 clauses106 f  clauses88 of patent with th licewes effect of endorser of right" revocation of patents by the controller for non-working ag 36 when reasonable requirements of the public deemed not satisfied  right of exelusive licensee fo take proceedir against infringement gl power of controller to adjourn applications for compulsory  right of hcensee under section $4 to take proceedings licences, etc, in certain cases against infringement procedure for dealing with applications under sections 84, 92 restriction on power of court to grant damages or account mi 86 and 88 of profits for infringement powers of controller in granting compulsory licences 93 12 restriction on power of court to grant injunction in certain cases, general purposes for granting compulsory licences 94 al3 terms and conditions of compulsory ucences 95 certificate of validity of specification and costs of subsequent suiis for infringement thereof licensing of related patents 96 4, belief for infringement of partially valid specification special provision for compulsory licences on notification gf py central government scientific advisers 115 order for licence to operate as a deed between parties con- 98  chapter xixcerned  appeals chapter xviiappeals, 116  use of inventions for purposes of government and acquisition of ynventions by central government117 procedure for hearing of appeals 1 99 meaning of use of invention for purposes of government  chapter xx100 power of central government to use inventions for pur poses of government  penalties101 118 rights of third parties in respect of use of invention for purposes of government contravention of secrecy provisions relating to certain inventions 102 119 falsification of entries in register, ete acguisition of inventions and patents by the central government 120 unauthorised claim of patent rights 103 reference to high court of disputes as to use for purposes of government 121, wrongful use of words "patent office"  chapter xviii122 refusal or failure to supply information  suyvrs concerning infringement of patents13 practice by non-registered patent agents jurisdiction 104 offences by companies 105 power of court to make declaration as to non-infringement,  clauses pateiesax of patent agents 125 regist yion as paten' agents 426 qualifications tor regis' t agents 427 rights of paten geation of certain documents by 198 subscription and veri patent agents 199 restrictions of practice as patent agents rom register ol pa storation- 130 removal tent agents and re! ex of coniroller to refus gents e to deal with certain 2: 131 pow: 192 savings in respect of other persons authorised to act as agents, ° boss or destiuuction of patent cuaprer xo - eons of centvotier co be qlaced betore p international arrangements ")bsrent tos meni 2 before davie teat 133 notification as to convention countries na t of severnmeut to sell or use  a ol high courts to make ok articles su power of central governm a verinment io make rules on as to countries not providing for reciprocity 134, notificati placed before parliament 135 convention applications ating to convention applications fal special  special provisions with re t} si 136 special provisions yeli 137 multiple priorities 5 to convention applications 138 supplementary provisions et 16% repeal uf a al of act 2 344 antion applications of 1311 in so far as it relates 4  relates to pate 188 am patents 83, amendment of act 43 of 195% ig5&, ions of act to apply to conv 439, other provisi  chapter sckim miscellaneous140 avoidance of certain restrictive conditions 14 determination of ff certain contracts 142 fees 143 restricti £ specifications ons upon publication © miners to be confidential 144 reports of exe a of patented inventions 145 publicatio of specifi specuile , and iuspes 160, rules te bes ct te tat tm applications deemed to have been refus 3 act 2 0 i ave bee use ig f i9ti ' | | and savings, the schedule, fellows:  chapter 1 preliminary(2) this act may be called the p atenty act, 1967 @) yw extends to the whole of india the centrat govern (3) tt shall came into ¢ om such date a ment may, by notification in the oficial gazette, appeir ided that different dates may be appointed for ifferent proy 10 provisi my reference in any sue th: ons of this act, and commencement of this act shall be construed bh provision to as a relerence la that provision, the coming into force of lele sthere uns act, unless the coote pad factawexien prebecions, issngne e aed ye tu the a that person: (d} "comino! controller gene designs and frade mevks re hatred to tn section fed "oonventin: (c2 "convention ation'? ab applicalion for a patent made hy virtue ¢ section  id} "convention conntry p notified as suck under sud-seetion a) of seetion te} "district court" has neaning on by the coda of @ ik beocednre, 5d ef tena, cp "exclusive less s22 hicenee irom a which confers on the heansee or an the licenses and a by him, te the ; lag the patentee), any and "exclusive heense, ot all othe pespeed of th ented inve: constrned accordingly: means iq) "foo babies, stance intended for the 4 drink: at copvalescents ag an, article food op (2) "government undertaking" means any industrial wodertaking carried on-~ mt of the goverpment, or @) by a deparime: (i) by a corporation estab: hod by a -entral, provin cial or state act, whi ertunent, or controlled by the coy his owned (iii) by a government combeny as defined in section 61 of the companies act, 1956, 1 of 1996, ific and tadust win tadic aud aay othe lis fnaneet and includes the council of seieny gay univ rsily cslabtished hy ¥ mstilation for scientifie or technical education whict wnolly or for the me ajor part by the government: g) "high coupe: ans, tation to the union tearcire of meth? ana the ¥ © lervivery gt wiimae, al pradesh the ilgii court ii} in relation to che union versite ry of the val nicobar islanes, the ti bh woh at calculia: fe) in reladion to the union tettitory of the laccadive minicoy and amindivi tslas ds, the high court of kerala darvat fe} to veletion lo the nien fersitory uf go and din and the union territory of dadra and na 3 vel, the uigh court of bombay; (vi} in relation to the unions vervitory of bondichert the high court of madrias; (hy in relation lo the union ie: ritery of cl the high court of punjab and haryana; and (vii) in relation to any other state, the high caurt foe thas state: "invention" meas any new aud nsetul— g) art, process method or manner of manulaclares 4) machine, apparatus or othe article; (47) substance produced by manufacture, 20 and includes any new and useful improve: ment of any of thena, and an alleged invention; e pes (a) "legal representative" means a 'person who in law re yee sents the estate of a dec eased person; () "medicine or drug' includes @) ali medicines for internal or external use of human beings or animals, (i) all substance: intended 10 be used for or im the jagnosis, | in reatment, mitigation oy prevention of diseases human beings or animals, 30 (2) all substances intended to pe used tor or in the maintenance of public health, or the prevention or control af any epidemic disease among human beings or animals, (iv) all chemieat substances which are ordinarily used s intermediates in the preparation or manufacture of any "2 at the medicines or substances above referred to, but does not inchide insecticide, sermicide, fungicide ot any used for the protection or preseyother subsiance intended to be vation of plants: 4 is a patent ranted under this act and s 44, 49, 50, 51, 52, 54, 55 includes for the purposes of sectiar 78, 134, 140, 158, 164 and 196 and 88, b7, 58, ent mted under ihe rvi, xvii and indian patents and designs act, chapte wise } "patent agent" meaus a person for the time being ¥ under this act as a patent agent; tev (9) "patented article' and "patented process" mea ospece lively an article or process in respect of which a patent ig in force; (p) "patentee" means the person for the time being entered on the register as the grantee or proprietor of ihe patent; on" means o patent granted in accord- (q) "patent of addit: ance with section 54; meang the patent office referred to in (r) "patent off section 74; {s) "person" includes the government; {t} "person inter ; ) ' sted" includes a on engaged in or in promoting research in the same field as that to which the invention relates; mi fi) prescribed" means, in relation to proceedings belore a higa court prescribed by rules made by the high court, and in other cases, prescribed by rules made under this act; (w) "pr ibed manner" includes thi 3 eribed ton les the payment of the pres- (we) "priority date" has the meaning assigned to it by section y) "true rst inv a i am oe ; c and firs tiny entor does not inciude either the first porter of an invention into india, or a person to whom an nye a i f invention js first communicated from outside india (2) in this act, unless the context otherwis requir any vet (a) to the controller shall be construed as including a refer a 5, hi  ' : erence to any officer discharging the functions of the co rolier in pursuance of sub-section (2) of section 73: i (b) to the patent office shall be construed as inc ing a aut all be construed id 1 ine reference to any branch office of the patent office " the following are nol dewentions within the vaca acie lo hich clalmty ary (a) an invention which is i ary io well established natural laws: obviously cork y or intended use of which (bo) an invention lhe prim puhliz ar morality or injurious bk would be contrary to law health; g ; of a gcientifie principle or the for- (ey the mere giscove mulation of an abstract the: {d) the mere discovery of any new property or new use for a known subsiance or ol the inere new use of a krown proce 15 machine or apparatus ixture resulting {e) a substance obtained by a mere adr only in the aggregation of the properties of the components thereof or a process for producing such substance; (f) the mere a ngement or re-arzangement or duplication of known devices each functioning independency ef one another in a known way; (g) a method or process of testing applicable during the process of mxnufacture for rendering the machine, apparatus 02 ie or other equipment more efficient or for the improvement of vestoration of the existing machine, apparatus of other eyuipment or for the improvement or eontrol of manufacture; we a (h) a method of agriculture or horticulture; 30 (i) any process for the medicinal, surgical, curative, lactic or other treatment of human beings or any proces similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products 4 no patent shall be eranted in respect of an invention relating inventions to atomic energy falling within sub-section (j) of section 20 of the rela:ing 2, atomic energy /act, 1962 to atomic 33 of 196: "  energy not patent able 5 in the case of inventions—- fa) claiming substances intended for use, or canvable af hyo inventions where only nicineds ing used as food or as medicine er drag, or oy pro (b} velocing to substances prepared or produced by chemiex] processes cincluding optical gla metallic compounds}, and int 2s ut reanutacture and sbslances when pro duced by the patent shall be granted o in res, of claims for the method laiiig or process of manulaclure and in respect af for the sub stances whe uced by such method or process, selle me ov pros esses patent ale,  chapter jit applications for patentsan 6 (7) subject io the provisions contained in section  : a made be any application for a patent for an javenlion may be made by any of (he following persons, thai is to say,— sons entitled to apply for patents, (a) by any person claiming to be the true and first ine ys ventov of the invention; (b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to raake such an application; (c) by the legal representative of any deceased person who immediately before his death was entitled to make such 29 an application, (2) an application under sub-section () may be made by any of the persons referred to therein either alone or jointly with any other person | form     ||----------|| opplica- || tion    |7 u1) every application for a patent shall be for one mvention only and shall be made in the prescribed form and filed in the patent office (2) where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be 3° furnished with the application or within such period as may be preserived after the filing of the application, proo! of the rigat to make the application (3) every application under this section shall state that the applicant is in possession of the invention and shall name the owner °" where the person s¢ 8 () where an applicant for a patent under this act is x secuting either alone or jointly wi oa at appli cation for a patent in any countey outside indi pect of the yo same or substantially the invention, or 6 kis knowledge such an appiliecati eing prosecuted iby mne person ough whom he claims or by some person deriving title from him, he shall file slong with his application— applica tions, (a) a statement seiting ont the na of country 15 where the application is being prosecuted, the seria? number and date of filing of the application and such other particulars as may be preseribed; and (®) an undertaking that, up to the date of the acceptance of his complete specification aled in india, he would keep the 20 controller informed in wr ing, m time to time, of details of the nature referred to in clause (a) ia resp of every other application celating to the same or substantially the same invention, if any, filed in any country outside india subsequently to the filing of the statement referred to in the aforesaid clause, 25 within eight weeks from the date of the matter coming to his knowledge @) the controller may slso require the applicant to furnish, as far as may be available to the applicant, details relating to the objections, if any, taken te any such apopliest as is referred to vw 30 in sub-section (1) on the ground that the invention is lacking in novelty or patentability, the amendments effected in the specifica-~ tions, the claims allowed in respect thereof and such other particulars as he may require 9 (1) where an apptication for a petent (not being a convention 35 application) is accornpanied by a provisional specification, a complete specification shall be filed within twelve months from the date of provislonal and complore filing of the application, and if the complete specification is not so 5 filed the application shall be deemed to be abandoned: provided that the complete speci mo omay be filed at any 4o time after twelve months but within fifteen months from the date aforesaid, if a request to that effect is made to the controller an" the prescribed fee is paid on or before the date on which the co plete specification is filed 8 {the same (2) where twe or yaure applications in the nase 6 nt are accompanied by provisional specifications appl of inventions wh ich ate cognate or of which one controller is of opie that the whele of such of another and the fnventions are such as to constitute a single jnvention and may 3 patent, he may allow one complete properly be included in one pect of all such provisional specificespecification te be &! in tions a patent (not being a sonvention (3) where an application for cation purporting to be a come jg accompanied by a specifi application plete specification, the controller may, if the applicant so requests at any time before the acceplance of the application, direct that such specification shall be treated for the purposes of this act as a provisional specification and caed with the application accordingly (4) where a complete specification has been filed in pursuance a5 of an application for & patent accompanied by a provisional specifieation or by @ specification treated by virtue of a direction under sub-section (3) as a provisional specification, the controller may, if the applicant so requests at any time before the aceeptance of the application, cancel the provisional specification and post-date 20 the application to the date of filing of the complete specification of 10 (1) every specification, whether provisi shall begin with coatents specifica- lions ona! or complete, shall describe the invention and 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 75 this act, drawings may, and shail, if ihe controfler so requires, he supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the controiler otherwise directs, be deemed to form part of the specification, and references in this act to a specification shall be construed 3° necordingly controller considers that an (3) if in any particular case the ad py a model or sample application should be further supplemente of anything illustrating the invention or alleged to constilute an invention, such model or sample as he may require shall be furnished 35 before the acceptance of the application, but such model or sample shall not be deemed to form part of the specification (4) every complete specification shallits (a) fully and particularly describe the jnvention and ds 4 operation or use and the method by which it is to be performe! (b) disclose the pest method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and ; (3) the claim or of to a § i / : to a single invention, 3 vased on the matter (6) such cases as a808 ab yy be preseri nue es rescr iby 2 fuss; with the complete specificeti " - within such pe ; ; sx ation or breseribed after the filing of that a ration, '7 _ (?) sabject to th j to the foregoing x of this section, a comnplete " hon play include claims specificatic voviienat se sifeation fled after a provisional on beet of developments of, ov ad ens to, the invention s described in the previsiona , additions in 1g wecifeation, be ts the nan wn respect of which th: applicant w a oe eiemments or isions of section 6 s sepaiale an patent of section 6 fo make 4 sep ote ore application for a 44 (2) there shall be a nity date for each claim of 2 i it priority date for each clat £ each mob a specification complete priori =z 'ity claims complete specification 20 which the (2) each claim of a see applicant considers to be the pri we dae ante fhe eee oom ori : ity date of that claim, complete sf | specifi- jed in pursuance of a cation, (2) where a ; : complete speci i single application accompanied bn vy (a) a provisional specification; or hich is te hich is treated by virtue of a direc ; tion @ a specification wi tion, under sub-secti, ction (3) of seeti ection 9 as a provisiona} specific: a and the claim is fair ased on the matter disclosed ix the - f bi ly based i on faa s in the specifi ne hey the priority date of that claim shall be the dat 2 2 0: i 30 ic relevant i i ; (4) where the com, "en on plete specification is 4 occ 1 ee or proceeded with accompanied by si 'ations ac y su section (3) and the claim ie in pursuance of two specifications as are mi fairly based on the may or more applications entioned in sub oo, tier disclosed— ; im one of tho @ specifications, the of fling of tee priority date of that application accompanied 35 claim shall be the date by that specification: notes, the priority date of (b) partly i ; 'y in one and pa i hat claim shall be the date ots ompanied by the specification of ling of the applicatio the later date, ° (5) where the complete specification has been med in pursuance jaim he mat of a further app m made by virtue of sub-section (1} of section 16 sud the claim is fairly based on the matter disclosed in any of the earlier specifi 3, provisional cr complete, as the case may be, the priority date of that hall be the date of the filing of ¢ that specification rhich was grst disclosed 7 (6) where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that elairn shall be the earlier or earliest of those dates 10 which subsection (3), (4, (5) and (6) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification (8) the reference to the date of the filing of the application or of the complete specification in this section shall, in cases where 15 there has been a-post-dating under section 9 or section 17 or, as the case may be, an ante-dating under section 16, be a reference to the date as so post-dated or ante-dated (9) a claim in a complete specification of a patent shall not be invalid by reason only of— 20 (@ the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or (b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date 25  chapter iv examination of applicationsxami- 12 (1) when the complete specification has been filed in respect nation of an application for a patent, the application and the specification of appli relating thereto shall be referred by the controller to an examiner 39 cation for making a report to him in respect of the following matters, namely: - (a) whether the application and the specification relating thereto are in accordance with the requirements of this act and of any rules made thereunder; 35 (6) whether there is any lawful ground of objection to the grant of the patent under this act in pursuance of the applieation; (@ whether the pr the ant is the this act; and (2) the examincr to whom pplicaiion and the relating thereto are referred w ion (1) make the report to the controle: a pericd of eightet from the date of such reference, x0 «13 (7) the examiner to whom an application for a patent is rex ¢ ferred under section 12 shall wake investigation for the purpose of ascertaining whether the invention so fay as claimed ia any clair cipation af the complete specificalion—  by pre~ vious (a) has been anticipated by publication before the date of pape jon an filing of the applicant's complete specification in any specifieaby_ prior 1s tion filed in pursuance of an application for a patent made in claim, india and dated on or after the ist day of january, 4912; (b) is claimed in any claim of any other complete specifi- | cation published on or after the date of filing of the applicant's 20 complete specification, being a specification filed in pursuance of 'an application for a patent made in india and dated before ox claiming the priority date earlier than that date (2) the examine shall, in addition, make such investigation as the controller may direct for the purpose of ascertaining whether 25 the invention, so far as claimed in any claim of the complete specifieation, has been anticipated by publication in india or elsewhere in any document other than those mentioned in sub-section (2) before | the date of filing of the applicant's complete specification, | (3) where a complete specification is amended under the provi- 30 sions of this act before it has been accepted, the amended specificas tion shall be examined and jnvestigated in like manner as the origi- ! nal specification (4) the examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the and ne liability shail be incurred by the any officer thereof by reason of, or in coumor investigation or avy report 3g validity of any patent, central government ot nection with, any such examinatio: or other proceedings consequent thereon, consicdeation of to eusure corapliance made thereunder ance with the provisions he (2) where th the application cr any specificatio: $ not ly with require controller may either amend- se plie {a} refuse to preceed with the application mons ia {bo} require the application, specification or drawings to be 1 ease2, amended to his satisfaction before he proceeds with the appli- 5 pation, {2) if it appears to the controiler that the invention claimed in the specification is not an invention within the meaning of, or is not patentable under, this act, he shall refuse the application (3) if it appears to the controller that any invention in respect af which aa application for a patent is made might be wsed in any inanner contrary to law, he may refuse the application, unless the specification is amended by the insertion of such dis-claimer in respect of that use of the invention, or such other reference io the iiegality thereof, as the controller thinks fit 25 power 16, (1) a person who has made an application for a patent under trofler this act may, at any time before the acceptance of the complete tomake specification, if he so desires, or wilh a view to remedy the objection orders raised by the controller om the ground that the claims of the comrespect» plete specification relate to more than one invention, file a further ingdiviapplication in respect of an invention disclosed in the provisional sion of spect n ; applica- of compleie specification already filed in respect of the first mention- hon ed application (2) the further application under sub-section (j) shall be accompanied by a complete specification, but such complete specifica- 35 tion shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application tion aod the » u) sub | i    | of    | hefare    | accep'    ||------|-------|-----------|-----------|troller may, a make anders as may be specified > respectshall be ¢ and pro ly: ing dating prov of anplication, 20 section to application shall this subhe posi-dated und from the date on ich it was 2c (2) where an dicstion ling drawings} is requived io be amended unde: (b) of sub-section (7) of ection 15, the application or specification shall, if the controller so directs, be deemed ¢ been made on the ate on which the here the application or speci o-fled is © ith or uraed to the applicant, on the date on which it is complying with the requirement nvention $0 le @ 30 18 (1) where it appears to the controlier that the far as claimed in any claim of the complete specification has been an~ ticipated in the manner referred to in clause (a) of sub-section (1) ov sub-section (2) of section 13, he may refuse to accept the complete specification unless the applicant— powers of contro'ler in vases of anti+ cipation ss (a) shows to the satisfaction of the controller that the priority date of the claim of his complete specification is ne than the date on which the relevant document was publishe: ib ib) amend: e controller, (2 we i 1on is claimed ification referred io in clause in a claim ¢ he may, subject to the preovithat a reference to that other 3 d by way of notice to the public in the 's cormplete specification unless within such time as may be claim is not later than the pricrity id other specificetion; or @) under the invention so far as claimed in any claim of the i i + tion has been claimed in any other sub-section applicant's applicant's complete le specifi sp ; 8 complete specification referred to in clause (a) of (1) of section 13; and (b) that such other complete specification was published on or after the priority date of the applicant's claim; then, unless it is shown io the satisfaction of the controller that 'he piovity date of the applicant's claim is not later than the prioxity ne claim of that specification, the provisions of sub-section 2 tt g as they apply to a speciz) 3 apply thereta in the same manner as ; 4 vention pableh a on or after the date of filing of the applicant's fication publi complete specif  sub- c any order of controller under sub-section (2) or su on vnecti o ne inwee i e fe ce to another complete section (3) directing the insertion of a referen: , mpiete specification shail be of no effect unless and until the other pat granted powers of controller in case of potential infringement, 19, (1) il, in consequence of the investigations required by ne foregoing provisions of this act or of proceedings under se in appears to the controller that an invention in teepe 03 ye oat application for a patent has been made cannot be per: orme wie substantial risk of infringement of a claim of any other patent, pe may direct that a reference to that other patent shall be ins in the applicant's comy uniess within such ti fe} the that there ave reasonab: the said ol, patent: or (b) the complete speciiieation is erended in the satisfaction of the controller; (2) where, after a reference to another patent has been inserted in a complete specification in pursuance of s direc: hen under sub: 7° section (]— 10 {a) that other patent is revoked or otherwise ceases to be in force; or: (®) the specification of that other patent is aniended by the deletion of the relevant claim; or {c} it is found, in proceedings before the court or the controller, that the relevant claim of that other patent is invalid or 18 not infringed by any working of tho applicant's invention, the controller may, on the application of the applicant, delete the reference to that other patent powers 20 25 25 of controller to make orders regard ing substi tution of applicants, ete, 30 20 (7) if the controller is satistied, on a claim made in the presbefore a patent has been granted, that by 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, aceordingly as the case may require, 30 (2) mo such direction as aforesaid shail any assignment or agreement made by one applicants for a patent except with the co: applicant or applicants, 35 (3) no such direetion as aforesaid shall be given by virtue of any assignment or agreement for the assi an invention unless— 38 (a) the invention is indentified therein b y reference to the number of the application for the patent; or {b} there is produced to the controller an acknowledgment hy the person by whom the assignment or agreement was made that the assignment or agreement relates to the ention im vespect of which that application is made, or (2) the rights of the claimant in respect of the invention 5 have been finally established by the decision of a court; or (d) the controller gives directions for enabling the appllcation to proceed or for veyulating 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 ro at any time before the patent has been aranted, the controller may, wpon 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 15 (5) if any dispute arises between juint 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 direciions 20 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 time for putting application in order tor acceptance, 21 (1) an application for a patent shall be deemed to have been 25 abandoned unless within fifteen months from the date on which the first statemeni of objections to the application or complete specification is forwarded by the controller to the applicant or within such longer period as may be allowed under the following provisions of this section the applicant has complied with all the 30 requirements imposed on him by or under this act, whether in connection with the ermplete specification or otherwise in relation to ihe application explanation—where the upplication or any specification or, in the case of a convention application, any document filed as part of the application has been revurned to the applicant by ine controller aft 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, @) the psvios a shall, on reque: m jon u2) the prescribed manner fore the ad, be extended for a ar period so ion of ihe period so sp iested chereaite ° extended period}, so, however, that the total period for with the requirem of the controller does 1 inouths from the daie or f ich the objection: section {7} are forwarded to the applicant = ecilie : (8) tt at the expiration cf the period of fifleen months sx yo in sub-section (2) or the extended period—  ; {a} an appeal to the high court is pending in respect of the application for the patent for the main invention, or : (d) in the case of an application for a patent of addition, at appeal to the high court is pending in respect of either that 1s 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 said peviod of fifteen months or the extended period, as the case may be, be extended until such date as the 20 high court may determine 4 if the time within which the apycal mentioned in subsection (3) mav be instittitted has not exvired, the controller may extend the period of fifteen months, or as the case may be, the extended -veriod, until the expiration of such further veriod as he may 25 determine: _pro vided that if an appcal 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 30 court 22 subject to the provisions of section 21, the complete speci- 4, fication filed in pursuance of an application for a patent may be oneane accepted by the controller at any time after the applicant has com- com plied with the tequirements mentioned in sub-section (1) of that plete 35 section, and, if not so accepted within the period allowed under specithat section for cempliance with thase requirements, shall be ea accepted as soon as may be thereafter: hea provided that the applicant may make an application to the controller in the prescribed manner requesting him to postpone accep- 4o tance until such date (not being later thah eighteen months from the date on which the objections referred to in sub-section (j) of section 21 are forwarded to the applicant} as may be specified es emer - 2 give uutice thereof to the applicant and shall ai official ifi @ the complete specifi zation inspection, 24 gn and from the date of advertisement of the acceptance of effect a complete specification and unili the date of sealing of a patent in 10 respect thereot, the applicant shail have the lke privileges and rights as if a patent for the invention lad been sealed on the date of udvertiserment of acceptance of the eomplete specification: of aceeptance of eomplete apecification, provided that the applicant shall not be entitled te institute any proceedings for infringement until the patent has been sealed 15  chapter v opposition to grant of patent28, (1) at any time within four months from the date of advertisegnent of the acceptance of a complete specification under this act oppoattion to grant of patient, {or within such further period not exceeding one month in the 2° aggregate as the controller may allow on application made to him in the prescribed manner before the expiry of the four months aforesaid) any person interested may give notice to the controller of opposition to the grant of the patent on any of the following grounds, namely: - 25 (a) that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention cr any part thereof from him cr from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the 30 complete specification has heen published before the priority date of the claim— i) in any specification filed in pursuance of an application for a patent made in india on or after the ist day of january, 1912; or 35 gi) in india or elsewhere, in any other document: frovided that the ground specified in sub-clause (i) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub- 40 section (8) of section 29; (ec) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete ® pricrity date of the appliapplication for a patent 1 her than 5 of the complata spe the priority date that claim 'or the pure: of this clause, an invention ; t s for which a patent is claimed shall be deern- 10 ed to have been known or used in india before the priority date of the claim if a product made by that process had already been imported into india before that date except where such importafon has been for the purpose of reasonable trial or experiment ys 1s (e) that the invention so far as claimed in any claim of the compiete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in cleuse (6) or having regard to what was used