section 37 say?

Answer: Provided that the application may, subject to the directions, proceed up to the stage of grant of the patent, but the application and the specification found to be in order for grant of the patent shall not be published, and no patent shall be granted in pursuance of that application


Question: In Section 37, what is the application may, subject to the directions, proceed up to the stage of grant of the patent, but the application and the specification found to be in order for grant of the patent shall not be published, and no patent to be?

Answer: granted in pursuance of that application


Context:
(2) Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 2is found to be in order for grant of the patent during the continuance in force of the directions, then—
(a) if, during the continuance in force of the directions, any use of the invention is made by or on behalf of, or to the order of the Government, the provisions of sections 100, 1 and 103 shall apply in relation to that use as if the patent had been granted for the invention ; and
(b) if it appears to the Central Government that the applicant for the patent has suffered hardship by reason of the continuance in force of the directions, the Central Government may make to him such payment (if any) by way of solatium as appears to the Central Government to be reasonable having regard to the novelty and utility of the invention and the purpose for which it is designed, and to any other relevant circumstances.
(3) Where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force.

Question: According to subsection (2) of Section 37, what is provided?

Answer: Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 2is found to be in order for grant of the patent during the continuance in force of the directions, then—


Question: What does clause (a) of Section 37 state?

Answer: if, during the continuance in force of the directions, any use of the invention is made by or on behalf of, or to the order of the Government, the provisions of sections 100, 1 and 103 shall apply in relation to that use as if the patent had been granted for the invention ; and


Question: According to clause (b) of Section 37, what is provided?

Answer: if it appears to the Central Government that the applicant for the patent has suffered hardship by reason of the continuance in force of the directions, the Central Government may make to him such payment (if any) by way of solatium as appears to the Central Government to be reasonable having regard to the novelty and utility of the invention and the purpose for which it is designed, and to any other relevant circumstances


Question: According to subsection (3) of Section 37, what is provided?

Answer: Where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force


Question: Under Section 37, what shall where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee be?

Answer: payable in respect of any period during which those directions were in force