Section 5: When work deemed to be first published i n India.

Context: For the purposes of this Act, a work published in India shall be deemed to be first published in India, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work; and a work shall be deemed to be published simultaneously in India and in another country if the time between the publication in India and the publication in such other country does not exceed thirty days or such other period as the Central Government may, in relation to any specified country, determine.

Question: What does Section 5 provide regarding when work deemed to be first published i n india?

Answer: For the purposes of this Act, a work published in India shall be deemed to be first published in India, notwithstanding that it has been published simultaneously in some other country, unless such other country provides a shorter term of copyright for such work; and a work shall be deemed to be published simultaneously in India and in another country if the time between the publication in India and the publication in such other country does not exceed thirty days or such other period as the Central Government may, in relation to any specified country, determine.


Section 12: Powers and procedure of Appellate Board.

Context: (1) The Appellate Board shall, subject to any rules that may be made under this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings: Provided that the Appellate Board shall ordinarily hear any proceeding instituted before it under this Act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain. Explanation.—In this sub -section “zone” means a zone specified in section 15 of the States Reorganisation Act, 1956 (37 of 1956). (2) The Appellate Board may exercise and discharge its powers and functions through Benches constituted by the Chairman of the Appellate Board from amongst its members: Provided that, if the Chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members. (5) No member of the Appellate Board shall take part in any proceedings before the Board in respect of any matter in which he has a personal interest. (6) No act done or proceeding taken by the Appellate Board under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board. (7) The Appellate Board shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974) and all proceedings before the Board sha ll be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).

Question: What does sub-section (1) of Section 12 provide?

Answer: The Appellate Board shall, subject to any rules that may be made under this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings: Provided that the Appellate Board shall ordinarily hear any proceeding instituted before it under this Act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain. Explanation.—In this sub -section “zone” means a zone specified in section 15 of the States Reorganisation Act, 1956 (37 of 1956).


Question: Under Section 12, what is stated in sub-section (2)?

Answer: The Appellate Board may exercise and discharge its powers and functions through Benches constituted by the Chairman of the Appellate Board from amongst its members: Provided that, if the Chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members.


Question: What does Section 12(5) say?

Answer: No member of the Appellate Board shall take part in any proceedings before the Board in respect of any matter in which he has a personal interest.


Question: What does sub-section (6) of Section 12 provide?

Answer: No act done or proceeding taken by the Appellate Board under this Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.


Question: Under Section 12, what is stated in sub-section (7)?

Answer: The Appellate Board shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974) and all proceedings before the Board sha ll be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).


Section 28: Term of copyright Government work s.

Context: In the case of Government work, where Government is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.

Question: What does Section 28 provide regarding term of copyright government work s?

Answer: In the case of Government work, where Government is the first owner of the copyright therein, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.


Section 29: Term of copyright in works of international organisations.

Context: In the case of a work of an international organisation to which the provisions of section 41 apply, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.

Question: What does Section 29 provide regarding term of copyright in works of international organisations?

Answer: In the case of a work of an international organisation to which the provisions of section 41 apply, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published.


Section 41: Provisions as to works of certain international organisations.

Context: (1) Where— (a) any work is made or first published by or under the direction or control of any organisation to which this section applies, and (b) there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be, of the first publication thereof, and (c) either— (i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or (ii) under section 17 any copyright in the work would belong to the organisation; there shall, by virtue of this section, be copyright in the work throughout India. (2) Any organisation to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright. (3) The organisations to which this section applies are such organisations as the Central Government may, by order published in the Official Gazette, declare to be organisations of which one or more sovereign powers or the Government or Governments thereof are m embers to which it is expedient that this section shall apply.

Question: What does sub-section (1) of Section 41 provide?

Answer: Where— (a) any work is made or first published by or under the direction or control of any organisation to which this section applies, and (b) there would, apart from this section, be no copyright in the work in India at the time of the making or, as the case may be, of the first publication thereof, and (c) either— (i) the work is published as aforesaid in pursuance of an agreement in that behalf with the author, being an agreement which does not reserve to the author the copyright, if any, in the work, or (ii) under section 17 any copyright in the work would belong to the organisation; there shall, by virtue of this section, be copyright in the work throughout India.


Question: Under Section 41, what is stated in sub-section (2)?

Answer: Any organisation to which this section applies which at the material time had not the legal capacity of a body corporate shall have and be deemed at all material times to have had the legal capacity of a body corporate for the purpose of holding, dealing with, and enforcing copyright and in connection with all legal proceedings relating to copyright.


Question: What does Section 41(3) say?

Answer: The organisations to which this section applies are such organisations as the Central Government may, by order published in the Official Gazette, declare to be organisations of which one or more sovereign powers or the Government or Governments thereof are m embers to which it is expedient that this section shall apply.


Section 50: Rectification of Register by Appellate Board.

Context: The Appellate Board, on application of the Registrar of Copyrights or of any person aggrieved, shall order th e rectification of the Register of Copyrights by— (a) the making of any entry wrongly omitted to be made in the register, or (b) the expunging of any entry wrongly made in, or remaining on, the register, or (c) the correction of any error or defect in the register.

Question: What does clause (a) of Section 50 provide?

Answer: the making of any entry wrongly omitted to be made in the register, or


Question: Under Section 50, what is stated in clause (b)?

Answer: the expunging of any entry wrongly made in, or remaining on, the register, or


Question: What does Section 50 say in clause (c)?

Answer: the correction of any error or defect in the register.


Section 58: Rights of owner against persons possessing or dealing with infringing copies.

Context: All infringing copies of any work in which copyright subsists, and all pla tes used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of possession thereof or in re spect of the conversion thereof: Provided that the owner of the copyright shall not be entitled to any remedy in respect of the conversion of any infringing copies, if the opponent proves— (a) that he was not aware and had no reasonable ground to believe that copyright subsisted in t he work of which such copies are alleged to be infringing copies; or (b) that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.

Question: What does clause (a) of Section 58 provide?

Answer: that he was not aware and had no reasonable ground to believe that copyright subsisted in t he work of which such copies are alleged to be infringing copies; or


Question: Under Section 58, what is stated in clause (b)?