in india before the priority date of the applicant's claim; 20 ; ie) that the subject of any ciaim of the complete specification is not an invention within the meaning of this act, or is not patentable under this act; : , © at the complete specification does not sufficiently and clearly describe the invention ot the method b it i, as be pevormad, y which it is to oy that the applicant has failed to disclose to the controller the information required by section 8 or has furnished the inormation which in any materia particular was false to his fe hh ticul: is fals oh 30 : @) that in the case of a convention application, the applica- tion was ot made within twelve months from the date of the first application for protection for the invention made in a cons vention country by the applicant or a person from whom ie y ps fi hi h 35 but on no other ground 2 where any such notice of opposition is duly given, the coniro er shall notify the applicant and shall give to the applicant and © opponment an opportunity to be heard before deciding the case (3) the grant of a patent shall n ; r 8 ot be refused on th 40 stated in clause (c) of sub-section (d if no patent has been een in pursuance of the application mentioned in that clause; and for the purpose of any inquiry under clause (dj or clause (e} of that sub-section, nu account shall be taken of any socret use position proceeding under this 'ack— 26 (1) where in any of in cases (a) the controller finds that the invention, so far as claimed in any claim of the complete specification, was obtained frora the opponent in the manner set out ja clause {a} of sub-section | of       | 'ob    ||----------|---------|| taining" |         || control- |         || jer      | may     || treat    |         || applica- |         |(1) of section 25 and refuses the application on thet ground, he may, on reguest by such opponent raade in the prescribed manner, direct that the application shall proceed in the mame rf the opponent as if the application and the specification had filed by the opponent on the date on which they were actually tion as application of opponent, filed (b) the controller finds that a part cf an invention deseribed in the complete specification was so obtained from the opponent and passes an order requiring thal the specification be amended by the exclusion of that part of the invention, the opponent may, subject to the provisions of sub-section (2), file an application 25 in accordance with the provisions of this act aceompanied by a complete specification for the grant of a patent for the invention so exeluded from the applicant's specification, and the controlier may treat such application and specification as having been filed, for the purposes of this act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the earlier applicant, but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this act (2) where an opponent has, before the date of the order of the controller requiring the amendment of a complete specification 30 referred to in clause (6) of sub-section (1), filed an application for a patent for an invention which includes the whole or a part of the invention held to have been obtained from him and such application is pending, the controler may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this act, relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the earlier applicant, but for all other purposes the application of the opponent shall be proceeded with 40 as an application for a patent under this act 27, if at any time after the acceptance of the complete specifica tion filed in pursuance of an application for a patent and before the refusal of patent without opposigrant of a patent thereon it comes to the notice of the controller otherwise than in consequence of proceedings in opposition fo the tion 45 we at ation, so far as claimed in aity fant vader section 25, ii os nm, has £ been published before the im ¢ complete sp: date of the clai {a} in any sp filed in pursuance of an application 3 for a patent made in india and dated on or after the ist day of january, 1912; {0} in any other docuraent in india or elsewhere, the controller may refuse to grant the patent unless, within such lime as may be peescribed, the complete specification is amended to s satisfaction: provided that the controller shall not refuse to grant the patent on the ground specified in clause {h) if such publication does not constitute an anticipation of the invention by viriue of sub-section section (3) of section 28, b 1s 28, (1) if the controller is satisfied, upon a request or claim made : con , up mi in accordance with the provisions of this section,— mention of inven vor as such in patent (@) that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which apyilication for a patent has been made, or of a substantial part 20 of that invention; and (6) that the application for the patent is a direct consequence of his 'being the inventor, the controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance 2: of the application in the complete specification and in the register a of patents: provided that the montion of any person as inventor under this section shall not confer or derogate from any sights under the patent, 30 (2) a request that any person shall be mentioned as aforesaid may be made in the prescribed manner ly the applicant for the patent or (where the person alleged to he the inventor is not the applicant or one of the applicants) by the applicant and that person (3) if any person [other than a person in respect of whom a re- 35 quest in relation to the application in question has been made under sub-section (2)]} desires to be mentioned as aforesaid, he may make a claim in the prescribed manner in that behalf  (4) a request or claim under the foregoing provisions of this section shall be made not later than two months after the date of qo advertisement of acceptance of the complete specification or within such further period (mot exceeding one month) as the coniroller may, on an application made to him in that behalf before the expiraiion uf the said period of two months and subject to the payiment of the prescribed fec, allow (5) no request or claim under the foregoing provisions of this 5 section shall be entertained if it appears to the controiler that the request or claim is based upon facts which, if proved in the case of an opposition under the provisions of clause (@) of sub-section (1) of section 25 by the person in respect of or by whom the request or elaim is made, would have eniitled him: to relief under that section 1¢ (6) subject to the provisions of sub-section (5), where a claim is made under sub-section (3), the controller shall give notice of the elaim to every applicant for the patent (noi being the claimant) and to any other person whom the controller may consider to be interested; and before deciding upon any request or claim made under sub- 15 section (2) or sub-section (3), the controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, in the case of a claim under sub-section {3}, any person to whom notice of the claim has been given as aforesaid (7) where any person has been mentioned as inventor in pursu- 20 ance of this section, any other person who alleges that he ought not to have been so mentioned may at any time apply to the controller for a certificate to that effect, and the controller may, after hearing, if required, any person whom he may consider to be interested, issue such a certificate and if he does so, he shall rectify the specification 25 and the register accordingly  chapter ¥i anticipation29 (1) an invention claimed in a complete specification shall not anticipation by previous publica hon be deemed to have been anticipated by reason only that the inven- 5 tion was published in a specification filed in pursuance of an application for a patent made in india and dated before the ist day of january, 1912, (2) subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated 35 by reason only that the invention was published before the priority date of the relevant claim of applicant for the patent prov fa} that the matte here he is not f from whom he deri § per his consent ot the consent of any such per 10 hat the applicas the case tion or the application in the convention country, may be, was made ag soon 2s reasonably practicable thereafter: provided that this sub-section shall not apply if the invention 1g was before the priority date of the claim commercially worked in tadia, otherwise than for the purpose ai reasonable trisi, either by the patentee or the applicant for ine patent or any person trom whom he derives title or by any other person with the consent of the paten- tee or the applicant for the patent or any person from whem he 20 derives title 25 30 (3) where a complete specification is fled in pursuance of an application for a patent made by a person being the truco anid 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 season 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 inven by that applicant an invention claimed in a complete specification shall not anticipa_ med to have been anticipated by reason only of the communi son by on of the invention tc the government or to any person aulnc ones ae government to investigate the invention or its merits, © cation to ad by 'ing done, in consequence of such a communication, for the govern ~ of an} purpose of the investigation ment 31 an invention claimed in a complete specification shall not be to a a 4 - ion by deemed to have been anticipated by reason only of - public 40 (a) the display of the invention with the consent of the true display and first inventor or a person deriving title frorn him at an &¢ 1883 (b)ls—5 "ason only that any mate or or in the speciti ping ia og buiblishe: industrial or other exhibition to which the provisions of thid section have heen extended by the central governme ; notification in the official 6 ation wes ean : esti a8 @ provisions consent for the purpose of such an exhibition in ¢  time aéter the date of the a ing of th, "a ae endtia or elsewne it is held; or 5  rg mat speciflcotion, invention in {b) the publication of any description of the sve specification ig a 12) where convention consequence of the display or use of the invertion at any such fled in pursuance of a application, then, not tm this act, the contra u exhibition as aforesaid; or 7" (c) the use of the invention, after it has been displayed any matter disclosed in any application for protection ne only tbat or used at any such exhibition as afor and during the io 70 tion country upon which the conv on application a in & wee period of the exhibition, by any person withcut the consent ot used in india op published in india or elsewhere at cman led was the true and first inventor or a person deriving title from him; the date of that application for protection a y hime after or 34 notwithstandin rthi 4 s g anything contained in this act the ; (d) the description of the invention in a paper read by the ler shall not refuse to fecepl a complete specification "an control ipsa true and first inventor before a learned society or published 1 rg or to grant a patent, and a patent shall not he revoked or me aa elven with his consent in the transactions of such a society; | by eesoa only of any circumstances which by virtue of scetig ote stances + ~  or section 36 or secti or seats 6 7 ny ' section ar 1 if the application for the patent is made by the true and first invention of the nen 31 or section 32 do not constitute an anticipa- aden tor or a person deriving tile from him not later than six months vention claimed in the specification, cribed in after the opening of the exhibition or the reading or publication of - bestons the paper, as the case may be 20 ama 31 | ote ate  anticipa- 32 an invention claimed in a complete specification shall not be : chapter vit | i t it y time tionby deemed to have beon anticipated by reason only that at any | 20 prove cenee o public within one year before the priority date of the relevant claim of the ° ovisions for secrecy of certain inventions working i i he inventi blicly worked in india— 35 te im wes : specification, the invention was publicly the one in respect of an application made before ov after g, (a) by the patentee or applicant for the patent or any 25 trollen th sepment of this act for » patent, it appears to the con geen person from whom he derives title; or central gown e fevention 18 one of a class notified to him by the relating ° fs ttoment as relevant for defer ' i (b) by any other person with the consent of the patentee | 25 otherwise the invention appears to hin tae bo a of where tenet or applicant for the patent or any person from whom he : give directions for prohibiting or vestrictin e i relevant, he may vant ton derives title; information with tespect to the invention on the tome wication o defence ; a 8 informati munication of purposes if the working was effected for the purpose of reasonable trial only 30 see eration to any person or class of persons specified in 'the and if it was reasonably necessary, having regard to the nature of ions : the invention, that the working for that purpose should be effected | 30 (2) where the controller ives any such directions as ane vet in public : ted to in, sub-section (1), he shall give notice of the application or viet aa gt  + : jperets io anticipa- 33 (1) where a complete specification is filed or proceeded with of the directions to the central government, and the centra] gn hionby in pursuance of an application which was accompanied by a provi- 35 ernment shall, upon receipt of such notice, consider whether "the useand - sional specification or where a complete specification filed along with publication of the invention would be prejudicial to the defence  pale an application is treated by virtue of a direction wader sub-section 35 india, and if upon such consideration, it appears to it that the b provi- (3) of section 9 as a provisional specification, then, notwithstanding lication of the invention would not so prejudice, give notic t pub sional anything contained in this act, the controller shall not reuse to ° i controller to that effect, who shall thereupon revoke the direct: © specifica srani the patent, and the patent shall not be revoked or invalidated, 4 and notify the applicant accordingly stions tion  to the provi unernt is of op as under may at any the fig the controller ¢ a shall asa notified by the central roller shall give notice to the ed by him respect of which 10 an invention secrecy thon sé on 38 continues te be relevant direcdirections have bsen given under msidered by the central governof such directions tons to be seg shall be re-co  for defence purposes sha t arin thin nine months from the date of issu h viewed int jing twelve months, and if, on viewed, and thereafter at intervals not exceeding twe en such re-consideration it appears to the central government a the 5 publication of the invention would no longer be prejudicial to e defence of india it shall forthwith give notice to the controller accordingly and the controller shall thereupon ravoke the directions previously given by him (2) the result of every re-consideration under sub-section 2 20 shall be communicated to the applicant within such time and in suc' manner as may be preseribed conse 37, (1) so long as any directions under section 35 are in force or secrecy in respect of an aoplication— dies: (a) the controller shall not pass an order refusing to accept 25 hous, the same; and (>) notwithstanding anything contained in this ae nm appeal shall lie from any order of the controller passe i respect thereof: the directions, 3° i icati subject to provided that the application may, su fons proceed un to tho stage of the acceptance of the complete specifica tion, hut the accetance shall not be advertised nor the specification published, and no patent shall be granted in pursuance of the application (2) where a complete specification filed in pursuance om ane cation for a patent for an invention in resnect of whic: rections have been given under section 35 is accepted during the contin in force of the directions, then—~ ; (a) if, during the continuance in force of the directions any 4 use of the invention is made by or on behalf of, or to the ore of the government, the provisions of sections 100, 101 an 3 had been government that the appli ; @ hardship by reason of the b force of the direr cons, the ¢ ! government may ach payment {if any) by way of solativra 88 appears to the contral government to be reasy having regard to the novelty and utility of the invention and the purto pose for which it is designed and ta any other relevant cireumstances, (3) where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fea shall be payable in respect of any period during which those directions were in force, ig 38 when any direction given under section 35 is revoked by the revoca controller, then, notwithstanding any provision of this act specify ton of ing the time within which auy step should be taken or any act done secrecy in connection with an application for the patent, the controller may, i subject to such conditions, if any, as he thinks fit to i id exten sion 0 ; , 7" 5 5 ht to impose, extend extension the time for doing anything required or authorised to be done by or of time, under this act in connection with the application, whether or nat that time has previously expired ; 39 (1) no person resident in india shall, except under the autho- residents as rity of a written permit granted by or on behalf of the controller, not to make or cause to be made any application outside india for the grant 2pply for of a patent for an invention unless—-  patents side :  indi (a) an application for a patent for the same invention has ithe  < without been made in india, not less than six weeks before the applica prior pertion outside india; and mission, 30 (6) either no divections have been given under sub-section (2) of section 35 in relation to the application in india, or all such dircetions have been revoked, (2) the controller stall not grant written permission to any person to make any application cutside india without the prior con- 35 sent of the central government " @) this section shall not apply in relation to an invention 'for which an application for protection has first been filed in 9 country outside india by a person resident outside india ' 328  i che a ti i vovigions contained in chapter 2s, liability 49, without, prejudice to the provisions contall 1 ne venes ave se iy reapect of an application for a patent ony person © wvenes  tion of it ject ' aiven, by the controller wader section 5! tion of any direction as 10 secrecy given 9 oo eto th we ote erent section 35 oy makes or causes to be made an app) fon for on ae orsection outside india in contravention of section 39, the v leathe aa the  der this act shall be deemed to have beer al ame om ' nen te patent granted, if any shail be liable to pe revoked under sece patent : : iwi eect as to sec: y as finality ia all orders of the controller giving aivections 6 » sen oforde® well as all orders of the central government 1 nce this ey 2 ot aer shall be fal and shall not be called in question in any ' roller ond ground whatsoever central govetn- _ r e disclosure by 42 nothing in this act shall be heid to prevent he  ont savings ret controller of inforrnation concerning av ae nae ee sainte me specification filed in pursuance the of ° the ifeation ce as ' he ication tion closue ment for the purpose of the apph oo eter this chanter s oer examined for cousidering vwhetbe® an of whould be ken ae mother an order so ™m: ~~ should be made or w  : chapter viigrant and sealing of patents and rights conferred therep by ran ion i oplica- 20 43, (1) where @ complete specification 19 pursuance of an appli ona i for a patent has been accepted and either— "ean 98 sea mn ication has not been opposed under section e a " see mt oe pene  { the opposition has expired; or "— i a mg 0! » and the time for the filing ae ton was n opposed an of the applicant; or 25 plication has bee: ded in favour (b) the ap been finally deci 4 been refused by the controller | {c) the applica' nm him by this act: tion has no wer vested i py virtue of any po in the prescribed il, on request made b the applicant or, in the case of @ joint application, troller shall cause the patent to 30 the patent sha yy the applicant form, be granted to jy, and the co' he date on which cal ent office and t d in the register to the applicants join be sealed with the seal of the pat the patent is sealed shall be entere -section (1) and of the sub provi- (2) subject to the provisions of tent of additic n, a tequest under e i ith respect to pa nf re the sealing of 4 patent shall be made not later than 35 this' sec re { advertisethe expiration of a period of six months from oe of at tment af the acceptance of the complete specifical : provided that— e at the expixation of the said six mo lation to £ application for the patent & iler or the high court, the request may be the prescribe iod after the final deterroination  (by where the applicant or one of the applicants has died betore the expiration of the time in which under the provisions of this sub-section the request could otherwise be made, 10 the said request may be made at any time within twelve months aiter the date of the death or at such 1 i : f rs at such later time as th roll may allow e controller (3) the period within which under sub-section (2) a request f the sealing of a patent may be made may, from time to time be  15 tended by the controller to such longer period as may be st ecified in an application made to him in that behalf, if the anplicatio is made and the preseribed fee paid within that longer period: 7 provided that the first mentioned period shall not be extended under this sub-section by more than three months in the aggregate 20 explanation—foy the purposes of this section a proceeding shall be deemed to be pending so long as the time for any appeal therei (apart from any future extension of that time) has not expired md a proceeding shall be deemed to be finally determined when th, 'e for any appeal thercin (apart from any such extension) has on ined 5 without the appeal being brought ee i 44 where, at any lime aftera a a patent has hb i é of an application under this act, the controlter ie satnded then fee poner' " ly at the person to whom the patent was granted had died, or, in the case of patent, a ody corporate, had ceased to exist, before the patent was sealed, stanted 30 the controller may amend the patent by substituting for thi : 2 10 deceasof that person the name of the person to whom the patent a' ht te owe ; : ou; 0 n have been granted, and the patent shall have effect, and shall be ont eemed always to have had effect, accordingly , 45, (1) subject to the other isi @ provisions contained in this act, 35 every patent shall be dated as of the date on which the co: vete patent specification was filed mplete, pater! (2) the date of every patent shall be entered in the register (3) notwithstanding anything contained in t section, no suib ox other procecding shall pe commenced or prosecuted in respect of an intringement committed before the date of advertisement of the ao acceptance of lhe complete spec: 46 (1) every patent shall be in the prescribed form and shail § have effect throughout india @) a patent shail be granted for one invention co ed form, extent and effect of patent provided that it shall not be competent for any person in a suit or other proceeding to take any objection tv a patent on the ground that it has been granted for more than one invention 10 rights of patentees 47, (1) subject to the other provisions contained in this act, @ patent granted, whether before or after the commencement of this act, shall confer upon the patentee— (a) where the patent is for an article or substance, the exclusive right by himself, his agents or licensees to make, use, 15 exercise, sell or distribute such ariicle or substance in india; (®) where a patent is for a process of manufacturing an article or substance, the exclusive right by himself, his agents or licensees to use or exercise the process in india and of using or selling in india articles or substances made by such process 39 and of authorising others so to do (2) the rights conferred on the paten'ee by this section shall be exercisable only subject to the provisions of any other law for the time being in force 48 notwithstanding anything contained in this acty- 25 (a) the inportation by or on benali of the government of any patented machine, apparatus or other article for the purpose merely of its own use, or patent rights not infringed when used for certain purposes (b) the importation by or on behalf of the government of any patented medicine or drug for the purpose merely of its own 30 use or for disiribution in any dispensary, hospital or other medical institution maintained by or on behalf of the government or any other dispensary, hospital or other medical institution which, the central government may, having regard to the public service that such dispensary, hospital or medical institu- 35 tion renders, specify in this behalf by notification in the official gazette, or (c) the making of a patented machine, apparatus or other article or the use of s patented process or the making of an article by the use of the patented process by or on behalf of the gov- 40 ernment for the purpose merely of its own use or by persons on its behalf who may be specially authorised tor the purpose, ot i 48 (1) where a vessel or ait 4° ov a land vehicle owned by a p country comes into india {inclu inged wien temporarily or aecidentally on used on for an invention shalf not be deemed to be infringed by f foreign the invention— vessels, 1 |  ; ate, 3 (a) in the body of the vessel or in the machinery, 'ike, tempo ar as the invention rarily or apparatus or other accessories thereof, so ral needs only; or is used on board the vessel and for ; ° aliy in (b) in the construction or working of the aircraft or land indio, vehicle or of the accessories therecf; 20 as the case may be is, (2) this section shall not extend to vesse aireraft or land vehicles owned by persons ordinarily resident a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned 25 by persons ordinarily resident in india while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts 30, (1) where a patent is granted to two or more persons, cach nights of those persons shall, unless an agreement tv the contrary is in of co- 3° force, be entitled to an equal undivided share in the patent owners (2) subject to the provisions contained in this section and in of patents section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall he entitled, by himself or his 35 agents, to make, use, exercise and sell the patented invention for his own benefit without accounting to the other person or persons (3) subject to the provisions contsined in this section and in sec- tion 51 and to any agreement for the time being in force, where two o or more persons are registered as grantee or proprictor cf a patent, then, a licence under the patent shall not be granted ard a share in the patent shall not be assigned by onc of such persons excent with the consent of the other person or persons : 1833(b)ls—6, = 4 articte is sold by one of two or more perieior of a patent, the purchaser atl be entitled io deal with a had been sold by a jeat to the provisicns contained in this section, the rules ppiicable to the ownership and devolution of movable pro- th apoly in relation to patents; and nothing cona ction (1) or sub-section (2) shall affect the mutual or obligations of trustees or of the legal representatives of a 10 or their rights or obligations as such per ; ta this section shalt affect the rights of the assignees 2 interest in a patent created before the sommencement power of re two or more persons are segistered as grantee of 15 patent, the controller may, upon application made ascribed manner by any of those persons, give such accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 50 in relation 20 thereto, as he thinks fit (2) uf any person registered as grantee of proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of 25 the other persons so registered, the controller may, wpon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to-do-that thing in the name and on behalf of the person in default 3) before giving any directions in pursuance of an application 30 section, the controller shall give an opportunity to be under this heard— (a) in the case of an application under sub-section {1}, to the other person or persons registered as grantee or proprietor of the patent; 35 {b) in the case of an application under sub-section {2), to the person in default (4) no direction shall be given under this section so as to affect the mutual rights of obligations of trustees or of the legal representat¢ives of a deceased person or of their rights or obligations as such, 4o or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent the petitioner or where in @ peti  ' egf revo 3 patent, directs the comple specifi eee ects t sbecification te ¢ eusion of a claim or claixas in consequen > if ti oe hee hae zo) ente of petite ered by such claim or claims had beer permit ak the court may, by order passed i th bermnit ihe arent to the petitioner af the wha! : ion which the co fi been wrang the court finds & the patentee finds has been wrong in lew @ pat amend a of the patent se revoked or is (2) where any such order is quest by the petitioner oot os made in the prescribed manner grant j bim- 5 me date and nu a) in vhere ¢ - ot the to cases where the ecurt permits the whole of tt granted, a new patent bearing the sa "date and wianbe as the patent revoked; pues (ii) in cases wher: here ¢ ermi patent to be granted, a none sont os aes 20 date as the patent revoke: rt ts apart only of the patent for such part bear ® tine 'dang numbered in such as may he prescribed: provided t ci require the vette tofiean sy ad comnlen ee auch an the weti p a new and comple evification to pat as raction of the controller describing wad eee 28 ¢ invention for which the patent is te mee ate 'hal ¥ is te be granted (3) no suit shalt b i e brought for any infri g granted under this section committed before the tect so on whieh =] gare of such petent was granted which  33 (1) subj ject to the provisipre 35 30 patent granted under this act shall of this act, the texin of wey  ' - " perm of patent a) i ,  cose @ ceapeet of an invention claiming the methad o: cture of a substan j ir "abet whe ce, (including i st z ced by such method or proeess) vihere the suhctonee or use, or is capable of bei "food on as 2 nari ; le of being used, as foc ae 'ine or drug, be ten years from the date of the pica oa patent; and (b) in respect-of any other invention, be fourteen y from f other br ~ fourteen years from (2) notwi 5 i ana design ae ane anything contained in the indian patent; oat , , in the patent grante, rth " 40 of every patent granted under that act in sopeet or aa ie sion 2 an invention claiming a substance or the methad or process of manufacture in i bste t had o: is f s respect thereaf, l th v % the es c medicine or drug shall be able of being armencement of this act, or (a) ten @ sealed under whichever is less: provided that where at the commencement of this act any such patent is im force by reason of an extension granted under the act aforesaid, the patent shall cease to have effect om the expiration of the period of such exiension (3) a patent shall cease to have effect notwithstanding anything therein or in this act on the expiration of the peviod prescribed: for the payment of any renewal fee, if that fee is not paid within the preseribed pericd or within that period as extended under this section (4) the veriod prescribed for the payment of any renewal fee shall 15 be extended to such period, nct heing more than six months longer than the prescribed period, as may be specified in a request made to the controller if the request is made and the renewal fee and the prescribed additional fee paid before the expiration of the period so specified  chapter ix patents of additionpatents of 54, (1) subject to the provisions contained in this section, where addition an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete 25 specification filed therefor (in this act referred to as the "main invention") and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the controlier may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition (2) subject to the provisicns eontained in this section, where an invention, being au improvement in or modification of another invention is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention the controller may, if the patentee so requests, 35 by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked (3) a patent shall not be granted as a patent of addition uniess the date of filing of the complete specification was the same as or 49 later than the date of filing of the complete specification in respect of the main invention (4) a patent of addition shall not be sealed before the sealing of the patent for the main invention; and if the period within which, uw or the s within meniioned p  55 (1) a pa 2 that of the patent fer the main inve ton, of has not expired, and shall rema a dit 10 m equal terr of thereof ag patents that teem or of er of the patent for it ; additi of the patent for ihe main invention and ?