 bid no 'lor 1"5 the patents bill, 1955 arrangement of clauses clausa chapl'er i pri!iim dlajn"1 short title, extent and commencement 2 definitions and interpretation  chapterd inventions not patentable3 what are not inventions 4 inventions relating to atomic energy not patentable 5 inventions where substances are not patentable but methocb or processes may be  chapter iii applications for patents6 persons entitled to apply for patents 7 form of application 8 information and undertaking regarding foreig:t applications 9 provisional and complete specift~atfons 10 contents of specfficatioftl 11 priority dates of claims of a comple~e specldcation  chapter iv examination or applications12 exam!nation of application 13 search for anticipation by previous publication and by prior claim, i t (0 1261(b) ls-l clavaa 14 consideration of report of examiner by controller  15 power of controller to refuse or require amended applica- tions in certain cases 16 power of controller to make orders respecting division· of application i 17 power of controller to make orders respecting dating of application 18 powers of controller in cases of anticipation 19 power of controller in cases of anticipation 20 powers of controller to make orders regarding substitution of applicants, etc 21 time for putting application in order for acceptance 22 acceptance of complete specification 23 advertisement of acceptance of complete specification 24 effect of acceptance of complete specification  chapi'er v opposmon to grant of patent25 opposition to grant of patent 26 in cases of 'obtaining' controller may treat application al applica~ion of opponent 27 refusal of patent without opposition 28 mention of inventor as such in patent  chapter vi  anticipat'iolf 29 anticipation by previous publication 30 anticipation by previous communication to govemmenl 31 anticipation by public display, etc 32 anticipation by public working 33 anticipation by use end publication after provisional spedftcation 34 no anticipation if circumstances are only as  described iii aections 29, 30, 31 ~d 32  provisions j'or secrecy of certain inventions35 secrecy directions relating to inventions relevant for defence purposes ! ! 36 secrecy directions to be periodically reviewed 37 consequences of secrecy directions 38=-revocation of secrecy directions and extension of time 39 residents not to apply for patents outside  india without prior permission 40 liability for contravention of section 35 or section 39 41 f'inality of orders of controller and centml govemiilent 42 savings respecting disclosure to government  chapter viii ubant a1i1d sealing of patents and rights conj'l:llrkl) nnm'dy43 grant and sealing of patent 44 amendment· of patent granted to deceased applicant 45 date of patent 46 form, extent and effect of patent 47 rights of patentees 48 patent rights not infringed when used for certain purposes 49 patent rights not infringed when used on foreign vessels, etc, temporarily or accidentally in india 60 rights of co-owners of patents 51 power of controller to give directions to co-owners 52 grant of patent to true and first inventor where it has been obtain~d by another in fraud of him 53 term of patent  chapter ·ix - patfnts 0  addltior54 patents of addition 55 term of patents of addition 56 validity of patents of addition  chapter x amendment 0  specifications57 amea~t of specification before controller 58 amendment of specification before high court 59 supplementary provisions as to amendment of specificatioa  chapter xi restoration of lapsed patents60' applications for restoration of lapsed patents 61 procedure for disposal of applications for restoration of lapsed patents 62 rights of patentees of lapsed patents which have been -l'eatored  chapter xii st1rrender and revocation of patents63 surrender of patents 64 revocation of patents 65 revocation of patent or amendment of complete speciftcatioll on directions from central government in cases relating to atomic energy te revocation of patent :in public imerest  cliapterxw67 register of patents add particulars ·to -be 'entered therein 68 assignments, etc, not to be valid unless ·in writing and reatstered 19 ae,:atratign of assignments, transmissions, etc 10 power of rejistered ii'bntee or proprietor to deal witll patent  clauas71 rectification of regi&;ter by high cou1'l 72 register to be open for inspection  chapter xiv patent office and establishment73 controller and other officers 74 patent office and its branches 75 restrictions on employees of patent office as to : ight or interest in patents 76 officers and employees not to furnish information, etc  chapter xv powers of con'l'rollfr genbllally77 controller to have certain powers of a civil court 78 power of controller to correct clerical errors, etc 79 evidence how to be g~ve'll and powers of controper in respect th ereof 80 exercise of discretionary powers by controller s1 d:sposal by controller of applications for extension of time  chapter xvi working of patents, compulsory licences, licences of right and revocation82 definitions of "patented articles" and c&patentee" 83 general principles applicable to working of patented inven-'tiona i 84 compulsory licences 85 matters to be taken into account in ,~tidg compulsory licences 86 endorsement of patent with the words "licences of right" 87 certain patents deemed to be endjl'sed with the words "licences of right" 88 meet of endorsement of patent with the words fll1cencea of right" 89 revocation of patents by the controller for non-workinj 90 \vhen reesonable requirements of the public deemed not satisfied 91 power of controller to adjourn applications for compulsory licences, etc, in certain cases 92 procedure for dealing with ap~tions under sections 84, 86 and 89 93 powers of controller in granting compulsory licences 94 general purposes for granting compulsory licences 95 terms and conditions of compulsory licences 96 licensing of related patents 97 special provision for compulsory licences on notific:attoll by central government 98 order for licence to operate as a deed between parties concerned  chapter xvii use of inventions for l'urposls of governmeni and acquisition of inventions by central government99 aieaning of use of invention for purposes of government 100 power of central government to use inventions for plulposes of government 101 rights of third parties in respect of use of invention for purposes of government 102 acquisition of inventions and patents by the central government 103 reference to high court of disputes as to use for purposes of government  chapter xviii suits concerning infringement of patentb 104 jurisdiction~105 power of court to make declaration as to non-infringement ~'l~t1sa 106 power of court to grant relief in cases of groundless threats of infringement proceedings 107 defences in suits for infringement 108 reliefs in suits for infringement 109 right of· exclusive licensee to take proceedings against infringement 110 right of licensee llt\fjpx section 84 to take proceedinp against infringement 111 restriction on power of court to grant damages or account of profits for infringement 112 restriction on power of court to grant injunction in certain cases 113 certificate of validity of specification and costs in subsequent suits for infringement thereof 114 relief for infringement of partially valid speciftcatiod 115 scientific advisers  chapter xixlu5 appeals 117 procedure for hearing of appeals  chapi'er xx penalties118 contravention of secrecy provisions relating to certain inventions 119 falsification of entries in register, etc 120 unauthorised claim of patent rights 121 wrongful use of words 'patent offtce' 122 refusal or failure to supply infonnation 123 practice by non-registered patent agents 124~ otfenc;:e~ by companies  pa~~ ,  125 retister of patent ~,  ~ ~ for relis~od_patent ,edts 127 rights 01 patent agents ' "' ,,:' j ' "'~ "m "subsdtiptlon aftd ftriftcation' at certajn 'docwdents by  ~ patent agents  ' i29 kestrfctfom on' prac~i~ as pate~ _·~~s 130 removal from register of patent agents and restoration "'4 -   131 power of controller to refuse to deal with cettain agents " i -  sa~" ia ",t af,other peqqd& autbdriled ~ ic~   _t '" '  ~~    chapter xxii ijctj:rnational auangdftr is133 ~oti1ication as to ~~edtjop ,cp~tries - "i 134 notification as to countries not providing for reciprocity 13~ codvention applications 138 special provisions relating to convention app1ti:bflorl&' 137 multiple priorities l38 supplementary pr~ilft1s -, "bl- convention applications 139 other provisions of af~!<? ~p9ly to c:>nvention applications  chapter xxlli  - '    mrscellanj:otrs140 avoidance of eertaid restrictive cgdditions 141 determination 01: certain contracts, 142 fees - ' "'\r" 143 restrictionw: 1ipaa 'publication of ~atiodl· , "' l44 reports of a;""dners to be eonftdegtial ~ r • 145 publication of patented invauoal  ,  cul1ii8----146 power of controller to call for information from patentees 147 evidence of entries, document, etc 148 declaration by infant, lunatic, etc 149 service of notices, etc, by ~t 130 security for costs 151 transmisaion of orders of courts to controller 152 tl1iii1i1utsaion of copies of speciftcations, etc, and inspection thereof 153 information relating to patents 154 loss or destruction of patent 155 reports of controller to be placed before parliament 156 patent to bind government 157 right of government to sell or use forfeited artiel 158 power of high courts to make rules 159 power of central government to make rui- 160 rules to be placed before parliament 16l special provisions with respect to certain applications deemed to have been refused under act 2 of 1911 162 repeal of act 2 of 1911 in 10 far as it relat to patents , and savings 163 amendment of act· 43 of 1958 the schedule   1261 (b) ls-2  billto amend and consolidate the law telating to patents be it enacted by parliament in the sixteenth year of the republic ~ of india as follows: _    chapter is 1 (1) this act may be called th:~ patentsact, 1965 !bort title (2) it extends to the whole of india eztent  and com-(3) it· shall come into force on such date as the central gonm- mencemeat may, by dotiftcation in the ofticial gazette, appomt  "' dddi-z (1) in this act, unless the context otherwise requires,- !no:-__ _  ___  __  (4)  "al8ignee" includes the legal representative of a deceased interpre assignee, end references to the assignee of any person include taudd references to the assignee of th~ legal representative or assignee s of that person: (b) "controller" means the controller general of patents, designs and trade marks referred to in section 73; (c) "convention application" means an application for a patent made by virtue of section 135; (d) "convention-country" means a country notified as such 10 under sub-section (7) of section 133; (e) udistrict court" has the meaning assigned to that exa at 1801 pression by the code of civil procedure, 1908; (f) "exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons is authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and uexclusive licensee" shall be construed accordingly; (g) ufood" means any substance intended for the use of, or capable of being used by  babies, invalids or convalescents as an 20 article of food or drink, which the central government may, by notification in the official gazette, specify in this behalf; (h) "government undertaking" means any industrial undertaking carried on-(i) by a department of the government, or 25 (ii) by a corporation established by a central, provincial or state act which is owned or controlled by the government, or (iii) by a government company as defined in section 617 30 1 of i"  of the companies act, 1956, and includes the council of scientific and industrial research, any university established by law in india and 3ny other institutfon for scientific or technical education which is ftnanced wholly or for the major part by the government; (i) ''high 'court" means-3s (i) in relation to the union territory of delhi and the union territory of himachal pradesh, the high court of punjab;  ~ _', ":(iq ~ rela'kmtqthe upiod tjwitoryof mnupur and the union territory of tripura, the high court of assam; : :--~ :, (iii)-' !p' lelationto the unicm temtory 01 tile andaman ~nicdbar isladds, the high cou1't at caleutta;" i; 5 (iv) in 'relation t~ the union territory of the laceadive, (i';~ -mmicoy ana amlndtvi island,·ta higbcquft  kerala; (v) in relation to the union territory of goa, daman and ~ and the l,inlo~ ~tory of dadra iijlp n:  ar havell, the high court of bombay;  io-~t:-j-'),: :" , (~t ~ relati~m to the union tenitory ?f ~ondiehe1t1, the high court of madms; and ' (vii) in relation to any other state, the high court for  tllat ate; (;) "invention" means any new and useful-(i) art, process, method or manner of manufacture; :- -,, 00'" maejrme,' appmrtus tit" otjter· article; or (iii) substance produced by manufiaetjll'e, ~nd includes any new and usefu'l improvement of any of them, 4ind an alleged invention: 20 ,jc) "lepl mepreseutative" meads a·person who in la" r~ sent1i the estate of a deceased person; (1) "medicine or drug" includes--(i) all medicines for internal or external use of human beings :or animals,  "" (u)  all substances intended to be used for ,or in the  diagnosis, treatment, mitigation or prevention of diseases in 'human beings or animals, (iii) all substances intended to be used for or in fhe maintenanct: of public health, or the prevention or control of any epidemic di!o:lease among human beings or animals, 30 (iv) all chemical substances, to the extent to·which they are used as intermediates in the preparation or manuf:cture of any of·the medicines or substances above referred to, but does not include insecticide, germicide, fungicide ~r any other substance intended to be used tor the protection or preser- vatioll' l)f :p18l11s;' "  (m) '~tedti' means a patent granted udder this act; (n) "patented article" and "patented proce" mean respectively an article or process in respect of which - patent ii in force;   - - (0) "patentee" means the person for the- time bema entered 5 011 the register as the grantee or proprietor of the patent; (p) "patent agent" means a penon for the ~e being real»-tered under this act as a patent agent; (q) "patent of addition" means a patent eranted m accordance with section 54;  10 (,) "patent oftlce" means the patent oftlc:e established under section 74; (_) "person" includes the government; (t)lf'petson-illtaested"'ineluties a penon engaged in, or in promoting, research in the same field as that to which the 15 invention relates'; (u) "prescribed" means, in relation to proceedings before a 'high court, prescribed by rules made by the idgh court, and in other cases, pn!scribed by rules made under this' act; (v) "prescribed manner" includes the payment of the pres-'bed f 20 en ee; (w) "priority date" has the meaning assigned to it by secuon 11; (z) "register" means the register of patenta referred to in 25 section 67; i (y) ·"true and first inventor" does not include either the 1lrst -, importer of an invention into india, or a person to whom an invention is first communicated from outside india (2) in this act, unless the context otherwise requires, any reference-30 (a)  to the controller shall be construed as including a reference to any officer discharging the functions of the controller in pursuanee of sub-section (2) of section 73; , (b) to the patent offtce shall be construed as including a' reference to any branch oftice of the patent oft\ce 35 3 the followlng"are not inventions within the meaning of this w'hitit,1 aet\-' ','" ,,' ue_-,,4l , ,(4) an invention which is frivolous or which cla,irna l'dy- tio~ [\ :j thing' obviously contrary to wen established natura1laws;   (b) an invention the primary or intended \lie of which would be contrary to law or morality or injurious to public health; 10 ; (c) the ~e disc~ery of a scientific principle or the formulation of an abstract theory; (d) the mere discovery of any new property or new ue f~ a known substance or of the mere new use of a known process, maeblne or apparatus; is  (e) a claim to 'a substance obtained by a mere admixture reuttb1g oiuy in the aggregation of the properties of the comporients~ber:eof or a process for p~cing streh substance; (f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another ~ in a known way~  "  ", j(g} a 'method or proeess of testing applicable during, the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restontion of the existing machine, apparatus or other equip--  - ii - ment or for the improvement or control of manufacture; (h) a method of agriculture or horticulture; 30 (i) any process for the medicinal, surgical, curative, prophylactic or other treatment of man or any process for iii simiiar treatment of animab or piants to render them free of dliea~ or to increase their' economic value or that of their products  , , t no patent shan be granted in respect of an invention relating inventions to' atomic' energy fallingwithiil sub-section (1) of section 20 of the relfltiq to atomic 'energy act, 1962 '" atomic " _ r' ~i' enen ~ patent-_le s: in the case of inventi~ (4)' claiming ~bstances intended for use, or capable of  - ina used, as food or: as 'm~cme or drug, or tb-) nlrtfa, to, , •• a •• i}¥epued ql" p~ py, - ucal processes (including alloys, optical glass, semfconductqrt s and inter-metallic compounds), --!i; i r ~ ,  ':" no pat~,shau'be,ar~ iitr~t of cl~'fol" ~ ,~ f·:k  th~lves, but clai~ for the methods or processes of mlllltdaeture ~<~ "~~' '  '   ,w;'" sblj e patta " i il"""  " , ~'-::_ i" ••• ,'/' i  ,  - l:1': 'i' applications ror patdrl's i (1) subject to the provisiods qontained ,in,section 134, an apflication for a patent for an invention may be made by" 'any of  ~,pedlolu, that·is to sa,,- ,', ' " f ';rp "~r '" --::-"""--'~'-'''''''--~'''i"_''~'~  ,  (at 'by any person "cr~'to'obe the·buand ·ftnt in- is ventor of the invention;         ,,·;1 & ijd';" ti' ~                ~  ~, n,i<'· ,j" ,~    ',,,             _':' :(,il) p~:aqy geraon being u1e assignee of the pt:rson clajm-        idi to be ~                                       wue ~                                                           &it inventor in ~,                                                                                                               pf the 'riah~ to          make 8uch anapplicauoa;                                                                                                                                 ' ,                   (c) by the legal representative of any deceased                                                                                                                                  person ao        ,who tmmediately before his death' 'wasentftled :to make such         an application                                                                                                                                                                                                                                                                , )         (2) an application under sub-section (1) may be made by any' ~ 'tie 'fei'sod8refernd to thereinehhe!- alone « joidtl, ,with any' oflier' jjetson:                                                                                                                                                 2 s ~  ~ :i'aimot n)pliea-rtfan '·(i':j~ • :'(1)' 'every ~~lication for' a patent lhad 'be'for ode filvention only and ihall be made in ttle prescribed 'form and ftled in  the patent oftlce"                                     '                                                                                                                                                                       ij; •• (2) where the applieation is made by virtue of an assignment _c>t;~e  right to apply for a patent for ,the invention, there shall be 30 ~n~:1~  - ·  ih;; -c  -r  " , ~    ~'f'i-"j·'  , flmmf8be~ ,~witb uje application or ,nthin -suehperiod as may                                                                be predibed after' the 1uing' of' theapplic8tfon~ ,-                                                                                                     ,                                                                     '(4) an afticlavit by the person claiining to be the true and     first inventor or his                           legal                                 representative                                                 stating tbat                                                                he     absems· >te -th~ rmaki~ of the app¥ca~ion; and                                                        ,                                                                   35        :(b): an :aildavit signed byth&'applicantaett1dg ~ the     facts relied on tq support the application                                                                    (3) every application under this section shall state                                                          that the applicant is in possession of the invention and shall llame the owner claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes'- theperson so named to be the true and first inventor s (4) every such application shall 'be accompanied by a provisional or a complete specification 8 (1) where an a,pplicant for a patent under this act is pro- wonna secuting either alone or jointly with any othpl" person an appli- tlon and cation for a patent in any country outside india in respect of the :r-io same or substantially the same invention, or where to his know- re~ l~e  such an application is being prosecuted by some person in, through whom he claims or by some person deriving title from him, foreip he shall file along with his applicationappuca-is 20 (a) a statement setting out the name of the country tl~ where the application is being prosecuted, the serial number and date of tiling of the application and such other particulars as may be prescribed; and (b) an undertaking that, up to the date of the acceptance of his complete specification filed in india, he would keep the controller informed in writing, from time to time, of de~ of the nature referred to in clause (a) in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside india subsequently to the tiling of the statement referred to in the aforesaid clause, within eight weeks from the date of the matter coming to his lmowledge: ' (2) the controller may also require' the applicant to furnish, u far as may be available to the applicant, details' relating to the objections, if any, taken to any such application as is referred to ]0 in sub-section (1) on the ground that the invention is laeking in novelty or patentability, the amendments effected in the'spedfteations, the claims allowed in respect thereof and such other particulars as he may require 9" (1) where an application for a patent (not being a convention !7~~-35 application) is accompanied by a provisional specification, a complete ancl specification shall be filed within twelve months from the date of eomph!te filing of the application, and if the complete specification is not so ~ filed the application shall be deemed to be abandoned: cations provided that the complete specification may be filed at any 40 time after twelve months but within fifteen months from the date aforesaid, if e request to that effect is made to the controller and the prescribed fee is paid on or before the date on which tae complete specification filed :  ! :; ~z) where two or