Answer: that he had reasonable grounds for believing that such copies or plates do not involve infringement of the copyright in any work.


Section 60: Remedy in the case of groundless threat of legal proceedings.

Context: Where any person claiming to be the owner of copyright in any work, by circulars, ad vertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of an alleged infringement of the copyright any person aggrieved thereby may, notwithstanding anything contained in section 34 of the Specific Relie f Act, 1963 (47 of 1963), institute a declaratory suit that the alleged infringe ment to which the threats related was not in fact an infringement of any legal rights of the person making such threats and may in any such suit— (a) obtain an injunction against the continuance of such threats; and (b) recover such damages, if any, as he has sustained by reason of such threats: Provided that this section does not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him.

Question: What does clause (a) of Section 60 provide?

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


Question: Under Section 60, what is stated in clause (b)?

Answer: recover such damages, if any, as he has sustained by reason of such threats: Provided that this section does not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of the copyright claimed by him.


Section 68A: Penalty for contravention of section 52A.

Context: Any person who publishes a sound recording or a video film in contraventio n of the provisions of section 52 A shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.

Question: What does Section 68A provide regarding penalty for contravention of section 52a?

Answer: Any person who publishes a sound recording or a video film in contraventio n of the provisions of section 52 A shall be punishable with imprisonment which may extend to three years and shall also be liable to fine.


Section 77: Certain persons to be public servants.

Context: Every officer appointed under this Act and every member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Question: What does Section 77 provide regarding certain persons to be public servants?

Answer: Every officer appointed under this Act and every member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).


Section 10: Contents of specifications

Context:
(1) Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.
(2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.
(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished 4before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification.
(4) Every complete specification shall—

Question: What does subsection (1) of Section 10 provide?

Answer: Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates


Section 10: Contents of specifications

Question: What is stated in subsection (2) of Section 10?

Answer: Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly


Section 10: Contents of specifications

Question: According to Section 10, what shall subject to any rules that may be made in this behalf under this act, drawings may, and shall, if the controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the controller otherwise directs, be deemed to form part of the specification, and references in this act to a specification be?

Answer: construed accordingly


Section 10: Contents of specifications

Question: What does subsection (3) of Section 10 provide?

Answer: If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished 4before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification


Section 10: Contents of specifications

Question: In Section 10, what is if, in any particular case, the controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require to be?

Answer: furnished 4before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification


Section 10: Contents of specifications

Question: According to subsection (4) of Section 10, what is provided?

Answer: Every complete specification shall—


Section 10: Contents of specifications

Context:
(a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed;
(b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and
(c) end with a claim or claims defining the scope of the invention for which protection is claimed.
(d) be accompanied by an abstract to provide technical information on the invention:

Question: What does clause (a) of Section 10 state?

Answer: fully and particularly describe the invention and its operation or use and the method by which it is to be performed


Section 10: Contents of specifications

Question: According to clause (b) of Section 10, what is provided?

Answer: disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and


Section 10: Contents of specifications

Question: What is laid down in clause (c) of Section 10?

Answer: end with a claim or claims defining the scope of the invention for which protection is claimed


Section 10: Contents of specifications

Question: What does clause (d) of Section 10 state?

Answer: be accompanied by an abstract to provide technical information on the invention:


Section 10: Contents of specifications

Context:
Provided that—
(i) the Controller may amend the abstract for providing better information to third parties; and
(ii) if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses (a) and (b), and if such material is not available to the public, the application shall be completed by depositing 1the material to an international depository authority under the Budapest Treaty and by fulfilling the following conditions, namely:— (A) the deposit of the material shall be made not later than the date of filing the patent application in India and a reference thereof shall be made in the specification within the prescribed period; (B) all the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution; (C) access to the material is available in the depository institution only after the date of the application for patent in India or if priority is claimed after the date of the priority; (D) disclose the source and geographical origin of the biological material in the specification, when used in an invention.

Question: According to the proviso in Section 10, what is provided?

Answer: Provided that—


Section 10: Contents of specifications

Question: What is laid down in clause (i) of Section 10?

Answer: the Controller may amend the abstract for providing better information to third parties; and


Section 10: Contents of specifications

Question: What does clause (ii) of Section 10 state?

Answer: if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses (a) and (b), and if such material is not available to the public, the application shall be completed by depositing 1the material to an international depository authority under the Budapest Treaty and by fulfilling the following conditions, namely:— (A) the deposit of the material shall be made not later than the date of filing the patent application in India and a reference thereof shall be made in the specification within the prescribed period; (B) all the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution; (C) access to the material is available in the depository institution only after the date of the application for patent in India or if priority is claimed after the date of the priority; (D) disclose the source and geographical origin of the biological material in the specification, when used in an invention


Section 10: Contents of specifications

Question: In Section 10, what is if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses (a) and (b), and if such material is not available to the public, the application to be?

Answer: completed by depositing 1the material to an international depository authority under the Budapest Treaty and by fulfilling the following conditions, namely:— (A) the deposit of the material shall be made not later than the date of filing the patent application in India and a reference thereof shall be made in the specification within the prescribed period


Section 10: Contents of specifications

Context:
(4A) In case of an international application designating India, the title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of this Act.
(5) The claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.
(6) A declaration as to the inventorship of the invention shall, in such cases as may be prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification.
(7) Subject to the foregoing provisions of this section, a complete specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention which was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent.

Question: According to subsection (4A) of Section 10, what is provided?

Answer: In case of an international application designating India, the title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of this Act


Section 10: Contents of specifications

Question: Under Section 10, what shall in case of an international application designating india, the title, description, drawings, abstract and claims filed with the application be?

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


Section 10: Contents of specifications

Question: What is stated in subsection (5) of Section 10?

Answer: The claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification


Section 10: Contents of specifications

Question: According to Section 10, what shall the claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept be?

Answer: clear and succinct and shall be fairly based on the matter disclosed in the specification


Section 10: Contents of specifications

Question: What does subsection (6) of Section 10 provide?