@ition zo until the previous ¢ no longer: invention is revoked @ may be, the controller, on ent provided that if the pat : th under this act, the court, on oe request made to him by the > fen! ; in the prescribed manner, may ail oecome an independent patent ve patent for the main invention inue in force as an independent 20 15 order that the patent al additi for the remainder of the term for and thereupon the patent shall cont patent accordingly @) no renewal tees shall be nay i 20 addition, but, if any stick valent reams vn tnd rade tae nt under sub-section (1}, the same fees shall thereafter, ne pepable upon the same dates, as it batent had been originally granted as o08, the pat hi ml of: granted 56 (1) the gr & ition re srant of a patent of addition shall not be efused, and , 25 4 patent 5 invalidates a os a patent of addition shall not be revoked or patents const scant only that the invention claimed in the addition toes not involve i i i regard to any publication or use of— any faventive step having 30 i (©) the main invention describ 30 tion telating thew ed in the complete specificab) any i fi (6) any improvement in or modification of the main inven tion described in the complete s ecification of a patent of addi- , ; i complete specification of a p: i hon to the patent for the main invention or of an application for ; questioned on to have been the subject of an 35 8nd the validity of a iti ¥ a patent of addition sh: 2 the ground that the invention ought wave been independent patent 2) fs removal of i ning el we ee ee doubts it is hereby declared that in deter : ove le itvention claimed i - : | feat claimed in the compl - crore 40 m filed in pursuance of an application for a patent mt dante addition regard shall be had also sn to th e i pan main invention is described © complete specification in which the the application $ v7 be amended subject io thinks fib: amexdagen'? amendgj (iy su act to the p mentof = upon application made ue ae by an applicant for a patent or specificafor the patent or the complete £p der allowing of tion before such conditions, if any, as the controle: an apt controller provided that the controtier shall mot pass any or refusing a application to amend tention for a patent or specification under tints secti aynile any sult before a court for the 10 jnfringement of the paient of any proceeding before the high court for the revocatit on of the patent is pend ing, whether yhe suit or proceeding commenced pefore or after the filing of the application to amend (2) every application for leave to amend an application for a 15 patent or 4 specification ander this section shall state the nature of the proposed amendment, and shall give full particulars of the reagong for which the application is made mend at application for a (3) every application for leave to ab patent or 4 specification under this section made after the acceptance 29 of the complete specification and the nature of the proposed amendment shall be advertised in the prescribed ynanner (4) where an application js advertised under sub-section q@), any person interested mey, within the prescribed period after the advertisement thereof, give notice to the controller of opposition 25 thereto; and where such a notice is given within the period aforesaid, the controller shall notify the person by whore the application under this section is made and shall give to that person and to the oppo nent an opportuni ty to be heard before he decides the case (5) an amendment un der this section of a complete specification 3° may be, or include, an amendment of the priority date of a claim (6) the provisions of this section shall he without prejudice to the right of an applicant for @ patent to graend bis specification to comply with the directions of the controller issued before the acceptance of the complete specification of in the course of proceedings in 35 opposition to the grant of 4 patent 'amend- 58 (1) in any proceeding before the high court for the revocation qnent of of a patent, the high court may, subject to the provisions containee specificain section 59, allow the patenice to amend his complete specification advertisement 40 tion before in such manner and subject to such terms as ta costs, court or otherwise, as the high court may think fit, and if in any proceedings for revoestion the high court decides that the patent is invalid, jt may allow the specification to be amended under this section instead of revoking the patent v the patentes ¥ the high court lo 1 enizy thereof 39 u2) as oo a! 2 ro aad nent of an ap; : specification shell j an applical! a  se cation shall be ma onsen lication for patent or a complet suppl ¢ explanation, and wo am xcept by way ot disclaimer, meee pansies for the purpoze no amendment therecf she er, correction mentery of burpore of correct bai f shell be allowed, exe provisions a complete specifics tic obvious mistake, and 1 except 35 to would he tt "pecines non shall allo: 3 no amendment 15 @ that the cpecificatior lowed the effect of whi amendmatter not in substance di a as amended would claim o tle ich ment of ona p ees r describe application ce disclosed im ¢ ame a oe closed ij lant mdment, or that any claim nm the specification before the specifica "a = ane spec: ication as amended he stope of a claim of the specifi = ca would not fall wholly wit ion before fhe amendment " (2) wher det e after t wi he date of advertisement of accept: anee of a complete specificati tion, ic} , any arnend y the controller or by the igh come, the specification is allowed tourt,—— (a) the amend: ment shall for part of the specification: all for all purposes be deemed to form (b) e fact thai specification has been ei 6) the fact that the specificati b amended shall be (c) the right of the applicant or patentee to endig ft e applic or pat: e to make amend ment shall not } e : fraud be called in question except on the ground of 43) 1 (e n cnstrul £ censtruing the specification as ar ie ication as amen 3° my, nade to the specificali specification as originally accepted reference may be  chapter xi bs restoration of lapsed patents60 (2) where a  at failure to pay any & patent es ct d te have effect by re gs that period as extended ee within the prescribed period ason of applicapatentee or his j nded under sub-section (4) of 'od or within tions tor byt is legal representative ° of section 53, the restoration y two or mor ve, and where tt ° tee pe sna 2 perso jointly, then, with the l he patent was held oeanees © ot thee woithee sa ary ine ieave of the c stents year from the dat ithout jcining the othe 'ontroller, 40 application ft e on which the patent ceased t ws may, within one 'ot the restoration of the patent 0 have effect, make an ion (2) shall atse apply 16 patents (2) 'the provisions of s 0 the mod: } before the commence @ sub-section 2 te the period s act, dil 5 2of30lt (4) of se! prescribed therefor section 14 0: or to sub-section {8) of an application under verified in the prescribed manner, 1 which led to the failure to pay the ys may require from the applicant such £ think necessary 61 (7) if, alter hearing the applicaat in eases, where the appli- procedure ior cant so desires or the controller ks fit, the controlier is prima isp os facie satisfied that the failure te pay the renewal fee was unintenfor restotional and that there has heen no undue delay in the making of the 15 yationof application, he shall advertise the 9] plicalion in the preseribed manlapsed ner; and within the prescribed pet ad any person interested may patents give notice to the controller of opr ion thereto on either or both of the following grounds, that is to say (a) that the failure to pay the renewal fee was not uninten- 2° tional; or (b) that there has heen vadue delay in the making of the application (2) if notice of opposition is given within the period aforesaid, the controller shall notify the applicant, and shall give to him and 25 to the opponent an opportunity to be jeard before he decides the case, (3) hf no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the controller is in favour of the applicant, the controller shall, upon payment of any unpaid renewal fee ang such additional fee as may be prescribed, 30 restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent (4) the controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be yaade in the register of any document cr matter which, wader the provisions of this act, has to 35 be entered in the register but whieh has not been 50 entered rights of 62 (1) where a patent is restored, the rights of the patentee shall patentees be subject to sueh provisions as may be prescribed and to such other of lapsed provisions as the controller thinks fit to impose for the protection or ech compensation of persens who mav have begun to avail themselves 40 have been of, or have taken definite steps by contract or otherwise to avail restored themselves of, the patented invention between the date when the patent ceased to have effect and the date of the advertisement of the application for restoration of the patent under this chapter ment of a patent commiite: on which the patent 2 aged to have effect a jeation for restoralon omernt of the  5 chapter eel and urvocation oy pats:sntee may, at any lime by giving io the controller, offer to surrende 9 a eribed manner (2) where such an offer is made, the controller shall adv su notify ev pie) offer in the prese! person other han the patentee whose as having am interest in the patent (8) any person interested may, within the prese: ped period alter such advertisoment, give notice to the conivollor of opposit nm te ere 15 eurrender, and where any such notice is given the controtler shall notify the patentee {4 tf the controller jg satisfied afier hearing the patentee and any opponent, if desirous of being heard, that the patent may priperly be surrendered, he may accept the offer and, by order, revolkc 20 the patent 64 (1) subjeet to the provisions contained iu this act, a patent, whether granted before or atter the commeneement of this act, may, on the petition of any person interested or of the central government or on a counter-claim in a suit for infringement of the 2§ patent, be revoked by the high court on any of the following grounds, that is te say-—~ (a) that the invention, so far ag claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification st another 30 patent granted in india; (b) that the patent was granted on the application of a person not ontitled under the provisions of this act to apply therefor: provided that a patent granted under the indian patents and 4 of 1911 35 designs act, [911 shall not be revoked on the ground that the applicant was the communicaiee or the importer of the invendion in todia and therefore not ent d to make an application ior the grant of a patent under this act; (c) that the patent was obtained wrongfully in contraven- 40 tien of the rights of the petitioner or any person under or through whom he claims;  1883(b)ls—-7,ym of une cumplote specifi- act {d) that the cation ig nob an wes af the claim or fe) that th: complete specifies imownh cr used published in india or elsewhere in any of the d to in section to what was documents refer: ated under the todian ation te palents gaa shall have effcet as if 2 of 1911 1, this clas n ommitbeds 10 whe hha bex provided that in vel patents and designs act the words "or é g) that the invention so far as claimed in any claw cf the eomplete specification is obvious or does not involve any inventive step, having re wikat was known or used in india or what was published in india or clsewhere before the priority date of the claim: 15 vig granted under the have 2 of 1811 provided that iu relation to pat indian patents and designs act, 1911, this elause shall effect as if the words "or elsewhere" hag been omitted; (g) that the invention, so far as claimed in any claim of the complete specification, is not usegul; 20 (h) that the complete specification does not sufficiently and fairly describe the invention and the roethod by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to  enable a person in india possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was know to the applicant for the patent and for which he was entitied to claim protection; 30 (@) that the scope of any claim of the complete specification js not sufficiently and clearly defined or that apy claim of the complete specification is not fairly based on the matier disclosed in the specification; (j) that the patent was obtained on a false suggestion or 35 representation; (k) that the subject of any claira of the complete specification is not patentable under ahis act; (d that the invention so for as elaimed in any claim of the complete specification wae secretly used in india, otherwise yo than as mentioned in sub-section (2), before the priority dale of the claim; (@) that vo to a ia section 57 a¢ ee vet uses and aa re the palent 3 ar for a product ag ts nee by a process described op 'd, the importation ante : ini of the product made a ; t process shall consti keept where g tule knowle: ie or ue the importation, & the purpose of % © invention on the date of tation has been for ment only 20 (8) for the purpe sé of clause (1) of sub-se  shall be taken of : tion (2), no ac any use of the invertion— (, no account (a) for the purpose of ress i yy; purpose of rezsonahle trial or experiment only; > (b) by the gover any person authorised by the ¥ the government or by y per: ised th goveniment or by a government om ae x dertaking, in consequence of the applicant for th or wey @ patent or an ile having communice se disehowed om, om be diene > ha nunicated or disclosed the i i é i ly or indirectly to the government or zerson autherisea s on or to the government undertaking: or mnerises c} by any ether i o y cther person, in consequ i x0 for th y > sequence of the a i connree tent or any person from whom he derives die hee 'ated or disclosed the invention, and without ine consent or acquiescence the applican: ol any person from cf ce of opt ft f £ : r ry a is f (4) wi retudi 45 w paout brejudice to the provisions contained in sub-section yd ent on be revoked by the high court on the petition of patente ies overamnent, it the high court satisfied that th eect ot 8 without reasonable cause failed to comply with ° st of the central governm to make, use or exercise ihe patented invention fo: pi es over nt within e x the purposes of g it with: th i event poses rovernmel ithi 49 meaning ot section a9 upon reasonable forms {5) a notice of any petilion for re section shall be served on all pe "hebesting obs the seu fils served on a ersons appearing frora thy st i 51 € register te : interesis therein f a r to have shares or interes' raters of that paieni or to le 6 thers be prox and it shall net he nee a agtity do serve a nelice on ang other persor en » me o acceptance of evocation where any time at a sed that of patent a government ig satished: i je energy for 4 ox amend ati oy a vatent is or an invention relating to a ty oe a te 36 en a pa +y-gecti section 2 ment of no patent can be granted under sub-section () con 'caller to e x £ ae y direct the conirolie ete of the atomic energy act, 1962, it may direct on vovelte the specifica af the :  ion or ta xe a  or wit @ application o fon on refuse to proceed further with ae op oy the controiler, after direc patent, e case may be, and ther a nay be, to the patentee 10 tions from giving notice lo the applicant or, as the case may be, to central ad a be! red in the register whose name has been entered in e7 and every other person whose nam nters ha ment i oe hi ving an interest in the patent, and after aiving hem 2 ee coe tunity of   se to proces: urther it oe tunity of being heard, may refuse to proceed naenae application or may revoke the patent che controller 1s cmergy (2) in any proceedings under sub-section (i), may allow the applicant for the patent or the patentee ne cont oe ane omnplete specification in such manner as he considers c e ecifica 1 t jcath ing the instead of refusing to proceed with the application or revokin patent ini 2b tent 20 @ vei +t is of opinion thet a pa 2 s 88 where the central governmen' of ¢ ;  tion of or the mode in which it is exercised is mischievous 10 ee atentee patent generally projudicial io the public, it may, after givin g ihe bate in public rtuni heard, make a declaration to tha ne oa cate ont : all be deemed to be retoterest official gazette and thereupon the patent shall be deem 5 voked  chapter xiit register of patents 'ister 0! register 67 (1) there shall be kept at the patent office a regis ofpatents patents, wherein shall be entered— ent 7 and parti- (a) the names and addresses of grantees of patents; : _ 3 5 + issions be entered (b) notifications of assignments and of trgnsmissio se therein, patents, of licences under patents, and of ame!  sions, and revocations of patents; an ; - particulars of such other matters affecting the validity  or proprictorship of patents as may be prescribed 38 (2) no notice of any trust, whether express, implied or nani tive, shall be entered in the register, and the controller sha vtiected by any such notice ; ; 1 (3) subject to the superintendence and direction of tre ont yo government, the register shall be kept under the con management of the controller same te im writing and between the parties concerned is reduced embodying all the terms aad conditions gover obligations and the application for registration af 30 is filed in the prescribed manner with the contr: months from the execution thereol or within such further period not exceeding six months in the aggregate as the controller tion made in the prescribed manner allows: provided that the document shail, when registered, have elfect 15 from the date of tts execution, viting in the preseribed ents, as the as the 2° 69 (1) where any person becomes entitled by mission or operation of law to a patent or ta a share ia a patent becomes entitled as a taortgagec, } rt atherwise te any other ec interest in a patent, he shall apply in w 20 manner to the controller for the registration of his liile or, case may be, of notice of his interest in the register, (2) without prejudice 2 to the provisions of sub-section {1), application for the registration of the title of a entitled by assignment to a patent or a sh: 25 ing entitled by virtue of a mortga, any other interest in a pp ner by an my person becoming are in a patent or becom ge, licence or other instrument te atent may be made in the prescribed man the assignor, mortgagor, licensor or other party to that in strument, as the case may be mder this section for the regige@ controller shall, upon proof (3) where an application is made u 3° tration of the title of any person th of title to his satisfaction,— (¢) where that person is entitled a patent, register him in the register prietor of the patent, and enter in the to a patent or a share in as proprietor or ca-proregister particulars of the 35 instrument or event b y which he derives title; or (b) where that person is entitled ta any other interest in the patent, enter in the register notice of hig inlerest, with particulars of the instrument, if any, creating it: s provided that if there ig any dispute he v  4° the assignment, inorigage, lie: any other such trans: tween the parties whether ence, transmission, operation of jaw or action has validly vested in such person a title to the patent or any share or interest therein, the controller may tefuse to take any action under clause (a) ox, as the case may be, aa a getermined om under clause (b), until the rights of the by a eormpetent court eseribed (4) there shail be supplied to the controller in th manner for being fled in the patent office cople of all agreements, licences and other documents affecting the title to any patent or any $ ticance thereunder authenticated in the prescribed manner aed also such other documents as may be prescribed relevant to the subjectmatter: provided that in the case of a licence granted under a patent, the controller shall, if so requested by the patentee or heensee, take '° steps for securing that the terms of the licence are not disclosed to any person exeept under the order of a court (5) except for the pucposes of an application under sub-seetion (2) or of an application to yectify the register, a document im respect of which no entry has been ynade im the register under 15 sub-section (2) shall not be admitted by the controtler or by any court as evidence of the tile of any person to a patent or to a share ov interest therein aniess the controller or the court, for reasons to be recorded in writing, otherwise directs 79, subject to the provisions contained in this act relating to co- 20 ownership of patents and subject also to any rights vested in any entered in the register, the person ot power of registered grantee of other person of which notice persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any 25 proprictor to deal with patent such assignment, licence or dealing: provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property 11 (1) the high court may on the application of any person aggrieved-— ister of any (a) by the absence of omission from the reg! entry; of rectification of register by high court de in the register without sufficient (b) by any eniry ma cause; of on the register; or 35 (c) by any eniry wrongly remaining eniry in the register; (d) by any error or defect in any make such order for the making, variation or deletion, of any entry therein as it may think fit dient to decide in 49 roceeding under this section the ssaty or expel (2) in any p high court may decide any question that may be nece: connection with the rectification of the register (not shall be gi mher io the cs a on tt upon the of stich notice zee 72 (4) subject + 7 ca ject to lhe prov ro s i © provisions contained in thi cules made thereunder, the register shall wn ah iu this act ex bg open to inspection by t tall c : y the puble; anc ti seal of the patent offi ; and certified copies, sealed ° 7 entry : i any person venaiving of any entry in the register shall be giv hem om paymeni, of the prescribed fee shall be prima faci (2) the register —— cvidexee of any matters 14 required or authoris: d by or onder th: act to be entered therein  chapter xiv parent opetce patent office and its establishment73 () t smtr 3 ) the controller general of paients, designs and 'trad: signs ade marks appointed ed ib-secti under sub-section (1) of section 4 of the tr: controlier 'ade and and other 43 of i952, 7° merchandise marks act, 1958, shall be the c 3 se e ci t  - the purposes of this act ontroller of patents for officers and directions of der this act as it (2) the central g overnment i and thes ; ; may appoint i putea af thane and with such designations as it think ft fox the as fhe conta arene under the superintendonc 1 dire he r, such functions of th a the ce : ; i e cont ay from time to time authorise them to teak we scharg 30 74 (2) for the pi purposes of this act il shall be known as the patent office 7 there shall'be an office whieh al office and 2 of 1911 its hall be the patent office tanches (2) the patent offi  go the indien patents amd provided by the central governt under this act s and designs act, 1911, s rovetnment under lace as (3) the head offie e of the pat the central g patent office shall be at 5 tating the vegisteation a may specify, and for the an such ph ation of patents there may be ost hehes of facili ablished, at such 35 other places as the central government may tbink fit, offices he niral gor ly i gt, branch offic > (4) there shall be a seal of the patent office, ate fice shall be iit a a rees of the patent office s tbe i ay officers aad employees they hold their ppointments, fy on  ep! by inkeritance of or indirectly, © (py eee im army patent issued vy that oft bequest, any 1 restriction on ayes employees in acquire of of patent office us a ecourt,—~ (@) for ' a matter which is being, or has sa  3 sener ie det he indian patents and ? et or under  =_ in the patent office shall not, except 5 : 96 £0 officer or employes in me pp der diection in officers 7 equired or authori: by this 4 eee os by onder of on vue a | overnment or the controle employees writing of the central g sat to furnish information, ete heen, dealt with under this designs act te er a rati f locument reme) 'prepare or assist in the preparation of & ooo ana ' is ac und i ot on permitted by or under this act or quin ery " in the patent office, patents and designs act, a911, to be lodged in p '5 tent office  (c) conduct a seareh in the records of the pate 2 i chapter xv powers or controller generally controller in this behalf, the con! 7 ject to any rules made in controller 37 (1) subjec oo 3 act shall have the powers 2 f re hi thi: to have in any proceedings ixefore him ane tho code of civil procedure, fa civi rt while trying a suit e certain of a civil court while trying ing matters, namely:— powers of 1908, in respect of the following eee of any person ae (a) summoning and enforcing the atte: oe and examining him on oath; ery and production of any docu- 2: (b) requiring the discov ment;  {c) receiving evidence on affidavils; ses 1) iss ' 0 @) issuing commissions for the examination of witnes: (¢) sb 1 8 or documents; x0 (2) awarding costs; (f) reviewing his own decision on application made within he prescribed manner; the prescrihed time and in t! passed ex parte on application prescribed manner; i i rder setting aside an orde d 23 3 made within the preseribed time and in the _ x costs awarded by 4 upon him under su ( i scribed atter which may be pres ; oa oe eo the controller in exercise of @ ay et a b-section (1) shall be exethe powers conlerr cutable as a decree of a eivil court such application er in other document fled in pursuar application jor a nt or any clerical error in any maiter which is entered in the ter, @) a corvection may be made in 'uanee of this section either 10 pon 9 request in writin and accor g made by any person i panied by the prescribed fee, or without such a request, (3) where the controtler proposes to make any such correction fof i9ll as aforesaid otherwise than in pursuance of a request made under he shall give notice of the proposal to the patentee or 2 of i911 t for the patent, as the case may be, and to any other appears to him to be concerned, and shall give them an ty to be heard before making the correction, opportun (4) where a requesi is made under this section for the correetion 20 of any error in a patent or application for a patent or any document "filed in pursuance of such an application, and it appears to the controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without netice to persons affected thereby, he shall require _ rotice of the nature of the proposed correction to be advertised in 5 of 1908 25 the prescribed manner, 5 (5) within the prescribed time after any stich advertisement as aforesaid any person interested may give notice to the controller of opposition to the request, and, where such notice of opposition is given, the controller shall give notice thereof to the person by whom 3° the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case, 79 subject to any rales made in this behalf in any proceeding evidence under this act before the controller, evidence shall be given by paleanen affidavit in the absence of directions by the controller to the con- powers of 35 trary, but in any case in which the controller thinks it ci ight so to controiier do he may take oral evidence in lieu of, or in addition to, evidence in respect by affidavit, or may allow a ny perty to be cross-examined on the therect contents of his affidavit 35 80 without prejudice to any provision contained in this exercise 4o act requiring the controller to hear any party to the proceedings ae thereunder or to give any such party an opportunity to be heard, the powers by controller shall give to any applicant for a patent, or for amendment controlier of a specification (if within the prescribed time the applicant so 1883 (d)ls—8, yequires) an opportunity to be heard before ¢ the applicant any discretion vested in the centr fact disposal bl, where under the provisions of this act or t made there bt under the controller may extend the time for doing any ect, nothin; xy v s controlin this act shall be deemed to require him to give notice to or hear ter of interested in opposing the ex ion, nor shall any appeal applica any order of the controller granting such extension tions for & s extension chapter xvi of time working of patents, compulsory licences, lm 's of right and ic revocation definitions oz in this chapter, unless the context otherwice requires,— eee (a) "patented article" includes any article made by a patentand ed process; and "patentee" {b) "patentee" includes an exclusive licensee general 83 without prejudice to the other provisions contained in this 15 principles act, in exercising the powers conferred by this chapter, regard shall applicable be had to the following general considerations, namely,— to working 5  of patented (a) that patents are granted to encourage inventions and to inventions secure that the inventions are worked in india on a commercial seale and to the fullest extent that is reasonably practicable 20 without undue delay; and (b) that they are not granted merely to enable patentces to enjoy a monopoly for the importation of the patented article $4 (1) at any time after the expiration of three years from the compulgate of the sealing of a patent, any person interested may make an 25 'hee  application to the controller alleging that the reasonable requireicences nents of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price and praying for the grant of a eompulsory licence to work: the patented invention 30 (2) an application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not available 35 to the public at a reasonable price by reason of any admission made by him, whether in such a licence or otherwise or by reason of his having accepted such a licence {3) every application under sub-section (1) shall contain a statement setting out the nature of the applicant's interest together with 4° ms upon which the | not    ||--------|| ia     || he     || public || se     || to     || grant  || a      || heenes || pon    |xo (5) where the cent td \ j the controller directs the patentee ts ne may as incidental thereto exerci; 2 powers cel out in see as ercio exercise the powers set out in section 85 in determini i n delermining whether or not to make an ef an application filed me 35 account, under section 84, the contr order in pursuance 8 a matter: 'oller shall take into to be taken inte {i) the nature of the inventi i in gon sines the ean t® of he invention, the time which has elapsed jn ranting the patente: as 1 patent and the measures already tal heenees miee or any licensee to make full use of the vention py heenres (4) the abilit i oa { y of the appl i so publle adventeoe ipplicant to work the invention to the (i) the capacity of the appli i were granted: € applicant to undertake the risk in but shall not be required to take ¢ int to the making of ake application o account matters subsequent 86 (1) at i 25 date en sealing time after the expiration of three years from the sppieation to awe ot be ent, the central government may mak pndorsechtoreed we, ee oo for an order that the patent ma be patent words "licences of right" i the with reasonabl i with tenes 50 vented ne turements of the public with respect the vate ne the ane oni ot peer satisfied or that the patented invention nt words public at a reasonable price isrof "licences of right" (2) ¢ controller, if satisfied that the reasonable requirements of 2) the control if nts the public with respect to t ve have not been satis- : bl spect to the patented i i j ; invention i 'ed or that the patented invention ig not available to the public public at 35 » reasonable price, may make an order that the pi et a rea bi rice, y mak n order that t , ve "te 'ake a é the patent be endorsed (3) where a' patent of additi '01 application made patent of addition ig ; ¥ app! v a ; is in force, an i ua der this section for an endorsement either of the original patent sr of the patent of addition sha be treated as an application for the io granted sand where a paient of addition endorsement of beth pat section, ndorsed under th is al in respect of a patent wh the patent of addition shall al gazet le for (4) all endors entered in the re such other mann endorsement tc the notice 87 (1) notwithstanding anything contained in this act,~ (a) every patent in force at the commencement of this act in respect of inventions relating to— (i) substances used or capable af being used as food or as medicine or drug; (ii) the methods or processes for the manufacture or certain patents deemed to be endorsed with the words "licences of right" production of any such substance as is referred to in sub- 1s clause (i); ii) the methods or processes for the manufacture or prodhiction of chemical substances (including alloys, opti- cal glass, semi-conductors and inter-metallie compounds); and 80 {b) every patent granted after the commencement of this act in respect of any such jnvention as is referred to in section 5; shall be deemed to be endorsed with the words "licences of right", in the case of inventions referred to in clause @), from the com- 25 mencement of this act, and, in the case of inventions referred to in clause (b), from the date of sealing of the patent ch is deemed to be endorsed 2) in respect of every patent whii or: et i ler this seclion, the provisions with the words "licences of right" und of section 88 shall apply 88 (1) where a patent has been endorsed with the words "licences 30 of right", any person who is interested in working 'the patented invenfion in india may require the patentee to grant him a licence for the such terms as may be mutually agreed upon, notwithpe holder of a licence under the patent purpose on standing that he is already t effect of endorse~ ment of patent oith the words "licences of right" (2) if the parties are unable to agree on the terms of the hence, 35 éither of them may apply in the prescribed manner to the controller 40 seltle the terms thereof (3) the controller shail, after giving notice to the parties and hearing them and after making such enquiry as he may deem fit, jocide the terms on which the licence shall be granted by the patentee 49 at re decided by licence: applicat je to hire i by any person any such requisition ag can 5 to wo: think at to (®) ia words "li feemed to be endow: beclause {i} or sub is 10 clause ( by, io on 87, whether the patont was granted before ar after the comraencement of this act, the royalty and other remuneration reserved to the patentee under 4 liceace granted to any person after such commencement shali in no case exceed four per cent of the net ex-factory sale price 1s in bulk of the patented article (exclusive of taxes levicd under any law for the time being in force and any commissions payable} determined in such manner as may be prescribed (6) save as otherwise provided in sub-section (5), the provisions of sub-sections (7), (2), (4), (5) and (5) of section 93 (regarding 20 the powers of the controller) and of sections 94 and 95 shall apply to heences granted under this section ag they apply to licences granted' under section $4, 89 (1) where, in respect of a patent, a compulsory heence has been granted or the endorsement "licences of right" has been made 25 or is deemed to have been made, the central government or any person interested may, after ihe expiration of two years frotn the dete of patents by the controller for nonworking of the order granting the first compulsory licence or, as the case may be, the date of the grant of the first licence under section 88, apply to the controller for an order revoking the patent on the 30 ground that the reasonable requirements of the public with respect to the patented invention have net been satisfied or that the patented inveition is not available to the public at a reasonable price, (2) every application under swb-section (1) shall contain such particulars as may be prescribed and the facts upon which the appli- 35 7ation is based, and, in the case of an application other than by the central government, shall also set out the nature of the applicant's interest {3) the controller, if satisficd that the reasonable requirements of the public with respect to the patented invention have not been 40 satisfied or that the patented invention is not available to the public at a reasonable price, may make an order revoking the patent we (4) every application under sub-section (1) shall ordinarily be decided within one year of its being presented to the controller 90 for the purposes of sections 84, 86 and 69, the reasonable réi be deerned to have been