more applications in the name of the same applicant are accompanied by provisional specifications in· respect of inventions which are cognate or of which one is a modification of another and the controller is of opinion 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 to be filed in respect of all such prcviaional ~pecifica· tions (3) where an application for a patent (not being a convention application is accompanied by a specification purpo~ing ~o be a com- (0 plete specification, the controller may, if the applicant so requests at any time before the acceptance of the application, direct that such specification shall be treated for the purposes of this act as a provisional specification and proceed with the application accordingly (4) where a complete specification has been filed in pursuance (5 of an application for a patent accompanied by $\ provisional specification or by a specification treated by virtue of :1 direction under sub-section (3)" as a provisional specification, the controller may, if the applicant so requests at any time before the acceptance of the application, cancel the provisional specification and post-date 20 the application to the date of filing of the compl~te specification contents ofspeclftcations 10 (1) every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates (2) subject to any rules that may be made in this behalf und~l' zs tl1is act, drawings may, and shall, if the controller so requires, be iupplied for the purposes of any specification, whether complete sr provisional; and any drawings so supplied shall, unl~ss the control  1er' otherwise dire'cts,· be "deemed to form part of the speciftcation, ail~ references"' in this act to a specification shall be construed 30 accardingly: (3) if in any particular case the controller considers that an application should be further supplemented by a model or sample of anything lllustrating the invention or alleged to constitute 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 shall-(4) fully and particularly describe the invention and its operation or use and the method 'by which it is to be performed; 40 (b) disclose the best method of performing the invention which is lmown to the applicant and for which he is entitled to claim protection; and (c) end with a claim or claims deftnin·g the scope of the ___ , _____ invention for which protection is claimed (5) the claim or claims of a complete specification shall relate to a single invention, shall be clear and succinct and shall be fairly s based on the matter disclosed in the specification (6) a declaration as to th~ inventorship of the invention shall, in such cases as may be prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification   to (7) subject to the foregoing provisions 'of this section, a complete specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention wllich was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under i s the provisions of section 6 to make a separate application for a patent 11 (1) there shall be a priority date for each claim of a complete, priorit "fi t" 1 specl ca ion dates of (2) each claim of a complete specification shall indicate the date ~~ 20 which the applicant considers to b~ the priority date of that claim complete (3) where a complete specification is filed in pursuance of a = single application accompanied by-(a) a provisional specification; or (b) a specification which is treated by virtue of a direc-25 tion under sub-section (3) of section 9 as a provisional sp'e!ciftcation; and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of the filing of the relevant specification (4) where the complete specification is filed or proceeded with 30 in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (3) and the claim is fairly based on the matter disclosed-(a) ii! one of those specifications, the priority date of that claim shall be the date of filing of the application accompanied 35 by that specification; (b) partly in one and partly in another, the priority date of that claim shan be the date of the filing of the application accompanied by the specification of the later date ($) where the complete specification has been flied in pursuance ------of a further application ~e by virtue of sub-section (1) of section 18 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may s be, the priority date of that claim shan be the date of the ftllng of that speciftcation in which the matter was ftrst disclosed (6), where, under the foregoing provisions of this section, any claim of a complete speciftcation would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shan be the earlier or earliest of those dates 10 (1) in any case to which sub-sections (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 sub-section, (2) or sub-section (3) of section 16, be a reference to the date as so post-dated (9) a claim in a complete specification of a patent shall not be invalid by reason only of-(a) the publication or use of the invention so far as claim- 20 ed 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  chapter iv examination of applicationsexaml nation • ofappllcation 12 when the complete specification has been filed in respect of an application for  a patent, the application and the specification relating thereto shall be referred ,by the controller to an examiner for making a report to him in respect of the following matters, 30 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; (b) whether there is any lawful ground of objection to the 35 grant of the patent under this act in pursuance of the application; (c) the result of investigations made under section 13; (d) whether the priority date oreach claim as indicated by the applicant is the priority date of that clain1 as determined by this act; and 5 (e) any other matter which may be prescribed 13 (1) the examiner to whom an application for a patent is re- search ferred under section 12 shall make investigation for the purpose of for asceriaiding whether the invention so far as claimed in any claim an~ci­of the ~mplete speciftcation- ~tion previous publication and by prior elaim 10 (a) has been anticipated by publication before the date of filing of the applicant's complete specification in any specification filed in pursuance of an application for a patent made in india and dated on or after the lst day of january, 1912; (b) is claimed in any claim or any other complete specifi-15 cation pub!ished on or after the date of &ling of the applicant's complete specification, being a specification filed in pursuance of an applicatioil for a patent made in india and dated before or claiming the priority date earlier than that date (2) the examiner shall, in addition, make such investigation as 20 the controler may direct for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in india or elsewhere in any document other than those mentioned in sub-section (1) before the date of filing of the applicant's complete specification 2s (3) where a complete specification is amended under the provisions of this act before it has been accepted, the amended specification shall be examined and investigated in like manner as the original specification (4)  the examination and investigations required under section 30 12 and tjlis section shall not be deemed in any way to warrant the validity of any patent, and no liability  shall be incurred by the central government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon 35 14 where, in respect of an application for a patent, the report of considethe examiner received by the controller is adverse to the applicant rauon of or requires any amendment of the application or of the specification redo~ or to ensure compliance with the provisions of this act or of the rules bexadlc mer  y od-made thereunder, the controuer, before proceeding to dispose of the troller application in accordance with the provisions hereinafter appearing, shall communicate the gist of the objections- to the applicant  and --shall, if so required by th~ applicant within the prescribed time, give him an opportunity of being heard 15 (1) where the controller is satisfied that the application 01' s any specification filed in pursuance thereof does not comply with the requirements of this act or of any rules made thereunder, the controller may either--(4) r~use to proceed with the application; or (b) require the application, specification or drawings to be 10 amended to his satisfaction before he proceeds with the appli cation po  oleantroller to refuse or require amenel ed applies tionsm certain easel (2) if it appears to the 'controller that-(4) the application claiming to be a convention application was filed in contravention of the provisions of chapter xxii; is or (b) the invention claimed in the specification is not an in· vention within the meaning of, or is not patentable under, this act· , he shall refuse the application 20 (3) if it appears to the controller that any invention in respect of which an application for a patent is made might be used in any manner contrary to law, he may refuse the application, unless lhe specification is amended' by the insertion of such dis-claimer in respect of that use of the invention, or such other reference to the file- 25 gality thereof, as the controller thinks fit  power olean troller 16 (1) a person who has made an application for a patent under this act may, at any time before the acceptance of the complete specification, if he so desires, or with a view to remedy the objection raised by the ·controller on the ground that the claims of the com- 30 plete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application to~ake orders respectingdivfsion of appllestion (2) the further application under sub-section (1) shall be ae- 35 companied by a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application (3) the controller may require such amendment of the complete specification filed in pursuance of either the orfginalor-thefurther appucation as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in 5 the other explanation-for the purposes of this act, the further application and t~e complete specification accompanying it shall be deemed to have been filed on the date on whic'h the complete specification in pursuance of the first mentioned application had been filed, [0 and the-: further application shall, subject to the determination of the priority date under sub-section (5) of section 11, be proceeded with as a substantive application 17 (1) subject to the provisions of section 9, at any time after power the filing of an application and before acceptance of the complete ,jfcon-15 specification under this act, the controller may, at the request of the :o:e applicant made in the prescribed manner, direct that the application ordei'l shall be post-dated to such date as may be specified in the request, respectand proceed with the application accordingly: ing datin, provid~d that no application shall be post-dated under this subof appli-20 section to a date later than six months from the date on which it was cation actually made or would, but for the provisions of this su:b-section, be deemed to have been made (2) where an application or specification (including drawings) is amended in pursuance of the directions of the controller under sub-25 section (1) of section 15, the application or specification shall, if the controller so directs, be deemed to have been made on the date on ~ which the requirement is complied with or where the application or specificatibn is returned to the applicant, on the date on which it is re-fued after complying with the requirement powers of con-30 18 (1) where it appears to the controller that the invention so far as claimed in any claim of the complete specification has been anticipated in the manner referred to in clause (a) of sub-section (1) or sub-section (2) of section 13 he may refuse to accept the complete specification unless the applicant-tro~ler in cases of antidpation 35 (a) shows to the satisfaction of the controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or (b) amends his complete specification to the satisfaction of   the coptrollef  (2) ~f it appears to the controller that the invention is claimed in a claim of any other complete specification referred to in clause -(b) of sub-section (1) of section 13, he may, subject to the provisions  hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the 5 applicant's complete specification unless within such time as may be prescribed,~ - ! (a) the applicant shows to the satisfaction of the controller that the priority date of his claim is not later than the pri('\rity date of the claim of the said -ethu'speciftcation; or 10 (b) the complete specification is amended to the satisfaction of the controller; f (3) if it appears to the controller, 6s a result of an investigation under section 13 or otherwise,-(a) that the invention so far as claimed in any claim of the i, applicant's complete specification has been claimed in any other complete specification referred to in clause (a) of sub-section (1) of section 13; and (b) that such other complete specification was published od or after the priority date of the applicant's claim; 20 then, unless it is shown to the satisfaction of the controller that the priorjty date of the applicant's claim is not later than the priority date of the claim of that specification, the provisions of sub-sectiod (2) shall apply thereto in the same manner as they apply to a specification' published on or after the date of filing' of the applic~~'s 25 complete specitlcation ( 4) any or4er of the controller,l1nder sub-section (2) or subsection (3) directing the insertion of a reference to another complete specification shall be of no effect unless and until the other patent is granted~ i 19 (1) if, in consequence of the investigations required by the foregoing provisions of this act or of proceedings under section 25, it appears to the controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he 3s lilay direct that a reference to that other patent shall be inserted in powers of controller in case of potential infrlngem-ent the applicant's complete specification by way of notice to ~ publlc, unless within such time as may·be prescribed- ----------- --- ----  (4) the applicant shows to the satisfaction of the conkoller that there are reasonable grounds for contestint the validity c)f ~ the said claim of the other patent; or (b) the complete specification is amended to the satilfactiod of the controller~ (2) where, after a reference to another patent has been inserted in a complete specification in pursuad:~e of a direction under sub-10 section (1)--(4) that other patent is revoked or otherwise cease tq be in force; or (b) the specification of that other patent is amended by the deletion of the relevant claim; or 1$ (c) it is found, in proceedings before the court or the cod-troller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant's invention; the controller may, on the application of the applicant, delete the reference to that other patent 20 zoo (1) if the controller is satisfied, on a claim made in the pres- powvi cribed manner at any time before a patent has been granted, that b) ot con  virtue of ~ny assignment or agreement in writing made by the appli troller cant or one of the applicants for the patent or by operation of law, ::::-the claimant would, if the patent were then granted, be entitled relardlda 25 thereto or to the interest of the applicant therein, or to an undivided lubstltu-,  share of the paten~ or of that interest, the controller may, subject ttanef  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 etc and the applicant or the other joint applicant or applicants, accord-30 ingly as the case may require (2) no such direction as aforesaid shall be given by virtue of any assignment or agreement made by ode of two or more joint applicants for a patent except with the conspnt of the other joint applicant or applicants 35 (3) no such clirection as aforesaid shall be given by virtue of any assignment o~ agreement tor the assignme!1t of the benefit of an invention unless-(4) the invention is identifted therein by reference to the number of the application for the patent; or  1281 (b) ls '"(b) there is produced to the controller an acknowledllllent by the person by whom the assignment or agreement was made that the assignment or agreement relates to the invention in -~espect of which that application is made; or (c) 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 application to proceed or for regulating the manner in which it should be proceeded with,under sub-section (5) (4) where one of two or more joint applicants for a patent dies 10 at any time before the patent has been granted, the controller ·may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone i~  " (5) if any dispute arises between joint applicants for a patent whether or in what manner the application should· be proceeded with,  the controller may, wpon application made to him in the prescribed manner by any of th parties, and after giving to all parties concerned an opportunity to be heard, give such directions 30 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  timtifar 21 (1) an application for a patent shall be de~med to have been put~, abandoned unless within fifteen months from the date on which as ~:l~;,·  the first statement of objections to the application or complete· order specification is forwarded by the controller to the applicant or for within such longer period as may be allowed under the lollowing accepprovisions of this section the applicant has complied with all the tance req':lirements imposed on him by or under this act, whether in con- 30 nection with the complete specification or otherwise in relation to the application , erplanation-where the application or any specification or, in ~~ c::ase of a convention application, any document filed as part of 35 ~ the application has been returned to the applicant by the controller in the course of the proceedings, the applicant shall not be deemed to' nave 'complied with such requirements unless and until he has re-fued it - (2) the period allowed by sub-section (1) shall be extended 'by the controller to such period not exceeding eighteen months from the date on which the objections referred to in sub-section (1) are  forwarded to the applicant, if the applicant makes an application la - s this behalf in the prescribed manner before the expiration of the period so specified :·t ·  - ~ : " "  ~!  (3) if, at the expiration of the period allowed under the foregoing provisions of this section, ad appeal to the high court 'fa pending in respect of the application (or, in the case of an applica-"  ' ') ~    , : , 10 tion for a patent of addition, either in respect of that application  1: ·or in respect of the application for the paten't for the main'invention or' the prescribed time within which such an appeal could be ,  filed in the high court (apart from any future extension of time 'granted by t~e court for filing the appeal) has not expired, then-, i, (a) where such appeal is pending, or is brought within-tile afc!resaid period of fifteen or eighteen months, as the case' may be, or before the expiration of any extension of that time granted by the high court (in the case of a first extension) on an application made within that time or (in the case of a subse- ~ '") · - !' 2,0 quent extension) on an application made before the expiration ot' the last previous extension, the said period of fifteen or eighteen months, as the case may be, for complying with the requirements of the controiier shall be extended until such date as the high court may determine; ~s (b) where no such appeal is pending or is so brought, the said period of fifteen or eighteen months, as the case may· be, - 1 for complying with the requirements of the controller shall , '  ,  continue until the end of the time ·aforesaid or, if any exiensiod' 'of that time is granted by the high court as ·aforesaid, : ,  : 'until  the expiration of the extension· or last extensiqd so 30 granted ' ,    ,  ", ~:_  - ~ :' j ~ _ - - " - "  -  - •• , - ' - - ••   - ,-'  :zzt, ~~bject to·, tb~ pr~~io!ls of ~~etion ~~, ~l)~ eq~pj~te speci- aceepfication filed fri' purstianee of an application' for -~ jlaten~ :may be tanca   accepted by the control~er at any ~e after the-~pp~icant' nas com- of   pii~·~itl:i tli~· ~e~wreinents :riienti~n~ }~ '~~~-~~ti~)d ~~) of that com~:~ 3s 'section, and, if not so aceepted within t~«;!~ p~tri~d ,~,i~o~ed under:: that section for compliance with those requirelilents,  shall be 'atcepted as··soon' as may' be' there~te~: ' ''  " provided that the applicant may make 'an appjieation to the con-40 ~o~er in· the, prescribed, manner requesting him· to postpone accep- tance until such date (not being later than eighteen months from   -' ~ , - '   '    -, '  , -the 4a~ on which the objections refelted to in sub-section (2) of ction21 are ,forwarded to ,the applicant) as maybe specified ,m the ap~lication, and, if such application is made~ the c~ntroner ,_ may ,postpone acceptance accordingly advert!