Answer: A declaration as to the inventorship of the invention shall, in such cases as may be prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification


Section 10: Contents of specifications

Question: In Section 10, what is a declaration as to the inventorship of the invention shall, in such cases as to be?

Answer: prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification


Section 10: Contents of specifications

Question: According to subsection (7) of Section 10, what is provided?

Answer: Subject to the foregoing provisions of this section, a complete specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention which was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent


Section 12: Examination of application

Context:
(1) When a request for examination has been made in respect of an application for a patent in the prescribed manner 2under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller to an examiner for making a report to him in respect of the following matters, namely:—
(a) whether the application and the 3specification and other documents relating thereto are in accordance with the requirements of this Act and of any rules made thereunder;
(b) whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;
(c) the result of investigations made under section 13; and

Question: What is stated in subsection (1) of Section 12?

Answer: When a request for examination has been made in respect of an application for a patent in the prescribed manner 2under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller to an examiner for making a report to him in respect of the following matters, namely:—


Section 12: Examination of application

Question: According to Section 12, what shall when a request for examination has been made in respect of an application for a patent in the prescribed manner 2under sub-section (1) or sub-section (3) of section 11b, the application and specification and other documents related thereto be?

Answer: referred at the earliest by the Controller to an examiner for making a report to him in respect of the following matters, namely:—


Section 12: Examination of application

Question: What does clause (a) of Section 12 state?

Answer: whether the application and the 3specification and other documents relating thereto are in accordance with the requirements of this Act and of any rules made thereunder


Section 12: Examination of application

Question: According to clause (b) of Section 12, what is provided?

Answer: whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application


Section 12: Examination of application

Question: What is laid down in clause (c) of Section 12?

Answer: the result of investigations made under section 13; and


Section 12: Examination of application

Context:
(d) any other matter which may be prescribed.
(2) The examiner to whom the application and the 3specification and other documents relating thereto are referred under sub-section (1) shall ordinarily make the report to the Controller within 4such period as may be prescribed.

Question: What does clause (d) of Section 12 state?

Answer: any other matter which may be prescribed


Section 12: Examination of application

Question: In Section 12, what is any other matter which to be?

Answer: prescribed


Section 12: Examination of application

Question: According to subsection (2) of Section 12, what is provided?

Answer: The examiner to whom the application and the 3specification and other documents relating thereto are referred under sub-section (1) shall ordinarily make the report to the Controller within 4such period as may be prescribed


Section 12: Examination of application

Question: Under Section 12, what shall the examiner to whom the application and the 3specification and other documents relating thereto are referred under sub-section (1) shall ordinarily make the report to the controller within 4such period as be?

Answer: prescribed


Section 14: Consideration of report of examiner by Controller

Context: Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard.

Question: What does subsection (1) of Section 14 provide?

Answer: Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard


Section 20: Powers of Controller to make orders regarding substitution of applicants, etc

Context:
(1) If the Controller is satisfied, on a claim made in the prescribed manner at any time before a patent has been granted, that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for the patent or by operation of law, the claimant would, if the patent were then granted be entitled thereto or to the interest of the applicant therein, or to an undivided share of the patent or of that interest, the Controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly as the case may require.
(2) No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for a patent except with the consent of the other joint applicant or applicants.
(3) No such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of an invention unless—
(a) the invention is identified therein by reference to the number of the application for the patent; or

Question: What is stated in subsection (1) of Section 20?

Answer: If the Controller is satisfied, on a claim made in the prescribed manner at any time before a patent has been granted, that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for the patent or by operation of law, the claimant would, if the patent were then granted be entitled thereto or to the interest of the applicant therein, or to an undivided share of the patent or of that interest, the Controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly as the case may require


Question: According to subsection (2) of Section 20, what is provided?

Answer: No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for a patent except with the consent of the other joint applicant or applicants


Question: Under Section 20, what shall no such direction as aforesaid be?

Answer: given by virtue of any assignment or agreement made by one of two or more joint applicants for a patent except with the consent of the other joint applicant or applicants


Question: What is stated in subsection (3) of Section 20?

Answer: No such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of an invention unless—


Question: According to Section 20, what shall no such direction as aforesaid be?

Answer: given by virtue of any assignment or agreement for the assignment of the benefit of an invention unless—


Question: What does clause (a) of Section 20 state?

Answer: the invention is identified therein by reference to the number of the application for the patent; or


Context:
(b) there is produced to the Controller an acknowledgment by the person by whom the assignment or agreement was made that the assignment or agreement relates to the invention in respect of which that application is made; or
(c) the rights of the claimant in respect of the invention have been finally established by the decision of a court; or
(d) the Controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5).
(4) Where one of two or more joint applicants for a patent dies at any time before the patent has been granted, the Controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone.

Question: According to clause (b) of Section 20, what is provided?

Answer: there is produced to the Controller an acknowledgment by the person by whom the assignment or agreement was made that the assignment or agreement relates to the invention in respect of which that application is made; or


Question: What is laid down in clause (c) of Section 20?

Answer: the rights of the claimant in respect of the invention have been finally established by the decision of a court; or


Question: What does clause (d) of Section 20 state?

Answer: the Controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5)


Question: What is stated in subsection (4) of Section 20?

Answer: Where one of two or more joint applicants for a patent dies at any time before the patent has been granted, the Controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone


Context: (5) If any dispute arises between joint applicants for a patent whether or in what manner the application should be proceeded with, the Controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require.

Question: According to subsection (5) of Section 20, what is provided?

Answer: If any dispute arises between joint applicants for a patent whether or in what manner the application should be proceeded with, the Controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require


Section 21: Time for putting application in order for grant

Context:
(1) An application for a patent shall be deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application from the date on which the first statement of objections to the application or complete specification or other documents related thereto is forwarded to the applicant by the Controller.
Explanation.—Where the application for a patent or any specification or, in the case of a convention application or an application filed under the Patent Cooperation Treaty designating India any document filed as part of the application has been returned to the applicant by the Controller in the course of the proceedings, the applicant shall not be deemed to have complied with such requirements unless and until he has re-filed it or the applicant proves to the satisfaction of the Controller that for the reasons beyond his control such document could not be re-filed.
(2) If at the expiration of the period as prescribed under sub-section (1),—
(a) an appeal to the High Court is pending in respect of the application for the patent for the main invention; or

Question: What does subsection (1) of Section 21 provide?