satisfied-— jrements of the public shall be deemed not fo have be =e re teatee ta manufacture (a) ii, by reason of the default of tf es 8 in india fo an adequate extent aud supply on reasonable terms the patented article or 4 part of the patented licle which is ioe sary for ite efficient working or ii, by reason ot the refusal of the patentee to grant a licence or licences on reasonaule terms,— when reasonable vequirements of the public deemed noi satisfied (i) an existing trade or industry or the development thereof or the establishment of any new trade or industry ia india or the trade or industry of any person or lasses of per 19 sons trading or manufacturing in india is preiudiced; or the patented article is not being met (ai) the demand fo : to an adequate extent or on yeosonable terms from manufacture in india; or ; export of the patented article 15 (iii) a market for the 3 mauufactured in india is not being supplied or developed or such market capable of being created is not being ereated; or (wv) the establishment or development of eormmercial activities in india is prejudiced; or ions imposed by the patentee (whee o¢ encement of this act) upon the upon the purchase, hire or the manufacture, use or (b) if, by reason of conditi ther before or after the comm grant of licences under the patent, or use of the patented article or process, tent, or the establishment sale of materials not protected by the paten t is prejudiced; 25 or development of any trade or industry in india, or {c) if the patented invent jon is not being worked in india on quate extent or is not being 80 at is reasonably practicable; or a commercial scale to an adet worked to the fullest extent t d article in india is being 30 (d) if the demand for the patente \ ia met to a substantial extent by importation from abroad by— {i) the patentee or persons claiming under him; or (it) persons directly or indirectly purchasing from him; or (i) other persons 2, gainst whom the patentee is not tak- 35 ing or has not taken proceedings for infringement; or i i i tion in india on a © if the working of the patented inven! i © being prevented or hindered by: the importa- : ale i cora proad © tion from abroad of the patented artic je by the patentee or the other persons referred to int he preceding clause ot (2) wher ail application unc tion 89, as the case may he, (2) of section 90 and th s roade on t contreller sinee the sealing of th ua has elapse insufficient to scale to an adequate ext ion to be so wer ed to the fullest extent that is ceasonably practicable, he may, by order, adjourn the further hearing of the application for such period not es ing twelve months in the aggregate as appears to him te ~ ient for lhe invention fo be so vked: 16 be suffic provided that in any case where the patentee establishes that the reason why a patented invention could nct be worked as aforesaid before the daic of the application was due to any state or central act or any rule or regulation made thereunder or any order of the zg government imposed otherwise than by way of a condition for the working of the invention in tndia or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or appatatus then, the period of adjournment ordered under this sub-section shall he reckoned froma the date 20 0n which the period during which the working of the invention was prevented by such act, rule or regulation or order of government as computed from the date of the application, expires (3) no adjournment under sub-section (1) shall be ordered unless the controller is satisfied thai the patentee has taken with prompti- 25 tude adequate or reasonable steps to start the working of the invention in india on a coramercial scale and to an adequate extent 92 (1) where the controller is satisfied, upon consideration of an application under section 84, section 86 or section 89, that a prima 30 procedure for dealing with appliation under tions 24, focie case has been made out for the making of an order, he shail direct, the applicant to serve copies of the application upon the patentee' ahd anyother person- appearing from the register to be interested in the patent in respect of which the application is made, and shatl advertise the application in the official gazette 86 and 89 (2) the patentee or any other person desiring to oppose the 3 ta application may, within such lime as may be prescribed or within such further time as the controller may on application (made either pefore or after the expiration of the prescribed time) allow, give to the contreller notice of opposition 40 (3) any such notice of opposition shall contain a staternent setting out the grounds on which the application is opposed ait (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 sa jon made fowers ot of maicrials not 93 (7) where the controller is satisficd on under section 84 that the man' er ea imps tis ng protected by the pa , oer upon _ grant of eompulsors licenses -d article or process, he may,"  by the patenice upon the the purchase, hire or use of ihe pa subject to the provisions of that sec , ord gr under the patent to such customers of the applicant as he thinks fit as well as to the applicant (2) where an application und: ex seciion 84 is made by a person |, being the holder of a licence uncer the ent, the controller may, ces an order for the grant of a licence to the ayplicant, order ing licence to be ca alted, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended (3) where on an application made under section 84, the control- 7 jer orders the grant of a licence, he may direct that the licence shall nperate— {a) to deprive the patentee of any right which he may have ag patentee to make, use, exercise or vend the invention or to 20 grant licences under the patent; {b) to revoke all existing licences in respect of the invention (4) where two or more patents are held by the same patentee and an applicant for a compulsory licence establishes that the reasonable requirements of the public have not been satisfied with respect to 25 some only of the said patents, then, if the controller is satisfied that the applicant cannot efficiently or satisfactorily work the licence granted to him under those patents without infringing 'the other patents held by the patentee, he may, vy order, direct ihe grant of a licence in respect of the other patents also ta enable the licensee to work the patent or patents in regard to which a licence is granted under section 84 (5) where the terms and conditions of a licence have peen settled by the controller, an application may be made to the controller by m of the terms on the ground that the the licensee for the revisio nd be more onerous than originally ex terms settled have proved to a pected and that jn consequence thereof the licensee 1s unable to work the invention except at a loss: provided that no such application shal! be entertained,— {a) unless the licensee has worked the invention on 2 com- 49 mercial scale for a period of at least twelve months, or (b) a second time (6) the decision of the controller shali be subject to the high court , $4 the powers of the section &4 all be oxe general purposes, that ie to s: wn a  |  granting {a} that patented inventions are worked on a carn ercial compul~ seale in india without undue delay and ic the fullest extent that o'y hie is reasonably practicable; fences  {b) that the interests of any person for the time being work 10 ing or developing an invention in india under the protection of a patent are not unfairly prejudiced 95, (1) in settling the terms and conditions of a licence under terms section 84, the controller shall endeavour to secure— and con- ' aiti {i) that the royalty and other remuneration, if any, reserved compa  wmts to the patentee or other person beneficially entitled to the patent, s0'¥ lis is reasonable, having regard to the nature of the invention, the eeness, expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; 20 (ii) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him; (iii) that the patented articles are made available to the public at reasonable prices, 25 (2) no licence granted by the controller shall authorise the licensee to import the patented article or an article or substance made by a patented process from abroad where such importation would, but for such authorisation, constitute an infringement of the rights of the patentee 30 (3) notwithstanding anything contained in sub-section (2), the central government may, if in its opinion it is necessary so to do in the public interest, direct the controller at any time to authorise any licensee in respect of a patent to import the patented article or an article or substance made by a patented process from abroad 35 (subject to such conditions as it considers necessary to impose relating among other matters to the royalty and other remuneration, if any, payable to the patentee, the quantum of import, the sale price of < the imported article, and the period of importation), and thereupon the controller shall give effect to the directions 40 96 (1) notwithstanding anything contained in the other provi- licensing sions of this chapter, at any time after the sealing of a patent, any of related person who has the right to work any other patented invention either patents ise, may apply ive ov others as patentee or as vicensee thereof, exe! 0 t mentioned ta the controller for the grant ef a licence of the patent on the ground that he is prevented or hi  lice ficiently ot io ihe best 1 te from working the other inv jently ct ie the bes advantage possible (2) no order under sub-section (1) shell be made untess the controller is satisfied - (i) that the applicant is able and willing to grant, or pra- cure the grant to the patentce and his licensees if they 5 of, a licence in respect of the cther inve: terms; and (ii) that the other invention hag made a substan' ; bution to the establishment or development of commercial or industrial activities in india, (3) when the controller is satisfied that the conditions mentioned 15 in sub-section (1} have been established by the applicant, he may make an order on such terms as he thinks fit granting a licence under the first mentioned patent and a similar order under the other patent if so requested by the proprietor of the first mentioned patent or his licensee (4) the provisions of sections 92 and 110 shall apply to licences granted under this section as they apply to licences granted under section 84, 87 (1) if the central government is satisfied in respect of any patent or class of patents in force that it is necessary or expedient 25 in the public interest that compulsory licences should be granted at any time after the scaling thereof to work the invention or inventions, it may make a declaration to that effect in the official gazette, and thereupon the following provisions shall have effect, that is to 30 say— special provision for com pulsory licences 'on notification by central government, (@) the controller shall on application made at any time after the notification by any person intérested grant to the applicant a licence under the patent on such terms as he thinks fit; () in settling the terms of a licence granted under this seetion, the controller shall endeavour to secure that the articles 35 manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights (2) the provisions of sections 92, 93, 94 and 95 shall apply in re: lation to the grant of licences under this section as they apply in 40 relation to the grant of licences under section 84 38 any order tor the grant of a lice: eperaie ag if it were a deed concern ed  tue chapter zvil use of inventions for purposes ox government anb acquisition of inventions by central government98 (1) for the purposes of this chapter, an invention is said to meaning be used for the purposes of government if it is made, used, exercised of use of to ox vended tor the purposes of the central government, a state gov- pavontion ernment or a government undertaking or any other undertaking in |, oo oe a class or classes of indusiries which ihe central government, having govern_ regard to the interests of the general public, may notify in this behalf ment in the official gazette 15 (2) nothing coatained in this chapter shall apply in the case of any such use of an invention as is deemed not to constitute an infringement of the patentce's rights under section 48, 169, (1) notwithstanding anything contained in this act, at any power of time after an application for a patent has been filed at the patent central 20 office or a patent has heen granted, the contral government and any governperson authorised in writing by it, may make, use, exercise or vend nto the invention for the purposes of government in accordance with ventiong the provisions of this chapter for pur ses of (2) where an invention has, before the priovity date of the rele- govern: 25 vant claim of the complete specification, been duly recorded in a ment document, or tested or tried, by or on behalf of the government or a government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention 30 by the central government or any person authorised in writing by it for the purposes of government may be made free of any royalty or other renuneration to the patentee (3) if and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the central 35 government or any person authorised by it under sub-section (1), at any time after the acceptance of the complete specification in respect of the patent or in consequence of any such comrounication as aforesaid, shall he made upon terms as may be agreed upon either before or after the use, between the central government of any person authorised under sub-section (1) and the patentee, or, as may in default of agreement be determined by the high court on a reference under section 103 (4) the authorisation by the central government in respect of an 3 invention may be given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend the inven- 10 tion, (5) where an invention has been made, used, exercised or vended by or with the authority of the central government for the purposes of government under this section, then, unless it appears to the government that it would be contrary to the public interest so to do, 15 the government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the making, use, exercise or vending of the invention as he may, from: time to time, reasonably require; and where the invention has been made, used, exercised or vended for the purposes of a government undertaking or an undertaking in a class or classes of industries notified by the central government under section 99, the cendral government may call for such information as may be necessary for this purpose from such undertaking (6) the right to make, use, exercise and vend an invention for 25 the purposes of government under sub-section (1) shall include the right to sell the goods which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to: deal with the goods as if the central government or the person authorised under sub-section (1) were 30 the patentee of the invention (7) where in respect of a patent which has been the subject of an authorisation under this section, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other 3 benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor, as the case may be, and the reference to the patentee in sub-section (3) shall be deemed to include a reference to 40 such assignor or exclusive licensee 101, (1) in relation to ai u1) in relation to any use of a patented invention, or an in on, of a right, thir part vention in r hie! i vention ia espect of which an application for a patent is x i made for the purposes of government— seme bending, {a} by the contr, vernme y on 2 rised by ? sy the contral government a | ©: ent or any pers thori, he { 'y person autho: i by 5 the central government under section 100; or  ° (b} by the patente ppli the p @ of applicant f pe, to + made by the central govenmnent wf the baten! fo the ordex use invention for pur poses of govern ment, the provisions i sf of any licence, assi made y signinent or agreemeni alter maces ipsther before or after the commencement of thence  ros ¢ e patentee or applicant for the paient (or may sn en lerives title from him or from w: tie) eon wae hom he deri other than the centr, le derives title) and any per: al go y' person as those provisions vernment shall be of no effect so far @) restrict or regulate the us, e for the purposes of govern~ any model, document or information 15 ment of the invention, or o relating thereto, or (ii) provide for ihe makin, 0 f ig of payments i a a ne invention or of the model, document or into oe tion feat 8 ereto for the purposes of government (includi ne pay 20 $ by way of minimum royalty); mens pay" 20 and the reproduction or : the model or document 25 (2) whore the patent, or the ri, patent, has been assigned te wight to apply dor or obtain the , ighed, to the pat i i! pa patentee in consid i ves or aa benefits determined by reference to the ns i royalvente to ane ae payments by way of minimum royally) then mn q use of the invention sof gow aan made for the i 30 oat by g patentee to the order of the cental gen waren', made by ai of section 100 shall have effect as if that use wore © of an authority given under that section; and ena i any ssignor in such proportion as may as may in default of agreement be be agreed upon between them o determined by the high court on a reference under section 103, section (3) of section 100, payments he central government 'or ers s 40 (3) where by virtue of sub ate required to be made by t suthorised under sub-section use of an invention for the pl (1) of that section in respect vot th : urposes of government and where in respect of such patent there is an exclusive licensee authorised under ament, his licence to use the invention tor the purposes of go such such sum shall be shared by the patentee and such licensee upon between them or as mey proportions, if any, as m determined by the high court on a 3 ard to any expenjn default of agreement b: reference under secticn 103 to be just, having diture incurred by the licensee— (a) in developing the said invention; or (b) in making payments to the palentces other than royal- ties or other benefiis determined by reference to the use of the £0 invention, including payments by way of minimum royalty in consideration of the licence  402 (1) the central government may, if satisfied that it is acquisition ot necessary that an invention which js the subject of an application inventions for a patent or a patent should be acquired from the applicant or ts anfents the patentee for a public purpose, publish a notification to that by the effect in the official gazette, and thereupon the invention' or patent central and all rights in vespect of the invention or patent shall, by force governof thig section, stand transferred to and be vested in the central men it government (2) notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent (3) the central government shall pay to the applicant, or, as the case may be, the patentee and other persons appearing on the a5 in the patent such compensation as ernment and the appliregister as having an interest i may be agreed upon petween the central gov eant, or the patentee and other persons; or, as may, in default of agreement, be determined by the high court on a reference under section 103 to be just, having regard to the expenditure in- 3° curred in connection with the invention and, in the casc of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made -during such period by the patentee or by his licensee whether © exclusive or otherwise) and other relevant factors 35 reference 103 (1) any dispute as to the exercise by the céntral governto high court of ment or a person authorised by it of the powers coriferred by secdisputes tion 100, or as to terms for the use of an invention for the purposes as touse of government thereunder or as to the right of any person to made jn pursuance of sub-section 49 for purreceive any part of a payment poses of (3) of that section or as to the amount of compensation payable for ment the acquisition of an invention or a patent under: section 102, may be referred to the 5 (a) if the pater $ way of counter-claim ¢  of ec on any por wilich a patent ma revoked under secti sa, 3 ed under section $4 (b) whett re i ings one "ether & patentee is or is not a part the proceed , pl n issue the validity 2 pa : 0 for ite revere ¥ he patent without petitioning ch i proceedings as aforesaid any question arises @) ifin whether an ir tioned in section 1 ior s r tried | ; wo pen recorded, tested or tried as in menthe teens 2 , the iselosure of any document re: ing ta ton, ov of any evidence of the test or trial thers pe vouke 1g 'nthe opinion of the cent: g : dicial te the nublie sttownn ob © ral government, be prejudicial to the test, the disclosure may be made confidentially to th tial 7 e 20 advocate of the other par pencent ex ic y i party or to-an independent e pert mutually 20 ce: (4) ng ini i he o govenanining under this section any dispute between 'the cntion foe the q and any person as to terms for the use of an voverd trees purposes: of government, the high court shall 'h: y benefit or compensation which that person or ny person from whom he derives title ay have receiy or may be 1e derives tit h: d, be or  mi e receive entitled to receive, directly or indirectly in respect of the use- of tl e f th ef the nvention § aestion for the purposes of go: 'ernment 25 mn im question for the purposes of gov: this section, the high court may "edings or any question or issue of onan ane oan official referee, issi 30 "eferonces ator on such terms as the high court 'maj ire ot and coane e high court in the foregoing provisi ws of this cee om shall be construed accordingly send prowisons of this 'acee in made by a as in the service of the central (6) where the i i 7) ere the invention claimed i person who at the time it was made so isin the wotynn government or of a state gov 35 cobermen ; ernment or was an it undertaking and the subject-matter of the meen, ne 7 vention is certified by the relevant vernment or the principal officer of the e ant go ; r th i rovernment undertaking to be connected with the work done in the course of the normal duties of the government servant or employee employe 488 62, of the government undertaking, then, notwithstanding anything contained in this section, any dispute of the nature referred to in gub-section (j) relating to the invention shall be disposed of by the central government conformably to the provisions of this section eo far as may be applicable, but before doing so the central govern- § nent shall give an opportunity to the patentee and such other parties as it considers have az interest in the matter to be heard  chapter xviiisuits concerning infringement of patents vo 1 ) muance of the threats; and 2 (e) gaeh  byes ban surisdic- 404, no suit for a declaration under section 105 or for any relief 10 (2) uni has sustained thereby tion, if 7 infrt  insti 4 tes ae  ° on, under section 106 or for infringement of a patent shall be instituted pect of which tie ; vaant proves that the acts in resin any court inferior to a district court having jurisdiction to try the would consti £ ere threatened constitute or, if done, suit: slituia, an i cata acig , a the publication of & comulete opociheation in tenet sans brom provided that where a counter-claim for revocation of the patent {5 the specifica' a specification in teapect of a claim of is made by the defendant, the suit, along with the counter-claim, 15 may grani to the ple ' ay the plaintiff to be invalid, the couri vb, shall be iransferced to the high court for decision evol i ce eplanation mmee gover of 105 (1) notwithstanding anything contained in section 34 of the 47 of 1963 does not sonstibite 2 thee mento specific relief act, 1963, any person may institute a suit for @ section  declaration that the use by him of any process, or the making, use or 107 ut  3 sale of any article by him does not, or would not, constitute an 24 e which i 4) in any sult for infringement of a patent, e  : revoledt atent, every - infringement of a claim of a patent against the patentee or the ground fer ne be revokes under section 64 shall be available ag " ees in geholder of an exclusive licence under the patent, notwithstanding i aelence, euita for ins nt, that no assertion to the contrary has been made by the patentee or (2) ina suit for infringement of a patent gr , fringethe licensee, if it is shown— , 'method or process of manufacture of 2 cbs granted in respect ofe ™&™  cad 4 a i  : fa substai ; (a) that the plaintiff has applied in writing to the patentee 25 25 hon 5, any substance of the same chemical connaiten ne to in secor exclusive licensee for 4 written acknowledgment to the cffect in the first mentioned substance shall be presumed fal constitution of the declaration claimed and has furnished him with full partirary is proved, to hove been made by the aforesaid > hie less the conculars in writing of the process or article in question; and or process, patented method (b) that the patentee or jicensee has refused or neglected _ 108 the reliefs which a court may grant i ; f : to give such an acknowledgment 30 30 fingement inelnde an injanction (subject to such terms, if any in reliefs 3 : : e court thinks 3 an ue a terms, if al in suits 2 _ (2) the costs of all parties in a suit for a declaration brought by or an tart eins fit) and, at the option of the plaintiff, either dome - for ini -rstue of this section shall, unless for special reasons the court thinks of profits ss tringe- at to order otherwise, be paid by the plaintiff 109, (1) the holder oi an exclusive licence shall h:  ment (3) the validity of a claim of the specification of a vatent shall in the patentee le  ute a suit in respect of ony, 'one like right right of nat be called in question in a suit for a declaration prousht by virtue 35 35 das patent commit av ih 'e of the licence, and in awardi of feneee of this section, and accordingly the making or refusal of such a mages of an acco profits or grantin ' in awarding to take es such suit the court ae s og any other relief in any declaration in the case of a patent shall not be deemed to imply or likely to b all take into consideration any loss suffered proceed: :  + cepa kely to be sv ce ered j : hat the patent is valid or invalid , ; : case may be, the pe an ive licensee as such or, as the against b (4) a suit for a declaration may be brought by virtue of this goas it constituies an int is by mes ns of the infringement so far infringe-! section at any time after the date of advertisement of aceentance of 40 licensee as such i ' ent of the rights of the exclusive ment 4 the complete specification of a patent, and references in this section gmgipnd,—18 os ' to the patentec shall be construed accordingly a 1833 (bi ls--10  alenk of ks ms amy ¢ court to t of a patent by the jaulder of ath , the patente: hall, unless he ef dded as a defendani, but 2 as oi ant shall not be lable for any © wis unless patentee so adde takes part in the prozeedings 5 he enters an appeare seenee hag been granted under sertion right of 110 any persor 24 shall be entitled to call upon the patentee to take proceedings to prevent any infringemcnt of the patent, and, if the patentee refuses licensee under section 84 or neglects to do so within twa months after being sc called upon, the licensee may institute proceedings for the infringement in his own 10 name as though he were the patentee, making the patentee 2 defendant; but a patentee sc added as defendant shall not be liable for any costs unless he erters an appearance and takes part in the proceed= | to           ||--------------|| proceed-     || ings         || against      || infringe-    || ment        || ings        || restric-     || 4ii         || (1)          || in           || a            || suit         || for          || infringement || of           || &            || patent       || damages      || cr           || 4m           || 15           |nt of profits shail not be granted against the defendant who proves that at the date of the infringement he was hot aware and had no reasonable grounds for believing that the patent existed faplonation—a person shall not be deemed to have been aware or to have had reasonable grounds for pelieving that a patent exists 20 | tion    | on    ||---------|-------|| power   | of    || court   | to    || grant   |       || damages |       || or      |       || account | 'z    || of      | its   |by reason only of the application to an article of the word "patent", "patented" or any word or words expressing of implying that a for intringe- patent has heen obtained for the article, unless the number of the patent accompanies the word or words in question (2) in any suit for infringement of a patent the court may, if it 25 thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a failure to pay any renewal fee within the prescribed: period and before any extension of that period (@) where an amendment of a specification by way of disclaimer, 30 correction or explanation bas peen allowed under this act after the publication of the specification, no damages or account of profits shall be granted in any proceeding in respect of the use of the invention pefore the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was 35 framed in good faith and with reasonable skill and knowledge (4) nothing jn this section shall affect the power of the court to suit for infringement of a patent grant an injunction in any 312 if in proceedings for the infringement of a patent endersed or deemed to be endorsed with the words "licences of right" (otherwise yo than by the importation of the patented article from other countries) restriction on power of court the infringing defendant is ready and willing to take a licence upon anno ° wf such a licence an gran 5 lieence fy ont ce had been grar ~ certain ge cases, r yi pat, , i138 (1) ef in any proceedings befnre @ lon of a patent under section 64 tt ey l 4 the v alidity of a 7   heation is contested and that claim c 2 ir r the revoca- certificate im of a speci of validity to be valid, of spectt certify that the val in thos the vauidily at aan hose proceedings and was upheld bh end es contested coat ; subsequent (2) where any such certificate 3 intrnge subsequent suit before a fa anes ort ae dete if in ment ourt for infringement of that : the ment claim of the 2 for revocation of the patent 'hereot patentee or other person rely- bsteat or in any subsequent proceedin, sh 'ar as it relates to that claim, the ing on the validity of the claim obtai ns a final order or judgment in fe > he shal! be entitled t hull cosas ar n oo an order for the i or proce : ae and expenses of and incidental to any aut o ied ag tespect of which erly incurred so far as they con h "tle in 20 ich the certificate was "the com inging the sui a v he suit or proceeding otherwise dieeten unless the court trying provided that th € casts a: i f i he ordered wh as specified in this sub-secti the court: that he the party disputing the validity of the ely ae fe he vised fe gee s$ not aware of the grant of the conten etees 25 bent pute and withdrew forthwith stones thee ne aware of such a certificate seh defence when he be construed ag rorders in sui ¢ s suits cation to pass orders for costs f i i auth eine contained in this section shall puthonis ig courts hearing appeals from di tingement or petitions for re mm to pa 30 on the scale referred to therein, me 114 (1) if in i l proceedings for infri gement of a patent it is found reli elief for ng a claim in reg; i espect of which inert phat any claim of the specification belt ringement is alleged, is valid, but tl hat any other claim is invalid ment @ court may grant relief in respec 3s east spect of any valid claim which i> partially valid esa specifies ided that the court shall not " grant relief exce ; pt by wa: ances mentioned in subsection 'o injunctio save in the circumst: vag framed » the court shall ged subject 1 good grant relief im re: lot any the date from ced, and in 3 eration the to the diseretion of the cant which damages or an aveount o! exercising such discretion the court conduct of the parties in insert: vation or permitting them to r 145 (1) in any suit for in ding before ether or net 1° a court uader this act, the court may scientific sdvisers an application has becn made by any "nce, appoint tor to inquire and an independent scientific adviser te 2 report upon any such question of fuel or invelving a question of interpretation of law) 29 how for the purpose 1s » shall be fized by (2) the remuneration of the sehen: report and a proper the court and shall include the costs of daily fee for any day on which the eci¢: we may be required to attend before the court, and such remnacration shell be defrayed out of moneys provided hy parliament by law for the purpose 20   chapter xix  cision, order or direc- 116, (1) no appeal shali lie from any de appeals 1 goverament, or tion made or issued under this act by the cent: irom any act or order of the controller for the purpose of giving 25 effect to any such decision, order or direction any of the follow 42) save as otherwise expressly provided in sub-section (1), at appeal shall lie to a high co trom any decision, order or direction of the controller tnder ng provisions, that is to say, 30 section 15, section 16, section 17, section 18, section 19, section 20, section 25, section 27, section 28, section b1, section 54, section 57, section 60, section €1, section 8, action (3) of section 69, section 78, section 84, section 36, section 89, section 93, section 96 and 35 section 97 y and (3) every appeal under this section shall be in writing shall be made within three months from the date of the decision, order or direction, as the case may be, of the controller, or within such further time as the high court may in accordance with the rules made by if under section 158 allow 4a wader ne snall h appeai shall be provided that aay such judge mey, of the proceeding to a bench of th period of twelve months from the date «  chapter 2x penaliresm under contra 118, if any person fails ta comply with any diree ¢ 15 section 35 or makes or causes to be made an appl atinn for e grani vention of of 2 patent in contravention of section 39, he shall be punishisble with searecy imprisonment for a term which may extend to two years, or with provisions fine, or with both, relating to certain 419 if any person makes, or causes to he made, a ialse entry in mo 2o 8ny register kept under this act, or a writing cf ly purporting te tae  fbe a copy of an entry in such a register, or produces or tender 3, or ontiiey is yauses fo be produced or tendered, in evidence any such writing register, i ving the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two wears or with 25 fine, ox with both icle sold by him unautho- 12a, if any person talsely represents that any is patented in india or is the subject of an application for a patent in rised claim india, he shall he punishable with f a of pate: a i ho fine which may axtend -t , patent hundred