- 13 on the acceptance of a 'eomplete 8peclftca~ton,the cont~r , met of shall give notice thereof to the applicant and shall ,advertise in the acc:ep-omcial gazette the fact that the specification has been accepted, =:l:~and thereupon the application and the specification with the ipecl6_ drawings (if any) filed ,in pursuance thereof shall be open to public cation inspection ' 10  uect  ~-m ,on' and from the date ofedvertisement of the aeceptamce of of accepa eomplete speclftcation and until the date of sealing of a patent in tance of 1'9spec:t 'thereof, the applicant shall have the like 'privileges and rights complete as 1£ a patent for the invention had been seai'ed on the c:tata! of =:-edvertisement of ,acceptance of the complete specification: is provided that the applicant shall not be entitled to institute any ,proceedings for infringement until the patent has been sealed  chapi'er vopposition to li'ant of patent opposition to grant of patent as ,(1) at 'any time withln four months from the date of advenise- 20 '1ileat gfthe acceptance of a complete specification under this act (0l' within such further period not exceeding one month in the aggregate as the controller may allow on application made to him _ in the prescribed manner before the expiry of the four months 'llfor9aid) any person interested may give notice to the controller 2s 'uf'dppositfon to the -grant of the patent on 'any of the following 'tn>unas,' n'idnely: - , '(a) thllt the applieant ,tor tim patent ar the pel'son 'under ' ar thrnugn l~om neclaims 'wrongfutiy 'obtained the ~ntiod '-t:jr' 'atry "tmtftlerebf from ''him or from ii 'pet"lod of 'whom' he is 30 the legal representative;   -{b) that the jnvention so far as claimed in any claim of the ~mpwte' specification has ~"pubdshed before fteptto~ elate' elanned-(i) in any ~catian flied in pursuance of an· ~- 3s cation for a patent made in india on or after the 1st day of 38duary, 1912; or (ii) in india orel8ewhere, in any ,other ·doeumedt, jaot being a document of the class described in sub-section (z) 1m' ~-reetlon:(3) 'of sf!'e'tton 29; 40 (c-) that the 'inve!ition 'so far as 'claimed in -any 'claim of the complete'speclftcation is claimed in -a claim -of a 'c'ompfete speci 1icatit»n published 'od or after the priority 'date of the applicant· ~laim and filed in pursuance of an application for a patent in lnciia, being a claim of ·which the priority date is earlier than tmt of the applicant's claim; ( d) that the invention so far as claimed in any claim of the complete specification was used in india· before !the priority date of that claim explanation-for the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deem-10 ed to have been used in india before the priority date of the claim if a ,product made by th~qces8 had already been imported into india before that date; (e) that the invention so far as claimed in my claim of the -complete specification is 'obvious and clearly does not involve is any inventive step, having regard to thematu!! published as mentioned in clause (b) or having regard to what was used in india before the priority date of the applicant's claim: '(f) that the subject of any claim, of the complete speclftcation is not an invention within the meaning of this act, or is not 20 patents·ble under this act; (,g) that the complete specification do~s not sufficiently and clearly describe the invention iif the method by which it is to be performed; (h) that the applicant has failed to disclose to the control-'ler the infonnation required by section 8 or has furnished the information which 'in any material particular was false to' hi~ 'tnawleclg~; 30 (i) that in the case ofa convention appiicat,ion, ,tbe appueatlon was not made within twelve months from the da~ :of ~ , brst application for protection for the in'v'entian made~  i:ollwntion country qy the applicant 4ra ~n· from whom· 'lie derives tit1~; but, qldo,:otiher grqqj1d - 1(2) whel"'! ~ wch' netice of 'opposition is duly given, the con-35 h~ ~iil ntttify, 'the ~pplk:ant and shallglve to the applicant, and the'bpponeitt an 'opportunity to be heard before deciding the case, , (3) the grant of a patent shan not be refused on the ground stated in clause (c) of lubsection(l) uno patent' has ·been' gnmted in rpursuanoe of the jlipplieation mentioned' in that clause· and for 40 the purpose of any inquiry under ~lause ,(d) or clause (~) 'of that ~uj>sectloj1, ,no account &bau be taken of ady ·aacivt use in cases of "obtainlng" controller may treat appueationu application of opponent "-'18(1) where in any opposition proceeding under this ae~ (a) the controller finds that the invention, so far as ~laimed hi any claim -of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section ' (1) of section 25 and refuses the application on that ground, he 5 may, on request by such opponent made in the prescribed manner, dire<:t that the application shall proceed' in the mmie of the opponent as if the application and the specification had been filed by ~e opponent on the date on which they were act1,lally filed' 10 " , (b) the controller finds that aaparl"of an invention described in the complete specification was so obtained from the opponent and passes an order requiring that 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 is in accordance with the provisions of this act accompanied by a, complete speciftcation for the grant of a patent for the invention so excluded from the applicant's specification, and the controller may treat such application and specification as having been filed, for the purposes of this act relating to the pri~ty a~ 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, bift for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this act 2s (2) where an opponent bas" before the date of the order of the controller requiring the amendment of a complete speciftcation referred to in clause (b) of sub-section (1), ftled an application for a'-patent for an mvention whicn'includes the whole or a part of the invention held to have been obtained from him' and' such appucation 30 is' pending, the controller mey treat such application and '~1ica-'~ tion -in, so tar' as 'they relate to the inv'entiem' he~4' to ~av~' ~een obtained from him, as having been filed, for the purposes of' this act, relating to the priority dates of claift1s of ·the' comple'te' !'perl1!ea~ tion, on the date on which the corresponding d'ocument was or 'was 35 d~ed to 'h~~ ,b~n ftjed by the earlier applicant, but for all' other - ~ purposes the applicatiop of the opponent shall be proceeded with ' as an' application for a patent under this act  '    ~  27 if at any time after the acceptance of the complete specfflca- 4 tion -flied in pursuance of an application for a patent and before'the 0 grant of a patent' thereon it comes to the notice of the controller otherwise than in consequence of proceedings in opposition ·to the betusal of patent without oppositiaa grant under section 25, that the invention, so far as claimed in an1 --cfaun--of the --complete specification, has been published in india 01' any, other country before the priority date of the claim--, (a) in any specification filed in pursuance of an application for a patent made in india and dated on or after the 1st day of january, 1912;  (b) -in any other document in india or elsewhere not being a document of the class described in sub-section (2) or subsection (3) of section 29; '10 the controller may refuse to grant the patent unless, within such time as may, be prescribed, the complete specification is amended to his satisfaetion 28 (1) if the controller is satisfied, upon a request or claim made mention in accordance with the provisions of this section,-' of in- ventola  is (a) that the person in respect of or by whom the request or web in claim is made is the inventor of an invention in respect of which patent application for a patent has been made, or of a substantial part of that invention; and (b) that the application for -he patent is a direct, conse:-20 quence of his being the inventor; the controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the register : of patents: 2s provided that the mention of any person as inventor under this section ,shall not confer or derogate from any rights under the patent (2) a request that any person shall be mentioned as aforesaid may be made" in the prescribed ma"fmer by the applicant for the 30 patent or (where the person alleged to be the inventor is not the applicant or one of the applicants) by the applicant and that person (3) if any person [other than a person in respect of whom a request in relation to the application in question has been made under sub-section (2)] desires to be mentioned as aforesaid, he may make 35 a claim in the prescribed manner in that behalf  , " (4) a request or cl~im under the foregoing provisions of this ~ - section shall be made not later ~han two months after the date of advertisement of acceptance of the complete specification -or withm sueh further period (not exceeding one month) as the controller -- --------may, on an application made to him in that behalf before the expiration of the said period of two months and subject to the pay-~ent of the prescribed fee, allow (5) no request or claim under the foregoing provisions of this s section shali be entertained if it appears to the controller that the request or claim is based upon facts which, if proved in the case of an opposition under the provisions of clause (4) of sub-section (1) of section 25 by the person in respect of or by whom the request or claim is made, would have entitled him -teftleiief under that section 10 (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 claim to every applicant for the patent (not being the claimant) and to any other persoll whom the controller may consider to be interested; and before deciding upon any request or claim made under sub- is 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 vi anticipation29 (1) an invention claimed in a complete specification shad not lae deemed to have been anticipated by reason only that the inven- 30 tion was published in a specification filed in pursuance of an appli-anticipation by previous pubucation ~ation for a patent made in india and dated before the 1st day of january, 1912 (2) subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated 3' ~y reason only that the invention was published before the priority date of thl! relevant c1atm of the specitlcatiod, if the patentee or tba applicant for the patent proves-7-,', -------:- ~-(~) that' the matt~ published was obtained from him, or (where he is not himself the true and first inventor) from any , person from whom he derives tiue, and was published without his consent or the consent of any such person; and (b) where the patentee or the applicant for the patent or any person from whom he derives tiue learned of the publication before the date of the application for the patent, or, in the 10 -11 case of a convention application, before the date of the app -cation for protection in a conventiorl';country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter: t ,  15 provided that this sub-ijection shall not apply if the invention was before the priority date of the claim commercially worked in india, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the paten-20 tee or the applicant for the patent or any person from whom he derives pue i -(3) where a complete specification is filed in pursuance of an applicatiod for a patent made by a person being the true and first inventor or deriving tiue from him, an invention claimed in that z5 specification shall not be deemed to have been anticipated by reasod only of any other application for a patent in respect of the same invention made in contravention of the rights of that person, or by' reason only that after the date of filing of that other application the invention was used or published, without the consent of that 30 person, by the applicant in respect of that other applicatiqn, or by ~y other person in consequence of any disclosure of any lnvmtion by that applicant 30 an invention -claimed in a complete speciftcation shall dot antlclpabe deemed to have been anticipated by reason only of the communi:" lion by 3s cation of the invention to the government or to any person autho- previous rised by the government to investigate the invention or its merits or communl f bin d  'cation to o anyt g one, in consequence of such a commumcation, for the govern;" purpose of the investigation ment al an invention claimed in a complete specification ihau not anuc1pa-40 be deemed to have been anticipated by reason only oftion by  (a) the display of the invention with the consent of the true =~' and fir~t inventor at an industrial or other exhibition to which '" 1261 (b) l s - 5  '     ~tbeprovision8 ofthis aection have been ~_rbrlb  t!eduai,'··  - government by notification in the -oftletat' gaiette, or ~' -ute  thei"ebf 'with his' eoj2sent 'for-the l'urpaii! 1)f abeh 'id' ed1bitlon in the place wher it fa held; 'or·(b}the·publlcucm;ofanyducriptida of·the _veiluc!d·fad , cod8equence of the display or use of the invention at ad1 rch 8ilubidon as afor~ or (c) the use·:cal -the  mv8lltigd, rafter- it abuj"',=diipl j bd or used at any such ·exhibition -as 1af000esaid:add '; chuiil" r,6e pqiod gf the exllibitiod, by 8dj""9faoiil witboat ,tb,e  ~ jo the·f:i:ue and dlrat my_tor; ·or· (ci) the description of theinventioii in 'a paper read b)<the true and first inventor before a learned lociety or pub1",,_ with-bis coiii_t' lthe1wapctltqdmol __ a:,~ j' if the application for the patent is made bythe·uuead4lrst;;java,r, tor or -a person derivingtit1e kom hijd dot laterthan-aix-ldolltba  after the opening of the exhibition or the l"eadin'or puwicatioll of  the paper, as the case may be d an invention claimed in a complete specf1ieation ~ - 'not  be deemed to ·have been' anticipated bj ·realod ·cml7 that,'at' tbv2'i ~ within ·one year before tbepriqrity date ·':of··thet nl8na'~: claim· of ·the apec:i1icaticm, the idv"~  will 'pubucly- i jnoi'bd '-s  ~:; indi (cz)bytbe patentee' 'or  ppltclm~ "for:-th~p_t~·~ 'adj' ' penoa  from whom he' ~erives title;: 'or    2, (b) by any otherpersoa with tbecodl8dtef,the,  ·~": or applicant for the ·patent or any per8oa  -from • 'wbe!n,rhe;  -:: derives title~ , if the working was effected for the purpose of reuod4ble 'tri,al bnt, and··ifjt was rf'easodably decesaaqr, having "l'ept'd 'to ·tb: nature~· 30 the idveiltkjn, ·that the· worjddg tor·chat pup-:ab0uld ,·tie;~~·~ m puajic:,," ~ 33~' '(1) wh'ere a complete apeciflc:ation fa mad ,or proceeded ~~ ~ii  ~···in pursuance of an application which was acc:ompallied jj)y a prov£ ' pubucalional specificat~on or where a complete specification ftledaloac 3, tioirltber "with 'an application is treated by' :virtue of a direc~iod under lib- provi\ ':  jection (3) of section 9 as a provisional specification, then, not-=:~i 'j! ~ttbstanding anythibg contain~ in this ~c:t, :~e':~~ii~~~  ~~a11  noc retuse:to·p-antth6 pltent~ and the'jnl~t wllnot &e~ n,ce;idalrtdated •• bji,ralljjl adlyr  that; my' matter'~ dnarf~ fa the ,~\pniid8imialt tpl"maation  0 • ~ the  jpedflcation treated _ aforesaid l~·_ ai"provisiadat apeci1lcatton  was ,used, in, incua or  publislu,!d in  ')';:;~ '0 kl4!liewber  ant jime ,after tbe date ot ~ ilin, o~ that j·ip8(dftutlod  • _(,2) ~  cqjqplete apecfftcauod is flied in ~~c8 of - collventioll ,application, ihen notwithstanding anything contained in this act, thecqdtfoller shall notrefus8 to grant thepateqt, and the patent shall not be revoked or invalidated, by reason only that 10  ~1 muer ~osed in ~y application fof p~tectlon ~a codven-uop ~ntry,,upo~hlcb ,the convention application  foundedjlvu • ~, qt  tz)di~ qr,pq:bushed ~ india or elsewhere at ~y,tfme dter _ :lhe~ 4a~ qt ~ ~"'ppjqtiod fqr pmtection , ,j!;'~i:8jlywn, coatalded in·tjrls act, ,thecontrol- koid" 1 1,·lejlt4la1ldot iretwie: to,accept a complete speciftcatioa,ft'r ·patent :=:s ;~er '-jl'8bt·apatedt, and· pateut,an n~t be·rewlred or·fnvalichlced tadc  ,~t1'ulol1 onl~ of ~-any circumstances which, by virtu  of ~u()ll are 0dlj '<2' • _imet:fon~30 ,··aectiod 31 or ,section' 32, do- dot  constitute- ad u delanticipation of the invention claimed in the apecuic:at1on crlbecl in rc-a  _ tiaai ao-it' "  -' iidd'it  paovlsion 1'0 sjl'crbct or cj:rtad' ih\iu'i'iolfb31, (1) 'where; ibreapect ofj an application made-~before or after secreq '1cth  eemjlledcement· ot thfa: act for·a patent, it appears to the con- directiodi troller that the invention is one of a class notified to him by the to~ud' &livenas central government as relevant for defence purposes, or, where uodi rei  r otbeiiwisethe ulvention appears to him to be so relev8d~ he may nnt for "&n~ cure~tum& for p1!qh1biting· or  restricting thepublication~ of deface f" ·lafeimauod:!1ri~ ft!ii}ject to themvention or the communication' of pazpa •• -ri _~ jaf~~ to: any "'penqq qi' c:1aat of; p8i'sons, ·apeclfted, in'-\the " ~"directions     (2) where the controller gives any such directions as are refer -(r-:l to·in~su1heetioll (1), he shall give notice of the application and ,1-~tbe,directiod& to· the central government, and the central gov-;;"umrient-shall,~uponl j:eceipt- of:  such ·:notice,·: consider whetl1m!"tbe ~, 35 publication of the invention would be prejudicial to the defence ~ of  ~d1a and if upon such consideration, it appears to 't that the pub- ~fcirtfon of the bivention would not so prejudice, give 'notice to the ~' ~~trop~ to ,that-' e1rect;~ who ~ad th~eupon revok~, th~ ~tfodi :ii·:  "ilotur the ;"8ppucant· 8cc:ordjd,ly (3) without prejudice to the provisions contained in sub-section (1), where the central government is of opinion that an invention in respect of which the controller has not given any direetions under·  ' sub-section (1) ,is relevant for defence purposes, it may at any time before acceptance of the complete specification notify the controller s to that effect, and thereupon the provisions of that sub-section "hall apply as if the invention were one of tile class notified by the central government, and accordingly the controller shall give notice to the central government of the directions issue~ by him secntcj 38 the question whether an invention in respect of which diree- 10 :r:tl~ tions have been;gwen under section 35 continues to be releyan~ ~or cilcall~ redefence purposes shall be re-eonsidered by the central government --eel within nine months from the date of the flling of the application for the patent, and once at least during every subsequent year, and if, on such re-consideration it appears to the central government that the i, publication of the invention would no longer be prejudicial to the defence of india it shall forthwith give notice to the controller accordingly and the controller shall thereupon revoke the directions pre--viously given by him 37 (1) so long as any directions under section 35 are fd force 20 in respect of an appucation-(a) the controller shall not pass an order refusing to accept' the lame; and (b) notwithstanding anything contained in iihis act, no appeal shan lie from any order of the controller passed in 2, respect thereof: provided that the application may, subject to the directioda, proceed up to the stage of the acceptance of the complete specification, but the acceptance shall not be advertised nor the specification published, and no patent shall be granted in pursuance of the appu· 30 c:atiod (2) where a complete specification filed in pursuance of an application for a patent for an invention in resped of which directionl have been given under section 35 is accepted during "the continuance id force of the directions, then-3, (a) if any use of the invention is made during·the contmuance in force of the directions by ~r on bj!half pf or to the order ft' +it ("in_""nt +" ft1"ftvf~fnn  ftf ~tlnn 100_ 10t and 1ma shad apply in relation to that use as if the patent hacl-been ij'8dted for the !dventlon; and (b) it it appeal'! to the central government that the aprli~----------­cant for the patent has suffered hardship by reason of the , continuance in force of the directions, the central govemm£nt may make to him such payment (if any) by way of solatjum as appears to the central gov'el'dment to be reasonable having regard to the novelty and utiuty of the invention and the pur-pose for which it is designee!, and to any other relevant circum-10 stances (3) where a patent is granted m pursuaiia!=-nf an applatfod in respect of which directions have been given under section s5~ do renewal fee shall be payable in respect of any period during which those cilrectlods were in force i' 38 when any direction given under section 35 is revoked by the ~oc controller, then, notwithstanding any provision of this act specify- :::, ing the time within which any step should be taken or any act done direcin connection with an application for the patent, the controller :nay, tions subject to such conditions, if any, as he thinks at to impose, extend and men-20 the time for doing anythin$f required or authoris~to be done by or lion of under this act in connection with the appucatlon, whether or dot tim  that time has previously expired 31 (1) no person resident in india shad except under the autho- resldentl rity of a written permit granted by or on behalf of the controller, dot:o t 2s make or cause to be made any application outside india for the grant ::re!ti or of a patent for an invention unlessoutside indiawiul-(a) an application for a patent for th'e same invention has out prigi' been made in india, not less than eight weeks before the applica- ~e~ tion outside india; and oil 30 (b) either do diw!etlons have been ~_n u:nder sub-sectlon (i) of section 35 in relation to the application in india or au such directions haft been revoked (z) the controller shall dot grant writt~ permlssinn to any per-iod to make any appucatlon outside india without the prior ead-3s sent of the central government (3) this seetiod shall not apply iii relation to an invention for whleh an appueation for protection has flrst been med in a country outalde india by a person resident outaide india for coil-if in respect of an application for a -,tent, any per(q)n 'ot!jftbvenes :::- any direction as to secrecy given ,by the controller under section 35- -iecuon 31 or makes or causes to be made an application for the gr~t of a patent or ec:tlon outside india in contravention of • ec:tion 39 the applicatlon,f9f' patent s 18·  under this act shall be deemed to have been abandon1!d and the patent granted if any, shall be liable to,berevoked under ae~on m l'ina!lty 41 all orders of the controller gtvtng directions as tq secreey u of order well as all orders of the central' government under this chapter :r c:n:a1- shall be final and shall not be called in question in any cdurt on ady 10 central ground whatsoever 009em ment savinp 0 nothing in this act shall be held fa) ,~ ilttt!di8ijaium by respectthe controller of information concerning an application for 4l patent m disor -a speciftcation filed in pursuancetbereof t~ ·theo ccmtral c!overn :!:m- ment or any department thereof,' for the ~se of 'the ~ueatlon is met or speciftcation beingexammed for 'considering wheth, ad' older ' udder this section abould be made, ,vatfed' or't'evoked  'crapi'er vm gralft' and sulin'g or patents and iiigbts col'ii'iiildd wu ••" g (1) where a complete speci1lcation in pursuance of anappljca- 20' tion for a patent has been accepted and either--(a) the application has not  beenopposed undu·leqtioll 25 and the time for the fllin~ of the opposition has expired; cxl" grant and seaiidi of _ rpuedt , (b) the application -hae"beed'eppose(i and~ the epposition iiu· been finally decided in favour oftm applicant; or 2s (c) the application has not been  refused by the controller by virtue of any power wsted in him by this act; , the patent shall, on request, made by the applicant id~e prescrlbed· fonn, be granted' to the applicant or, in the case of a joint application, to the applicants jointly, and the controller-shalt cause the patent to 30 be sealed with the seal of the patent office and the date on whlcja , the p~tent is sealed mall be entered in the'tegister ' (2) subject to the provisions of-sub-sectloil :(i),'mel'of the proyt  sions of this act with respect to patents of addition, a request udder , this section, for the s~ahng of a patent shall be made not' later tjwi 3' the expiration of' a pettod of' sir months from the date ot"lclvertfle ment of the ac:ceptm_ ofe·the eoidpj'et, lpitdeeatlojr , (4)' 'wheteilt -t'he '-exptrattoh- of·th~ '1sa1d- -'six  'months- --any' ~' -in rei8tfon· to the ;applicatidn 'for the patent is pending before the controller or the high court, the request may be, j ,-  judia~ the ip1'elcribed-period aftar the final· deaermidatiod of that proceeding; 10 (b) 1p1jre,'the'_ucant for ;one; of the 'applicants 'baa cued befom the uplr~tion of the time within which under the prov!