Answer: An application for a patent shall be deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application from the date on which the first statement of objections to the application or complete specification or other documents related thereto is forwarded to the applicant by the Controller


Question: In Section 21, what is an application for a patent to be?

Answer: deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application from the date on which the first statement of objections to the application or complete specification or other documents related thereto is forwarded to the applicant by the Controller


Question: What is explained in Section 21?

Answer: Explanation.—Where the application for a patent or any specification or, in the case of a convention application or an application filed under the Patent Cooperation Treaty designating India any document filed as part of the application has been returned to the applicant by the Controller in the course of the proceedings, the applicant shall not be deemed to have complied with such requirements unless and until he has re-filed it or the applicant proves to the satisfaction of the Controller that for the reasons beyond his control such document could not be re-filed


Question: What does subsection (2) of Section 21 provide?

Answer: If at the expiration of the period as prescribed under sub-section (1),—


Question: According to clause (a) of Section 21, what is provided?

Answer: an appeal to the High Court is pending in respect of the application for the patent for the main invention; or


Context:
(b) in the case of an application for a patent of addition, an appeal to the High Court is pending in respect of either that application or the application for the main invention, the time within which the requirements of the Controller shall be complied with shall, on an application made by the applicant before the expiration of the period as prescribed under sub-section (1), be extended until such date as the High Court may determine.
(3) If the time within which the appeal mentioned in sub-section (2) may be instituted has not expired, the Controller may extend the period as prescribed under sub-section (1), to such further period as he may determine:
Provided that if an appeal has been filed during the said further period, and the High Court has granted any extension of time for complying with the requirements of the Controller, then the requirements may be complied with within the time granted by the Court.

Question: What is laid down in clause (b) of Section 21?

Answer: in the case of an application for a patent of addition, an appeal to the High Court is pending in respect of either that application or the application for the main invention, the time within which the requirements of the Controller shall be complied with shall, on an application made by the applicant before the expiration of the period as prescribed under sub-section (1), be extended until such date as the High Court may determine


Question: Under Section 21, what shall in the case of an application for a patent of addition, an appeal to the high court is pending in respect of either that application or the application for the main invention, the time within which the requirements of the controller be?

Answer: complied with shall, on an application made by the applicant before the expiration of the period as prescribed under sub-section (1), be extended until such date as the High Court may determine


Question: What is stated in subsection (3) of Section 21?

Answer: If the time within which the appeal mentioned in sub-section (2) may be instituted has not expired, the Controller may extend the period as prescribed under sub-section (1), to such further period as he may determine:


Question: According to Section 21, what shall if the time within which the appeal mentioned in sub-section (2) be?

Answer: instituted has not expired, the Controller may extend the period as prescribed under sub-section (1), to such further period as he may determine:


Question: What does the proviso in Section 21 say?

Answer: Provided that if an appeal has been filed during the said further period, and the High Court has granted any extension of time for complying with the requirements of the Controller, then the requirements may be complied with within the time granted by the Court


Question: In Section 21, what is if an appeal has been filed during the said further period, and the high court has granted any extension of time for complying with the requirements of the controller, then the requirements to be?

Answer: complied with within the time granted by the Court


Section 29: Anticipation by previous publication

Context:
(1) An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published in a specification filed in pursuance of an application for a patent made in India and dated before the 1st day of January, 1912.
(2) Subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published before the priority date of the relevant claim of the specification, if the patentee or the applicant for the patent proves—
(a) that the matter published was obtained from him, or (where he is not himself the true and first inventor) from any person from whom he derives title, and was published without his consent or the consent of any such person; and
(b) where the patentee or the applicant for the patent or any person from whom he derives title learned of the publication before the date of the application for the patent, or, in the case of a convention application, before the date of the application for protection in a convention country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter:

Question: What does subsection (1) of Section 29 provide?

Answer: An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published in a specification filed in pursuance of an application for a patent made in India and dated before the 1st day of January, 1912


Question: What is stated in subsection (2) of Section 29?

Answer: Subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published before the priority date of the relevant claim of the specification, if the patentee or the applicant for the patent proves—


Question: What is laid down in clause (a) of Section 29?

Answer: that the matter published was obtained from him, or (where he is not himself the true and first inventor) from any person from whom he derives title, and was published without his consent or the consent of any such person; and


Question: What does clause (b) of Section 29 state?

Answer: where the patentee or the applicant for the patent or any person from whom he derives title learned of the publication before the date of the application for the patent, or, in the case of a convention application, before the date of the application for protection in a convention country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter:


Context:
Provided that this sub-section shall not apply if the invention was before the priority date of the claim commercially worked in India, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the patentee or the applicant for the patent or any person from whom he derives title.
(3) Where a complete specification is filed in pursuance of an application for a patent made by a person being the true and first inventor or deriving title from him, an invention claimed in that specification shall not be deemed to have been anticipated by reason only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by reason only that after the date of filing of that other application the invention was used or published, without the consent of that person, by the applicant in respect of that other application or by any other person in consequence of any disclosure of any invention by that applicant.

Question: According to the proviso in Section 29, what is provided?

Answer: Provided that this sub-section shall not apply if the invention was before the priority date of the claim commercially worked in India, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the patentee or the applicant for the patent or any person from whom he derives title


Question: According to subsection (3) of Section 29, what is provided?

Answer: Where a complete specification is filed in pursuance of an application for a patent made by a person being the true and first inventor or deriving title from him, an invention claimed in that specification shall not be deemed to have been anticipated by reason only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by reason only that after the date of filing of that other application the invention was used or published, without the consent of that person, by the applicant in respect of that other application or by any other person in consequence of any disclosure of any invention by that applicant


Section 58: Amendment of specification before Appellate Board or High Court

Context:
(1) In any proceeding before the High Court for the revocation of a patent, the High Court, , may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the High Court may think fit, and if in any proceedings for revocation the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent.
(2) Where an application for an order under this section is made to the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the High Court.
(3) Copies of all orders of the the High Court allowing the patentee to amend the specification shall be transmitted by the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register.