rupees, ich may extend "to five rights, 0 «explanation i—for the purposes of this section erson s: e 3 hi: > , 2 person shal fa) that an article is patented in india i ; : 2 nadia if is stamped, engraved or impressed on, or otherwise appiied to, the vaticte the word patent" or "patented" or some other word express): or implying that a patent for the article has been obtained in india; 35 (0) that an article is the subject of an application for patent in india, if there are stamped, engraved or 'mprossed : or otherwise applied to, the artiéie the words "patent "applied for  patent pending", or some other words implying that a 40 "pplication for a patent for the article has been made in thdla, ve, unless there is 5 peen obtained of ss or any document a¢ office" or any other words jef that his place of tases: t paten! office, he shall be punishable with imprisonment for « term which may extend to six months, or with fine, ot with both ils to furnish— 422 (1) if any person refuses or f (a) io the central government any information which he is 15 required to furnish under sub-section (5) of section 100, refusal or failure fo supply information (b) to the controller any information or statement which he jg required to furnish under section 146, he shall be punishable with fine which may extend to one thousand rupees " (2) if any person, being required to furnish any such inforraation as is referred to in sub-section (1), furnishes information of statement, which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with iraprisonment which may extend to six months, 25 ot with fine, or with both 123, lf any person contravenes the provisions of section 129, he shall be punishable «with fine which may extend to five jrundred rupees in the case of a first offence and two thousand rupees in the case of a second or subsequent oifence 30 practice by nonregistered patent agents offences by companies 424 (1) uf the person committing an offence under this act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be jiable to be proceeded against and °- punished accordingly: provided that nothing contained in thts sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of % ich offence 40 notwiths nm okt bie) a | hor    | the       | p    ||--------|-----------|------|| {a}    | "company" | :    || fum    |           |      || or     |           |      || other  |           |      || as:    |           |      || {0}    | "direct   |      || firm  |           |      | 1 os 5 chapter zelparent acmrrg tert the controller shali maintain a y i io be called the vegisite of patent agents in which shall be ente es of all 5 persons qualified to have their names so entered ed the names and address of patent under 8ents 2o section 128, 126 (1) a person shall be tified to have his name entered in qu the register of patent namely patent agents he fulfi (a) he is a citizen of india; is the following conditions, hons for  reg istras tion as patent agents, 25 (0) he has completed the age of 21 years: {c}) he has obtained a gree fi ¥ e he / ix degree tr y i y territory of  : e from any university in ¢  ° ¥ : india or bessesses such other equivalent ¢ slifies and, { idit entral government may speci vin th an i" a i 'on '¥ specify in this behalf, (@® is an advocate within the m act, 1961; ae neaning of the advocates 25 of 1981, 3° (i) has passed the for te purposes qualifying examination presoriied : fore tt t of prescribed f une before the sd ¢ : sified to have his 1 ster of paten ons contained in this act and zz sabject te te gs 427 babjeci patent agent whose name is © rights of patent rules made thereur a agents, mi the register ecl— 7 {n) to practise before the controller: and i iness and dis: fh s, transact ail business and ¢ oe on ee an ane be prescribed in connector marge such olher functions as y be pr el with any proceeding before the controller under this i fee , isi tained in sub-section ( 9 subject to the provisions conta in sl ction 2) aie <8 a mule : de under this act, all applications ana wom 15 vera: we ee te the der this act may be signed by 4 verificas  »yynications to the controller under | sf ay te the person hon of patent agent authorised in writing in this certain ger documents concerned by patent we agents: (2) the following documents, namely,  (® applications for patents;  nats: (ii) applications for the restoration of lapsed patents: i e! he time gii) applications for the sealing of patents ws ee at ed for that purpose by or under sub-section (2), allowe: at purr »; nde section (2) of section 43 has expired;  25 (iv) applications for leave to amend; tion; i revoca (v) applications for compulsory licences or for and i ices rrender of patents; (vi) notices of surren oo d and verified in the manner preseribed by the person 5, be signe: \ th ; nese onating such applications or giving such notices / 4 from india, they may he : rson ig absen 5 provided that if such person 's tent agent authorised by verified on his behalf by a p iunea and naan in that behelf him in writing aseli cut as i ageni, held owt, ante: is regise be, unless he aud all bis 2) no cam y or other bady corporate shall pra ctise, describe if or held itself out as patent agents or permit jiself to be so bed or held oat, evxolunaticn--for the purposes of this section, practise ase patent to agent includes any of the following acts, namely: - {a} applying for or obtaining patents in india or elsewhere; (6) preparing specifications or other documents for the pure poses of this act or of the patent law of any other country; tc) giving advice other than of a svientifie or technical na 415 ture as to the validity of patents or their infringement 130 (1) the 'central government may remove the name of any removal person from the register when it is satisfied, after giving that person from a reasonable opportunity of being heard and after such further inregister of woe wk abe lent quiry, if any, as it thinks fit to make— agents and resto- 20 (i) that his name has been entered in the register by error or ration, on account of misrepresentation or suppression of material fact; (i) that he has heen convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the centra? 25 government renders him unfit to be kept in the register, (2) the central government may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom 231 (1) subject to any rules made in this behalf, the controller power of jo may refuse to recognise as agent in respect of any business under thig controller eck to refuse i act— to deal (a) any individual whose name has been removed from, and with a not restored to, the register; agents, 1883 (b)ls—11 : fo serson who has been canvieted of un offence under aga patent agent, who gaged wholly or mainly in 3 - paients in india or elsewhere in : employed; : , person whom the controller "tof any business under er ef the comp: nise ab agent im respect of ho neither resides nov } el any person ww a place of basiness in india 122 nothing in this chapter shali be deemed ta prohibit— 15 e icant for a patent or any person, mot being a (a) the applicant fcr a paten' c a patent agent, who is duly authorised by the applicant from draft savings in respect of oiber persona authorised ing any specification or appearing or acting before the controller; or fo get bb agente (by en advocate, not being a patent agent, from taking pat  in any proceedings under this act otherwise than by way 0! 20 ing any specification chapter ket  international arrangementsnotifice~ ion as to convention cmunces, 133 (1) with a view to the fulfilment of a treaty, convention ; arrangement with any country outside india which affords a apple 25 eants for patents in india or to citizens of india similar priv ges ot ake granted to its own citizens in respect of the grant of pal n ee the protection of patent rights, the central government may, by oh fication in the official gazette, declare such country to be a conv tion country for the purposes of this act 30 (2) & declaration under sub-section 60) may be made for the or poses cither of all or of some only of the provisions of this act, an a country in the case of which a declaration made for the purposes © some only of the provisions of this act is in force shall he deemed to be a convention country for the purposes of those provisions only 35 134, where any country specified by the central government is this behalf by notification in the official gazette does not econ ° citizens of india the same rights in respect of the grant of et ent sand the protection of patent rights as it accords to its own nationals, ni' notification as to eountries not providing recipro~ olty national ot su nt with any other perso: (a) te the pe patent; or fe} to apply for granted under this act 135 (1) without prejudice io the 10 8, where a p an invention ia a convention country (hereinafier "basic application"), and that verson or the legal assignee of that person makes an application un t patent within twelve months after the date on teh the basic ap- 1§ plication was made, the priority date of a claim of ithe complet specification, being a claira based on matter disclosed in the basic application, is the date of making of the basic application explanation—where applications have been made for similar protection in respect of an invention in two or more convention 20 countries, the period of twelve months referred to in this sub- tes shall be reckoned from the date on which the earlier or earliest of the said applications was made (2) where applications for protection have been made in one or more convention countries in respect of two or more inventions 25 which are cognate or of which one is a modifieation of another, a single 'convention application may, subject to the provisions contained in section 10, be made in respeet of those inventions at any time within twelve roonths frara the date of the earliest of the said applications for protection: 30 provided that the fee payable on the making of any such application shall be the same as if separate applications have been cade in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case af any such application, apply separately to the applications for protection 35 in respect of each of the said inventions 136, (1) every convention epplication shall— {a) be accompanied by a complete specification; and i (b) specify the date on which and the convention country donvontee in which the application for protection, or as the case may be, ameliea 4o the first of such applications was made: and hens {c) state that no application for protection in res} invention had been made in a convention country date by the applicant or by any person from whom he derives title (2) subject to the provisions confained in section 10, a complete specification bled with a convention application may include claims in respect of develupments of, or additions to, the invention in res- 5 pect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section § to make a separate application for a patent (3) a convention application shall not be posi-daied under sub- 10 section (2) of section 17 to a date later than the date on which under the provisions of this act the application could have been made 187 (1) where two or more applications for patents in respect multiple priorities of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, 15 one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the entlier or earliest of those applications was made, in respect of the javentions disclosed in the specifications which accompanied the basic applications {2) the priority date of a claim of the complete specification, being a claim based! on matters disclosed in one or more of the basic applications, is the date on which that matter was first so gisclosed a (3) for the purposes of this act, a matter shall be deemed to 2: have been disclosed in: a basie application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior act) in that application, or any documents submitiea vy the applicant for protection in support of and at the same time as tha aplication, but no account 30 shall be taken of any disclosure effected by ony such document un- jess a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application 138 (1) where a convention application is made in accordance 34 with the provisions of this chapter, the applicant shall furnish, in supplenentary provisions addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country in which the basic application was made, certified by the official chief or head of the patent 4o | as       ||----------|| conven  || tion     || applica- || tions   |office of the convention country, or otherwise verified to the satisfaction of the controller, along with the application or within three months thereafter, or within such further period as the controller may on gocd cause allow (2) if an such specificaiion or other document is in a foreign fication ur document, janguage a tr verified by affidavit x5 ich an applica purposes of this act, the date tion was made in a con ion coumiry is such da the control ler is satisfied, by certificate of the offic head of the patent office of the convention country or otherwise, is the date on which the application was made in that convention country 139 save as otherwise provided in this chapter, all the provisions other proof this act shall apply in relation to a convention application and isions of a patent granted in pursuance thereof as they apply in relation to sent ta an ordinary application and a patent grant i pursuance thereof conven tion applicas tions  chapter zxui miscellaneous1s 440 (1) it shall aot be lawful io insert— avoidance @® im any contract for or in relation to the sale or lease of of ceztain a patented article or an article made by a patented process; or eee (ti) in a licence to manufacture or use a patented article; or 20 (iii) in a licence to work any process protected by a patent, a condition the effect of which may be— (a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or ¢o restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor o7 his nominees, any article other than the patented article or an article other than that made by the patented process; or (b) to prohibit the purchaser, lessee or licenses from using, 30 or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the, vendor, lessor or licensor or his nominee; or (c) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purehaser, lessee or heensee tu process other than the patented process; and any such condition shail be void clause («} of clause (2) a condition of the w {b) ov clause (e) of sub-section (2) shall noi cease to be a condition § falling within thal sub-section merely by veason of the fact that the agreement containing hes 1 entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process (3) in proceedings against any person tor the infringement of 10 a patent, it shall be 2 defence to pro that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section: provided that this sub-scetion shall not apply if the plaintiff is not a party to the contract arxi proves to the satisfaction of the +5 court that the restrictive condition s inserted in the contract without his knowledge and consent, express of implied (4) nothing in this section shall— by which a person is 1 those of a particular 20 (a) affect a condition in a cont prohibited from selling goods other  person; (b) validate a contract which, bul for this section, would be invalid; (ec) affect a condition in a contract for the lease of, or jicence to use, a patented article, by which the jessor or licensor 25 reserves to himself or his nominee the right to supply such new parts of the patented article as may pe required cr to put of keep it in repair (5) the provisions of this section shall also apply to contracts made before the commencement of this act if, and in so far as, any } restrictive conditions declared unlawful hy this section continue in force after the expiration of one year from such commencement 141 (1) any contract for the sale or lease of a patented article determination of certain contracts or for licence to manufacture, use or work a patented article or process, or relating to any such sale, iease or licence, whether made 3< before or after the commencement of this act, may at any time after the patent or all the patents y which the article or process was protected al ceased ta by: contrary in the con ; the pur chaser, lessee, ar ving § tlree mon fotice in jadice to om this 2} the provi any right af dceiermini section 142, (2) there sholl | id i  shall be paid in respect uf the grant "ees, ; 2) there | x sect grant of patents fees 10 ae applications therefor, and in respect of ofher matters in relation 0 the grant of patents under this act, such fees as may be preserib ed by the central governrnent —_ (2) where a fee is payable in respect @ is payable in respect of the doing of an aet by the controller, the controller shall no re 6 of an ae by 15 been paid, , the controller shall not do that act until the fee has j & where a fee is payable in respect of the fling of a document at the patent office, the docurnent shall be deemed not ta have been filed at the office until the fee has been paid so fe (@) where a principal patent is granted later than two years om the date of the application for patent, the fees which ha become due in the meantime may be paid within a term of th ve months from the date of the recordal of the patent in the register, ' ms subject to the provisions of chapter vii, an application restric- 'or a patent and any specification filed in pursuance thereof, shall "ors 25 not, except with the co ; ; @ thereof, shall upon controll consent of the applicant, be published by the publi- 'ontroller or be open to public inspection at any time bi cation of date of advertisement of acceptance of th ay time before the specifica of section 23, a @ application in pursuance ons 144, the reports of examiner: ss a s to the controller under thi ri 5 mn) under this act reports 3 shal not be open to public inspection or be published by the con- cxami ie er; and such reports shall not be liable to production or inspec- febecon" ion in any legal proceeding unless the court certifies that the pro- fdential duction or inspection is desi i i justi faction o» insp esirable in the interests of justice, and ought 35 provided that the controller may, on application made in the lane eal a by any person, disclose the résult of any search under section 13 in respect of an: icati a 'y application for a ft where the complete specification has been 'published poten 145, 'the controlier shall issue periodically a publication of pat- publication ented inv g such information as the central govof pate ernment ma 448, the controller may, at any time during the continuance of ted inventions, power of controller the patent, by notice in writing, yequire a patentee or @ licensee, exclusive or otherwise, to furnish to him within two months from to call for information from patentees, the date of such notice or withia such further time as the controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in india as may be specified in the notice gned by the controller 147 (1) a certificate purporting to be sii as to any entry, matter or thing which he is authorised by this act evidence af entries, documents, ate or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done 15 (2) a copy of any entry in any register or of any document kept jn the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof 2° or production of the original (3) the controller or any other officer of the patent office shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes 448 (1) if any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything re- 30 quired or permitted by or under this act, the lawful guardian, committee or manager (if any) of the person subject to the disability, declaration by infant, lunatic, ete or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, 35 and do such thing in the name and on behalf of the person subject to the disability ay be made by the court for the purposes (2) an appointment mi of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested 4o in the making of the statement or the doing of the thing 44% any notice required or authorised to be given by ov this act, and any application or other decurnent so authoris required to be made ar filed, may he given, made or filed by ©  458 if any par whom notice of amy opposition i wa & this aet or by w ration, nade to the control e grant of a licence under a patent neither resides nor carrics business in india, the controller may require him to give sec for the costs of the proceedings, and in default of such security be given may treat the opposition or application as abandoned 10 0 , asl ad every order of the high court on a petition for revaration, including orders granting certificates of validity of ony ela shall be transmitted by the high court to the controller who shali ° courts to controller, cause an entry thereof and reference thereto to be made in, the register ts (2) where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid as the case may be, the court shall transmit a copy of its judgment and decree to the controller who shall on receipt thereof cause an 20 entry in relation to such proceeding to be made in the prescribed manner in a supplemental record (3) the provisions of sub-sections (7) and (2) shall elso apply to the court to which appeals are preferred against decisions of the courts referred to in those sub-scctions, 25 152 copies of all such specifications, drawings and amendments ny 5 left at the patent office as become open to public inspection under the provisions of this act, shall be transmitted, as soon as may be, after the printed copies thereof are available, to such authorities as the central government may appoint in this behalf, and shall be 30 open to the inspection of any person at all reasonable times at places transmis~ sion of copies of specifications, ete and inspection thereof ta be specified by those authorities and with the approval of the central government 153 a person making a request to the controller in the prescribed manner for information relating to any such matters as may be information relat ing to patents 35 prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly 154 if a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the controller, the controller may loss or destruction of patents, i) at any time, on application made in the prescribed manner and on  reportsnt centrojier ip be plac before parliament, govern+ ment, in this act shail affect the power of the government right of government to ox cf any person deriving title directly or indirectly from the 10 government {o sell or use any articles forfeited under any law for the time being in force aell or use forfeited articles, 458 vhe high court may make rales consistent with this act ae e conduct and procedure in respect of all proceedings before az ict this act it und power of high courts to make rules  (2) the central government may, by notification in the its } gazette, make rules for carrying out the purposes of this act off power of central government to make rules {2} without prejudice to the generality of the foregoing power, the central government may make rules to provide for ail or ar of the following matters, aamely+— 20 (i) the form and manner in which any application for a or drawings and any other application patent, any specific or document may be filed in the patent office; > within which any act or thing may be done peluding the manner in which and the ime 25 be advertised under this act; v any mater m2 the fees which may be payable under this act and the notuse of payment of such fees; {ix} the matters in respect of which the examiner may make a report to the controller; - = 130 fs) the form of request (ou which any uotice may load fait 'ati avi res have alter the f {ylit) the estanlish and the regulation general including its branch off io giz) the maintenance of th matters to be entered th (x) the matters in respect of wh a civil cou have powers of ner in which the reg: (xi) the time when aad the c 13 spection may be inspected and any other document open to under this act; 1 (wii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; (citi) the manner in which any compensation for acquisition by government of an invention may be paid; (wiv) the manner in which the be maintained; the canduct of quality: evister of patent agents may examinations  for and patent agents; and matters connected with their pre conduct, including the taking of discip! proceedings against 25 patent agents for miscondt e mak (xv) the regulation of t setling of indexes to, and abridgmen's of, , printing, publishing and 'secifications and other spection of indexes and documents in nt office; and the $ abridgments and other document 30 (xvi) any other matter which has to be or may be preseribed (2) the power to make rules under this section shall he subject to the condition of the rules being made after previous publica tion 160 every cule made under this act shali be laid, as scon as may be after it is made, before each house of parliament while it is im 5 session for a total period of thirty days which may be comprised in ic one session or in iwo successive sessions, and, if before the expiry 5 rules to i e placed before parliament, of the session in which it is so laid or in the session immediately following, both houses agree in making any modification in the rule er both houses agree that the rule should not be made, the rule shall y5 | thereafler have effect only in such modified form or be of no effect, | ag the casc 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, (1) where, as a result of action taken by the controller 15 29) of 1948 under section 12 of the atomic energy act, 1948, or under section 20  of the atomic energy act, 1962, an application for a patent made before the commencement of this act could not be accepted within the time specified for the purpose in the indian patents and designs act, 1911 (hereafter in this section referred to as the repealed 2° 9 o¢1911 act), and, consequently, was deemed to have been refused by reason of sub-section (4) of section 5 of the repealed act, the application may, if the applicant, or, if he is dead his legal representative, makes special provisions with respect to certain applications deemed to have been refused under act 2 of 1911 a request in that behalf to the controller in the prescribed manner within three months from the commencement of this act, be revived 25 and shall be disposed of as if it were an application pending at the commencement of this act to which the provisions of this act apply by reason of sub-section (3) of section 162 (2) the controller may, before proceeding to act upon any such request as is referred to in sub-section (1), refer the matter to the 30 central government for directions as to whether the invention is one relating to atomic energy and shalt act in conformity with the directions issued by it ' (3) where in pursuance of any such application as is referred to in sub-section (/) a patent is granted, the rights of the patentee shall 35 be subject to such conditions as the controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention before the date of advertisement of the acceptance of the complete specification, 40 (4) 4 patent granied in p e of any such application es is referred to in sub-section (7) shall be on which the request for reviving such applicat: minder  subseetion @2) wl 162 (1) the indian patents and designs act, 1911, in so far as it repeat of selates to patents, is horeby yepevled, that is to say, the said act shall 7", ~ of : ents ' isti in se be amended in the manner specified in the schedule far as it relates te - cstecte as ; ae   patents (2) notwithstanding the repeal of the indian patents and designs ang act, 1911, in so far as it relates to patents— savings ra (a) the provisions of section 21a of that act and of any rules made thereunder shall continue to apply in relation to any pateni granted before the commencement of this act in pursuance of that section, and 33 of 1962 (6) the renewal fee in respect of a patent granted under ts that act shall be as fixed thereunder (3) save as otherwise provided in sub-section (2), the provisions of this act shall apply to any application for a patent pending at the commencement of this act and to any proceedings consequent thereon and to any patent granted in pursuance thereof 16-of 1897, 20 (4) the mention of particular matters in this section shall not prejudice the gencral application of the general clauses act, 1897, with respect to repeals (5) notwithstanding anything contained in this act, any suit for 23 infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this act, may be continued and disposed of, as if this act had not been passed, of l911 163 in sub-section (2) of section 4 of the trade and merchandise amend marks act, 1958, the words and figures "and the controller of ment of patents and designs for the purposes of the indian patents and act 43 of jo designs act, 1911" shall be omitted 1958  amendments1 long title —omit " 2, preamble—-omit 3, section 1—in sub-section 4 section 2—- {a) omit clause g); {b) in clause (2) omit "(as te: (c} for clause (8), 2 ca fe 3 & ® ® 5 a cs s g 8 and merchandises 43 of 1958 a trade maris: ction dof the trade (3) "controiler' patents, designs an section (1) of marks act, 1958); defined in section "trade 1 (d) in clause (8) for ag gofir d in clause (v) of sub- 15 erchandise mark: vehandise marks 45 4: 1958, of the trade and me pe 478", substitute "trade ta section (j) of section 2 act, 1958"; (2) omit clause (8); (f) in clause (d- foe "punjab", substitute "delhi"; 29 g@) in sub-clause (6), ) after sub-clause (€), insert— (ca union tersitories of dadra goa, daman and diu, the high "(fy in relation to the and nagar haveil and go court of bombay the unioa territory of pondi- 25 {g) in relation tc cherry, the high court o ma a jerritory et chandito the u y and haryana"; (h) im relati court of pu garh, the hig (0) and (15 {g) omit clauses (3, rbstitute— (h) for clause (22) means the patent office referred to ©(12) "patent offic of the patents act, 1967' in section 74 5, omit part 1 84 aid in veapect of the registration of deand im respect of other matters et such fees as may be preseribed 10 signs and applications relating io by the cont 10, omit scetion 594 omit sub li scetion 62 15 12 por section 62, subst nev raay, om request im writing accompanied power "62 the by the ee, correct any clerical error in the repre- of yin the name or address of the proprietor come! ler to 20 register of designs" soviet clerical errors, 13 section 63— (a) in sitb-section (/1, omit "to a patent or" and "patent or"; i "patent or' and for "patents , substitute "designs,"; 7 "patent or" wh pression occurs; wherever that ex- (d) in sub-section (4), orait 'to a patent or" 14 section 64— 30 patents or" and omit "either" {¢) wherever 30 nl {5), omit clause (a) {b) in subs 15 omit section 66 16 section 67--omii "for ; mit "for a patent, or for ar 2 + eation or of a specification or" amendment of an appli- 35 17 section 69—in sub-seetion (j), omit "io grant a patent for an invention or" 18 section t1a—omit "or from patents, specifications and other", ; ' i test : th :  the design im indig 18 omit section 72 '  " im th tion as that within which 20 omit sections 744 and 765  i 8 7 (3) the application for the reg jon of a design under 21, section 76— : this section must be made in 1 (a) in sub-section (j}, omit "other"; (b) in sub-section (2), in clause (c), omit "opponent" (4) where it is made to appear to the central gov: ny : ernment 22 section 77— {a) in sub-section (1)— (@ in clauses (c) and (¢)}, omit "specifications"; | satisfactory provision for the protection of designs registered sutbes to in india, the central government may, by notification in the ofreial gazette, direct that the provisions of this section, with suc jati ith  , we oe ene) aihtate 1s sa waniations or additions, if any, as may be set out in such "(e) providing for the inspection of documents in the patent office and for the manner in which they may be published;"; : 1s 25 omit the schedule (dt) omit clause (eee); {b) omit sub-section (2a) 23 omit section 78 24 for section 78a, substitute— "7ga, (1) any person who has applied for protection for reciproany design in the united kingdom or his legal representative or | , arrange assignee shall, either alone or jointly with any other person, i ment be entitled to claim that the registration of the said design under t we this act shall be in priority to other applicants and shall have kingdom the same date as'the date of the application in the united kingi and dom: 25 other common- provided that— wealth   countries, (a) the application is made within six months from the application for protection in the united kingdom; and (b) nothing in this section shall entitle the proprietor of the design to recover damages for infringements happen- s ing prior to the actual date on which the design is registered in india,  : 5 eation may be made @ same manner as an ordinary i application under this act, 10 that the legislature of any such commonwealth country as may : be notified by the central government in thig behalf has made ay tet : : : ation, shall apply for the protection of designs registered | in that commonwealth country", i  statement of objects and reasonsthe existing indian patents and designs act was enacted in i9tt and since then there have been substantial changes in the political and economic conditions of the country, the need for a comprehensive law so zs to ensure more effectively that patent rights are not worked to the detriment of the consumer or to ihe prejudice of the trade or the industrial development of the country was felt as early as 1948-and in that year the government appointed the patents enquiry committee to veview the working of the patents law in india the committee submitted its final report in 1950 the patents bill 1953, based largely on the uk patents act, 1949 and incorporating some of the yecommendations of the committee was introduced in the lok sabha on 7th december, 1953 the bill, however, lapsed on the dissolution of the first lok sabha 2 in 1957, the government of india appointed shri justice n rajagopala ayyangar to examine afresh and review the patents law in india and advise the government on the changes necessary the judge submitted a comprehensive report on patents law revision in september, 1959 the patents bill, 1963; based mainly on the recommendations contained in his detailed report and incorporating a few more changes in the light of further examination made particularly with reference to patents for food, drugs and medicines, was introduced in the lok sabha on 2lst september, 1965 this bill was referred on 25th november, 4965 to a joint committee of parliament, the joint committee, after a careful consideration of the matter, adopted a number of amendments to the bill the report of the joint committee, with the amended bill, was presented to the lok sabha on 1st november, 1966 the