-mcma of this 8i11hection the' request could -otherwise be made, the 'said req~ may be made at any t:ime wfttm:j twelve mon~ha atter the date of the death or at such later time as the contrqller , li18w  l  (3) the peri~ within wbieh·tiilder'8ub-8ectioll, '(2)- il request b ~ u-ali:dtr of -& patent ·may ,be made may, kom time to time be ex-isteadeel -by  the: controller tobuell, iolller period as may be speclfted in imj--app1icatigd  made &0 ,hial, in ·that behalf, if the application is made and the prescribed fee _paid within that longer period:   ' provided that the first mentioned period shall not be extended under this au1hec:tidd by ~orethan three months or such shorter 20' perioci u may be prescribed   e~-"'for·the ~ 'of ,this section a preceecting ihall be,li:eemed,,1o be pendisg-lo:long-as the time for any appeal therein (apart from any future extension of that time) has 'not expired, and ~ proc:eeding shall be deemed to be finally determined when the time as for any appeal therein (apart frdm 'any -such extension)' has -expired wiuleut ·,the appe~ bein"  ,rought "  "" where at any time after a patent has been -sealed in pursuance amend" of an application under this act the controller is satisfied that the ment of person';to 'whom the pamnt was 'granted had died, 'or, in the case of patent 3~ 'a ~boay'c:orpor8te-, \ hadlceased to 'exist, 'before ·the patent was sealed, il'8jltecl; tbe"eontrollermay"amend the patent by substituting for the name : ~ece:­o(tha~'person the' 'd8lile 'of the person to whom the patent ought to e8z1t~p -have beed- ·grmted,  and the 'patent shall ·have effect 'and shall be defimed·· ~ilw8yl' to have ·bad effect, -accordingly 3 "':g~'-i (1) su'jeet· to· 'th~ other provisions t contamedln this ad, date at  s every' patent shah' be "dated  as·of \ the date on which the complete pateat apedlcation" "  ·eel··; '7, · • ,(2),~tiod~of :the ctentulc ad~r shall be ftxed by (3) notwithstanding anything contalned in this zection, do pto eeecung shall be taken in respect of an infringement committed before the date of advertiaement of the acceptance of the complete specification 48 (1) every patent shall be in the prescribed form and aball s have effect throughout india (2) a patent shall be granted for gide frivenuod only: form extent and e1fedof patat provided that it shall not be competent for any persod in - 111ft or o~er proceeding to take any objection to a patent on the jroudci io  that it has been granted for more then one invention 47 (1) subject to the other provisions contained in this act, & patent granted, 'whetherpefore or after the commencement of thja act shall confer upon the patentee-(4) where the patent is for an article or substance, the is exclusive right by himself,· his agents or licensees to make use exercise, sell or distribute such article or substance in india,' (b) where 0 patent is for a process of manufacturing an article or substance the exclusive right by himself his agenta or licensees to use or exercise the process in india and of using or selling in india articles or substances made by such process 20 and of authorising others so to do  (2) the rights conferred gn the patentee by this section shall be exercisable only subject to the provisions of any other law for the time ,being in force  ca n otwithsvmding anything contained in thi3 act,-(4) the importation by or on behalf of the government of any patented machine, apparatus or other article for the, purpose merely of its own use, or patent ri,hts not in- frinled when used for "'sl-taid patentees (b) the importation by or on behalf of the government of any patented medicine or"drug for the purposf;;-merely of its own 30a -use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the government or any other dispensary, hospital or other medical institution which may be specified by the central government in this behalf by notification in the official qazette, or 3s (c) the mlking of a patented machine, apparatus or other article or the use of a patented process or the making of an article by the use of the patented process by or on behalf of the government for the purpose merely of its own use or ·by persona on its behalf who may be ipeclally authorised fat the purpose, or 40 (d) the making or use of a patented machine or apparatus or- either article or-the-use-of a-patented process -or the,use of an article made by the use of the patented process, machine or apparatus for the purpose merely of experiment or research, including the imparting of instructions to pupils, s shall not be deemed to constitute an infringement of the rights conferred on the patentee by this act o (1) where a vessel or aircraft registered in a foreign counu7 ~~~ot or a land vehicle owned by a person ordinarily resident in such infringed [0 country comes into india (including the tenitorial waters thereot) when used temporarily or accidentally only, the rights conferred by a patent on torettn for an 'invention shall not be deemed to be infringed by the use of v::-b the invention-~pora-(a) in the body of the vessel or in the machinery, 18ckle, rily or 15 apparatus or other accessories thereof, so far as the inventiod accidentis used on board the vessel and for its actual needs only; or ~~~ (b) in the construction or working of the aircraft or land vehicle or of the accessories thereof; as the case may be 20 (2) this section shall not exteru1 to' vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign counu, the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in india while in the ports or within 2s the territorial waters of that foreign country or otherwise within the jurisdiction of its courts so (1) where a patent is granted to two or more persons, each rilht of those persons shall, unless an agreement to the contrary is in of force, ,be entitled to en equal undivided share in the patent co-owner of patent 30 (2) subject to the provisions contained in this section and :in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entiued, by himself or his agents, to mak~, use, exercise and sell the patented invention for 3s his own benefit without accounting to the other person or persona (3) subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, a licence under a patent shall not be granted, and a share in a patent shall not be assigned, except with the consent of all persona, other than the 40 licensor or assignor, who are registered as grantee or proprietor of the patent  1261 (b) ls-6(4) where a patented article is sold by one of two or more persons registered-as -grantee ·or proprietorofa patent,· the purchaset and any person claiming through him shall be entitled to deal witft the article in the same manner as if the article had been sold by a de~en~ (5) subject to the provisions contained' in this section, the rules of )aw applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing con-~ tained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or ot the legal representatives of a 10 deceased person or their rights or obugations as such (8) nothing in this section shall affect the rights of the assignees of a partial interest in a 'patent created before the commencement at this act power of controller to &ive directions to coowner • 51 (1) where two or more persons are registered as grantee or is proprietor of a patent, the controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest ther:ein, the gmnt of licences under the patent, or the exercise of any right under section 50 in relation 20 thereto, as he thinks fit (2) if any person registered as grantee or proprietor of a patent fails to evecute any instrument or to do any other thing required for the carrying out of any direction given under this section within 1 fourteen days after being requested in writing so to do by any ot 2s the other persons so registered, the controller may, upon application made to him i~ 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 pursuaru:e of an application 30  under this section, the controller shall give an opportunity to be heard-(a) in the obs~ of an application under sub-section (1), to the other person or persons registered as grantee or proprietor of the patent; 3s (b) in the case of an application under sub-section (2), to th~ person in default (4) no direction shall be given under this section so as to affect the mutual rights or obligations of trustees or of the legal represen- tatives of a deceased person or of their rights or obligations as such, 40 or which is inconsistent with the terms of my agreement between co-proprietors of the patent ,' • ~ ~l') l," petejit"'hubeed  okecfol1 th~ ,r0udd tmt grim;t;ti , patent was obtained wrongfully 1dci'1il eontravention of the rights of patedtw':  tha petitioner 1_any: p8l"ion under orthrou,h whom be- claims, or, true ~""~  ·petatunfoi:'levoca1:lon, the'court,~ of  jrit  , • '  s"pa1lebt, ldb'ecta~the comjilete -8p!ctftcatloa to be ameuded··by the·-, ciusion of a claim or cliims in consequence of - fblc:ujlg that the tn- ~ aovered by iuch claim or claims had been obtamd frozil' the o  ~ ~petitionerp the court m~y, by order ~ed in the -aam,t: proceedial br_~_ lltp,mtthe ,,nnt"~ the petitioner oi the whole or ~part of ,the:: iiiil 10 ~tion w~~ the c~t b~ baa b8tid wrongfully obtained by  ," tjl! pa~~~~~, ~ lieu of ~e pftent so revoked or is ucl~d~, by  _~~irit~ :!", , " :'"<j"' ~ {2) wm-a aily·lueh order is passe4, the controller ihali, on re-r~~ by tlje petitioner made in the preacribed manner pat to 'be  , "-i ;\(rf"i~i·(i)·'in"e~ses where the court permltstbe whol~ of ~ patent  s ,  to be granted, a new patent bearing the same date and nujilber as the patent revoked; ~~t _~ __ ~~_-~l!!jfe _e~ p':rplits a part only of the --,, ,patent to be grant!!q, ~ new pat~dt for such part bearing the ame 20' , ~'date' as the :p8t~; ~ked 'and niunbered "in such manner , ':' as may be p~bed: ·~t , provided that the controller nuay as a condition of such f~t rec)pire the petitioner to flle a new ~d complete speculea-" tiolljq the sauafactioq o~the controller detcriung and claimt• ,25 ,~t part of~tbe inventlod for which the patent is to be p-adted (3)' no suit shall ,be brought 'for any infringement of a pabmt gr~tecl·under:,thi8 teetioncommitted before the actual date·on which ~uch pat:e~t was granted , i ~ ~  , , '," - , ~ - , '53 (1) subject to th~ provisions of this act, the term of every term' 30 patent· granted after' the commencement of this act shallpmtad ~ (a)  in respect of an i,nvention claiming the method -~r pi'c?-cess, of manufacture of a substance, where the substance is ~­ oded for use, or is capable of beina used, as food or as a medic~ or drug, be ten years fro~ ~e date of the patent; and 3s eb):' ,in res~ qf any other invention, be fourteen y~ fj;'opl ,the date of the patent (2) notwithstanding anything contained in the patents ,and 'deltgns act, 1911, or in the patent granted thereunder, the term of'every patent granted before the' commencement of this ·act in reapect ·of ~,an inv~tion claiming a substance or the method or procesi of manu-,  jeture,jd~~f"wh  the iubstadce is intended for qae,' ar is c,,ble of being \lied, 81 food or as medicine or drug shall be ten years from the date of the patent; ~videdthat _w'hf!re_at~the·commencement of this act any iucb pateat:is in force by reason of ,an extension granted under the act aforesaid, the patent shall cease to have effect on the expiration of 5 the period of such extension (3) a patent shall cease to have effect notwithstanding a!'lything therein or in this act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the pres-~ibed period or within that period as extended under this section 10 (4) the period prescribed for the payment of any renewal fee shall be extended to such period, not beilig~ore than three months longer than tbe 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 is so specified  chapi'er ix patb1ft's or addmonpatents of addition 54 (1) subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in 20 or modification of an invention described or disclosed in the complete specification filedtherefor (in this ac'lreferred to as the 'main invention') and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the controller may, if the applicant so requests, grant the patent for the improve- 2s ment or modification as a patent of addition (2) subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for 30 the main invention, the controller may, if the patentee so requests, by order, revoke the patentfor 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 paten~ so revoked (3) a patent shall not be granted 85 a patent of addition' unless 3s the date of filing of the complete specification was the same as or 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 pateut for the main invention; and if the period within which, 40 but for the provisions of this sub-section, a request for the re::\ling of a patent of adc:utlon co\1ld be made under section 43 expires befo~ the period within which a request for the sealing of the patent for the main invention may be so made, the request for the sealing of ~1!_~_patent_()f additio!!_ m--!ly_ he made at any time within the last mentioned period s 55 (1) a patent of addition shall be granted for a term equal termof to that of the patent for the main invention, or so much thereof as :;tentll has not expired, and shall remain in force during that term or addition until the previous cesser of the patent for the main invention and no longer: 10 provided that if the patent for the main invention is revoked under this act, the court, or, as the~case may be, the controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main in'v'ention is and thereupon the patent shall continue in force as an independent patent accordingly (2) no renewal fees shall be payable in respect of a patent of addition, but, if i!my such patent becomes an independent patent under sub-section (1), the same fees shall thereafter be payable, 20 upon the same dates, as if the patent had been origin811y granted as an independent patent 56 (1) the grant ofa patent of addition shall not be refused,and validity of a patent granted as a patent of addition shall not be revoked or p:~~ts of invalidated, on the ground only that the invention claimed in the a 110d 25 complete specification does not involve any inventive steps having regard to any publication or use of-(a) the main invention described in the complete specification relating thereto; or (b) any improvement in or modification of the main inven-30 tion described in the complete specification of a patent of addition to the patent for the main invention or of an application for such a pawnt of addition; and the validity of a patent of addition shall not be questioned on the ground that the invention ought to have been the subject of ad 35 independent patent (2) for the removal of doubts it is hereby declared that in deterrnining the novelty of the invention claimed in the complete sp~ci­leation filed in pursuance of an application for a patent of addition regard shah be had also to the complete specification in which the: -to matn inven~i9n is desciibed,   amendmqrf of spzclncationsamdd~----i" (1) subject to the provisions of section 59, the controller may, !nent of upon application made under this section in the prescribed manner ::::::f~~e by an applicant for a patent or by a patentee, allow the complete s controller specification to be amended subject to such conditions, if any, &s the controller thinks fit: amend· mentof lpeciftcation before high provided that the controller shall not pass any order allowing or refusing an application to amend a specification under this section while any suit before a court for the infringement of the patent or 10 any proceeding before the high csn-f0r the revocation of the patent is pending, whether the suit or proceeding commenced before or after the flling of the application to amend (z) every application for leave to amend a specification under this section shall state the nature of the proposed amendment, and shall is give full particulars of the reasons for which the application is made (3) every application for leave to amend a specification under this section made after the acceptance of the complete specification and the nature of the proposed amendment shall be advertised in the prescribed manner 20 (4) where an application is advertised under subsection (3), any person interested mey, within the prescribed period after the advertisement thereof, give notice to the controller of opposition thereto; and where such a notice is given within the period aforesaid, the controller shall notify the person by whom the application under 2s this section is made and shall give to that per~on and to the oppo-· nent an opportunity to be heard before he decides the case (5) an amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim (6) the provisions of this section shall be without prejudice to 30 the right of an applicant for a patent to amend his specification to comply with the directions of the controller passed before the accept· ance of the codilplete specification ane in the course of proceedings in opposition to the grant of a patent 58 (1) in any proceeding before the high court for the revocation 3s of a patent, the high court may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such tenns as to costs, advertisement or otherwise, as the high court may think fit, and if in any proceed· ings for revocation the high court decides that the patent is invalid, 40 it may allow the specification to be amended under this section instead of revoking the patent (2) where an application for an order under this section is made ---to--thehigh court, the applicant shall give notice of the application to the controller, and the controller shall be entitled to appear and be heard, and shall appear if 80 directed -by the high court s (3) copies of all orders of the high court allowing the patentee to amend the speciftcation shall be transmitted by the high court to the controller who shall on receipt thereof cause an entry thereof and reference thereto to be made in the register 59 (1) no amendment of a complete specification shall be made supple-10 except by way of disdaimer, corieclion or explada- men~ tion, and no amendment thereof shan be allowed, except provwona for the purpose of correcting an obvious mistake, the effect of which :n:ndwould be that the specification as amended would claim or describe ment of matter not in substance disclosed in the specification before the speciflca-i s amendment,  or that any claim of the specification as amended tion would not fall wholly within the scope of a claim of the specification before the amendment (2) where after the date of advertisement of acceptance of a complete specification, any amendment of the specification i~ allowed 20 by the controller or by the high court,-(a) the amendment shall for al'l purposes be deemed to fonn part of the specification; (b) the fact that the specification has been amended shall be advertised in the oftlcial gazette; and (c) the right of the applicant or patentee to make amendment shall not be called in question except on the groudd of fraud (3) in construing the specification as amended, reference 1t1ay be made to the specification as originally accepted  - chaprer xi30  restoration of lapsed patents60 (1) where a patent has ceased to have effect by reason of applicafuilure to pay any renewal fee within the prescribed period or within tiona for that period as extended under sub-section (3) of section 53, and the r~~tora~n 3s controller is satisfied, upon application made within three years from ~at:~: the date on which the patent ceased to have effect, that the failure was unintentional and that no undue delay has occurred in the making or prosecution of the application, he shall, by order, restore the patent and any patent of adrlition specified in the application which 40 has ceased to have effect on the cesser of that patent (2) an application under this section may be made by the person who was the patentee or by his legal representative; and where the--patent was held by two or more persons jointly, the application may, with the leave of the controller, be made by one or more of them without joining the othel''; 5 (3) an application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee and the controller may require from the applicant such further evidence as he may think necessary 10 procedure 11 (1) if, after hearing the applicant udder section 60 in cases for disposal where the applicant so desires or the controller thinks fit, the conol applica- troller is satisfied that a prima facie case has been made out for an tio=~on order under that sec~ion, he shall advertise the application in the ~~ lapsed prescribed manner; and within the prescribed period any person r s patents interested may give notice to the controller of opposition thereto on either or both of the following grounds, that is to 18,,-(4) that the failure to pay the renewal fee was not unintentional; or (b) that there has been undue delay in the making of the 0 application 2 (2) if notice of opposition is given within the period aforesaid the controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case (3) if no notice of opposition is given within the period aforesaid 2s or if in the case of opposition, the decision of the controljer is in favour of ~he applicant, the controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, make the order in accordance with the application (4) the controller may it he thinks fit as a cgddition of rest~ 30 ~ the patent, require ttlat an entry shall be made in the register of any document or matter which, under the provisions of this act, has to be entered in the register but which has not been so entered 'ri&hts of patentees of lapsed patents which have been restored 8% (1) where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other c; provisions as the controller thinks fit to impose for the protection or 3 compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented, invention between the date when the patent ceased 'to have effect and the date of the order restoring the patent under this chapter (2) no suit or other proceeding shall be commenced or prosecuted in respect of an infringement of '1 patent committed between the date on which the patent ceased to have elfect and the-date -of the order restoring the patent  chapter xii surrender and revocation of patents63 (1) a patentee may, at any time by giving notice in the pres- surrender cribed manner to the controller, offer to surrender his patent of patent (2) whel!e--such an offer is made, the controller shall advprtise the 10 offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent (3) any person interested may, within the prescribed period after such advertisement, give notice to the controller of opposition to the is surrender, and where any such notice is given the controller shall notify the patentee (4) if the' controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order, revoke 20 the patent --, , m (1) subject to the provisions contained in this act, a patent'r tl ' evoca on whether granted before or after the commencement of this act, of patents  may, on the petition of any person interested or of the central government, be revoked by the high court on any of the following 25 grounds, that is to say-(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in india; ~o - (b) that the patent was granted on the applicafion of a person d5't -entitled under the provisions of thb act to apply therefor: provided that a patent in force at the commencement of this act shall not be revoked on the ground that the applicant was 35 the communicatee or the importer of the invention in india and therefore not entitled to make an application for the grant of a patent under this act; (e) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through 40 whom he claims: (d> that the subject of any claim of ;he cclmplete sp~cift­cation is not _ an invel!tion ~!