Question: What is stated in subsection (1) of Section 58?

Answer: In any proceeding before the High Court for the revocation of a patent, the High Court, , may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the High Court may think fit, and if in any proceedings for revocation the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent


Question: According to subsection (2) of Section 58, what is provided?

Answer: Where an application for an order under this section is made to the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the High Court


Question: Under Section 58, what shall where an application for an order under this section is made to the high court, the applicant shall give notice of the application to the controller, and the controller be?

Answer: entitled to appear and be heard, and shall appear if so directed by the High Court


Question: What is stated in subsection (3) of Section 58?

Answer: Copies of all orders of the the High Court allowing the patentee to amend the specification shall be transmitted by the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register


Question: According to Section 58, what shall copies of all orders of the the high court allowing the patentee to amend the specification be?

Answer: transmitted by the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register


Section 87: Procedure for dealing with applications under sections 8 and 85

Context:
(1) Where the Controller is satisfied, upon consideration of an application under section 8 or section 85, that a prima facie case has been made out for the making of an order, he shall direct the applicant to serve copies of the application upon the patentee and any other person appearing from the register to be interested in the patent in respect of which the application is made, and 1shall publish the application in the official journal.
(2) The patentee or any other person desiring to oppose the application may, within such time as may be prescribed or within such further time as the Controller may on application (made either before or after the expiration of the prescribed time) allow, give to the Controller notice of opposition.
(3) Any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed.
(4) Where any such notice of opposition is duly given, the Controller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case.

Question: What does subsection (1) of Section 87 provide?

Answer: Where the Controller is satisfied, upon consideration of an application under section 8 or section 85, that a prima facie case has been made out for the making of an order, he shall direct the applicant to serve copies of the application upon the patentee and any other person appearing from the register to be interested in the patent in respect of which the application is made, and 1shall publish the application in the official journal


Question: What is stated in subsection (2) of Section 87?

Answer: The patentee or any other person desiring to oppose the application may, within such time as may be prescribed or within such further time as the Controller may on application (made either before or after the expiration of the prescribed time) allow, give to the Controller notice of opposition


Question: According to Section 87, what shall the patentee or any other person desiring to oppose the application may, within such time as be?

Answer: prescribed or within such further time as the Controller may on application (made either before or after the expiration of the prescribed time) allow, give to the Controller notice of opposition


Question: What does subsection (3) of Section 87 provide?

Answer: Any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed


Question: What must any such notice of opposition contain under Section 87?

Answer: a statement setting out the grounds on which the application is opposed


Question: According to subsection (4) of Section 87, what is provided?

Answer: Where any such notice of opposition is duly given, the Controller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case


Section 103: Reference to High Court of disputes as to use for purposes of Government

Context:
(1) Any dispute as to the exercise by the Central Government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of Government thereunder or as to the right of any person to receive any part of a payment made in pursuance of sub-section (3) of that section or as to the amount of compensation payable for the acquisition of an invention or a patent under section 102, may be referred to the High Court by either party to the dispute in such manner as may be prescribed by the rules of the High Court.
(2) In any proceeding under this section to which the Central Government is a party, the Central Government may,—
(a) if the patentee is a party to the proceedings, petition by way of counter-claim for revocation of the patent on any ground upon which a patent may be revoked under section 64; and
(b) whether a patentee is or is not a party to the proceedings, put in issue the validity of the patent without petitioning for its revocation.

Question: What is stated in subsection (1) of Section 103?

Answer: Any dispute as to the exercise by the Central Government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of Government thereunder or as to the right of any person to receive any part of a payment made in pursuance of sub-section (3) of that section or as to the amount of compensation payable for the acquisition of an invention or a patent under section 102, may be referred to the High Court by either party to the dispute in such manner as may be prescribed by the rules of the High Court


Question: According to Section 103, what shall any dispute as to the exercise by the central government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of government thereunder or as to the right of any person to receive any part of a payment made in pursuance of sub-section (3) of that section or as to the amount of compensation payable for the acquisition of an invention or a patent under section 102 be?

Answer: referred to the High Court by either party to the dispute in such manner as may be prescribed by the rules of the High Court


Question: What does subsection (2) of Section 103 provide?

Answer: In any proceeding under this section to which the Central Government is a party, the Central Government may,—


Question: According to clause (a) of Section 103, what is provided?

Answer: if the patentee is a party to the proceedings, petition by way of counter-claim for revocation of the patent on any ground upon which a patent may be revoked under section 64; and


Question: According to Section 103, what shall if the patentee is a party to the proceedings, petition by way of counter-claim for revocation of the patent on any ground upon which a patent be?

Answer: revoked under section 64


Question: What does clause (b) of Section 103 state?

Answer: whether a patentee is or is not a party to the proceedings, put in issue the validity of the patent without petitioning for its revocation


Context:
(3) If in such proceedings as aforesaid any question arises whether an invention has been recorded, tested or tried as is mentioned in section 100, and the disclosure of any document regarding the invention, or of any evidence of the test or trial thereof, would, in the opinion of the Central Government, be prejudicial to the public interest, the disclosure may be made confidentially to the advocate of the other party or to an independent expert mutually agreed upon.
(4) In determining under this section any dispute between the Central Government and any person as to terms for the use of an invention for the purposes of Government, the High Court shall have regard to any benefit or compensation which that person or any person from whom he derive title, may have received, or may be entitled to receive, directly or indirectly in respect of the use of the invention in question for the purposes of Government.
(5) In any proceedings under this section, the High Court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to an official referee, commissioner or an arbitrator on such terms as the High Court may direct, and references to the High Court in the foregoing provisions of this section shall be construed accordingly.

Question: What is stated in subsection (3) of Section 103?