patents bill, 1965, as reported by the joint committee was formally moved in the lok sabha on 5th december, 1966, but could not be proceeded with for want of time and eventually lapsed with the dissohition of the third lok sabha on 3rd march, 1967 mprehensive provisions to amend 3 the present bill contains co! and consolidate the existing law and also contains the amendments recommended by the joint committee referred to above the notes plain the provisions of the bill, wherever necessary en clauses ex] fakhuruddin ali ahmed new deum; the lth august, 1967  @ different ; act inte force on different dates as it may not be pi some of the provisions of the act which impose additional duti the patent office into force immediately after the bill is ens clause 2—the definition of 'invedtion' in the existing act has been, modified so as to represent more accurately the existing position as defined by ease-law several new definitions have also been ineluded for example, a definition oi 'person' has been included in order to remove any doubt as to whether it includes the govern, ment a definition of 'government underiakins' has become neces~ sary in, view of the occurrence of this expression in several-places in the bill in the new definition of 'true and 'first inventors' it is made clear thatit dees net include the first importer of the invention and the first communicatee from abroad clause 3—in this clause are set out the several types of inventions or alleged inventions which are regarded universally or almost universally as not being patentable in view of the non-availability of case-law on the subject in india, it, would be advantageous to codify this part of the law as generally understood and applied clause 4—for making this law self-contained, a reference to sec- gon 20 of 'the atomic energy act, 1962, is included under which no patent can be granted for inventions relating to atomic energy clause 5—in the case of inventions relating to baby 'and invalid food, medicines and drugs it' would not be in the interests of an under-developed country like india to grant patents in respect of the substances themselves but there is no such objection in relation to the processes involved and' also in reldtion  ta: the substances when produced by such processes this clause accordingly restricts patentability, to the processes involved in the manufacture or production of such substances and to the substances when produced by such processes clouse 6—this replaces sub-section (1) of section 3 of the existing act, but has been remodelled on the lines of section 34 of the australian patents aci, 1952 and section 1 of the uk patents aci, 1949, by expressly including assignees, legal representatives, tc among persons entitled to apply for patents clause 7 dealing with the form of application seeks to make it clear that 'every application shall be for one invention only clouse &—as the majority of the applicants for patents in india are foreign nationals and as in several cases the application in india is'for the same or substantially the same invention as that for which a patent has already been applied for in a foreign ecuntry, this clause seeks to ensure that all relevant information as respects such foreign invention ig made available to the controller for the purpose of disposing of questions relating to novelty of invention, patentability, ete, clause %—this clause replaces section 4a of the existing act 'the inerease in the time limit, namely, fifteen months in all in subclause (1) should benefit indian nationals to get the complete specifications in proper order for being filed clause 10—this clause dealing with contents' of specifications corresponds to section 4 of the existing act but has been amplified in the light of section 4 of the uk patents act, 1949, clause 11—this clause seeks to: make provision respecting -the priority date for each claim of a complete specification and is based on section 5 of the uk patents act, 1949, and sections 44 and 45 of the australian patents act, 1952, but its scope is enlarged in order 'to provide for the various contingencies which may arise in the determination of the priority date for each such claim clauses 12 and 13—the existing act does not contain any specifie provision requiring the controller to make a compulsory search for ascertaining the novelty of an invention before its acceptance these clauses make it obligatory for searches to be made by examiners in respect of all patent applications clause 12 also prescribes the time-limit within which such searches should ordinarily be completed anticipation by publication is not to be confined to publication in india as at present and publication of an invention in india or any foreign country before the priority date claimed would constitute anticipation such a provision will enhance the commercial value attached to indian patents clause 14—this clause is intended 'to make it clear that the applicant should be given an opportunity of being heard before any objections raised by the examiner are upheld by the controller clause 15 deals with ike application for patent may be clauses 1§ te 20— these clauses: deal wi suitable orders, under clause 18, where an application and the claims based thereon relate to move than one invention, the controlier may allow the applicant to amend the complete specification by confining it to a single invention clause 17 deals with the powers of the controller for the purpose of post-dating applications, clause 18 deals with the powers of the controller in cases ef anticipation clause 19 deals with the powers of the controller in cases where an invention cannot be performed without risk of infringement of some claira of an earlier patent clause 20 deals with cases where substitution in the names of 'applicants becomes necessary clause 21—this clause provides for the maximum limit of time within which an application or a complete specification should be accepted if the application is not to be regarded us abandoned, as the subject-matter in all these cases is the complete specification, time should commence to run from the date of the complete specification and not from the date of the application' as under section 5(4) of the existing act it would also be necessary to provide for further extension of time where delay takes place in the office of the controller by reason of the investigations to be made by the examiner sub-clause (2) contains the necessary provisions in this behalf clause 22 makes provisions similar to those contained in section 13(1) of the uk patents act, 1949, as respects acceptance of complete specification clause 23 deals with 'advertisement of acceptance of the com plete specification and replaces section 6 of the ex ting act, clause 24—this corresponds to section 7 of the existing act except that the rights and privileges of the applicant commence not fram the date of the accepiance of the application as the existing act but from the date of the acceptance af the coraplete pec: ation, clause 25—this clause purports to retain th procedure for opposition to the grani of patents as being the pubfor oppesition lic interest, at the same time enlarging the grounds mentioned in section 9 of the existing act clause: 26 deals with cases of 'ebtaini which are brought to authorise the controlier light in opposition proceedings and secks to to deal suitably with the opponeni's claim im such cases clause 27—-this clause, modelled on section 15 of the ut patents act, 1949, would be useful where anticipatory publications are brought to the notice of the controller without the informant filing a formal opposition to the grant clause 28—this clause seeks io give recognition to the right of the first inventer to be mentioned in the patent, if he so desires, although he may have parted with his proprietary interest therein clauses 29 to34 seek to afford guidance to the controlier in determining what constitutes anticipation under'the other provisions of the law (for example, clause 13) clauses'35 to 42—these clauses replace in a more comprehensive manner section 21a of the existing act and are intended to secure that inventions relevant for defence purposes which are the subjectmatter of applications for patents are in the interests of national security kept secret any secrecy orders passed by the controller in respect of such inventions are to be notified to the central government and are to be periodically reviewed though applications which are subject to secrecy directions may proceed up to the stage of acceptance they may not be advertised and no patent shall be granted in respect thereof it is also provided that no person: resident in india shall,'except with the prior permission of the controller apply for a patent outside india unless an application for patent for the same invention has been made in india not less than six weeks before the application outside india and either no secrecy directions have been made in india "or such directions have been revoked ariy contravention of secrecy directions will, apart from any criminal liability, render the applicant ineligible to proceed with the application payment by way of solatium is also provided for an applicant who may suffer hardship by reason of any secrecy directions tncidentally it 10(2) for the s of the compl hon +k pd makes ; ; } ion the oe the patent and not the date of the application'as in the existing aci [compare ui the ue, patents act 1949 and 5 co tion 67(l) of the australian petents act, 195: ch 8 replaces see 1 3 a ause 46 replaces section 12 of the existing aci relating te the effect extent and form of pateri in 2 modified form, , clause 47 seeks 1o define in clear terms the rights of a patente rights which rave at present te he determined with reference ve decided cases, in the case of a patent tor a process' it is sought to be made clear that the patentee has the exclusive right 0 the sal in india of article: de by the patented process "such a pr wis " would be of advaniage to indian pétentees, "eee clause 48-—this clausé seeks to provide that the importation o making by or on behalf of the government of any patented imachiri  apparatus or other article for the ptirpose merely of its own : tise and the importation by or on behalf of the government of an: _ tented medicine or drug 'for' the purposé merely of its owti nad for distribution 'in certain dispensariés, hospitals or meilical westit: tions shall not' be regarded as an infringement of patent tigh' : the : clause also provides that the use of patented inventions in the course of research as distinguished from use tor commercial pur 0s will not be regarded 'as infringement of patent rights, vee clause 49 replaces section 42 isti u : sg 2 of the existing act and at + same time seeks to ensure reciprocity 5  the mee 50—this clause which ig in modification of section 37 of he existing act, seeks to define the rights inter se-of joint paten tees and follows 'section 54 of the u:k patents act, 1949 tn ade, tion ta cases where a patent has been granted to 'two or more on sons, this clause also covers cases where registered owneérshi ke  patent has arisen by assignment or devolution pie clause 51, modelled on section 55 'of the u:k patents act, 1949, seckks to authorise the controller to give directions to co-owners with respect to the exetcise of their rights wherever necessary ° ause 5% secks e! e gecti 2 f the existing act and use 5% seeks to replace section 13{2} of the  meh ot clause 5% see! 1 rides for cases where patents have to be vevoke the provides ca dd true and first inventor this clause seeks & every pat 2 modifications the term covery pa clause 53 act with sui it hereatter but n years and not sixteen years as the ca: _ atents e f medicine and drug, where he of patents in the field of food, med g in the cas a hen proi s d the substance w! : r fi roducing a substance an a nen duced coy cach wrooess alone will hereafter be eens ee duced 3 the term will be ten years the fom ot xe ne potent tthe field ef food, medicine and drug would, howe i ven pene ink af f their life or for a peri the remaining period 0! ' fe ee trom the commencement of the new act whichev 3 i 7 the uk patents led on section 26 of t! ts 4, 55 end 56—modelle > : tee at the at £ tom, 'hese clauses considerably modify seetion ae 'isting 'act dealing with the grant of patents o! exis' § t pect of improvements and modifications lications clauses 57 to 59—these deal with amendments of applies ors cc fat ( contro: : l specifications before the 6 eter afin a court he scope of permissible amendments pei at aiken nan 'gnve of an application or a complete specificatio! the coveptance oy ek - 59 it is sought to be made clear that a se ee ae ie paneer 4 i such amendments hax f ecification, only suc pot bave th one et vnaking the claims wider or larger pen thos sneeifcation before amendment will bepermissible : : gti ct and seek " claises 60 to 62 replace section 16 of the existing act storices of i a al moze elaborately with ae be f on wed and the conditions 0 de: to be followed a c rocedure to s, lapsed patents arepesed in connection with such restorations which may use 63 deals with voluntary surrender of patents it is now clause 63 d st i dvertised ided that in addition to the offer of surrender being a vit their pro' i id 1d be notified an  in the patent shoul f ted ay ration, paw nonsicerea before the surrender is accep opposition, y, tj ts 6 se and with section 64 deals pedings for rei osed that pracees t isting act it is now prop een: voce 26 of one ould ie only in the high court rhe ground ot peeve clause of patents replaces revocation tom are tion are ni ow amplified in the light of exe en ean person ; oes ° ' i itions under this clause i ; mo aoe rover inte oct and also to the central government:-to apply interes' tion clause 65 is new re mpower the cont specification arne;  patent or to have invention relates clause 66—this reprod suitable ga: eguards and is the countey s$ national etonamy, clause 67 seoks to provide for the mainlenay gister and the particul, ats ta be entered into ai preseni plete information as 3 the same cannot he s clause 68 sceks to pro patents which is registradle should be enie in the soon as possible after the: transaction while patent re isters furnish conn prietary interests, interests, regards proaid of licences ang other clauses 69 and 70 deal with the registration of pruprie terests in patents and the power of registered if tors to deal with such patents, clause 71 seeks to provide for the rectific, the high court, ation of registers by clause 72 seeks to dectare tha t the register shall be open to publie inspection clauses 73 to 76 deal with clausé 75 which is new seeks xcept by way of inhich is also new, requires the office from acquiring any interest in batenis e: heritance or bequest clause 76, w employees of the patent office (upc 1 pain ef punishment) to ob- sefve secrecy in tespect of confiden: tial information and documents to which they may h lave access in the discharge of their duties, the general powers of the controller clauses 77 to 81 deal with and their exercise the power: errors in patents or in specific: register, 's include a power to correct clerical 'ations or in other doeumenis or in the \ + he purposes of includes an ex- clause 82 contains certain special definitions, for chapter xvi it has to be made clear that a patenteo clusive licensee who has the sol € vight to grant a sub-licence, clause 82 séeks to emphasize as does clause 94 from another aspect that the main purpose for which a paten: the invention worked in this country t is granted is to have to its advantage, heerc]es wed) in the plioge 3 isting aer clause 86 replaces sections ihe ¢ act, che right at of patents entra g £ as "persons | a cire that other persons to obtain heences he field of drugs, for chemical inz words "licences yy compulsory licence, tances other than cher y respect of is sought to be regel: a 88 suitable proviapplicant re also being made to le a for a licence to iy lon ding smination of the roya visions are intended to secure the preper developm: drug and chemical industries in the country clause 89 seeks to vest a residuary power in the controller to revoke a patent in the event of the invention nct bemg worked to an adequate extent in the country or not being available to the pub- vie at a reasonable price notwithstanding the compulsory vieensing provision, etc such a provision will also have the indirect cffect 4 inducing patentees to imparl to heensees sufficient details as to the know-how for working inentions the clause slso lays down che time limit for the disposal of applications for revocation of patents, clause 90 seeks to define what is meant by the expression "reahave not been satisfied" for the sonable requiremenis of the py parposes of the preceding clauses in the context of an under-developed country hike india clause 91 seeks to empower the controller to adjourn asy proceeding under this chapter for a per od not exceeding 12 months se ag to cover cases where it is sought to be shown that the time netween the sealing of a patent and the apolication under this chapter is not sufficient to enable the patentee to work the invention to an adequate extent & power heences to royalty aad ofner d other matters, clause 9? seeks te sisting act use 99—for governmenis nment undertaking is res cauivale tn addition, the powers scusht to be confe: red @ ito be invoked in relation to cer : private sector which may be notified for th ce: pres 1 government the © pases of government i heing su cases eak to regula clauses 100 and 104 rpas bu s of covernment and the rights of third pa use of any i thereto the authority te autharis he the central government, but th nelude the ovrpotes of a dertakin tion may be use ment government ime tse 109 i clouse 102—this clause enables gavernment to acquire an {sr a public purpose when cl r payment of compensation, clause 102 jurisdiction is sought to be vested in th to decide disoutes relating to the use of any invention for t noses of government clause w4—wh: be brought befor ing 4, dic of patents effe to the, proceedings is given at seyond t court under classe 64, 6€ of the uk patents act, the court to grant declaratory yhere the defendent has not or has not asserted any adverse clause 106 soeks to replace section 36 of the existing act provides for a remedy in case ef groundless threat of jegal pracee; huts ' clause 197—based on : ction 32(4) of the uk patents act, 1949, this clause secks to nrovide that the grounds on which a patent may be revoked would be available as grounds of defence ta an action for infringement the clause also provides that in actions for infringement of a patent in respect of a process for manufacturing a substance, it shall be presumed unless the contrary is proved that every such substance has been produced hy the patented process clause 108 provides for reliefs which may be granted in a suit for infringement, the acts constituting infringement being determined with reference to clause 47 and the terms of the patent cluvses 109 and 110 deal with the right of exclusive hcensees and licensees under section 84 to take proceedings against_infringe- —¥ ment i clauses 111 and 112 seek to replace section 30 of the existing act and restrict the power of the court to grant damages, injunction, etc in certain cases clause 113 seeks to replace section 32 of the existing act, but the power to grant certificates of validity is confined to politions ; for revocation where any such certificate has been granted, this clause secks to regulate the ensts in suits for infringement where a matter is taken to an appellate court hy the patentee, the attack on th? validity of the elairn cannot be said to be frivolous and therefore sub-clause (3) does not vest any such power as to costs in the appellate court 4 clause 114 modeled on section 62 of the uk patents act, 1949, seeks to replace section 5a of the existing act relating to infringement of partially valid specifications  (nace senceclause 115-section 35 of 4 under tha nearing of suit: clause seeks to st in mn be appointed, th function remunerstic clause 116 seeks to provide jor peals from orders of frofler in this econnectio: able to provide expressly uo appeal shall lie from ¢ or nd ord 1 covernmeni on the lines of section 109¢l) of ihe trade and merchandise marks act, (988 for the hearing of clause 117 seeks to lay down the proced appeals under section 116, it is in modificalio contained in section 28g of the ex 105(4) and (5) of the trade and w of the provisions sting act and follows section erchandise marks act, 1958 provision is also made that an appeal under the section 116 shouid be heard as expeditioussy as possible and that eve endeavour shall be made to dispose of the appeal within a period of fwelve months from the date on which it is filed clauses 118 to 124 seek to provide for the punishment of offences under the new law the existing act docs not contain adequate provisions in this behalf, the only penalty provided therein (section 78) being in respect of the wrongiul use of the wordy "patent office" clauses 125 to 132— vhe provisions contained in sections 75 and 76 of the existing act on the subject of agency are insufficient to regulate appearances before the controller by persons styling themselves as patent agents it is desirable, as in other countries, that patent agents should be properly qualified to do their work—a work which involves great skill and responsibility "hese clauses, which are new, therefore provide for statutory contrel of patent agents no person whose name is not entered in the register of patent agents will hereafter be permitted to describe himself 9s a patent agent, but nothing in this chaptee would compel an individual to resort to a patent agent for aling his apolication or prevent him from acting in the matter himself or through an authorised agent, clauses 133 to 139 seek to replace section 78a of the existing act which is confined to reciprocal arrangements between indis and the united kingdom and other parts of her majesly's dominions by more comprehensive pravisions apart from making due provision for the mutual protection of inventio a clause on the lines of section 132 of the trade and merchandise marks act, 1958, has also been ineluded (clause 184) whereby nationals of countries which do not accord reciprocity to our citizens will be denied the right to apply for patents, etc in india, clause 149 based on section 57 of the uk section 112 of the austvalian patents act, 1952, and is ime tended to onsure that patent + mt of a monopoly wider in scope o¢ longer ip duration then afforded under the patents by the statute acco dingly, conditions tracts, leases or licences which tend to impose other party with regard to ihe purchase of « of precesses other than the patented article or patented process are yen dered void as being  5 on de injurious te the public interest this cla will also oly to contracts made pefore the commencement of this new law in so far as any such restrictions re allowed in continue after the expiration of one ¥ from such commencement the perind of one year would enable the to have the contracis suitably altered, if they ro choose clause 141 is also new and is designed to counter attempts by¥ patentees to extend the duration o eir patent monopoties beyond the period allowed by statute this clause will enable the patentee, lessee or licensee to determine a contract containing any eh restrictions on giving three months' notice cleuses 143 and 144—these clauses while placing upon the publication of reports of examiners, specificatio seck to vest o discretion in the controller as to the publication of the result of any search under clause 13, such a provision would be of value to inventors who desire to know the extent of a prior mvention, clause 146—this provision which is regarding the extent to which an invention worked in india is necessary for the proper working of this law, part from its statistical value clause 147--sub-clauses (2) and (2} are based on section tl and t1a of the existing aci and sub-section (8) is based on section 116 of the trade and merchandise marks act, 1958 isting ciause 151 seeks to replace section 33 of the ex ore elaborate provisions while orders of high courts re; cevocation of patents or certificates of validity of claims are to be entered in the register of patents, orders of other courts in suits for ;jringement, etc are to be filed in a supplemental register as such orders affect only the parties thereto clause 161—this, clause makes special provisions in respect ot applications for patents which were referred from time te time to the department of atomic energy for directions as they had referto alemie one ibe app ptance pres: iimued ing act now ha thereot; and (3) infringement 3 and sults foc revocation of rinse : atenta pending at the commencement of the new act =  tinancial memorandumthe bill seeks to amend end conselidate the law celating to patents contained in the indian patents and designs act, 1911, with 2 view to stimulate inventious among indians and to encourage the development and exploitation of new inventions for industrial progress in india and to ensure that patent rights are not abused, to the detriment of the national interests the patent office, which administers the indian patents and designs act, will have to keep a ciese watch over the commercial exploitation of patents and licensing and other proceedings under the act the steady increase in the number of applications for patenis year after year, the proposal tor extensive world-wide search for novelty, the expansion of the grounds of opposition, grounds for the grant of compulsory licences and the provisions for revocation for non-working, will involve additional functions on the patent office clause 13 of the bill envisages compulsory search for ascertaining 'novelty' of an invention and for determining 'anticipation', the scope of search extending to prior publication not only in india but elsewhere involving as it does much heavier work and responsibility than at present, it will necessitate an appreciable augmentation of the examining and supervisory officers of the patent office further, it will necessitate the setting up of a special abstracting section at the patent office, calcutta, which will engage itself on the collection of all foreign patent specifications and other technical documents, classification of the same industry-wise, preparing abstracts of the same and printing or duplication of the abstracts, ete clause 74(2) of the bill provides for the establishment of branch offices of the patent office at different centres in the country in order to meet the growing requirements of the public and to facilitate registration of patents to begin with, it is intended to have 3 branch offices of the patent office this is on lines similar to the three branch offices of the trade marks registry functioning at caleutta, delhi and madras under the trade and merchandise marks act, 1958 the branch offices will be concerned with receiving of applications for patents, preliminary examination of the applications and amendments thereto, taking hearings and attending to all further correspondence such as communication of orders and the like, except of course detailed search for anticipation which will be conducted at the head office, calcutta la rs 2,57,000 (b) al t sundts, 8 i r ° tb) asst § a s 98,700 3 incidental expenses rs 44,300 total: bs 4,00,000 taking the average of the past 3 years, the annual expenditure of the patent office is of the order of rs 9-5 laiths, while the annual income by way of fees realised amounts io rs, 13-2 lakhs it is to be mentioned im this context that while a general j ase in - 5 b eneral increase revenues may be expeci 'fling of iorges number on account of the filing of larger of applications for paien's year after year and 'also on ceoant ae the enhanced rates of fecs for applications and for renewals yet the reduction of the term of patosts from 14 years to 10 years and the stopping of the grant of product patents in the fields of zood drugs and medicinc will probably offsel to some extent the above ' however, on balance it may expected that the present revenue is ely to be maintained, apart from that as so pertinently pointed out by shri justice rajagouala ayyangar in his report on the revib4 1 be i a palent office shou  ance of ae sion of patents lay naintenance patient office should be i > ¢ law "the mainteni : fice i ' a service rendercd to the public, anc this is how 7  considered f yther val } sal a pon th ui & usa a coun poked apor the and other advanced countries & an avs wort het ' e ot merease in the cost ghouid result in 2a mere e in tne therefore if nereast t ne he service, the cost is aly) efficiency of  me morandum regardidclause 158 authorises the  conduct of procedure in respect of proceed: law clause 159 authorises the ceniral government to make rules for carrying out the purposes of this law the rules are subject to the condition of previous publication the matters set out in that clause in respeet of which rules may be made are matters of a procedural nature and are merely ancillary to the proper implementation of this law the rule-making power sought to be conferred by the above two clauses is of a norraal character  snnezuse "wetracts prom cag indian patents and destons acy, vo (2 of 4911)an act to amend the jaw relating to the protection of inventions law relating to the proand desigas by enacted a5 {ollows>— wrervas it 18 expedient 10 arnenc the tection of yavertions and designs; tt is here preleminary yitle, the indian pat ents and designs short dent an com 4, @) this act ray be called  act, 1911 / '  mencement _, definitions 2 in this act, unless there is anything repugnant yn the subjec or context-— (yy «advocate general" means an advocate general appointed under the constitution and in relation to the state of jammu and kashmir, the 'advoeate-general for that state: ( "article" means (as respects designs) any article of mantle facture and any substance, artificial ot natural, of partly artificial and partly natural: troller of patents and designs @ "controller" means the co appointed under this act: ¥   (6) "designs" means only the features of shape, configuration; pattern of ornament applied to any article by any jndustrial process or means, whether ynanual, mechanical or chemical, separate or combined, which in the §nished article appeal to and are judged solely by the eyes put does not include any mode or principle of constxuction of anything which is in substance @ mere mechanical device and does nol include any trade mark as defined 0 section 478, = 46 of 1860 property mark as defined in section 479 of the indian penal code: (6) "pisirich court" has the meaning assigned to that expression 5 of 1908 by the code of civil procedure, 1908:   x  '   roy "ayve os , & "nvention" means any yaanner of new manufacture and includes av improvement and an alleged invention rh, px (l0y "manufacture" inviudes am aking an article, and ducing, or produced by manufacture: g1) "patent" 2 ak pratt 5, (il "patent" means @ paten: gr anied under ovisions of this act: a (12) "patentee" means the person for the time being entered on he register of patents kept under this act as thi or erie s kep is a he grantee or proprietor of the patent:  score  % ®  part !parents application for and grant of patent application 3 () an application for a patent may be made by any person whether he is a citizen of india or not, and whether alone or jointly with any other person : (2) the application must be made in the prescribed form and must be left at the patent office in the prescribed manner , (3) the application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at jeast of the applicants claims to be the true and first inventor or the legal ropresentative or assign of such mventor and for which he desires to obtain a patent, and must be accompanied by either 4 provisiona} or complete specification and by the prescribed fee ; (4) where the true and first inventor is not a party to the application, the application must contain a statement of his name and such particulars for his identification as may pe preseribed, and the applicant must show that he ig the legal representative or 'assign of such inventor specifica— tions , aa (qa provisional specification must describe the nature of the invention (2) a complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed sch fa vhe se8¢ i ethes @) & spect mence with th a distinel sia end with | of the | the conti oller € (4y where suitable drawings -@ of the application, ete 5) acification ating tae 1 applicaiioa was acc , case tre controller application by ot anything west? invention, such model of 3aynp ed before the acceptance of the applic sarnple shall not be deemed to form specification isional § y meys where in purporting to be & complete § he specification as  pacification ime for (6) the contro by @ specification applicant go requests, treat fication and proceed with the application ° e wilhia + does not leave a complete aa @) lt the applicant may leave fe at any gutseequen? tims with his application, he nine months from the date of the application: couplet specifica iien ths shall be extended to such of the app cation, 4 to the consaid nine mon! provided that the ding ten youths from the date period, not excee' as may be specified in & request made by the applica® qd the preseribed fee is paid wilhit troller, if the coquest ig made an the period se specified on shall pe dee! e date thereot @) jg the complete allowable under sub-section ), the be abandoned at the expiration of ten = 4 wuauce bro ent therefor and the date ot sealing & sional jou betweco the date proviap g) ad invention may, quring the peri application for a pat and published without pre! quences of use and at, application, be ui tion jonal protection 4, and such protection in this act referred 4 -dated of antethe expression "date of an application for 2 (ay in this section, jeation which 18 post: patent" qmeans, a5 espe! dated under this act, the date to which the applicati dated of ante-dated and means, as respects ny, wher i ily made the date om whi ; drawings vibed manner, cr ° ¢ in the pre application s en wet ation spe been prepare a > he t 2 specification ot-matter tion does not st ect-matter of the invention, or ot suffi o staiernent of claim d at of claim does not lefé after hen complete specification : rly deserihed in ° neh spec eee the invention p ally the same as that plote specificaiion 3 si bstan ed in the pr val § fey the inventio osert b imed is prema face mytion as deseribed and claimec med prima facie facie not a manner of new man ctare mpreyei n y of ne anufact or imprevem! ement, of ecification relates more than one inve: 1, 0: es th one | ver - a or (g} in the ¢ of av: applicati tion tba, the speci ; application claiming priori st an earinens describe: en under tnsvontion disclosed na or substantially different ° prone made outside india hy ane filed with the applic the py virtue of which priority sere of an applicati ' ° 2 ee dew for @ patent of addition yeation