~!ll!l_--!h~_~~~,~f th~ ~; <e> that the invention so far as claimed in any claim of the complete specification is not new having regard to what was known or used in india before the priority date of the claim or s to what was published in india or elsewhere in any cjf the documents referred to in section 13; (1) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inven-,  tive step, having regard to what was known or used in india 10 or what was published in india or elsewhere before the priority date of the claim; (g) that the invention, so far as claimed in any claim of the complete specification, is not useful;  (h) that the complete specification does not sufficiently and is fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the comnletp specification are not by themselves suftlcient to enable a person in india possessing average skill in, and average 20 -bowledge of, the art, to which the invention relates, to -ork the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim protection; (i) that the scope of any claim of the complete specification 2s is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification; (j) that the patent was obtained on a false suggestion or representation; 30 ~ (k) that the subject of any claim of the complete sp~iftcation is not patentable under this act; (1) that the invention so far as claimed in any claim of the complete specification was secretly used in india, otherwise th~ as mentioned in sub-section (2), before the priority date 3s of the claim; (m) that the applicant for the patent has faued to disclose to the controller the information required by section 8 or has furnished information which in material particulars was false to his knowledge; (n) that the applicant contravened any direction for secrecy _ passed un~~~ __ !l~tio~ __ !!?_~e ,i!lad,e an application for the  grant of a patent outside india in contravention of section 39; (0) that leave to amend the complete specification under s bection 57 or section 58 was obtained by fraud (2) for the purposes of clauses (e) and (f) of sub-section (lj-(4) no account shall be taken of secret use; and 10 (b) where the patent is for a process or for a product as made by a process described or claim'the importation into india of the product made abroad by that process shan constitute knowledge or use in india of the invention on the date of the importation (3) for the purposes of clause (1) of sub-section (1), no account shall be taken of any use of the invention-20 (a) for the purpose of reasonable trial or experiment only; ar :  j ~1tif1l (b) by the government or by any person authorised by the government or by a government undertaking, in consequence of the applicant for-the patent or any p_son from whom he derives title having communicated or disclosed the invention directly or indirectly to the government or person authorised as aforesaid or to the government undertaking; or (c) by any other person, in consequence of the applicant for the patent or any person from whom he derlves title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title (4) without prejudice to the provisions contained in sub-section (1)', a patent may be ri!vpked by the high c!&urt on the petition of the central government, if the high court is satisfied that the 30 patentee has without reasonable cause failed to comply with the request of the central gqvernment to make, use or exercise the patented invention for the p~ases of government within the meaning of section 99 upon reasonable terms (5) a notice of any petition for revocation of a patent under this 35 section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therem and it shall not be necessary to serve a notice on any ochee person revocation _ is (1) where at any time after acceptance of a complete ipeci-_ of patendt --ftcation, -the central-government is satisfied that an application for m~m- - ment of a patent or a patent is fql' an invention relating to atoduc energy for complete which no patent can be granted under sub-section (1) of section 20 specificaof the atomic energy act, 1962, it may direct the controller to 5 33 of 1962 :t:c on refuse to proceed further with the application or to revoke the tiona from patent, as the case may be, and thereupon the controller, after central giving nqtice to the applicant or, as the case may be, to the patentee governand every other person -whose name has been entered in the register ment in as having an interest in the patent, and after giving them an oppor- 10 ~=:m, tunity of being heard, may refuse ta proceed further with -the to atomic application or may revoke the patent energy (2) in any proceedings under sub-section (1), the controller may allow the applicant for the patent or the patentee to amend the complete specification in such manner as he considers necessary 15 instead of :refusing to proceed with the application or revoking the patent  i " i  _ i ; - i _ ~  , llm-"':~ 68 where the central government is of opinion that a patent or the mode in which it is exercised is mischievous to the state or  generally prejudicial to the public, it may, after giving the patentee 20 revocation of patent in public interest lid opportunity to be heard, make a declaration to that e1fect in the officlal gazette and -thereupon the paten_hall be deemed to be revoked  - ' i ;  : _'- ~-: ~ ---! ___ ~j chapter xiii register of patents 25 67 (1) there shall be kept at the patent office a register ot patents, wherein shall be entered-register of patents andparticulars to be entered therein (a) the names and addresses of grantees of patents; (b) notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, exten- 30 sions, and revocations of patents; and (c) particulars of such other d;lauers affecting the validity or proprietorship of patents as may be prescribed (2) no notice of any trust, whether express, implied or constructive, shall be entered in the register, and the controller shall not be 35 affected by any such notice (3) subject to the superintendence and direction of the central government, the register shall be kept under the control and management of the controller   (4) for the il'emoval of doubts, it is hereby declared that the re- 40 girster of patents existing at the commencement of this act shall be incorporated in, and form part of, the register under this act 88 an assigimient of a patent or of a share in a patent, a mort- assign _ __ gagef-licence _or the creation of any other interest in a patent shall menta, not be valid unless the same were in writing and the agreement etc, not between the parties concerned is reduced to the form of a document to be ~ embodying all the terms and conditions governing their rights and valid j unless it obligations and the application for il'egistration of such document writin, is filed in the prescribed :menner with the controller within three and re· months, or within such further period not exceeding three months gfstered, in the aggregate as the controler on application made in the pres-10 cribed manner allows, from the execution thereof: provided that the document shau;\vhen registered, have effect from the date of its execution 69 (1) where any person becomes entitled by assignment, trans- re,istra mission or operation of law to a patent or to a share in a patent or tion of is b~omes entitled as a mortgagee, licensee or otherwise to any other assigninterest in u patent, he shall apply in writing in the prescribed menta, manner to the controller for the registration of his title or, as the :-:;~na case may be, of notice of his interest in the register etc'  (2) vvithou~ prejudice to the provisions of sub-section (1) , an 20 application for the registration of the title of any person becoming entitled by assignment to a patent or a ware in a patent or becoming entitled by virt'ue of a mortgage, licence or other instrument to any other intel'est jn a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that in-2s strument, as the case may be, (3) where an application is made under this section for the registration of the title of any person the controller shall, upon proof of title to hi) satisfaction,-(a) where that person is entitled to a patent or a share in 30 a patent, register him in the register as proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument orevent by which he derives title; or (b) where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with par-3s ticulars of the instrument, if any, creating it: provided that where the validity of the transaction or transmission or of the mortgage, licence or other transaction referred to in sub-section (1) is in dispute between the parties, the controller may refuse to register the transmission, mortgage, licence or other 40 transaction until_ the rights of the parties have been determind by a competent court  (4) there shall be supplied to the controller in the preseribed ---manner for· being 1ued in the patent _oftlce copies of all ajreementl, licences and other documents a1fecting the title to any patent or any licence thereunder authenticated in'the prescribed: manner and also such other documents as may be prescribed relevant to the subject-5 matter: provided that in the case of licences gmnted under a patent, the controller shall, if 80 requested by the patentee or lic~j take tep8 for securing that the terms of the licence are not disclosed to any person exeept under the order of a court 10 (5) except for the purposes of an application under sub-section (1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted by the controller or by any court as evidence of the title of any person to a patent or to a share j s or interest therein unless the controller or the court, for reasons to be recorded in writing, otherwise directs power of re,istered grantee or proprietor to deal with patent 70 subject to the provisions contained in this act relating to coownership of patents and subjec~ also to any rights vested in £lny other person of which notice is entered in the register, the person or 20 persons registered as grantee or proprietor of a patent shall have power to-1t\ssign, grant licences under~ -or otherwise deal with, the, patent and to give effectual receipts for any consideration for any such assignment, licence or dealing: provided that any equities in respect of the patent may be en- 25 forced in like manner as in respect of any other movable property, 11 (1) the high court may, on the application of any persod aggrievedfrom the register of any (a) by the absence or omission entry; or recti1k  tion of l'eliater by hi&h court 30 register without sufficient (b) by any entry made in the cause; or (c) by any entry wrongly remaining on the register; or (d) by any error or defect in any entry in the register; make such order for the making, variation or deletion, of any entry 35 therein as it may think fit (2) in any proceeding under this section the high court may decide any question that may be necessary or expedient to decide in connection with the rectification of the register (3) notice of any apprtcation to the high court under this lection 40 shall 'be given in the prescribed manner to the controller who hall be entitled to appear and be heard on the application, and 'hall ____ --"appearif_so directed_by the court  (4) any order of the high court under this section rectifyin, the register shall direct that notice of the rectification shall be served 5 upon the controller in the prescribed: manner who shall upon receipt of such notice rectify the 1'egister accordingly 71 (1) subject to the provisions contained in this act and adj ~e::ter rules made th~reunder, the register shall at all convenient times be for m:::~ open to inspection by the public; and certified copies, sealed with the tion 10 seal of the patent office, of any entry in the regisrer shall be given to any person requiring them on payment of the prescrloed fee (2) the register shan be prima facie evidence of any matters required or authorised by or under this act to be entered therein  chapter xiv patent offici!: and establishment'5 43 ot 1958 73 (1) the controller general of patents, designs a,nd trade controller marks appointed under sub-section (1) of section 4 of the trade and a~dother merchandise marks act, 1958, shall be the controller of patents for 0 cers the purpos'es of this act 20 (2) the central government -may appoint as man,- examiners and other officers and with such designations as it thinks fit for the purpose of discharging, under the superintendence and directions 'of the controller, such functions of the controller under this act as it may' from time to time authorise them to discharge 25 '1'- (1) for the purpose of this act there shall be established  patent office which shall be known as the patent office oftlce and ita (2) the head office of the patent office shall be at such place as branche 'the central government may specify, and for the purpose of facilitating the registration of patents there may be established, at such 30 other places as the centra! govermnent may think fit,branc:h offices of the patent office (3) there shall be a seal of the patent oftice 75 all officers and employees of the patent office shall be in- restriccapable, during the period for which they hold their appointments, tiolu on 35 to acquire or take, directly or indirectly, except by inh~ritance or employee~ bequest, any right or interest in any patent issued by that oftlee o~pataent ou&ce s to richt or interelt inpatentl ot!lcer 18 an omcer or employee in the patent oftice sh:a1l not except -and·· --when required or authorised by this act or under a direction in  employee writing of the central government or the controller or by order of not to  furnish a cqurt,-information, etc (a) furnish information on a mat~r which is being or has , been, dealt with under this act or under the indian patents and designs act, 1911; or (b) prepare ar assist in the preparation of a document required or permitted by or under this act or under the indian patents and designs act, 1911, to be lodged in the paten~ office; 10 i of 1911 or (e) conduct a search in the records of the patent office  chapter xv powers of controller generally77 (1) subject to any rules made in this behalf, the controller is in any proceedings before him under this act shall have the powers of a civil court while trying a suit under the code of civil procedure, 1908, in respect of the following matters, namely:-control!er to have certaill powerlof a civil court (a) lummoning and enforcing the attendance of any person and examining him on oath;' 20 (b) requiring the discovery and production of any docum'ent; (c) receiving evidence on affidavits; (d) issuilig commissions for the examination of witnesses or documents; 25 (e) awarding ~osts; in the (f) reviewing his own decision on application made prescribed manner; (g) setting aside orders passed ex parte; (h) any other matter which may be prescribed (2) any order for costs awarded by the controller in exercise of the powers conferred upon him under sub-section (1) shall be ~xe­cutable as a decree of a civil court 78 (1) without prejudice to the provisions contained in sections 57 and 59 as regards amendment of complete specifications filed in 3' pursuance of an application for a patent and subject to the provisions of section 44, the controller may in accordance with the powerot controller to correct clerical errol'l,etlc " provisions 01 this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such --application or in any application for a patent or any clerical error in any matter which is entered in the register s (2) a correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request (3) where the controller proposes to make any such correctlaa as aforesaid otherwise than in pursuance of a request made under 10 this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the--ease may be, and to any othej person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction (4) where a request is made under this section for the correction 15 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 (lugbt not to be made without notice to persons affected thereby, he shall require 20 notice of the nature of the proposed correction to be advertised in the prescribed manner (5) within the prescribed time afte any such advertisement as' aforesaid any person interested may give notice to the controller of opposition to the request, and, where such notice of opposition ia 2s given, the controller shall give notice thereof to the person by whom 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 rules made in this behalf, in any proceedida evidence under this act before the controller evidenc~ shall be given by h~w to be 30 affidavit in the absence of directions by the controller to the con- liven an~ trary, but in any case in which the controller thinks it right so to ~~:::l~er do, he may take pral evidence in lieu of, or in addition to, evidence in respect by affidavit, or roay anow any party~ be cross-examined on the thereof contents of his affidavit 35 80 without prejudice to any provision contained in this exercise act requiring the controller to hear any party to the proceedings of discrethereunder or to give any such party an opportunity to be heard, the tionary b controller shall give to any applicant for a patent, or for flmendment ~::::ll:r of a specification (if within the prescribed time the applicant so 40 requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the controller by or under this act 1361 b ls-8 djlpoal 81 where under the provisions of this act or the rules made there  b! eontrol- under the controller may extend the time for doin, any act, dotbidi -rttr of intlifsact shall be deemed to require him to give notice to or hear ti lp:li!~-the party interested in opposing the extension, nor shall any ap~al o  lor ii f " utenaion e rom any order of the controller grantmg such extension oftlm •  chapter xvi working of patents, compulsory licences, licences of right and revocation82 in this chapter,-(a) "patented article" includes any article made by a patent- 10 ed process; and de4nitiolll ofupatenteel articles" and -patentee" (b) "patentee" includes an exclusive licensee general 83 without prejudice to the other provisions contained in thf8 prlneiples act, in exercising the powers conferred by this chapter, regard shall to·ppllc~~~~ be had to the following general considerations, namely,-15 wor of patented (a) that patents are granted to encourage inventions and to iuyentions secure that the inventions are worked in india on n commercial scale and to the fullest extent that is reasonably practicable without undue delay; and (b) that they are not granted merely to enable ljatentees to 20 enjoy a mon~poly for the importation of the patented article compulsory licences 84 (1) at any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the controller alleging that the reasonable requirements of the ,public with respect to the patented invention have not 25 been satisfied and praying for the grant of a compulsory licence to work the patented invenltion (2) an application under this section may be made by any person aotwjthstanding that he is already the holda' of a licence under the paient and no person shal'l be estopped from alleging that the reason- 30 able req,uirements of the public with respect to the patented inven  tion are not satisfied by reason of any admission made by him, whether in stlch a licence or otherwise or by reason of his having accepted such a licence (3) every application under sub-section (1) shall contain a state- 35 ment setting out the nature of the applicant's interest together with 'such particulars as m1ay be prescribed and the facts upon which the application is based (4) in considering the application filed under this section the controller shall take into account the matters set out in section 85 --------(5) the controller, if satisfied that the reasonable requirement - of the public with respect to the patented invention have not beed 5 satisfied, may order the patentee to grant a licence upon such terms as he may deem fit (6) where the controller directs the patentee to grant a licence he may as incidental thereto exercise the powers set out in section 93 (7) the decision of the controller shall be subject to appeal to 10 the central government 20 6~ of 19~1 85 in determining whether or not to make an order in pursuance matter of an application filed under section 84, the controller shall 'take into to be taked' account:-into account (i) the nature of the invention, the :time which has elapsed in grantinj since the sealing of the patent and the measures already taken by c:ompulaory the patentee or any licensee to make full use of the invention; l1ceneea (ii) the ability of the applicant to work the invention to the public adwntage; (iii) where the invention relates to a scheduled industry within the meaning of the industries (develotynent and regulation) act, 1951, whether the applicant would be granted permission to work the invention, if a licence were granjted; (il1) the capacity of the applicant to undertake the risk fd providing capital and working the invention, if the appucation were granted; but shall not be required to take into account matters subsequent to the making of the application 86 (1) at any time after the expiration of three years from the endorsedate of the sealing of a patent, the central government may make an ment ot application to the controller for an order that the patent day be patent endorsed with the words ''f;icences of right" on-'the ground that the with ~o reasonable requirements of the public with respect to the patented !:rds invention have not been satisfied "licence (2) the controller, if satisfied that the reasonable requirements of of rilh1" the public with respect to the pa:tented invention have not been satta-~5 fled, may make an order that the patent be endorsed with the worda -''licences of right" (3) where a patent of addition is in force, any application made under this section for an endorsement either of the original patent or of the patent of addition shall be treated as an application for the _____ ~_ndorsement of both patents, and where a patent of addition is granted ~ in re&pect- of a patent which is already endorsed under this section, the paten~ of addition bhall also be so endorsed (4) all endorsements of patents made under this section shall be  s entered in the register and published in the ofticial gazette and in such other manner as the controller thinks desirable for bringing the endorsement to the notice of manufacturers 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-10 (i) substances used or capable of being used as food or as medicine or drug; eertain patents deemed to beendorsed with the word's ''licenees of right" (ii) the methods or processes for the manufacture or production of any such su'bstance as is referred to in subclause (i); is (iii) the methods or processes for the manufacture or production of chemical substances (including alloys, optical glass, semi-conductors and inter-metallic compounds); and (b) every pafent granted after the commencement of this 20 act in respect of any such invention as is referred to in subclauaes (ii) and (iii) of clause (a); shan be deemed to be endorsed with the words "licences of right", in the case of inventions referred to in clause (a), from the commencement of this act, and, in the case of inventions referred to in 2s clause (b), from the date of sealing of the patent (2) in respect of every patent which is deemed to be endorsed with the words "licences of right" under this section, the provisions of section 88 shall apply 88 (1) where a~atent has been endorsed with the words "licences 30 of right", any person who is interested in working the patented inven tion in india may require the patentee to grant him a licence for the purpose on such terms as may be mutually a,greed upon effect of endorsement of patent with the words "licences of right" (2) if the partia are unable to agree on the terms of the licence, either of them may apply in the prescribed manner to the controller 3s to settle the te'nns