Answer: If in such proceedings as aforesaid any question arises whether an invention has been recorded, tested or tried as is mentioned in section 100, and the disclosure of any document regarding the invention, or of any evidence of the test or trial thereof, would, in the opinion of the Central Government, be prejudicial to the public interest, the disclosure may be made confidentially to the advocate of the other party or to an independent expert mutually agreed upon


Question: According to Section 103, what shall if in such proceedings as aforesaid any question arises whether an invention has been recorded, tested or tried as is mentioned in section 100, and the disclosure of any document regarding the invention, or of any evidence of the test or trial thereof, would, in the opinion of the central government, be prejudicial to the public interest, the disclosure be?

Answer: made confidentially to the advocate of the other party or to an independent expert mutually agreed upon


Question: What does subsection (4) of Section 103 provide?

Answer: In determining under this section any dispute between the Central Government and any person as to terms for the use of an invention for the purposes of Government, the High Court shall have regard to any benefit or compensation which that person or any person from whom he derive title, may have received, or may be entitled to receive, directly or indirectly in respect of the use of the invention in question for the purposes of Government


Question: In Section 103, what is in determining under this section any dispute between the central government and any person as to terms for the use of an invention for the purposes of government, the high court shall have regard to any benefit or compensation which that person or any person from whom he derive title, may have received, or to be?

Answer: entitled to receive, directly or indirectly in respect of the use of the invention in question for the purposes of Government


Question: According to subsection (5) of Section 103, what is provided?

Answer: In any proceedings under this section, the High Court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to an official referee, commissioner or an arbitrator on such terms as the High Court may direct, and references to the High Court in the foregoing provisions of this section shall be construed accordingly


Question: Under Section 103, what shall in any proceedings under this section, the high court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to an official referee, commissioner or an arbitrator on such terms as the high court may direct, and references to the high court in the foregoing provisions of this section be?

Answer: construed accordingly


Context: (6) Where the invention claimed in a patent was made by a person who at the time it was made was in the service of the Central Government or of a State Government or was an employee of a Government

Question: What is stated in subsection (6) of Section 103?

Answer: Where the invention claimed in a patent was made by a person who at the time it was made was in the service of the Central Government or of a State Government or was an employee of a Government


Section 126: Qualifications for registration as patent agents

Context:
(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:—
(a) he is a citizen of India;
(b) he has completed the age of 21 years;
(c) he has obtained a 1degree in science, engineering or technology from any University established under law for the time being in force in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,—

Question: What is stated in subsection (1) of Section 126?

Answer: A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:—


Question: According to Section 126, what shall a person be?

Answer: qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:—


Question: What does clause (a) of Section 126 state?

Answer: he is a citizen of India


Question: According to clause (b) of Section 126, what is provided?

Answer: he has completed the age of 21 years


Question: What is laid down in clause (c) of Section 126?

Answer: he has obtained a 1degree in science, engineering or technology from any University established under law for the time being in force in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,—


Context:
(ii) has passed the qualifying examination prescribed for the purpose; 3or
(iii) has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 7 or both, but ceased to hold any such capacity at the time of making the application for registration;
(d) he has paid such fee as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of 5the Patents (Amendment) Act, 2005 (1 of 2005) shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fees as may be prescribed.

Question: What does clause (ii) of Section 126 state?

Answer: has passed the qualifying examination prescribed for the purpose; 3or


Question: According to clause (iii) of Section 126, what is provided?

Answer: has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 7 or both, but ceased to hold any such capacity at the time of making the application for registration


Question: What is laid down in clause (d) of Section 126?

Answer: he has paid such fee as may be prescribed


Question: Under Section 126, what shall he has paid such fee as be?

Answer: prescribed


Question: What is stated in subsection (2) of Section 126?

Answer: Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of 5the Patents (Amendment) Act, 2005 (1 of 2005) shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fees as may be prescribed


Question: According to Section 126, what shall notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of 5the patents (amendment) act, 2005 (1 of 2005) be?

Answer: entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fees as may be prescribed


Section 142: Fees

Context:
(1) There shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the grant of patents under this Act, such fees as may be prescribed by the Central Government.
(2) Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall not do that act until the fee has been paid.
(3) Where a fee is payable in respect of the filing of a document at the patent office, the fee shall be paid along with the document or within the prescribed time and the document shall be deemed not to have been filed at the office if the fee has not been paid within such time.
(4) Where a principal patent is granted later than two years from the date of filing of 2the application, the fees which have become due in the meantime may be paid within a term of three months from the date of the recording of the patent in the register 3or within the extended period not later than nine months from the date of recording.

Question: According to subsection (1) of Section 142, what is provided?

Answer: There shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the grant of patents under this Act, such fees as may be prescribed by the Central Government


Section 142: Fees

Question: Under Section 142, what shall there be?

Answer: paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the grant of patents under this Act, such fees as may be prescribed by the Central Government


Section 142: Fees

Question: What is stated in subsection (2) of Section 142?

Answer: Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall not do that act until the fee has been paid


Section 142: Fees

Question: According to subsection (3) of Section 142, what is provided?

Answer: Where a fee is payable in respect of the filing of a document at the patent office, the fee shall be paid along with the document or within the prescribed time and the document shall be deemed not to have been filed at the office if the fee has not been paid within such time


Section 142: Fees

Question: Under Section 142, what shall where a fee is payable in respect of the filing of a document at the patent office, the fee be?

Answer: paid along with the document or within the prescribed time and the document shall be deemed not to have been filed at the office if the fee has not been paid within such time


Section 142: Fees

Question: What is stated in subsection (4) of Section 142?

Answer: Where a principal patent is granted later than two years from the date of filing of 2the application, the fees which have become due in the meantime may be paid within a term of three months from the date of the recording of the patent in the register 3or within the extended period not later than nine months from the date of recording


Section 142: Fees

Question: According to Section 142, what shall where a principal patent is granted later than two years from the date of filing of 2the application, the fees which have become due in the meantime be?