is not an i a ven desevibed and claimed in the  aprovement or if  and clairred in @ modification ed in the original specification, >of that reise to aveept the applicat application or br i i eification op drawings requive that ee i" pain be amended before he yee th ; 1¢ latte oy i ae ae eee wo aitec atter case the application shall foe ee com ; from the time when the requ _ en t ireprovided that, wh en et, wher a specificati 4 invention, the appli ioe entrolten invention, © < application shall, if the controller or ihe a than one je made the 'subie 9 ong invention and the other im aes ne oo heation re ee of fresh applications; ay au pe ee nt | pe proceeded with as a sub dntive a oi on sntrolier may, in bis discretion, direct shat ony weet sek that any such fresh wameg of tag original op application or such lati road application made efore the shail bear the date of the or ia application shall be deemed, for the purof this act, ta have been made on the date which it hears it uch direction: hie may fix, and the f pos accordance with 3 provided further that where a complete spec? jon is left aiter a provisional specification, the controller may, if the applicant so requests, cancel the provisional specification and direct that the application shall be deemed 1 ve been made on the date on which he complete specification was left, and proceed with the application accordingly (1a) if the controller considers, at any time before the acceptance of an application, that the invention claimed therein has been whelly or in part claimed in a specification published on or after the date which the patent applied for would bear if granted, appertaining to an application for a patent which if granted will be of price date co the patent applied for, he may require that the applieeal's specification be amended by the insertion of a reference to such other specification, by way of notice to the public (2) where the controller refuses to accept an application or requires an amendment ot the insertion of a reference, the applicant may appeal from his decision to the central government (3) the investigations required by this section shall not be held in any way to guarantee the validity of any patent, and no lab shall be incurred by the central government or any officer by reason of, or in connection with, any such investigation, or any proceeding consequent thereon (4) unless an application is accepted within eighteen months irom the date of the application, the application shall (except where an appeal has been lodged) be deemed to have been refused: provided that where, before or within three months alter, the expiration of the said period of eighteen months, a request is made to the contraller for an extension of time, the application shall, on payment of the prescribed fee, be continued for any period $9 requested not exceeding in all three months from the expiration of the said period of eighteen months 6 on the acceptance of an application the controtier shall give notice thereof to the applicant and shall advertise the acceptance; and the application and specifications with the drawings (if any) shall be open to pithhe inspection, hilect of accent ance of applica tion, provided that the ayplicant shali not he entitled to not be i eee en giat the al itute any proceedings for infringement until the patent has heen sealed   by the indian patents and  8 unquiry before sealing patent re designs (amends th act, 1930 (7 of 1930), s 4 ' me nero person may, on payment of the prescribed ies, at any opposition to grant of patent vithin four months from the date of the isement h e ths fror i f advertisement of acceptance of an application giva natice at the patent office me opposition to the grant of the patent  namely srant of the patent on any of the following grounds, {a} that the applicant obtained the invention from him, or om a person of whom he is the legal representative or assi of whom hi ut fr 'al representative or assign {b) that the invention has been claimed in any specification filed in india which is or wil! be of pri a a is ! be of prior date t grant of which is opposed; or © the patent, the _ (c) that the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the specifications; or : (2) that the invention has been i i _ v een publicly used in any part of india or has been made publicly known in any part of tadie: ar , (e) that the complete specification describes or claims an invention other than that described in the provisional specifi tion, and that such other invention either forms the subject af an application made by the opponent for a patent which if granted would bear a date in the interval between the date of the application and the leaving of the complete specification, or has been made available to the public by publication in an: document published in india in that interval; ¥ hut on no other ground (2) where such notice is given, the controller shall give notice of the opposition to the applicant, and shall, on the expiration f those four months, after hearing the applicant, and the oppon im advertisement on acceptance of application, if desirous of being heard, decide on the case ,  poner' ihe subject fo ap n of the cont (3) 'the nigel government grant soposition, or, ta if the gnd seat: shall ing of such condi- patent ment, to the any) as or in applicants tmf nen 3 ooieation io the vas ® patent to be sealed with 2 patent to be in sub-section (1) utained g that on ike grant to ; ; in writ le (a) en applicant has agreed in w a joint es rill assign it ¢ ther party or to pira of a patent will assist to another party f tent he i assign it pplicant and refuses to proceed ¥: th the application, or applicant ar i od fh thy hy disp arise belween joint 2 ants as to proceeding th) disputes arise betweea joi applicants 95 to ww z | with an application, e rolle: e is satisiic: e 2 f such agreement i i tisfled of the ex ies 0 ee the controller, if he is s a eels im p agreense ae, t in ¢ other ¢a: or, in any otn , direct that such other ty + proceed with the application v ¥ a to be allowed to proceed alone, m oint anali applicants appli ; or joint anplicant or applican : eet a as the ense may c nly atent t t ingly accordingly an and may grant a p: 13) be: 'ovided that— _ onan  i controller shall not give any such eared a  oy inter sted has had an opportunity of being every party interes him; and ii} an appeal from any su ection shall lie to the cen- (ii) ppeal fro ch direction e to 2 an aa} he ( tral government, 2) a patent shall be s i scon as y be, not after mal , and not af p i be sealed as s as ; inn th oe ation of twenty-four months from the date of application the expirati 2 ri hat,—  i f the provide : the controller has allowed an ortension ote (a) where  jeation may be accepted, a ~~ time within which an ppphent the said twenty-four months shall as ° be allowed for the sealing of the patent; b) where the sealing is delayed by an appeal to the cen' tral nes ed the se! is government or by opposition to the grant of the patent or by any pr oceedings taken for obtaining a direction of the controller dings ig which wouid ot alix patent ma be seaicd at any y the date of his death or at such later tir: think fit; {d) where for any reason a ; the period allowed by any of the £ séclion, that period may, on payin tof ¢ on compliance with the prescribed condition: extent applied for but rol exceeding th: date of palent, ui except as otherwise expressly pr ovided by thi shall be dated and se aled 28 of ihe date of the application: provided that no pr infringement committed before the advertiser of the application, 12, (1) a patent sealed with the seat ot the patent offre shall, subject to the other provisions of this act, co sfer on the patentee ri¥ect, extent and form of patent, of making, selling and using iavention the exclusive privilege throughout india and of authorizing others so to do, (2) every patent may be in the prescribed form and shall be granted for one invention only, but the specification may contain more than one claim; and it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been stanted for more than one invention or his idaied by an appli- fraudu jent applications for patents 13 (1) a patent granted to the true and first inventor legal representative or assign shall not be invali cation in fraud of him, or by protection obtained thereon oy by any use or publication of the invention subsequent to that fraudulent application during the period of protection (2) where a patent has been revoked by the high court the ground 'that it has been obtai ned in fraud of the truc and first saventor, or where the stant of a patent hos been refused by the controiler under section 9 on the ground stated in clause (2) of subon (1) of that section, the controller may, on tha application of the true inventor or his legal representative or ass: ign made in accordance with the provisio ns of this act, grant to hire a patent for the whole or any par t of the iavention, and the patent so granted shall bear the same date as the patent so revoked, or, in the case of a patent the grant of which has been refused, the same date as would have been borne by the patent tac: iil nad been grar no suit shall be brought ior any infringe cnt ot provided that te when such the patent so granted commitied before the actual da patent was granted, pul in two of mote gingie 13a, (1) where the same applicant has are cognate or modipatent provisional specifications for javentions which fications one of the other, and has obtained thereby concurrent for cognate inprovisional protection for the same, and the controller is of opinion ventions that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification in respect of the whole of such applications and grant a single patent thereon, t the date of the earliest of such applihe validity of the same, and in deter- @) such patent shail bea! cations, but in considering t mining other questions under thi ss act, the court or the controller gard to the respective dates of the eral matters claimed in as the case may be, shall have re provisional specifications relating to the sev the complete specification  term of patentpatent for the duration thereof term of 14, (1) the term limited in every yy this act, be sixteen patent shall, save as otherwise expressly provided b: years {rom its date (1a) any patent the origin al term of which had not expired on 1930, shall have effect as if the term nstead of fourteen years, and has been granted for the ving been granied for the or betore the ist day of july, mentioned therein was sixteen years i any license existing at that date which term of the patent shall be treated as ha term as su extended if the licensee so desires, ariy to a contract with the patentee or any into before the ist day of january, 1930, is (ib) where any p other person entered subjected to loss o¢ ability by reason of the extension of the term any district court having juristhis behalf, determine in what liability shall be borne of any patent under this section, diction may, on application made in manner and by which parties such loss or anything therein or in this (2) a patent shall, notwithstanding he prescribed fees within act, cease if the patentee fails to pay u the prescribed times: before, or within three months ment, applies tc the content shall, on payment  for eeding in oll three ie for payment, » proceeding is inken ia + coe patent co pret "ecing is taken espect of an infringement of ihe be i committed after a failure to pay any fee within th ribed ti 2 for n ; i i pelore orined sme, and ator any enlargement thereof, the court clone v1 the proceeding is tuken may, if it +h : 1s we a : s tuken may, if it thinks fir x proceed q , teluse to award my damages in respect of such infringement aware extension 45 (i) a patent (i) a patentee may present a petition te the central govern oftermof rent bravine £ patent ah ves: that his patent may be extended for a further term but ich petition must be left at the patent off on @ farther term but re i  _ cs t si hs fore the lime hmited for the expi ot whe palenann months beaccompanied by the prescribed f tent and must be aitht  ce and must b: arly patentee within the prescribed time and in the meee by the "es a nanner, (2) any person may ¥ i ly si ry within such time as n i on a p 4 ent oe ss may be preser?! 7m bayment ot the prescribed fee give notice to the © wiles at objection to the extension,  ontroer of (3) where a petition is ot? is presented under sub-sectio: central government may, as it thinks fit, dispose of th ),  the 'self or refer it to a high court for decision e petition (4) if the petition be refi i b crred to a high court, th ing of such petition under this section, the patentee end anys non pve i f , whe as given notice under sub-section {2) of objection, mle! be  parties to the proceeding, and the controller shall ve entitled > appear and be heard nett be entified (5) the central gove: © rnment or the high c i tox c c ent ¢ ¢ high court to wh ition as referred shall in considering the petition have venord t wy me aad merits of the invention in relation to the public te the le on the patent and to all the circumstances of the ease, (6) if it appears to the central governm nt ppears ament or i weno petition is referred to it, that the patent has ret bern saat gently oe eeerative, the central government o¥ the high court, fs ie | ase > ay i er anay by order extend the term of the patent for a may orden the nene ing five or in exceptional cases ten years or years es may e 2 ° anew patent for such term not exceeding ten odie ee ied in the order and subject to any restriction court eee sions which the central government or the hi h 7 may be, may think fit 8 yt for am invention bas peett applied for of patents of case mey pe apy addition mnodiiiwa () where @ pate granted, and the applicant of che patentee, as the plies for a further patent in yaspent ch any iraprove! cation of te invention, he mey a applicator the furtbet serra lim  that patent for the duration sya} patent of so raueh of that smatter teo if he does 5 a patent met patent request that the thereof be the same 25 that of the eo for such yerm as term as is une! ired, and, ferred 10 a8 & patent of addition) may pe grad aforesaid act, a patent of essly provided 'ray this 7 (2) save as otherwise ¢p addition shall remain jn force a8 sone as the pp i , but ne jonger, and in yespect ©: wat tor the original invention yemains force, fq patent of addition no fees shall be payable tor renewal: provided that if the patent for the original invention is revoked, then the patent of addition shall, if the quinority by which it is fe voked so orders, become an independent patent, and the fees payable, and the dates when they become payable, shall be determined py its date, but its duration shall not exceed ihe unexpired germ of the patent for the original yavention (3) the grant of a patent of addition shall be conclusive evidence that the invention 15 4 proper supjec! tor & patent of addition, and the validity of the patent shall not be questioned on the ground that the invention ought to have beet the subject of an jadependent a patent 5 ceased owing to the jailure of the restorareseribed time, the tion of lapsed patent 46 (1) where any patent ha patentee to pay any prescribed fee within the p patentee may apply to the controller ip the preseribed raanner for an order for the restoration of the patent ent of the eit- (2) every such application shall contain & stavern ayment of the cumstances which have jed to the omission of the p prescribed fee (3) f it appears from such statement yhat the omission was une intentional or unavoidable and that 1° undue delay hag occurred in the making of the application, the controller shat) advertise the application in the prescribed manner, and within such time as may be osition of the patent prescribed any person may give notice of opp office given the controller shall notify the apescribed period the controller (4) where gueh notice is plicant thereo! (5) after the expiration of the pr o the central govern~ subject to any shall hear the case and, subject to an appeal + ment, issue an order either restoring the patent g deerme lo he ad ep conditions and restrict! appli ud rastriclong deers oplication: ton of in of persang who + mg er of atter of the patent al amendinent of app ation of n or specification at, (1 sae ia w (1) an applicant or a po = reasons for, the proposed a tion or ing lett g left at the pate: © may at ai specifica ct fee, seek patent office and y at any time, hy tion b drawi ave to an jhice and accompanied 7 os request hon by rawings forming mend his application mied by the preseriby contre}  explanati ting part thereof, w n or specification, inch ibe lew planation, stating the i ereof, way of thelones tion, including he nature of " er, correcti ction or amendment - (2) if the the applicati jon for a patent has not be en accepted, ; the controlle: r shall d ; (if any) th etermine whet! if any) the amendment shall wer and {mblect to what condit stet wed conditions (3) tn an y other a mendment shall be cas fee the request and the nat advertised in the ores pe detore of the proposed prescribed manner, set 'ime within thr vy of 'aree month:  y give notice at the mao its first advertiseme , and at anv office of opposition to the any person e amendment (4) where such a notice is ¢i of the opposition to the oe is given the controller sh: person makin r shall give noti 2 notice and decide the case g the r (5) wh ; : equest, and shall hear  'here no noti notice of o; 10 notice ef opposition i pposition sition is give : whether and subject goes not appear, the con or the person so givi fe bead g tie to what conditions, if controller shail determine  f y, the amend etermine ment ought (6) the isi decision of the controller i rin eithe to an a an appeal to the cen! 'en'ral government, t case shall be subject ' ent shall  (7) no  no amendm oath on or specification, a3 at be alowed that would 'n, a3 amended uld make ¢ 1, ake & claim an inv cn in invention substantatly 'y jjarger than, + ; or subsi se the application or tantioly utr ls 'erent from ; leatio <i , the inventi t (8) leave to emend sh nm as it stood before ee claimed by : to amend shall be endm fe make the amendment be conelusive as t ent endiment shall be ad: allowed, except in o the right of the part vertised in th case of f arty a the prescrib: tau > and the and sh form part of the i in all courts ieati and for plication or sneeifinton purposes be deemed ¢, ed manner 1 oo , ue i apply 21 ad @ ag any suit for (8) this section shall not apply when and so long y infringement or proceeding vefore a court for the revocation of the iniring patent is pending gement of a patent or p 48 in any suit for inirin, t 'court may by order allow a court for the revocation of a patent the © ay of disclaimer, correcroreeding before amend~ ment of spetifice— tion by the patentee to amend his specification by wa ch terms a8 to the court tion or explanation in such manner, and subject to su: costs, advertisement or otherwise, as the court may think fit: provided that no amendment shall be so allowed that would make the specification, as amended, claim an invention substantially larger than, or substantially different from, the invention claimed by me specification as it stood before the amendment, and where an spp eation for such an order is made to the court notice of he applica~ tion shall be given to the controller, and the controfer shall have the right to appear and be heard selaimer, restriere an amendment of a specification by way of di : convection oe explanation has been allowed under this act no gam ter very ages shall be given in any suit in respect of the use of the inven wn of before the date of the decision allowing the amendment, unless  " damages patentee establishes to the satisfaction of the court that his original claira was framed in good faith and with reasonable skill and know ledge  register of patentst the patent, office a book called the register 20 (1) there shall be kept al register of patents wherein shall be entered the names and ade patents resses of grantees of patents, notifications of assignments and ot transmissions of patents, of licenses under patents, and of amen ments, extensions, and revocations of patents and such other mat crs affecting the validity or proprietorship of patents as may be prescribed inventions and address book existing 2t the 2) the register of mn nent commencement of this act shall bi e incorporated with, and form part ; of, the register of patents under this act atents shall be prima facie evidence of any the register of p: ; 'er i ted or authorised to be inserted therein matters by this act direc (4) copies of l deeds, licenses and any other documents affecting license thereunder, must ibed manner for filing ia the proprietorship in any patent or in any be supplied to the controller in the prescr! the patent office  covernmenthemselves or (2) the officers or 2 the service of govern be authori agents, contractors or them, at any time after the applica tien, and se the invention for the ms ag may, either before or the applicant or patentee, make service of the government on after the use thereof, be agrecd on, with the approval ef the central government, between such officers cr authorities and the applicant ar patentee, or, in default of agreement, as may be settled in the mariner hereinefter provided and the terms of any agreement or license concluded between the anplicant or patentee and any person other than such officers or authorities, shall be inoperative so far as concerns the making, use or exere ention for the service ise of the inv: of the government (3) where an invention which is the swoject af any patent has, before the date of the patent, been duly recorded in a document by, or tried by or on behalf of, the officers or authorities administering any department of the service of government '(such invention not having been communicated directly or indirectly by the applicant or patentee), such officers or authorities, or such of their agents,-centractors, or others, as may be authorised in: writing by them, may, after giving:notice to the applicant or patentee, make use or exer-  o cise the invention so recorded or tried for the service of the govern, ment free of any royalty or other payment to the applicant _ or patentce, notwithstanding the existence of the patent, tf, im the opinion ofsuch officers or authorities, the disclosure to the applicant or patentee, as the case may be, of the document recording the invention, or the evidence of the trial thereof, if required, would be detrimental to the public: interest, it may be made confidentially to counsel on behalf of the applicant or patentee, or to any independent expert mutually agreed upon (4) in the event of any dispute as to the making, use or exercise of an invention under this section, or the terms therefor, or as to the existence or scone of any record or trial as aforesaid, the mattez shall be referred to the high court for decision, whe shall have power to refer the whole matter or any question or issue of fact arising thereon to be tried before:a special or official referee or an avibitrater upon such terms as it may direct, the court, referee or arbitrator, ag the case may be, may sideration the validity cf the p reference 2 cant or patentee and n which entitled to take into cansice in the the applicant or 'patentee, 0: the govern or "4 of such patent: patent, may have received directs ment or from such officers of authorities mment servant y the central h work done provided that, if the inventor or pate ation 3 'and 'the subject-matter of the taver government or state government fo all be setiled by tor patentee and or patent jn the course of such ser any 5! the central government after b any other person having & govern- (5) the right to use an invention for or which ment under the provisions cf this section, or & this section is substituted, shail include, 2 o sell any articles made in pursuance -to have included, the power ed for the seevices of the ger requ of such 'right which are no ton: government (6) nothing in this section shall affect the right of 'the goversiment or of any person deriving title divectly or indircetiy frora the government to scll or use any articles forfeited under any law fer the time being in force relating to customs or excise qa (1) the inventor af any improvement by instruments or maunitions 'of war may (either for or without yaluable consideration) assign to the central government all the benefit of the invention ang of any patent obtained or to be obtained for the invention; and the central government may pe a pariy to the assignment (2) the assignracnt shall effectually vest the penefit of the invention and patent in the central government, and all covenants and agreements therein contained for ic g@ the invention secret and otherwise shall be valid and 'effectual (notwithstanding any want of valuable consideration) and msy he enforced accordingly = by or on-behalf of the central government gnment has heen made, the central gov- @ the publication of the specification, est of the public service, mer in which if is to (3) where any such assi ernment may, at any' time befor 'certify to the controller that, in the inter the particulars of the jnvention and of the max be performed should be kept secret plication and spe amendment of the any copie nts and drawings, shall et af the patent office, be thority of "the again kept sealed | rant aibet shaasia ees ies _ &) on the os shall be deliver (8) where the c application for a pate p 8 as aforesaid after an the publication 'of th s deen leit at the patent office bi vith the drawing we ony), shel the application and specifications , ? ngs gi any}, shall be forthwi y seal > orthority ; > 1 be forthwith pl i s hn by authority of the controller, and the nacket shall 5 a packet oe the auboing provisions respecting a packet subject ¢ central government see sealed by authority (8) no proceeding by "cing by on or othervwii sion ct non } ov otherwise shall lie aon anes ee vent granted for an invention in relation: to rho as been given oy the central government as af cosa s s aforesaid assignment of patent (10) no copy of any specification or ott p ' my as £ p other doc! i 2 etme ee to be placed in a sealed packet, cull ie ae eee ever be published or open te the inspection of tne » oe, " s ; as otherwise provided in this section, the isi " to the central govern ment ct shail apply in respect of any such invention and vatent y atent as aforesaid, ' 1  (11) the central gov ° 1 'al government may at y ti i : of sa ent 'i ry at any time waivi k vpeeifectans with respect to any particular vention aad the < ations, documents and drawings shall be th : wt and dealt with in the ordinary way snceforh kept (12) e communication of any inventi or any improvemen: 12) the commutication of any inv 6 iv on £ in instruments munitions of war to the ¢ al g or to or mu: s of war to the central government or t or any person or persons authorised vernmen in ; auth by the cent  ns ' ntral go i vestigate the same or the merits thereof, shall not not shall anyth ing st! : hit jgation, be deemed use ot publigrant of validity of judice the ct done for the purposes of the inv eation of such invention so as to pr any patent for the same compulsory licences and revocation " respect of 22, (1) at any time aiter the expiration of three years trom the applica~ an appliae  a > cation date of the sealing of & stent any person interested ma' apply to 'on for ealing » ey ve ° y aep yo seence under nection 22, one or more of the grounds specified in ier the patent the controller upon any sub-section (2) for a licence und n- application under sub-section {2} the greunds vpon which a: (i) may be made are as follows, that is tp say, (a) that the patented, invention, " being capable of being commetcially worked in india, has not been commercially worked therein or is not being so worked to the fullest extent that is reasonably practicable; (b) that a 'demand for being, mact to an adequate extent or on @ the patented article in: india: is not easonable terms, or is tation of the patented , being met to a substantial extent by impor article from other countries;  (c) that the commercial working of th ¢ invention in india tation of the patent- "ig being prevented or hindered by the impor - ed article from other countries; i the patentee to grant a (d) that by reason of the refusal o: jicenete or licences on reasonable terms-— @ a market for the export of the patented article manufactured in india is not being supplied, or (ii) the working or efficient working in india of - any other patented invention which makes a substantial contrior development of commercial bution to the establishment or industrial activities in india is unfairly prejudiced; (e) that by reason of conditions imposed by 'the patentee upon the grant of licences under the patent, or upon the  purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent or the establishment or development of commercial or industrial n india is untairly prejudiced activities i 1 this section may be made by-any per (3) an application unde! son notwithstanding that he is already the holder of @ licence under the patent; and no person shall be estopped from alleging any of the matters specified in sub-section (2} by reason of any admission made by him, qvhether in such a licence or otherwise, or by teason of his having accepted such a licence reli controller 8 fit; and ma tequie direct that alf of! patent shall be revoke right which he may ha vend the invention or io € use, exercise or the patent; (b) revoke any grant a new licence » he comittee thivks arent a mew the controller think: 7 carey a ice: | 4 mnie ami ny licence held by the applicant in such manner as the controiler may think fil; 3 ty (c) grant a licer x cence under the patent t ) gran u ae f © such cust tre applicant and on such ferms as the controller paiare pel ; a _ ; 2 inks ft, t ihe © neolier is satisfied that the manufaciure, use or sal : - rials not protected by th i y pre cod by 2 he patent is unfairl judi aeosone af ro nd by x s unfairly prejudiced by ons nf eoneitions imposed by the patentee upon the grant ot er the patent or upon th  m : 3 b e rch irs c the patented article or process: purchase, hire or use of provided that where t i an e the application i nat 4 ed that y ; tion is made on thi " tene bstenved invention is not being commercially aed im india © act pens worked to the fullest extent that is ' iy icable and it appears t  feasonel) ' 's to the controll on wich has elapsed since the granting of the vatent has fon nen eae insufficient to enable it to be so worked he may, rdec, adjourn the applicatic 'will » ore < 'ation for su ri i in-his opinion, give sufficient time for th soe vont ose me ¢ e invention to he so (2) except in cases where the terms of a li : ° 5 @ iicen ave c by salad agreement and such terms otherwise rowite ee wrean to pom @ tee ce as been granted! under sub-section w shalt te any infringesnent ae the patentee to lake proceedings to preve: " any inf neemer fe he patent and if the patentee refuses or ne; toots ar inctiate ure oo months after being so called upon, the ieee ne thigh he ie oevedings for the infringement in his own name " ooatantee ve te patentee, making the patentee a defendant | a patente: a ide as defendant shall not be liable for an son es an appearance and takes part in the procendinate '@ndorsement of govertment, ga at any time 3 the date of th sealing, patent of apply to the controller a amy of applica sion () et § tigm 22 for the ¢ of the tion by fed in subs ces of right" as ade om the patent with the wor diced é qq) an application wr s section may also be @ ground that by the refusal patentee 40 grant  licence of g the gablishment of gevelopment of asonable terres qqyities in india is untaicly pp licences © ac mich by the wi ndustrial nm te ° , be one ma have been payable , the contrat of commercial of i ga the pubne expedient or the developmen! t of an imdusty jiament by law union is declared by pat lic interest, js being prevented or hindered (3) where @ patent of addition i aplication under @t sub-section qa either for tno endot qa patent or any 2} the provisions of suba (2) of se the patent of addition shall be deemed to be ap application for the sranied : granted under sub 2} 2 section 23 shall apply te endorsement of both the patents aad where any such application exerct gramied under the said  ) as they apply to a licence is granted or refused it shall be dzermed 10 pave been granted or ot powers bic c1) the pow oa i oth the patents es section 22 powers 92 the ; refused in respect of bo hy the pales on applithe fellowine section 238a! shall on application nnder ' ; ; ollowing gener: hoa view +  (4) all endorsements of patents made under this section ghail be under wing general purposes, that is to "me a view to securing entered in the register of parents maintained under section 20 section (a) that inventions - : ; 2% or seale in india en  be worked on a commerci (6) for the removal of doubts it is hereby deciared that nothing eer worked shall be w ich should in the public inter pmercial in this section shall affect the tight of the central government ot z fullest extent het 4 d theroin without undue delay "s a so any state government to make an application for the grant of a het is reasonably practicable; y and to the licence in respect of any industrial yndertaking of wading activity , (b) that the iaventor « a ; i c ent 'oa patent si : or or other person benefici | owned or earried on py such government to the 'ent shal receive teasonable essen, donel ally entitled : ature i ° e yernuneratio: rf 23pm (1) where the controller jas made an endorsement upon provision ; of the invention; m having regard a patent "licences of right' & sents worling en deve interests ot any person for th m or de t ang - ee 'or 1 sme : (a) any person shall at any time after such endorsement pe endorsed tion of a ten ieee an invention in india under n e being entitled as of right to 2 cence under the patent upon such terms pene } os rt is not unfairly prejudiced re protee~ , ight" 2) subject to t  ag in default of agreement yay be settled by the controller on c shall ) 'blest to tha provisions of sub-secti the application either of the patentee or of the person applying such apy determining whether tc make an near ; (1), the controller tor a licences hae ape feation or not, take account of mn _ al fae pursuance of any tet oe mh ce tas cwing matters (b) the controller may, op the application of a person g matters, that jolding a licence granted under the patent pefore the endorsesine (a) the nature of the invention, the ti  ment, order the yicence to be yevoked and grant a new licence ' " the sealing of the patent and iime which has elapsed by virtue: of the endorsement upon terms to be settled in the y the patentee or any licensee to make fine a already taken aforesaid manner (b) 'the ability of wake full use of the invention; aren y of any 7 (e) if in proceedings for the infringement of the patent a granted under the