thereof (3) the controller shall, after giving notice to the parties and hearing them and after making such enquiry as he may deem fit, decide the terms on which the licence shall be granted by the patentee (4) the controller may at any time before the terms of the licence are mutually agreed upon or decided by the controller, on ----application-made to him in this behalf by any person who has made any such requisition as is referred to in sub-section (1), permit him 5 to work the patented invention on such terms as the controller may, pending agreement between the parties or decision by the controller, think fit to impose (5) in respect of every patent deemed to be endorsed with the words "licences of right" under sub-clause (i) or sub-clause (ii) of 10 clause (a) of sub-section (1) of section 87, whether the patent was granted before or  after the commencement of this act, the royality and other remuneration reserved to the patentee under a licence grnnted to any person after such commencement shall in no case exceed four per cent of the net ex-factory sale price 15 in bulk of the patented article (exclusive of taxes levied 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 (1), (2), (4), (5) and (6) of section 93 (regarding 20 the powers of the controller) and of sections 94 and 95 shall apply to licences granted under this section as they apply to licences granted under section 84 89 (1) where, in 'respect of a patent, a compulsory licence has revocation been grimed or the endorsement "licences of right" has been made of patents 25 or is deemed to have been made, the central government or any per- ~y ~ 11 son interested may, after the expiration of two years from the date to~~o~- er of the order granting the first compulsory licence or, as the case may working be, the date of the endorsement, apply to the controller for an order revoking the patent on the ground that the reasonable requirements 30 of the public with respect to the patented invention have not been satisfied (2) every application under su'b-section (1) shall contain such particulars ·as may be prescribed and the facts upon which the appli-- cation is based, end~"l\n the case of an application other than by the 3s central' government, shal1 also set out the nature of the appucant's interest (3) the controller, if satisfied that the reasonable requirementt; of the public with respect to thep8ltented inventi(}n have not been satisfied, may make an order revoking the patent 40 90 for the purposes of sections 84, 86 and 89, the reasonable re- when quirements of the public shall be deemed not to have been satisfted- reasonable (a) if, by reason of the default of the patentee to manufacture :::~:f in india to an adequate extent and supply on reasonable terms the °the public patented article or a part of the patentpq article which is neces- deemed not latij-led sary for its efficient working or if, by reason of the refusal of the _____ patentee to gnmt a licence or licences on reasonable terms-(i) an existing trade or industry or the development thereof or the establishment of any new trade or industry in india or the trade or industry of any person or classes of per-5 sons trading or manufacturing in india is prejudiced; or (ii) the demand for the patented article is not being met to an adequate extent or on reasonable terms from manufacture in india; or (iii) a market for the export of the patented article 10 mnufactured in india is not being supplied or developed or such market capable of being created is not being created: or (iv) the establishment or development of commercial activities in india is prejudiced; or (b) if, by t"eason of conditions imposed by the patentee (whe- is ther before or after the commencement of this act) upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, the marufecture, use or sale of materials not protected by the patent, or the establishment or development of any trade or industry in india, is prejudiced; 20 or (c,- if the patented invention is not beinsg worked in india on a commercial scale to an adequate extent or is not being 10 worked to the fullest extent that is reasonably practicable; or (d) if the demand for the patented article in india is being 2' met to a substantial extent by importation from abroad by-(i) the patentee or persons claiming under him; or (ii) persons directly or indirectly purchasing fram him; or  " ~---:  (iii) other persons egainst whom the patentee is not ~u 30 ing or has not taken proceedings for infringement; or· fe) if the working of the patented inveilltion in india on a commercial scale is being prevented or hindered by the importa-"-tion from abroad of the patented article by the patentee or the other persons referred to in the preceding cieuse 3s power of 91 (1) where an application under section 84, section 86 or sec-controller tion 89, as the case may be, is made on the ground mentioned in clause to adjourn (e) of section 90 and the controller is satisfied that the time which applications for has elapsed since the sealing of the patent has for any reason been compulsory insufficient to enable the invention to be worked on a commercial 40 licences, scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practica}j'~, he may, by order, adjourn the further hearing of the application for such period etc, m not exceeding twelve months in the aggregate as appears to him to certain -- be su1bcient for the invention to be 80 worked caaes (2) no adjournment under sub-section (1) shall be ordered unless 5 the controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in india on a commercial scale and to an adequate extent (3) in computing the period of twelve months referred to in subsection (1) in any case where the patentee establishes that the reason 10 why a patented invention could not be worked or worked on a commercial scale to an adequ:eut,extent or worked to the fullest extent that is reasonably practicable before the date of the application was due to any state or central act or any rule or regulation made thereunder or any order of the government imposed otherwise than i s by way of a condition for the working of the invention in india 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 apparatus, the period during which such act, rule or regulation or order of government preventing the working of the invention was in force 20 shall be excluded 9% (1) where the controller is satisfied, upon consideration of procedure an application under section 44, section 86 or section 89, that a prima for dealing facie case has been made out for the making of an order, he shall with applidirect the applicant to serve copies of the application upon the ~~~:~ec-2s patentee and any other person appearing from the register to be tiona 84, interested in the patent in respect of which the application is made, 88 and bi and shall advertise the application in the ofticial gazette (2) the patentee or any other person desiring to oppose the application may, within such time as may be prescribed or within 30 such further time as the controller may on application (made either before or after the expiration of the prescribed time) allow, give to the controller notice of opposition (3) any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed (4) where any such notice of opposition is duly given, the con-35 troller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case 93 (1) where the controller is satisfied on application made powers of under section 84 that the manufacture, use or sale of materials not controller an protected by the patent is prejudiced by reason of conditiona imposed in gr~?,~ ~  ~mp~o~ by the patentee upon the grant of licences under the patent, or upon jifledces the purcha3e, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences _under the patent to such customers of the applicant as he thinks 11t_ as well as to the applicant (2) where an application under section 84 is made ·by a person 5 being the holder of a licence under the patent, the controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, 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 10 (3) where on an ap~ion made under section 84 of the control-, ler orders the grant of a licence, he may direct that the licence shell operate-(a) to deprive the patentee of any right which he may have as patentee to make, use, exercise or vend the invention or to 15 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 20 requirements of the public have not been satisfied with respect to some only of the said patekts, then, if the controller is satisfied that the applicant cannot efficiently or 91tisfactorily work· the licence granted to him under those patents without infringing the other patents held by the patentee, he may, by order, direct the grant of a 25 licence in respect of the other patents also to 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 been settled by the controller, an application may be made to the controller by 30 the licensee for the revision of the terms on the ground that the terms settled have proved to be more onerous than originally expected and that in conseqttence thereof the licensee is unable to work the invention except at a loss: provided that no such application shall be entertained,-35 (a) unless the licensee has worked the ,invention on a commercial scale for a period of at least twelve months, or (b) a second time (6) the decision of the controller shall be subject to appeal to the central government m the powers of the controller upon an application made under genera! section 84 3hall be exercised with a view to securing the following purpose ---general purposes, that is to say,-for  jl'antm, 5 (4) tmtt patented inventions are worked on a commercial ~omp1hsory scale in india without undue delay and to the fullest extent that hcences is reasonably practicable; (b) that the interests of any pel'bon for the time being working or developing an invention in india under the protection of a patent are not unfairly prejudiced lois (1) in aettling the terms and conditions of a iicetletl'!!t_4h1der terms and 15 section 84,· the controller shall endeavour to secureconditiona  olcom-(i) that the royalty and other remuneration, if any, reserved pulsory to the patentee or other person beneficially entitled to the patent, licences is reasonable, having regard to the nature of the invention, the 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 (n) 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 (2) no licence granted by the controller shall authorise the licensee to import the patented article or an article 01' substance 2s lnade by a patented process trom abroad where such importation would, but for such authorisation, constitute an infringement of the rights of the patentee (3) notwithstanding anything contained in sub-section l (2), the central government may, if in its opinion it fa necessary 80 to do 30 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 (subject to such conditions as it considen necessary to impose relati~ among other matters to the quantum of import, the sale price of 35 the imported article, and the period of importation), and thereupon the controller shall give effect to the directions  , 96 (1) notwithstanding anything contained in the other provi- liceluinl 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 40 as patentee or as licensee thereof, exclusive or otherwise, may apply 1261 (b) ls--i to the controller for the grant of a licence of the flrsi mentioned pj~~gj_on the ground that he is prevented or hindered without such licence from working the other invention efficiently or to ihe best advantage possible-(2) no order under sub-section (1) shall be made unless the con-5 troller is satisfied that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they 80 desire of, a licence in respect of the other invention on reasonable terms (3) when the controller is satisfied that the conditions mentioned in sub-section (1) have been established by the -applicant, i:le:l!\ay 10 make an order on such tenns as he thinks fit granting a licence under the first mentiqned 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 is granted under this section as they apply to licences granted under section 84 (5) the decision of ,the controller shall be subject to appeal to the central government 97- (1) if the central government is satisfied in respect of ~y 20 patent or class of patents in force that it is necess&ty or expedie~ in the public interest that compulsory 'licences should be granted at any time after the sealing thereof to work the invention or inventions, it may make a declaration to that effect in theoftlcial gazette, and thereupon the following provisions shall have effect, that is~o 25 say-special provision for compulsory licences on noti1lcation by central government (i) the controller shall on application made at any time after the notification by any person interested grant ~o the applicant a licence under the patent on such terms as he thinks fit; (ii) in settling the terms of a licence gi-anted under this sec- 30 tion, the controller shall endeavour to secure thai the articles manufactured under the patent shall be available to the public at the lowest"rices consistent with the patentees deriving a reasc)]iable advantage from their patent rights (2) the provisions of sections 92, 93, 94 and 95 shall apply in reo- 35 lation to the grant of licences under this section as they ilpply in relation to the grant of licences under section 84 (3) the decision of the controller shall be subject to appeal to the central government -- 98 any or~er for the grant of a licence under this chapter shall order ____ ~perate as if it were a d~ granting a licence executed by _ '_the for __ patentee and all other _ necessary parties embodyiq the terms add licence conditions, if any, settled by the controller to operate as a deed between parties concerned  5 chapter xvii use of inventions for purposes of government a-1'ild acq uisition of inventions by central government99 (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 10 or vended for the purposes of the central government, a state gov- invention, ernmentor a government undertaking or any other undertaking in for purr-    poses 0 a class or classes of mdustrles which the central government, havmg governregard to the interests of the general public may notify in this behalf ment in the official gazette 15 (2) nothing contained 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 patentee's rights under section 48 and under which no royalty or other remunera~icn is payable to the patentee 100 (1) notwiths~ding anything contained in this ,act, at any power of 20 time after an application for a patent has been filed at the pat~t central office or a patent has been granted, the central government and any governperson authorised in writing by it, may make, use, exercise or vend ment to the invention for the purposes of government in accordance with the :~f:-;nprovisions of this chapter purposes (2) where an invention has, before the priority date of the rele- of govern 25 vant claim of the complete specification, been duly recorded in a ment document, or te;ted 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 30 or by a person from whom he derives title, any use of the invention for the purposes of government may be made free of any royalty or other remuneration 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 government or any person 6uthorised by it under sub-sectiod (1), 35 at any t~e after the acceptance of the complete specification in respect of the patent or til consequence of any such communjcation u aforesaid, shall be made upon terms as may be ~greed upon either before or after the use, between the central government or any person authorised under sub-section (1) and the patentee, o~, ~s mal 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 5 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 after the use has begun 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 ule of the invention has been for the purposes of a government undertaking 20 or an undertaking in a class or claases of industries notified by the central government under section 99, the central! 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 the 25 purposes ot government under sub-eection (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-sect1on (1) were the patentee of 30 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 8i is referred to in sub-sectlon (3) of section 101, or where such patent baa been assigned to the patentee in consideration of royalties or other 3s benefits detennined 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 exclutlive licensee ' 101 (1) in relation to any use of a ~tented invention, or an m- rights ot ventton in respect of which an application tor a patent is pending, third made for the purposes of government----parties if   respect 0 (4) by the central government or any 1"iiiipel~io"!d authorised by use of 5 the central government under aecticm 100; or inventiol (b) by the patentee or applicant tor the patent to the order for purmade by the central government, peooses of vernthe provisions of any licence, assignment or agreement granted or menl made, whether before or after the commencemedt of this aot, bet-10 ween the patentee or applicant for the patent (or any person who derives title from him or :bom whcm he derives title) add &ipj person other than the central government shall be of no effect 10 far as those provisiol'l&-(i) restrict or regulate the use for the purposes of government of the invention, or of any model, document or information relating thereto, or (ii) provide for the making of payments in respect of any use of the invention or of the model, document or information relating thereto for the purposes of government (tncluding payments by way of minimum royalty); and the reproduction or publication of any model or document in connection with the said use for the pw'puses of government shall not be deemed to be an infringement of any copyright subsisting in the model or document 25 (2) where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference til the use of the invention (including payments by way of minimum royalty) j then, in relation to any use of the invention made for the purposes of gov-30 emment by the p~tentee to the order of the central government, lrib-section (3) of section 100 shall have ef!ect as it tmt uiie were made by virtue of an authority given under that section; 'lncl any use of the invention for the purposes of government by virtue of sub-section (3) of that section shall have effect as if the reference 35 to the patentee included a reference to the a~signor of the patent, and any sum payable by virtue of that sub-section shall be divided between the patentee and the assignor in such proportion as may be agreed upon between them or as may in default of agreement be determined by the high court on a reference under sec:tion 103    40 (3) where by virtue of sub-section (3) of section 100, payments are reql$'ed to be made by the central government or persons authorised under sub-bection (1) of that section in respect of the use of an invention for the purposes of government and where in r~spect of such pfltent t4ere is a1:1 ex~lusive licensee ~uthorised under ~s  licence to use th~' lnventi9n for the purpos(~s of goveri)men~ such sum shall be shared by the ,patentee and sugh ijcel)see in '~uch-­proportions, if a~7, as may be agreed upon betweekl them or ns may in default of agreement be determined by the high court 011 a s reference under section 103 to be just, having regard to any expenditure incurred by the licensee-(a) in developing the said invention; of (b) in making payments to the patentees other than royalties or other benefits determined by refell'nee to' the use of ~h'e i 0 invention, including paym~nts by way vfminimum royalty in  i consideration of the licence acquisi-102 (1) the central government may, if satisfied that it ta non of necessary that an invention which is the subject of an application inventions for a' patent or a patent should be acquired from the applicant or is :~::tentl the patentee for a public purpose, publish a notification to that central effect in the official gazette, and thereupon the invention or patent governand all rights in respect of the invention or pat~nt shall, by force ment of this section, stand transferred to and be vested in the central government 20 (2) notice of the acquisition shall be giv~ll to the applicant, and, where a patent ha-s been granted, to the patentee and other persons, if any, appearing in the register as having djll interest in the patent (3) the central government shall pay to the applicant, or, as the case may be, the patentee and other persolls iippearing on the 2s register as having an interest in the patent such compensation as may be agreed upon between the central 'government and the applicant, or the patentee and other persons; or, as may be 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- 30 curred in conection with the invention and, in the c9se of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made €iuring such period by the patentee or ~y his licensee whetlier exclusive or otherwise) and other relevant factors:' 3s 103 (1) &;1y dispute as to the exercise by the central government or a person authorised by it of the powers conferred by 8ection 100, or as to terms for the use of an invention for the purposes of government thereunder or as to the right of any person to 40 receive any part of a payment made' in pursuance of sub-section (3) of that section or as to the amount of compensaticn payable for the asquisition of an ill:vention or a patent under section 102, mey be reference to high court of disputes as to use for purpose$ of govern- mente referred to the high court by either party to the dispute in such manner as may be prescribed by the rules of the high court (2) in any proceedings under this section to wnich the central government is a party, the central government may--- ,0  "  s (4) if the patentee is a party to the proceedings, petitlon by way of counter-claim for revocation of the patent on any ground upon which a patem may be revoked under section 64; and (b) whether a patentee is or is not a party to the proceed-10 ings, put ,in issue, the validity of the r::t~:cnt without petitionini for its revocation ' , , (3) if in sud! proceedings as aforesaid ally question arises \vhether ,an invention has been recorded, tested or tried as is dl'entioned in section 100, and the disclosure of any documentregardin, the is invention, or' of any evidence of the test or trial thereof ' would, in the opinion of the central government, be prej udicial to the public interest, the disclosure may  be made confidentially to the advocate of the other party or to an indepprdc~t expert mutu&l1y agreed upon 20 (4) in determining under this section any dispute between the central government and any person as to tc"rms for the use of an invention for the purposes of government, the high court shall have regard to any benefit or compensation which that person or any person from whom he derives title, may have received, or may 2s be entitled to receive, directly or indirectly in respect of the use of the invention in question for the purposes of government (5) in any proceedings under this section, the high court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to an official refree, commis-30 si9~er or an arbitrator on such terms as th(> high coq,r't may direct, and