Answer: paid within a term of three months from the date of the recording of the patent in the register 3or within the extended period not later than nine months from the date of recording


Section 157A: Protection of security of India

Context:
Notwithstanding anything contained in this Act, the Central Government shall—
(a) not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of the security of India;
(b) take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect.
Explanation.—For the purposes of this section, the expression "security of India" includes any action necessary for the security of India which—

Question: What is stated in subsection (1) of Section 157A?

Answer: Notwithstanding anything contained in this Act, the Central Government shall—


Question: What is laid down in clause (a) of Section 157A?

Answer: not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of the security of India


Question: What does clause (b) of Section 157A state?

Answer: take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect


Question: According to the explanation in Section 157A, what is provided?

Answer: Explanation.—For the purposes of this section, the expression "security of India" includes any action necessary for the security of India which—


Question: According to Section 157A, what shall —for the purposes of this section, the expression "security of india" be?

Answer: any action necessary for the security of India which—


Context:
(i) relates to fissionable materials or the materials from which they are derived; or
(ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or
(iii) is taken in time of war or other emergency in international relations.

Question: What does clause (i) of Section 157A state?

Answer: relates to fissionable materials or the materials from which they are derived; or


Question: According to clause (ii) of Section 157A, what is provided?

Answer: relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or


Question: What is laid down in clause (iii) of Section 157A?

Answer: is taken in time of war or other emergency in international relations


Section 159: Power of Central Government to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:—
(i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office;
(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8;

Question: What is stated in subsection (1) of Section 159?

Answer: The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act


Question: According to subsection (2) of Section 159, what is provided?

Answer: Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:—


Question: What does clause (i) of Section 159 state?

Answer: the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office


Question: In Section 159, what is the form and manner in which any application for a patent, any specifications or drawings and any other application or document to be?

Answer: filed in the patent office


Question: What is laid down in clause (ia) of Section 159?

Answer: the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8


Question: Under Section 159, what shall the period which the controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications be?

Answer: filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8


Context:
(ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10;
(ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under sub-section (2) of section 11A;
(id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B;
(ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.

Question: According to clause (ib) of Section 159, what is provided?

Answer: the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10


Question: According to Section 159, what shall the period within which a reference to the deposit of materials be?

Answer: made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10


Question: What does clause (ic) of Section 159 state?

Answer: the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under sub-section (2) of section 11A


Question: According to clause (id) of Section 159, what is provided?

Answer: the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B


Question: According to Section 159, what shall the manner of making the request for examination for an application for patent and the period within which such examination be?

Answer: made under sub-sections (1) and (3) of section 11B


Question: What does clause (ie) of Section 159 state?

Answer: the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B


Question: In Section 159, what is the manner in which an application for withdrawal of an application for grant of a patent to be?

Answer: made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B


Context:
(ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 1published under this Act;
(iii) the fees which may be payable under this Act and the manner 2and time of payment of such fees;
(iv) the matters in respect of which the examiner may make a report to the Controller;
(v) the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25;

Question: What is laid down in clause (ii) of Section 159?

Answer: the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be 1published under this Act


Question: Under Section 159, what shall the time within which any act or thing be?

Answer: done under this Act, including the manner in which and the time within which any matter may be 1published under this Act


Question: According to clause (iii) of Section 159, what is provided?

Answer: the fees which may be payable under this Act and the manner 2and time of payment of such fees


Question: According to Section 159, what shall the fees which be?

Answer: payable under this Act and the manner 2and time of payment of such fees


Question: What does clause (iv) of Section 159 state?

Answer: the matters in respect of which the examiner may make a report to the Controller


Question: According to clause (v) of Section 159, what is provided?

Answer: the manner in which and the period within which the Controller shall consider and dispose of a representation under sub-section (1) of section 25


Context:
(va) the period within which the Controller is required to dispose of an application under section 39;
(vi) the form and manner in which and the time within which any notice may be given under this Act;
(vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased;
(viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices;

Question: What is laid down in clause (va) of Section 159?

Answer: the period within which the Controller is required to dispose of an application under section 39


Question: What does clause (vi) of Section 159 state?

Answer: the form and manner in which and the time within which any notice may be given under this Act


Question: In Section 159, what is the form and manner in which and the time within which any notice to be?

Answer: given under this Act


Question: What is laid down in clause (vii) of Section 159?

Answer: the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased


Question: Under Section 159, what shall the provisions which be?

Answer: inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased


Question: According to clause (viii) of Section 159, what is provided?

Answer: the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices


Context:
(ix) the maintenance of the register of patents 2and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form and the matters to be entered therein;
(x) the matters in respect of which the Controller shall have powers of a civil court;
(xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act;
(xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115;

Question: What is laid down in clause (ix) of Section 159?

Answer: the maintenance of the register of patents 2and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form and the matters to be entered therein


Question: What does clause (x) of Section 159 state?

Answer: the matters in respect of which the Controller shall have powers of a civil court


Question: According to clause (xi) of Section 159, what is provided?

Answer: the time when and the manner in which the register and any other document open to inspection may be inspected under this Act


Question: According to Section 159, what shall the time when and the manner in which the register and any other document open to inspection be?

Answer: inspected under this Act


Question: What does clause (xii) of Section 159 state?

Answer: the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115


Context:
(xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiiia) the manner of holding inquiry and imposing penalty under section 124A; (xiiib) the form and manner of preferring appeal under sub-section (2) of section 124B;
(xiv) the manner in which the register of patent agents may be maintained 2under sub-section (1) of section 1 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct;
(xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents;
(xvi) any other matter which has to be or may be prescribed.

Question: According to clause (xiii) of Section 159, what is provided?

Answer: the manner in which any compensation for acquisition by Government of an invention may be paid; (xiiia) the manner of holding inquiry and imposing penalty under section 124A; (xiiib) the form and manner of preferring appeal under sub-section (2) of section 124B


Question: According to Section 159, what shall the manner in which any compensation for acquisition by government of an invention be?

Answer: paid


Question: What does clause (xiv) of Section 159 state?

Answer: the manner in which the register of patent agents may be maintained 2under sub-section (1) of section 1 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct


Question: In Section 159, what is the manner in which the register of patent agents to be?