tee te work to whom a licence is to be (otherwise than by the importation of the patented articte from advantage; and work the ation to the public other countries) the infringing defendant is ready and will: © th p {d) the renewol fe dorsed shall, as fr tw of the & only of the fees which ¢) the risks to be und i taken by capital and lei incicr m by that person in pr:  but shall not a working the invention if the a teation ie geenteds yee 7m  } = ranted; the application of matters eubsequent to the sante eerie tions re- 230, lating 8 aet, wh jeine, it~ food er af food, medicine, 7 ate  7 aforesaid; {b} a process for gendueing euch ~ or '  ng o¢ ag part of & (c) any invention capable of being used as of 2°) e) any rave' , ; > rative devici surgical or cnivadt   person ade to him by x the controller shall ot  bs of adiconce under the interested, order the gr th aifess hh appears to him that such terms as he thi orn atent on such  application _ there ave gond reasons 4of vefus pe  the con here ate £ 1 the af ge: s under ne a ing the terms of heence: anes insecticides, (2) in settling t to secure that food, medicines, in nal be ao jeavour "oo  ive devices sha troltes ides, fungicides, end al and a actent with the fat idles, 2m") - reg! ag cops: ale ee coo ie to the public at the lowest prict availanic fa teaconable edvantage fr patentees' deriv 3 ence granted under tot acts all entitle the lic o ection shail entitl he (3) a licence gta nied vader this 6 aon to ach i rend the inve: j to make, use, exercise and \ ord he rae ose 08 el nore oe ae punsici s part anwecticide, germicide ot fungici ti pe ae or os tose eae medicine insecticide germicide or fang, tion of  mn 7 4 ther purposes of a surgical or curative devic ui for no 0 tion ch j jo-0c~ t an a patent referred to in sub - (4) where a patent othe  ° substance or process for produc eee the com government fs satisfied that it is ~ con aie inter st that a licence under suc! ing a substance anc gor weaiiont or necessary in the poo eel aa  yment may yy notions of sub-secand , patent 5 anted, the c ; a vatent should be arms ite direct that the pre 5 a tion ; ng the erant of licences i far as they can be made aan 4 a patent, and on the issve of such 4 2 os shall apply aneordinglyfen settling of the term: cabic, shall apply to suc jon the said provisions con 22, section 234 of sec- (1) every aoplication under section 2 ne at ee ify the nature of the order sough' by thy mee aien 23cc, shall spechiy ord oe auc i gta + se at cant and shall eomrtain a state em ts he eh uh se ication arest, tf any, ene e facts uf applicant' is based jg satisfied, upon © sideration of any i up ons tion of (2) where the controtle ha: be nn made out for the ise has bee it to serve copies o pearing applicat that a prene facie ; anc oe a order, he shall direct the applican raking r   a the patentee and any other pers ons 4 the application upo th tentee and a th e" he ap r jz invener ithin vneh time as as the comivoller me or after the expiration of 7 controller notice of opposition > any such notice of opposition shall contain a statement getting out the grounds on which the application is opposed, {5} where any such notice of opposition is duly given the convoller shall notify the applicant, and shall give ta the applicant and tbe opponent an opportunity to be heard before deciding the case supple- 23k (1) any order made by the controller under section 23, rovitieas ction 23b or section 23cc for the grant of a licence shail, without with res- prejudice to any other mode of enforcoment have effect as if it pect to were a deed, executed by the patentee and all other necessary orders parties, granting a licence in accordance with the order under section 23, (2) notwithstanding anything coniained in this act xno order section shall be made in pursuance of an application under section 23 or section section 234 or section 23b or section 283cc which would bé at 2300 variance with any treaty, convention, arrangement or engagement applying to india and any other country appeals 23f, (1) an appeal shall lie to the high court-at calcutta from any order of the controller made under section 23 or section 238a or under clause (a) or clause (b) of sub-section (1) of section 23b or under section 23cc  (2) every such appeal shall be made within three months of the date of the order passed by the controller and shall be in writing (3) in calculating the said period of three months, the time, if any, occupied in granting a copy of the order appealed against shall be excluded : procedure 23g, (1) when an appeal has been preferred to the high court forhear at calcutta under section 23f, it shall be heard by a bench of not ing of less than two judges appeals (2) the bench hearing the appeal may, if it thinks fit, and shall, on the request of ithe parties to the appeal, call-in the aid of an assessor specially qualified for the purpose, and hear the appcal wholly or partially with his assistance procedure on application under section 22, section 23a of section 23cc, if any, to be paid to an assessor under (a) the case this section § be deiermined by the high court cpenses of the execution of this of the aid by it as pa d ales i, ach gd a patentee may at any time, by giving notice in the preserib- power of ye controller ed manner to the controjler, offer to surrender nis patent, and th controller may, it afler gviig nolive of the offer and hearing ail ® revoke parties who desire io be heard he thinks si, accept the offer, and aed thereupon rnake an order for the revecation of the patent potent pe deemed to be royoked if the central gov- revoca- 23 a patent shall he patent tion ot erninent declares, by notification in the official gazette, t or the mode in which it is exercised to be mischievous to the state patent on public or generally prejudicial to the public prounds  i legal proceedingsotain- petition { wi __ voeation following grounds, namely: of patent 26 (1) revocation of a patent in whole or in part may be o ed on petition to or on @ counter-claim in 2 suit for infringemen pefore a high court on ail or any of the (a) that the jnvention has been the subject of a valid prior grant of a patent in india; (b) that the true and first inventor or his 'legal representa- hive or assign was not the applicant or one of the applicants for the patent; ained in fraud of the rights of (c) that the patent was obt: any person under the person applying for the revocation or of or through whom he claims; (a) that the invention was not, at the date of the patent, 2 manner of new ymanufacture or improvement, {e) that the invention does not involve any inventive step, having regard to what was known or used prior +o the date of the patent; (f) that the invention is of no utility; (g) that the complete spe cification does not sufficiently and the nature of the invention and formed fairly describe and ascertain the manner in which the invention is to be per (h) that the complete specification does not sufficiently and clearly ascertain the scope of the invention claimed: (i) that the patent was obtained on a false suggestion of yepresentation;  129 ~~that ¢} that the primary or intend ed use or exe gs vention: is contrary to law: gs) that the nstent wiih, the con ' de ; est (i) that the compiate vest me metic ethod of performance of the i left kant for the patent at the th ne when  eft at the patent: office; ne be ete or (m) th i that pr other penn tor to the date of the patent, mont ce hot geing authorities adra nish rg any der u service of gove  ve agents or ane of of any othes of government, or the agent se cnnteciars tat goes eens authorised in that be sie by, the cons er per n that be: + for re- ' ecretly wr i  mercial scah 7 ercly by we cee woele andes ne mvent experiment) i: i ra cheney : exnerime via tndlia, and thereby mm: de "ireet oc indivest ia te yom dire yt fon of ake ° such amount as court 3 vin ns ne cireustances of the case di 'tessonables he ca sem reasonable; 2; _ (0) that thei  ; is not the sare avantion claimed in the complete specificati tion, and that the in at contained in the provisional speciaen, in the provisional vention claimed, so far ag it is al specifica the complete g _ specification, was not ni ss not contained specification was filed: ew at the date when provided that thi ection ve effsct in rel the is sub-secti 4 arcu a see ion shall have effsct in relation to th ek ss h (@) in clause ( subject to th; ovisions 6 o wba or lau: b), 7 fo the provisions of s ms of seclion 78a,  fon 38 and () in clause  e (d), subject (2) of sectio: (d} subject to the provisi section 40 1 13, sub-section (12) of seetion 214 of gub-section (2) a petiti on for revocation of a patent may hb t e "presented— {a) by the advocate genera any person authorize, peate g al or a ks by erson i th d (6) by any person alleging - a whom he (i) that the patent wa: '  or of the ri s obtained in £ ey us claims; or rights of any person ander ov through bis rights, i) that he : , of any pel claims, was the true an person under or through whom he cluded i c d first inve i led in the claim of the pat centr of any invention inentee; or iii) that he, or any person under or through whom he claims an interest in any lrade, bus or manvyfacturc, had publicly marnifactured, used or sold the date of the patent, anything clali his invention s6f 1908 (3) the high court may, irrespective of any provisions of & code of civil procedure, 1908, in this behalf, require any person other than the advocate general or any person authoriz ad by him, applying for the revocation of a patent te give security for the © y ment of all costs incurred or likely to be ineurred by any pers: appearing to oppose the petition 27, gq) notice of any petition for revocation of a pater under novice of section 26 shall be served on all persons appearing from the rogistt® paes i" to be proprietors of that patent or to have shares or interests 4 ae persons in, and it shall not be necessary to serve the notice on any other jy evesi person ed (2) the notice shall be dezmed to be sufficiently served ia copy thereof is sent by post in a registered letter directed to the perso and place for the time being stated in the register 28, (1) a high court may, if it thinks fit, direct an issue for ee duel trial, before itself or any other high court, or any district trial i jon 2 of any question arising upon a petition to itself under section 2, proce and the issue shall be tried accordingly ater (2) if the issue is directed to another high court, the andine shall be certified by that court to the high court directing tn? issue - (3) if the issue is directed to a district court, the anding of tat court shall not be subject to appeal, but the evidence al " pon the trial shall be recorded and a copy thereof, certified by tbe judge of the court, shall be transmitted, together wi 1 marks which he may think fit to make thereon, to the 'at en directing the issue, and the high court may there pon he the finding of the district court, or dispose of the peti i ann evidence recorded, or direct a new trial as the justice of tne may require i +t in a district rt having suits for 29, (1) a patentee may institute a suit in a district court ing fringe £ i t vho, duting tot jurisdicti suit against any person who, ming ment 6 a rere of 2 on hee by him unde: this act in respect patents covitinuance of a patent acquired by him ul t oe bis of an invention, makes, sells or uses the invention i its it, or imitates it: license, of counterfeits it, provided that where counter claim for revacation of the patent made by the defendant, the suit, alon, (2} every ground on which a patent lion 26 shall be available by way of det ment ' 30 a patentee shall not be entitled to recover any damages in respect of any infringement of a palent granted after the commencement of this act from any defendant who proves that at the date of the infringement he was not aware, nor had reasonabia means exemption of innocent infringer from liability for darnages of making himself aware, af the existence af the patent, and the marking of an article with the word "patent", "patented", or any word or words éxpressing or implying that a patent has been obtained for the article, stamped, engraved, impressed on, or otherwise applied to the stticle, shall not be deemed to constitute notice of the existence of the patent unless the word or words are accompanied by the year and number of the patent: provided that nothing in this section shall affect any proceed- 's¢s for an injunction 31 in a suit for infringement of a patent, the court may, on | order    | for    ||----------|--------|| inspec-  |        || tion,    | ete   || in      | suit,  |the application of either party, make such order for an injunction, inspection or account, and impose stich terms and sive such directions respecting the same and the proceedings thereon, as the court may see fit 32 in a suit for infringement of a patent the court may certify that the validity of the patent came in question and if the court so certifies, then in any subsequent suit in that court for infringement of the same patent the plaintiff, on obtaining a final order or indgement in his favour, shall, unless the court trying the suit certifi cate of validity questionedand costs thereon otherwise directs, have his full costs, charges and expenses of and incidental to the said suit properly incurred 33 a court making a decree in a suit under section 29 or an order on a petition under section 26 shall send a copy of the decree or order, as the case may be, to the controller, who shall cause an entry thereof and reference thereto to be made in the register of natents ! ° transmission of decrees and orders to the contro}ler, resented under power a been presented un of poe 4 & high court to which a petition ha jismise the petition if eete yings on or dismiss the p' meout fn a ito esd be ais osed of more justly of slay proopinion the petition would be dispes say pr ently by another high court wee roceeding for infringement of if it thinks fit, and shall on @ ; revocation of hearing he request of sessar spec call in the aid of an as: ly or partially with 35 (i) in a sult or p watent, the court may, | thi oy! thie panties to the proccedings ll pially qualified, and try the case who - mee «of nh sayt ton t spect of sucr ; 2) a court exercising appellate: jurt oie 7 ne q proceeding may, if it thinks ft, callin the suit or : ng aforesaid (3) the remuneration, i any, to be paid to an assesso » this y, i ssessor under © paid to an ass 5 'ne secoronned by the court and be pal section shall in every case cution of this act, : it as part of the expenses of the exe ny ained in section i9, it the grant of atent finds that any one rater ot «  a withstanding anything con are fringement of a pi i ion for in p court in any action a or rnore of the claims in the specifica imfringement is alleged are valid, it may espect of which the perionlar subject to its discretion a aims amages should be reekones to costs and as to the date from wrien 'i ae oom ni able grant to amendment as gs and to such terms as infri y without ims which are infrin ; ut ief i any of such claims which fnged i voeerd ¢ ret valtdity of any other claim in fhe sp ao efon regard: to och discretion the court may take into saar whe cond  f the parties in inserting such inv the conduct 0 s  rer specification or permitting them to remain here: m a patent, remedy a i est to have af er any other incase of 26 where any person claiming te ie, threatens en cased ; "oh lars, advertisements or © se bi in respect of any ary by circulars ceedings or liability thereby 183  person with any lexet pm tent, any person aggrieve threats of pers ent: erso infrt the pe avi nurisdictio® tesa] pr ea ee ait caeinst him in a district court havin 6 may bring a sur 'yy ins contl ceedings: inj i st the | co! cee' ast it, and may: obtain an gnjunction - agat ta try the suit, a yer such damage hf any) as 2 ti uch damage ( , and may recover sue va which the nuance of such threats, net eee yaising wt to neh & veewate ' tin fact an qnfiringement of the paten threats related was not i jon for 7 if an action of tion shall not apply i on due utes 4 is commenced and prosec! provided that this sec' infringement of the paten diligence  miscelianeousgrant of i ib 37, where, after the commencement of this aci, granted to two or n cng jointly they spall va: itor the pi persons, joing tenants contract to the contrary, each of such, persons use the invention for his own profit without others, but shall not be entitled to grant a licence w consent, and, if any such person dies, his beneficial + 'atent shall devolve on his legal representatives, public | use       | or    ||-----------|-------|| know-     |       || ledge     | of    || invention |       |38 the publie use or knowledge of an invention in india before the date of the application for a patent thereon shall not invalidate the patent granted thereon if the knowledge has been otained surreptitiously or in fraud of the true and  first inventor ev hig legal representative or assign or has been communicated to the public in fraud of such inventor 'or his jegal representative or wisign or in breach of confidence: provided that such inventor or his legal representative or assign has not acquiesced in the public use of his invention, and that he applies for a patent within six months after the commencement 'ot such use diseon formity 38a a patent shall not be held to:be invalid 'on the ground thas the complete specification claims a further or different invention to that coniained in the provisional, if the invention therein claimed, so far a3 it ig not contained in the provisional, was novel al the date when the complete specification was put in, and the applicant for the patent was the true and first invenior thereof, or the legal representative or assign of such inventor, | loss    | or    ||---------|-------|| destruc |       || tion    | of    || patent, |       |39 lf a patent is lost or destroyed, of its" non-production is accounted for to the satisfaction of the controller, the controller may at any time, on payment of the prescribed fee, seal a duplicate thereof 40 the exhibition of an invention at an industrial: or other exhibition to which the provisionsof this section: have been extended by the central government by notification in the official gazette, or the publication of any description of the invention during: the period of the holding of the exhibition, or the use of the invention for the purpose of the exhibition in the place where the exhibition sions as to exhibi tons and readings before learned societies, is held, or the use of the invention or the publication cf any deseription thereof, during or after the period of the holding of the exhibition, by any person elsewhere without the privity or consent of the inventor or the reading of a paper an inventor society, or the publication of that paper in the s shall not prejudice the right of the inventor to apply for learned asactions and obtain t foany pf a patent in respect of the invention, or the validity granted on the application: provided that— (a) the exhibitor exhibiting the invention or the inventor reading the paper or authorising the publication thereof, as the case may be, gives to the controller previous notice in the preseribed form; and : (b) the application for a patent is made before or within six months from the date of first exhibiting the invention or of the reading of the paper, as the case may be, or when it has not been so read, of the said publication 41, the trustees of the indian museum may ai, any time require models to a patentee to furnish them with a model or sample of his invention b® ne on payment to the patentee of the cost of the manufacture of the ™s7© indian model or sample, the amount to be settled, in case of dispute, by the juseum central government 42, (1) a patent shall not prevent the use of an invention for the foreign purposes of the navigation of a foreign vessel within the jurisdiction vessels in of any court in india, or the use of an invention in a foreign vessel indian within that jurisdiction, provided it is not used therein for or in connection with the manufacture or preparation of anything intended to be sold in or exported from india (2) this section shall not extend to vessels of any foreign state of which the laws do not confer corresponding rights with respect to the use of inventions in indian vessels while in the ports of that state, or in the waters within the jurisdiction of its courts       51b the provisions of section 21 shall epply to registered designs registraas if those provisions were re-enacted herein and in terms made tion of a ;  designs to applicable to registered designs pind the       government 34, the provisions of this act with regard to certificates of the appiica validity of a patent, and to the remedy in case of groundless threats tion of of jegal proceedings by a patentee shall apply in the case of regis- certain tered designs in like manner as they apply in the case of patents, oe with the substitution of references to the copyright in a design for aut ast references to a patent, and of references to the proprietor of a design patents to for references to the patentee, and of references to the designs for designs references to the invention  grnbralent office and proceedings thereat a p of 58 (1) the central government may provide y the purposes pateny ver office of this act, an office which shall be called, and is in th: to as, the patent office (2) the patent office shall be under the immediate contro! of the controller of patents and designs, who shall act under the supcrintendence arid direction of the central governrnent (3) there shall be a seal for the patent office (4 any act or thing directed to be done by or te the controller may be done by or te any officer authorized by the central government 56, the central government may appoint the controller, and so officers many officers and clerks, with such designations and duties, as i) and thinks fit clerks,  fees57 (1) there shall be paid in respect of the grant-of patents and fees the registration of designs, and applications therefor, and ih respect of other matters with rélation to the patents and designs under 'this act, such fees as may be vreseribed by the central governrhent, so however that the fees prescribed in respect of 'the instruments and matters mentioned in the schedule shall not exceéd those there specified :   , $   = 59a a person making a request to thecontroller in the brescti>- toma ed manner as respects any patent specified in the request or (a8 tion relat respects any application for a patent so specified, for information ing to to be furnished to him by the controller of any such matters as may patents be prescribed affecting that patent or application, shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly, ' |     |     | %    | a    | ea    ||------|------|------|------|-------|61 (1) where an application for a patent has been abandoned of pryonibi- 4 i ings (if tion fications and drawing: shea been refused, the speci: : saw a pubties deemed fe ne : oe lett in connection with such applicatio! sh ton of se ee ae others : ssly provided by this act, al any time ois se e : : : not, save agotherwise expr vo  ished by the controller cation, be open to public inspection or be published 8  drawings, where application abandon ed, ete ; , power 62 the controller:inay, on request' in writing accompanied by for con a troller the' prescribed fee,— to correct i i i ith an : {a) correct any clerical error in or in connestion with cleric : i specifica 3 rs application for a, patent or in any patent or any spec 3 erro! (b) correct any clerical error fo ihe sere ot any stent i i me or address of the pr see eae in ae other matter which is entered upon the register of patents or the register of designs - atey of erson becomes entitled by assignment, trans assign wo oo ther open tion of law to a patent or to the copyright in ments and register rae on he may make 'application to the controller _to transmisa registered te eed the controller shall, on receipt' of such applica- sions tn sey on pret of title to his satisfaction, régister him as the x oe "ctor of such patent or design, and shall cause an ony toe ede in the prescribed inanner in the register of thé assign  transmission or other instrument affecting the title, veunsoe on (2) where any person becomes entitled as mortgagee, re ane otherwise to any interest in a patent or registered oe pied make application to the controller to register is fe and oe troller, shall, on receipt of such application an @ cave me te his satisfaction, cause notice of the interest to we eee prescribed manner in the, register of patents or des oe tine ao may' be with particulars of the instrument, if any, interest a ; : 7 - (3) the person registered as the proprietor ofa pants anne : hail subject to the provisions of this act and to any hts ap ee fi the register to be vestéd in any other person, p wen abe tutet to assign, grant licences as to, or otherwise deal a 5 the vatent or design and to give effectual receipt for any consideration 'for any such assignment, licence or dealing: provided that any equities in tespeect of the patent or design may be enforced in manner ag in respect of any other moveable property (4) except in the case of an applicai made ander section 84, a document or instrument in tespect of which no entry his been made in the register in accordance with the' provisions of subisactions (1) and (2) shall not be admitted in evidence in any court in proof of the title to a patent or to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs, rectificae &4 (1) the controller may, on the application in the prescribed tion of manner of any person aggrieved by the non-insertion in or ornission register from the register of patents or designs of  any entry, or by any entry made in either such register without sufficient cause, an error or defect' in any entty in either such register, make such order for making' expunging or varying such entry as he thinks ft and rectify the register accordingly - oe la e ar '& " (5) nothing in this section: shall be deemed to empower the controller— : (a) to rectity the register of patents, or to decide any question relating to a patent, otherwise than for the purpose of correcting a mistake of fact apparent from a reference either to the patent itself or to some order of &,competent authority made under any other provision of this act, or |' a  + id  ve publica- 66 the controller shall issue periodically a publication of patention of ted inventions containing such information' as the central governpatented ment may direct, 7 inven 2 : ; cee tions -   - exercise 67 where any discretionery power ig by or unde¥ thisact given ofdiscre to the controller, he shall not exercise that power adversely to the tionary applicant for a patent, or for amendment of an application: or of 'a power specification, or for registration of a design' without (if' so' required pense within the prescribed time by the applicant) giving the applicant an opportunity of being heard - - = ee, ad & = a grant a patent tor @9 (1) the controller may refuse to use would, in his invention, or to register 2 design, of which the opinion, be comtrary to law of morality es " + es a if docuyitten copies or extracts, purporting  46 la, printed or w certified by the controller an office, of or from patents, specificat geal of the paieut & d sealed with the contin jons and other documents in the batent patent office, and of or from registers and other books kept there omee, shall be admitted in evidence in all courts in in ang in all pro- hout further proof or production of the originals: ecedings, wit fs %  72, copies, of all such specifications, drawings and amendments transmisleft atthe patent office, as become open to public inspection under sien of the provisions of this act, shall ve transmitted, as scon as ma be, copiss of after the printed copies thereof are availabic, to such authorities 'fore n tin thig bebal!, and shall anding at_all reasonable times at pection the weceot ag the central government may appoin pe open to the inspection of any person places to be appointed by those authorities and approved by central government = g notice of any opposition under this gconrit f appeal from any decision ot for costs, s nor carries on business q4a where a person givin: act or giving notice to the court o the controller under this act, neither reside: in india, the controller or the court, as the case may be, may require such person to give security for the payment of all costs jncurred and likely to be incurred in the procecdings or appeal, as the case may be, and, in default of stich security being given, may disallow the opposition or dismiss the appeal  , agency75 the following documents, namely ,— subsorip- saeed e, tent, tion and (), applications for a pal ent, verifica- (2) notices of opposition, tion of (8) applications for extension of terms of a patent, certain (4) applications for the restoration of lapsed patents, docu ments (5) applications for leave to ameénd, (6) applicatioiis for compulsory licence or revocation, (1) riotices of surrenders of patent, and: (8) applications for entlorsement of patent with- the words "licenses of 'right',  : " shall be signed and verified, in the manner' prescribed, by the person making such applications or giving such, notices: prayi ad that absent trom india, ray he signed authoriz signed by, and all att yor through a le: o the satisi lor or hy oner or by controller if he sees fit, reyuive—  +  he persona on a i the personal signature or prese of a pplica  i " ' mee ny applicant of powers ate tral wwers, etc of central government 37, (1) the central g think: ar  ~ i overnment may make  hinks expediont subject to the provisions of this  uch rules as it fs  power for central govern-~ ment to make rules, (c} for making i  ¢ taking or requiring duplicates 1 i crawings and other documents: - © of "specifications, gy ¢£ ; copie, > fer secu ing and regulating the publishing and selling of spies, ch prices and in such me e serine of government think: manner as the central s fit, of specificati i ntra documents; pecifications, drawings and other {e} for securing and regulati  gulating th i inti list " 7: : ya gu ig the making, printiy ishing and selling of indexes to, and abridgment of see ee, ' s and other documents in the patent office; and sevichng or the inspection of indexes and abridgment 4 providing ments: ents and other cecu- {eee} for ensuring secrecy with respect to patents to w ecy u z cowtion mee pect nts to whieh i (2a) nothing in sud-section (j _ ga) n is m (2) shall apply in the ¢ nade ier the purpose specified in clause tee) oat sub-section oy noma i ra i 3 y such rules may modify any of the provisions 'of thi pas as may be necessary for that purpose 8 act so for ¥      offences7@ if any person uses on his slace of business, or on any document issued by him, or otherwise, the words "patent office", or any other wor ling that his place of busin: is officially wrengtul use of words "patent oifice" 1¢ pateiwt office, he shall be punishable with io two hundred rupees, and, in the case ith further fine of twenty rupees for each ued alter coiviction therefor, of a continuing offcenec day on which the off reciprocal arrangements with the united kingdom und other parts of his majesty's dominions 78 (4) whereas his majesty has by order made on the 28th united kingdorn and other parts of his majesty's dominions day of july, 1938, declared british india to be a convention country within the meaning of section 91a of the patents and designs acts, 1907 to 1938, any person who has epplied for protection for any invention or design in the united kingdom, or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the patent that may be granted to him under this act, for the said invention or the registration of the said design under this act, shall be in priority, to other applicants and shall have the same date as the date of the application in the jaited kingdom: provided that— (a) the application is made in the case of a patent within twelve months, and, in the case of a design, within six months from the application for protection in the united kingdom; and (b) nothing in this section shall entitle the patentee or the proprietor of the design to recover damages for infringements »appening prior to the actual date on which, in the case of a patent, his application jis accepted or, in the case of a design, the design is registered, in india (2) 'the patent granted for an invention: or the registration of @ design shall not be invalidated— (a) in the case of a patent by reason only of the publication of a description of, or use of, the invention, or (b) in the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design, section as that within in india during the period specified in this which the application may be made, 3) t e applicati ki n under this section an ordinary application unde; provided that in the ca (a) the application sha? by a complete specification; and eighteen raoaths  artes r ss(b) if the application is from the date of the application fot protection in the tjnited kingdom, the specification shall, with the drawings gf any) supplied therewith, be open te public inspection at the exp of that period (4) where il is made to appear to the central goverament that the legislature of any other pari of his majesty's dominions has made satisfactory provision for the protection of inventions er desi, s patented or registered in india, the central govern: ent may, by notification in the official gazette direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection af inventions or designs patented or registered in that part of his majesty's dominions os   f  v    the bdule(see section §; pres be on application for a patent accompanied by provisional specification    :  : on filing complete specification after provisional specification on application for a patent accompanied by complete specification   : :  :  for sealing a patent before the expiration of 4ih year from the date of the patent before the expiration of the sth year from the date of the patent before the expiration of the 6th year from the date of the patent b: fore the expiration of the 7th year from the date of the patent before the expiration of the 8th ycar from the date of the patent 100 before the expir ion of the 9th year from the date of the patent here) before the expiration of the 10th year from the date of the patent 100 before the expiration of the r1th year from the date of the patent before the expiration of the 12th year from the date of the patent before the expiration of the 13th year [rom the date of the parent before the expiration of the 14th year from the date of the patent before the expiration of the 1th year from the date of the patent provided that the fees for two or more years may be paid in advance on application to extend the term of a patent in respect of each year of the extended term of a patent or of a new patent granted under section 15    an application for registration of a design 