references to the high court in the foregoing provisions of this section shall be construed accordingly (6) where the invention claimed in a patent was made by a person who at the time it was made was in the service of the central 3s government or of a state government or was an employee of a government undertaking and the subject-matter of the invention is certified by the relevant government or the principal ofbcer of the  government undertaking to be connected with the work done in the course of the normal duties, of the government servant or employee of the government undertaking, then, notwithstanding anything contained in this section, any dispute of the nature referred to in subsection (1) relating to the invention shall be disposed of by- the ------- ----central government conformably to the provisions of this section so far as may be applicable, but -before doing 80 the central govern-s meat aball give an opportunity to the patentee and aach other parties as it considers have an interest in the matter to be heard  chapter xviii st1l'1's concauting dji'itihgkmmt or patdtsj-urisdiction 104 no suit for a declaration under section 105 or for any relief 10 udder 18cti0d 106 or for infringement of a patedt shall be maututecl in any court inferior to a district court having jurisdiction to try the suit power of court to make declaration as to noninfrin,ement los (1) notwithstanding anything contained in section 34 of the specific relief act, 1963, any person may institute a suit for a declara- is n of 1963 tion that the use by him of any process, or the making, use or sale of any article by him, does dot, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made 'by the  patentee or the licensee, if it 2 is shown-(a) that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgment to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question: and 2s (b) that the patentee or licensee has refused or neglected to give such ad acknowledgment (2) the costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons the court thinks it to order otherwise; be paid by the plaintift  30 (3) the validity of a claim of the specification of a patent shall not be called in question in a suit for a declaration brought by virtue 9f this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid or invalid -35 (4) a suit for a declaration may -be brought by virtue of this section at any time after the date of advertisement of acceptance of the complete &peei1lca1ioll of a patent, and references in thls sectloil to the patentee shall be construed accordingly 101 (1) where any person (whether entitled to or interested in l'ower of a patent or an application for a patent or not) threatens any other cou~_~_--, person ·by circulars or advertisements or by communications, oral or :::f in in writing, addressed to that or any other person, with proceedings cases ot 5 for ~gep1ent of a patent, any person aggrieved thereby may bring li'oundless a suit against him praying for the following reliefs, that is to say- thr~ats of ·infrmge-(4) a declaration to the effect that the threats are unjustift- mgt proable;  ceedings (b) an injunction against the continuance of the threats; and 10 :-=---(c) such damages, if any, as he has sustained thereby (2) unless in s:uch suit the defendant proves that the ac~s in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of 15 the specification not shown by the plaintiff to be invalid, the court may grant to the plaidtiff all or any of the reliefs prayed for expla7l4tion-a mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section 2~i07 in any suit for infringement of a patent, every ground on ~efe~ees which it may be revoked under section 64 shall be available as a fm s~l1ts ormground for defence fringement 108 the reliefs which a court may grant in any suit for in- reliefs fringement include an injunction (subject to such terms, if any, as in suits 2s the court thinks fit) and, at the option of the plaintiff, either damages fo~ inor an account of profits  frin,ement 109 (1) the holder of an exclusive licence shall have the like right rightof as the patentee to institute a suit in respect of any infringement of exclusive the patent committ~d after the date of the licence, and in awarding licensee 30 damages or an account of profits or grant~g a~y other relief in any t~~_ sacb -suit the court shall take mto consideration any loss slmered ~gs or likely to be suffered by the exclusive licensee as such or, as the against case may be, the profits earned by means of the infringement so far infringeas it constitutes an infringement of the rights of the exclusive ment 3s licensee as such (2) in any suit for infringement of a patent by the holder of an exclusive licence under sub-section (1), the pa ten tee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so added as defendant shall not be liable for any costs unless 40 he enters an appearance and takes part in the proceedings 1261 (b) ls-io 110 any person to whom a licence has been granted udder section 84 shall be entitled to call upon the patentee to take p~oceedings to prevent any infringement of the patent, and, if the patentee refuses----or neglects to do so within two months after being 80 called upon, the lkwlsee may institute proceedings for the idfringemmt in ht 0 5 dame as though he were the patentee, making the patentee - defed· ' dadt; but a patentee 80 added as c:le:fendant shal1 not be liable for any coats unless he enters an appearance and takes part in the proceedings rip' • f licensee under section mto take proceedinca apinat intrinaemeat w (1) in - su1t for idfringement of a patent dam or an 10 account of profits shall not be granted against the defendadt who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed beatric-uim on powerot court to il'8dt d8~ or account ofproftts tor mtrfdce jdent explanation-' a person shall not be deemed to have been aware or t(\ have had reasonable grounds for' believing that a patent exists 15 by reason only of the application to an article of the word 'patent', 'patented' or any word or words expressing or implying that a patent has been obtained for the article,unless the number of the patent aecompanies the word_ words in question (2) in any suit for infringement of a patent the court may, if it 20 thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a fallure to pay any renewal fee within the prescribed period and before any extension of that period (3) where an amendment of a specification by way of disclaimer, 25 correction or explanation has been allowed under this act after the publication of the specification, no damages or account of profits shall be granted in any proceeding in respect of the use of the invention before the date of thii decision allowing the amendment, unless the court is satisfied that the specification as onginally publish~ was 30 framed in good faith and with reasonable skill and knowledge restrictionon power of court (4) nothing in this section shall affect the power of the court to grant an injunction in any suit for infringement of a patent 112 if in proceedings for the infringement of a patent endorsed or deemed to be endorsed with the words "licences of right" (otherwise 35 than t>y the importation of the patentled article from other countries) the infringing defendant is ready and willing to take a licence upon terms to be 'settled by the controller as provided in section 88, no injunction shall be granted against him, and the amount (if any) to recoverable against him by way of damages shan not exceed double grant u1e ~ount which would have been recoverable apinat him as-'licen-:-:~:~--'-'  if such a 1icedce had hem jl"idteq beb:e the earlieat idfdnie- certain s ment  cases 113 (l) u in any pr~ings before a high court for the revoca- certiftcate tion of a patent under section 64 the validity of any claim of a speci- of va1id~ty fication is contested and that claim is found by the court to be valid, ft~:t::::ncl the cou~ may certify that the validity of that claim was contested cests of 10 in those proceedings and was upheld ~ , subsequent suits tor (2) where any such certificate has been granted, then, if in any =~ge­subsequent suit before a court for infringement of that claim of the thereof patent or in any subsequent proceeding for revocation of the patent in so far as it relates to that claim, the patentee or other person rely-is ing on the validity of the claim obtains a final order or judgment in his favour, he shall be entitled to an order for the payment 'of his full cobts~ charges and expenses of and incidental to any such suit or proceeding properly incurred so far as they concern the claim in respect of which the certificate was granted, unless the court trying 20 the, suit or proceeding otheawise directs: provided that the costs as'specified in this sub-section shall not be ordered when the party disputing the validity of the claim satisfies the court that he was not aware of the grant of the certificate when h8 raised·the dispute ·and withdrew forthwith such defence when he 2s became aware of such a certificate (;j) nothinl contained in this section shall 1?e ,construed as authorising courts hearing appeals from decrees or orders in suits for: infridgement ~r petitions for revocation to pass orders for costs on the scale referred to tberein " ,  30 11-' (1) if in proceedings for infringement of a patent it is found relief for that any claim of the specification, being a claim in respect of which infringeinfringement is alleged,' is valid, but that any other claim is' invalid, men~ ot the court may grant relief in respect of any valid claim which is ~::a1lt infringed: ipec:iftca-  ~ -,' '~provide~:that ,~ c~ hall not gr~t rellef ex~t by 'way of s injunction save in the circumstances mentioned in 81:1b-section (2) (2) where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the court shall gr~t relief in respect of any valid claim which- is infringedsubject----to the discretion of the court as to costs and as to the date from which damages or an account of profits should be reckoned, and in s exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to rematn there scienwk: 115 (1) in any suit for inpinlemeat or in any proceedinl' before  advisers a court under this act, the court may at any time, and whether or dot 10 an appucation has ~"lbade by any party for that purpose, appoint an independent scientific adviser to assist the court or to inquire and report upon any such question of fact or of opinion (not involvidl' a question or interpretation cd law) as it may formulate for the purpose is (2) the remuneration of the scientific adviser shall be fixed by the court and shan include the costs of makinl' a report and a proper daily fee for any day on which the scientific adviser may be required to attend before the coullt, and such remuneration shall be defrayed out of moneys provided by parliament by law for the purpose 20 appeal 116 (1) no appeal shall lie from any decision, order or direction made or issued under this act by the central government, or from any act or order of the controller for the purpose of giving 2s e1fect to any such decision, order or direction (2) save as otherwise expressly provided in sub-section (1), an appeal shall lle to a high court from any decfslon, order or dfrection of the controller under any of the following provfalons, that is to say, 30 section 15, section 16, section 17, section 18, section 19, section 20, section 25, section 27, section 28, section 51, section 54, section 57, section 60, section 61, section 63, sub-section (5) of section 69, section 78, section 86 and section 89 (3) every appe!ll under this section shall be in writing and 3s shall be made within three months from the date of the decllsion, order or direction, as the case may be, of the controller, or within iuch further time· as the high court may in aceordance with the rules made by it under section 158 allow 117 (1) every appeal before a high court under section 116 procedure ,shall be by petition and shall be in such form and shall contain such for hearparticulars as may be prescribed by rules made by the high-court· ing of ---under section 158 appeals 5 (2) every such appeal shall be heard by a single judge of the hi~h court: 1 provided that any such judge may, if he so thinks fit, refer the appeal, at any stage of the proceeding to a bench of the high court 'i  (3) where an appeal is heard by a single judge, a further appeal 10 shall lie· to a bench of the hislef:eurt  chapi'er xx pbnaltibs118 if any person fails to comply with any direction given under contravensection 35 or makes or causes to be made an application for the grant tiod of ' :' 15 of a patent in contravention of ~~ction 39, he shall be punishable with se~ imprisonment for a term which may extend· to two years, or with ~:~tin;di fine, or with both: 'to certain dnventions 119 if any person makes, or causes to be made, a false entry in falaiftcaany registet'kept under this act,-'wr a writing falsely purporting to tioi\ of  20 be a copy of an entry in such a register, or produces or tenders, or en:: in causes to be produced or tendered, in evidence any such writing ~:c r, knowing the entry or writing to be f~se, he shall be punisha,ble with imprisonment for a term which may extend to two years, or with fine, or with both' 25 120 if any person falsely represents that any article sold by him unauth~ is patented in india or is the subject of an application for a patent in med cl~ ~dia, he"shall be punish~ble ,with fine which may extend to five ~:gt~~t·( hundred rupees " ,  ~-explanation 1-for the purposes of this section, a person shall be 30' deemed to represenr-35 (a) that an article is patented in india if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in india; (b) that an, article is the subject of an application for a  patent in india, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in india explanation 2-the use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied "for--shall·be deemed to refer to a patent in force in india, or to a pending application for a patent in india, as the case may be, unless there is 5 an accompanying indication that the patent has been obtained or applied for in any country outside india wronaful ueot worda -patent oftlc  121 if any person uses on his place of business or any document issued by him or otherwise the words "patent ofjlce" or any other words which would reasonably lead to the belief that his place  of 10 business is, or is officially connected with, the patent ofbce, he ~all be punishable with--'tmprisonment for a term which may extend to six months, or with fine, or with both 122 (1) if any person refuses or fails to furnish-| refusal    ||------------|| failure to || supply     |(a) to the central government any information which he is required to furnish under sub-section (5) of section 100, 15 informa~ tion (b) to the controller any information or statement which he is required to furnish under section 146, he shall be punishable with fine which may extend to one thousand rupees 20 (2) if any person, ':being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not ·believe to be true, he shall be punishable with imprisonment which 'may extend to six months, or woith fine, or with both  25 1z3 if any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to five hundred rupees in the cue of a first o1fence and two thousand rupees in the case of a second or subsequent offence   ,practice by nonrejutered patent agents lh (1) if the perso~ committing an offence under this act is a 30 offences by companiet company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 35 provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due di~gence tc? prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has heen committeq -with-the------consent or connivance of, or that the commission of the offence is s atttibutable to any neglect on the part of any director, manager, secretary or other officer of the company, sllch director, manager, sec:retary or other officer shan also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly 10 explanation-for the purposes of this section,-(4) "company" ~-wns any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm  chapter xxi patent agents125 the controller shall maintain a register to be called the regis- register ter of patent agents in which shall be entered the names and addres- of patent ses of all persons qualified to have their names so entered under aged" 20 section 126 126 a person shall be qualified to have his name entered in the quawlcaregister of patent agents if he fulfil~ the following conditions, tiona tor namelyre~ , tion u (a) he is a citizen of india: provided that this clause shall patent not apply to a person not a citizen of india who possesses the apnts_ qualifications specified in sub-clause (iii) of clause (c); 3s (b) he has completed the age of 21 years; (c) he has obtained a degree in physical science or engineering from any university in the territory of india or possesses such other equivalent scientific or technical qualifications as the central government may speciofy in this behalf, and, in addition,-(i) is an advocate within the meaning of the advocates act, 196~; or (ii) has passed the qualifying examination prescribed for the purpose; or (iii) has been practising as a patent agent for a period of not less than five years before the commencement of this act and has filed not less than twenty complete specifications during that period; or (iv) has served in the oftice of the controller as an examiner of patents or in aj:ly _ hjgher capacity for a period of not less than seven years: -provided that he had not exercjsed the functions of - hearing ofbcer for a period exc'!eding twelve months in au s during his tenure of 'oftice; (d) he has paid such ,fee as may be prescribed  uhts ot patent a,ents 121 subject to the provisions contained in this act and in any rules made thereunder, evei117trt:»atent agent whose name is entered in the register shall be entitled-10 (a) to practise before the controller; and (b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the controller under this act 128 (1) subject to the provisions contained in sub-section (2) is and to any rules made under this act, all applications and communications to the controller under this act may be signed by a patent agent authorised in writing in this behalf by the person concerned sub8criptlonand veri1lc:atlonof certaln documents by patent  agents '  (2) the following documents, namely,-20  (i) applications for patents; (ii) applications for the restoration of lapsed patents; (iii) applications for the sealing of patents after the time allowed for that purpose by or under sub-section (2) of section 43 has expired; 2s -''(iv) applications for leave to amend; (v) applications for compulsory licences or for revocation; and (vi) notices of surrender of patents shall be' signed and verified in the manner prescribed by the person 30 making such applications or giving such notices: provided that if such person is absent from india, they may be signed and verified on his behalf by a patent agent authorised by him in writing in that behalf lh (1) no person, either alone or in partnership with any other restricperson, shall practise, describe or hold himself -out as a patent agent,· tions on ---:jr permit himself to be so described or held out, unless he is regis- practice tered   as patent as a patent agent or, as the case may de, unless he 8nd all his agents s partners are so registered (2) no company or other body corporate sh::th prac1:ise, describe itself or hold itself out as patent agents or permit itself to be so described or held out explanation-for the purposes of this section, practise as patent lo';;c~,,"lit includes any of the following acts, namely:-(a) applying for or obtaining patents in india or elsewhere; (b) preparing specifications or other documents for the purposes of this act or of the patent law of any other country; (e) giving advice other than of a scientific or technical na-i, ture as to the validity of patents or their infringement  130 (1) the central government may remove the name of any removal perron from the register when it is satisfied, after giving that person tro~ a reasonable opportunity of being heard and after such further in- re~~ of quiry, if any, as it thinks flt to make-!:nts and alto-~o (i) that his name has been entered in the register by error or ration on account of misrepresentation or suppression of material fact; (ii) that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in i his professional capacity which in the opinion of the central '-s government renders him unfit to be kept in  the register ~ (2) the central government may, on application and on stdlicient cause being shown restore to the register the name of any person removed therefrom 131 (1) subject to any rules made in this beh!llf, the controller power of may refuse to recognise as agent in respect of any business under this cont;?