Answer: maintained 2under sub-section (1) of section 1 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub-section (2) of that section the conduct of qualifying examinations for patent agents


Question: What is laid down in clause (xv) of Section 159?

Answer: the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents


Question: What does clause (xvi) of Section 159 state?

Answer: any other matter which has to be or may be prescribed


Question: In Section 159, what is any other matter which has to be or to be?

Answer: prescribed


Context:
(3) The power to make rules under this section shall be subject to condition of the rules being made after previous publications:
Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.

Question: According to subsection (3) of Section 159, what is provided?

Answer: The power to make rules under this section shall be subject to condition of the rules being made after previous publications:


Question: Under Section 159, what shall the power to make rules under this section be?

Answer: subject to condition of the rules being made after previous publications:


Question: According to the proviso in Section 159, what is provided?

Answer: Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance


Section 160: Rules to be placed before Parliament

Context: Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 161. Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911.—Omitted by The Patents (Amendment) Act, 2002 (3 of 2002), s. 65 (w.e.f. 20-5-2003).

Question: According to subsection (1) of Section 160, what is provided?

Answer: Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 161. Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911.—Omitted by The Patents (Amendment) Act, 2002 (3 of 2002), s. 65 (w.e.f. 20-5-2003)


Question: Under Section 160, what shall every rule made under this act be?

Answer: laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 2in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be


Section 10: Limitation as to colour

Context:
(1) A trade mark may be limited wholly or in pa rt to any combination of colours and any such limitation shall be taken into consideration by the Registrar or the High Court, as the case may be having to decide on the distinctive character of the trade mark.
(2) So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.

Question: What does sub-section (1) of Section 10 state?

Answer: A trade mark may be limited wholly or in pa rt to any combination of colours and any such limitation shall be taken into consideration by the Registrar or the High Court, as the case may be having to decide on the distinctive character of the trade mark.


Section 10: Limitation as to colour

Question: Under Section 10 (Limitation as to colour), what is provided in sub-section (1)?

Answer: A trade mark may be limited wholly or in pa rt to any combination of colours and any such limitation shall be taken into consideration by the Registrar or the High Court, as the case may be having to decide on the distinctive character of the trade mark.


Section 10: Limitation as to colour

Question: Under Section 10 (Limitation as to colour), what is provided in sub-section (2)?

Answer: So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.


Section 10: Limitation as to colour

Question: What is laid down in sub-section (2) of Section 10?

Answer: So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.


Section 19: Withdrawal of acceptance

Context: Where, after the accept ance of an application for registration of a trade mark but before its registration, the Registrar is satisfied— (a) that the application has been accepted in error; or (b) that in the circumstances of the case the trade mark s hould not be registered or sh ould be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the Registrar may, after hearing the applicant if he so desires, with draw the acceptance and proceed as if the application had not been accepted.

Question: What does Section 19 state about withdrawal of acceptance?

Answer: Where, after the accept ance of an application for registration of a trade mark but before its registration, the Registrar is satisfied— (a) that the application has been accepted in error


Section 19: Withdrawal of acceptance

Question: Under Section 19, what is provided regarding withdrawal of acceptance?

Answer: Where, after the accept ance of an application for registration of a trade mark but before its registration, the Registrar is satisfied— (a) that the application has been accepted in error


Section 25: Duration, renewal, removal and restoration of re gistration

Context:
(1) The registration of a trade mark, after the commencement of this Act, shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.
(2) T he Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as the expiration of the last registration).

Question: What does sub-section (1) of Section 25 state?

Answer: The registration of a trade mark, after the commencement of this Act, shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.


Question: Under Section 25 (Duration, renewal, removal and restoration of re gistration), what is provided in sub-section (1)?

Answer: The registration of a trade mark, after the commencement of this Act, shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section.


Question: Under Section 25 (Duration, renewal, removal and restoration of re gistration), what is provided in sub-section (2)?

Answer: T he Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or


Question: What is laid down in sub-section (2) of Section 25?

Answer: T he Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee, renew the registration of the trade mark for a period of ten years from the date of expiration of the original registration or


Context: (3) At the prescribed time before the expiration of the last registration of a trade mark the Registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtaine d, and, if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with the Registrar may remove the trade mark from the register: Provided that the Registrar shall not remove the trade mark from the register if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration of the last registration of the trade mark and shall renew the registration of the trade mark for a period of ten years under sub-section (2).

Question: What is laid down in sub-section (3) of Section 25?

Answer: At the prescribed time before the expiration of the last registration of a trade mark the Registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtaine d, and, if at


Question: In Section 25, what does sub-section (3) say?

Answer: At the prescribed time before the expiration of the last registration of a trade mark the Registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtaine d, and, if at


Context: (4) Where a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the trade mark, on receipt of an app lication in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the trade mark to the register and renew the registration of the trade mark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration.

Question: In Section 25, what does sub-section (4) say?

Answer: Where a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the trade mark, on receipt of an app lication in the prescribed form and on payment of the prescribed fee, if satisfied


Question: What does sub-section (4) of Section 25 state?

Answer: Where a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the trade mark, on receipt of an app lication in the prescribed form and on payment of the prescribed fee, if satisfied


Section 36A: Application of Act in case of international registration under Madrid Proto col

Context: The provisions of this Chapter shall apply to international applications and international registrations under the Madrid Protocol.

Question: What does Section 36A state about application of Act in case of international registration under Madrid Proto col?

Answer: The provisions of this Chapter shall apply to international applications and international registrations under the Madrid Protocol.


Question: Under Section 36A, what is provided regarding application of Act in case of international registration under Madrid Proto col?

Answer: The provisions of this Chapter shall apply to international applications and international registrations under the Madrid Protocol.


Section 52: Right of registered user to take proceedings against infringement

Context:
(1) Subject to any agreement subsisting between the pa rties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case being concurrent w ith those of the registered proprietor.
(2) Notwithstanding anything contained in any other law, a registered proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

Question: What does sub-section (1) of Section 52 state?

Answer: Subject to any agreement subsisting between the pa rties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case being concurrent w ith those