~er ~ ~~~ '\ct-~deal  (a) any individual whose name has been removed from, end wi~ not restored to, the register, or who is for the time being sus- :;:nts pended from acting as a patent agent; 1261 (b) ls-ll (b) any person who has been convicted of an offenee under section 123; ------_ -----_  __  -  (c) any person, not being registered as a patent agent, who in the opinion of the controller is engaged wholly or mainly in acting as agent in applying for patents in india or elsewhere in s the name or for the benefit of the person by whom he is employed; (d) any company or firm, if any person whqill the controller could refuse to recognise as agent in respect of any business under this act, is acting as a director or manager of the company or is a partner in the firm 10 (2) the controller sha1t"11!fuse to recognise as agent in respect of any business under this act any person who neither resides nor has a place of business in india 132 nothing in this chapter shall be deemed to prohibit-(a) the applicant for a patent or any person, not being a 15 patent agent, who is dulyeuthorised by the applicant from drafting any specification or appearing or aoting' before the controlle~; or savings in respect of other persons authorised to act as agents (b) an advoc~te, not being a patent agent, from ,taking part in any proceedings under this act otherwise than by way of draft- 20 ing·· any specification  chapter xxii international arrangementsnotification as to convention countries 30 133 (1) with a view to the fulfilment of a treaty, convention or arrangement with any country outside india which affords to appli- 25 cants for patents in india or to· citizens of india similar privileges as are granted to its own citizens in respect of the grant of patents end the protection of patent rights, the central government may, by notification in the offtcial gazette, declare such eountry to be a een~­tion country for the purposes of this act   (2) a declaration under sub-section (1) may be made for the pur  poses either of all or of some only of the provisions of this act,· and a country in the case of which a declaration made for the purposes of some only of the provisions of this act is in force shall be deemed to be a conventdon country for the purposes of those provisions only notiftes-134 where any country specified by the central government m tion al to this behalf by notification in the official gazette does not accord to countrlel citizens of india the same rights in respect of the grant of pltents and ~tpro; vldmglor the protection of patent rights as it accor~ to its own nationals, ;qo  reciprocity national of such couiltry ~hall be entitled, either solely or jointly with any other person,-__ __ __ s (a) to apply for the grant of a patent or be-registerecfu the proprietor of a patent; (b) to be registered as the assignee of the proprietor of a patent; or (e) to apply for a licence or hold any licence under a patent granted under this act 135 (1) without prejudice to the provisions contained in section tonvent1on 10 6, where a person has made an application for a patent in resped of appliea  an invention in a convention country -(hereinafter referred to as the tiona "basic application"), and that person or the legal representative or assignee of that person makes an application under this act for a patent within twelve months after the date on which the basic ap-is pucation was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application expzanation~ere 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-section shall be reckoned from the date on which the earlier or earliest of the said applications was made (2) where applications for protection have been made in one or more convention countries in respect of two or more inventions 2s which are coguate or of which one is a modiflcation of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection: 30 provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the -said inventions, and the requirements of clause (b) of ~b-section (1) of secwon 136 shall', in the case of any such application, apply sepamtely to the applications for protection 35 m respect of each of the said inventions 136 (1) every convention application shall-special (a) be accompanied by a complete specification; and provisions-40 (b) specify the date on which and the convention country relatingto 1· ti fi te ti th be convention in which the app lca on  or pro 0 on, or, as e case may 'applieathe first of such apphcabons was made; and tions , (e) state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derive8 title (2) subject to th~_ provisions _co~tainedjnsectiod 10 a complete ___ _ specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in res-s 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 6 to make a separate application for a patent (3) a convention application shall not be post-dated under sub- 10 section (1) of section 17 to a date later than the date on which under the provisions of this act the application could have beed'made multiple priorities 137 (1) where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, is one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications 20 supplementary provisions as to eonvention 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 whidl that matter was flat so disclosed (3) }t'or the purposes of this act, a matter shall be deemed to 2s have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior act) in that application, or any documents submitted by the applicant for protection in support of flild at the same time as that application, but no account 30 shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application 138 (1) where a convention applictition ~s made in accordance 3s with the provisions of this chapter, the applicant shall furnish, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country in which the basic appucation was made; certified by the official chief or head of the patent 40 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 p&iod as the controller may on good cause allow (2) h any such specification or other documen\ 18 in a foreign language, a translation into english of the specification or document verified by affidavit -or otherwise --to -the-satisfaction-of -the -control- --------let, shall be annexed to the specification or document 5 (3) for the purposes of this act, the date on which an application was made in a convention country is such date as the controller is satisfied, by certificate of the official chief or head of the patent omce of the convention country or otherwise, is the date on which the application was made in that convention country 10 139 save as otherwise provided in this chapter, all the prov~!o~ other proof this act shall apply in relation to a convention application and visions of a patent granted in pursuance -thereof as they apply in relation to ~p~l~ to an ordinary application 'and a patent granted in pursuance thereof convention applications  chapter xxiii miscellaneous15 j 40 (1) it shall not be lawful to insertlvoidance  ot certain (i) in any contract for or in relation to the sale' or lease of restrictive a patented article or an article made by a patented process;dr conditions (ii) 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-(4) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or ·his nominees, any article other than the patented article or an article other than that made by the patented process; or i ao (b) to prohibit the purchaser, lessee or licensee from using, or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the vendor, lessor or licensor or his nominee; or (c) to prohibit the purchaser, lessee or licensee from using, or to restrict any· member or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process; and any such condition shall be void (2) a condition of the nature referred to in clause (a) or clause (b) or clause (c) of sub-section (1) shall not cease to be a condition 5 falling within that sub-section merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process  (3) in proceedingf~t any person for the infringement of 10 a patent, it shall be a debence to prove that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section: provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of ~he 15 court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied (4) nothing in this section shall-(a) affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular 20 person; (b) validate a contract which, but for this section, would be invalid; (c) affect a condition in a contract for the lease of, or licence to use, a patented article, by which the lessor or licensor 25 reserves to himself or his nominee the right to supply such new parts of the patented article as may be required or to put or keep it in repair - (5) the provisions of this section shall also apply to contracts made before the commencement of this act iof, and in so far as~ any 30 restrictive conditions declared unlawful by this section continue in force after the expiration of three months from such commencement determi-dation of certain contracts 141 (1) any contract for the sale or lease of a patented article or for lieence to manufacture, use or work a patented article or 35 process, or relating to any such sale, lease or licence, whether made before or after the commencement of this act, may at any time after the patent or all the patents by which the articles or process was " protected at the time of the making of' the contract bes or have ceased to be in force, and notwithstanding anything to--thecontrary -------in the contract or in any other contract, be determined by the purchaser, lessee, or licensee, as the case may be, of the patent on giving s three months notice in writ~g to the other party (2) the provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from thii 'section 142 (1) there shall ~d in respect of the grant of patents fees 10 and applications therefor, and in respect of other matters in relation to the grant of patents under this act, such fees as may be prescribed by the central government (2) where a fee is payable in respect of the doing of an act by the controller, the controller shall not do that act until the fee has is been paid (3) where a fee is payable in respect of the filing of a document at the patent office, the document shall be deemed not to have been flied at the office until the fee has been paid (4) where a principal patent is granted later than two years 20 from the date of the application for patent, the fees which have become due in the meantime may be paid within a term of three months from the date of the recordal of the patent in the register _143 subject to the provisions of chapter vii, an applica~on restric-0_: for a patent, and any specification filed in pursuance thereof, shall tions upon 2s not, except with the consent of the applicant, be pubii~hed by the publica_ controller or be open to public inspection at any time before the tlion?t date of advertisement of acceptance o of the application in pursuance s~ciftcaf ti 23 tions o sec on  144 the reports of examiners to the controller under this act lteportb 30 shall not be open to public inspection or be published by the con- of exatroller; and such reports shall not be liable to production or inspec- miners tion in any legal proceeding unless the court certifies that tire pro- to be duction or inspection' is desirable in the interests of justice, and ought conftdej», tiai to be allowed: 3s provided that the conltroller may, on application made in the prescribed manner, by any person, disclose the result of any search made under section 13 in respectol any application for a patent wbert: ule' complete specification has been published publication 145 the controller shall issue periodically a publ1cation of patof patenented inventiqns containing _suc~jnformation __ as _the central gov- ____ _ ted inven- emment may direct tiona power of controller to call for informationfrom patentees 148 the controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, s exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in india as may be speci~_~n the notice 10 (!:vidence 147 (1) a certificate purporting to be signed by the controller ~~:=~~ia as to any entry, matter or thing which he is authorised by this a~t etc or any rules made thereunder to make or do, shall be prima fclcle evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or ~mitted to be done i, (z) a copy of any entry in any register or of any document kept in 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 20 or production of the original (3) the controller or any other officer of the patent otftce 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 certifted 2s 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 declaration by infant lunatic, etc 148 (1) if any person is, by reason of minority lunacy or other disability, incapable of making any statement or doing anything re- 30 quired orpermitted by or undw this act, the lawful guardian, committee or manager (if any) of the person subject to the disability, 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 disa bili ty' (2) an appointment may be made by the court for the purposes 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 40 in the making of the statement or the doing of the thing 149 any notice required or authorised to be given by or under i'!rvlce th's act, and any -application -or -other -document so authorised or of doticet, required to be made or filed, may be given, made or filed by post etc, by post 150 if any party by whom notice of any opposition is given under security , this act or by whom application is made to the controller for the for costa grant of a licence under a patent neither resides nor carries on business in india, the controller may require him to give security for the costs of the proceedings, and in defaujt of such security being given may treat the opposition or application as abandoned 10 151 (1) every order of the high court on a petition for revoca- ~ans;u--tion, including orders granting certificates of validity of any claim, :~~~;s of shall be transmitted by the high court to the controller who shall courts to cause an entry thereof and reference thereto to be made in the controuer register is (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 transm~t 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 (1) and (2) shall elso apply ,to the court to which appeals are preferred against decisions of the courts referred to in those sub-sections 25 152 copies of all such specifications, drawin~s and amendments 'rranlmlsleft at the patent office as become oden to public inspection under sio~ of f the provisions of this act, sh3ll be t~ansmitted, as soon as may be, :::c~:coa_ after the printed copies thereof are avaihble, to such authorities tions, etc, as the centraj government may appoint in this behalf, and shall be and inspec-30 open to the in-:;p~ction of any person at all re~'ionable times at places tion eot to be specified by those authorities and with the approval of the ther -central government 153 a person makin~ a r€'quest to the controuer in the prescrib- informaed manner for information relating to atly such matters as may be ~on reld-35 prescribed as re~pects any patent specified in the request or as res- m:e tots pects any application for a patent so specified shall be entitled, sub- pa n  ject to the payment of the prescribed fee, to have infonnat:on supplied to him accordingly 154 if a patent is lost or destroyed, or its non-production is ac- lou or 40 counted for to the satisf::tctjon of the controller, the controller may destruction at any time, on application made in the prescribed manner and on of patent 1261 (b) ls-12 payment of the prescribed fee, cause a duplicate thereof to be sealed and d~liy~red~tbuppucan~____   ___ _  __ 155 the central government shall cause to be placed before both houses of parliament once a year a report respecting the execution of this act by or under the controller , 158 subject to the other provisions contained in this act, a patent  shall have to all intents the like effect as against government as it -~ has against any person report, of  controller to be placed before parliament patent 10 bind government 157 nothing in this act shall affect the power of the government or of any person, deriving title d~rectly or indirectly from the 10 government to sell or use any articles forfeited under any law for the time being in force rl,ht ot govemmentto hll or ule forfeited vtl ci- 158 the high court may make rules consistent with this act as to the conduct and procedure in respect of all proceedings before it under this act' is  power of high cnurts to make rul  159 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act power 01 central_ govem- ment to malte rul  (2) without prejudfce to the generality of the foregoing power, the central government may make rules to provide for all or any of the following matters, namely:-20 (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office; (ii) the time within which any act or thing may be done under this act, including the manner in which and the time 2s within which any matter may be advertised under this act; (iii) the fees which may be payable under this act and the manner of payment of such fepcj: (iv) the matters in respect of which the examiner moy make a report to the controller; 30 (,,) the form of request for the aealinl of a patent (vi) the form and manner in which and the time within which any notice may be gi veji-wiaer-uus-act; ----(vii) the provisions which may be inserted in an order for s restoration of a palent for the protection of persons who may have availed themselves of the subject-matter of the patent after \he patent had ceased; (viii) the establishment of branch offices of the patent oftice and the regulation generally of the business of the patent office, 10 including its branch offices; (i'r) the maintenance of the register of patents and the matters to be entered therein; (x) the matters in respect of which the controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this act; (xii) the qualifications of, and the preparation of a roll of scientific advisers for the purpose of section 115; 20 (xiii) the form and manner in which appeals from the orders decisions or directions of the controller may be preferred to the central government, the procedure to be followed in connection therewith and the manner in which such appeals may be heard and disposed of by the centr~ government; (riv) the manner in which any compensation for acquisition by government of an invention may be paid; 30 (xu) the manner in which the register of patent agents ma), be maintained; the conduct of qualifying examinations for patent agents; and matters conaected with their practice and conduct, jncluding the taking of disciplinary procedings against patent agents for misconduct; (xvi) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other· documents; 3, (xvii) any other matter which has to be or may be preac:ribed  ;, (3) the power to make rules under th!s section shall be subject to the condition of the rules being made after previous pubhcatioh ----------------- ---rul81 to be placed before parlia-dent 180 e~ry rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is~'1 , session for a total p~riod of thirty days which may be comprised il1 one seiiion or in two successive sessions, and, if before the expiry of the session in wh:ch it is so laid or in the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shrl] 10 therea!ter have effect only in such modified form or be of no effect, as the case mjy be; so, however, that any such modification or annulment shall be wi~hout prejudice to the validity of anything previously done under that rule 161 (1) where, as as result of action taken by the controller 15 under section 12 of the atomic energy act, 1948, or under section 20 =~ 0; :::~ of the atomic energy act 1962 an application for a patent made 0 special provaioill with respect to certain applications deemed to have been refused under act 20f 1911 be~ore the commencement o~ this act could not be accepted within the tjme specified for the purpose in the indian patents and de~igns act, 1911 (hereafter in this section referred to as the repealed 20 2 of 1911 act), and, consequently, was deemed to have been refused by re3son 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 a request in that behalf to the controller in the prescribed manner within three months from the commencement of this act be revived 2s 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-~ection (1), refer the matter to the 30 central gove:tnment for directions as to whether the invention is one relating to atomic energy and shall act in conformity with the directions issued by it (3) where in pursuance of any such application as is referred to in sub-section (1) a patent is granted, the rights of the patentee shall 3' 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 avall themselves of, the patented invention before the date of advertisement of the acceptance of the complete speculeatioll 40 (4) no suit or other proceeding shall be commenced or proseeuted in respect of an infringement of a patent committed before the date of -advertisement-of -the -acceptance-of the complete specification 162 (1) the indian patents and designs act, 1911, in so far as it repeal 5 relates to patents is hereby repealed, that is to say, the said act shall of act 2 be amended in the maner specified in the schedule o1fl911 in so ar (2) notwithstanding the repeal of the indian patents and designs :~: act, 1911, in so far as it r~lates to patents, the provisions of section to 21a of that act and of any rules made thereunder shall continue to patentl 10 apply in relation to any "pcrl:ebt granted before the commencement and of this act in pursuance of that section lavinp (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 there-is on and to any patent granted in pursuance thereof (4) the mention of particular matters in this section shall not prejuclce the general application of the general clauses act, 1897, with respect to repeals 10 ot 1897 -- 163  in sub-section (1) of :t1ection 4 of the trade and merchandise amend-2 of 1911 20 marks act, 1958, the words and figures "and the controller of patents ment of and designs for the purposes of the indian patents and designs act, :9~~3 of 1911" shall be omitted  amendments to the indian patents and designs act, 19111 long title--omit "inventions and" 2 preamble--omit "mventlons and" 5 3 section i-in sub-section (1) omit "indian patents and" 4 section 2-(a) omit clause (1); (b) in clause (2) omit" (as respects designs)"; (c) for clause (3), substitute-10 '(3) "controller" means the controller general of patents, designs and trade marks appointed udcicr subsection (1) of section 2 of the trade and merchandise marks ad 1958"; 1': 43 of 1958 (d) in clause (5) for "trade mark as defined in section is 478", substitute "trade mark as defined in clause (17) of subsection (1) of section 2 of the trade and merchandise marks a -t, 1958",' na,; 43 of 1958 (e) omit clause  (6) ; (1) in clause (7), after sub~lause (e) insert-20 "(f) in relation to the union territories of dadra and nagar havel! and goa, daman and diu, the fugh court 01 ~mbay; (g) in relation to the union territory of pondicherry, the high court of madras;"; 25 (g) omit clauses (8), (10) elm (11); (h) for clause (12), substitute-'(12) "patent office" means the patent office established under the patents act, 1965'   omit pan l 30  6 for section sib, lubstttut_"51b a registereddeiignshall have to all intents the like deli  effect as against government as it has against any persod and to bind the provisions of chapter xvii of the patents act, 1965, ihall gov-5 apply to registered designs as they apply to patents" ammant 7 in sectfon 54, for "the provisions of this act", 5 substitute "'n1e provision of the patents act, 1965" ' 8 omit sections 55 and 56 9 section 57-for sub-section (1) i substitute-10 (1) there shall be paid in respect of the regist,ration of designs and applications therefor and in respect of other matters relating to designs under this act such fees as may be prescribed by the central government" 10 omit section 59a '" 11 section 61-omit sub-section' (1) 12 for section 62, substitute-20 "62 tl'ie controller'may, on request in writing accompanied pnw~ by the prescribed fee, corect any clerical error' in the repre- ~~ntrol­sentation of a design or in the name or address of the :pro- ler to prietor of any design or in any other matter which is entered correct upon the register of designs" clerical 13 section 63-(a) in sub-section (1), omit "to a patent or" and "patent or"; (b) in sub-section (2), omit "patent or" and for "patedta i)r designs, as the case may be" substitute "designs,";  (c) in sub-section (3), omit "patent or" wherever that expre~sion, occl:1rs;' ',  ,  (d) in sub-section (4), omit '~o a patent or" 14 section m-30 (a) in sub-section (1), omit "patents or'''' and omlt-"either" wherever that word occurs;  (b) in sub-section (5), omit clause (a) 15 omit section 66~ 16 section 67~t "for a patent, or for amendment of an 35 appllcatiol1 qr of a jpecification, or" 17 section 69-1n lub-aectlon (1), omit "to ii'8nt a patent for an invention or" 18 section 71a-omit "or from patents, speciftcations and other" 19 omit section 72 20 omit sections 74a and 75 21 section 78-(a) in sub-section (1), omit "other"; (b) in sub-section (2), in clause (c), omit "opponent" 22 section 77-(a) in subsection (1)-(i) in clauses (e) and (d), omit "speciftcations,"; (ii) for clause (e), substitute-u (e) providing for the inspection of documents in the patent office and for the manner in which they may be published;"; is (iii) omit clause (eee): (b) omit sub-section (2a) 23 omit section 78 24 for section 78a, lubstitute--"78a (1) any person who has applied for protection for any 20 design in the united kingdom or his legal reprefjentativ'? or assignee shall, either alone or j(lintly with any other perso~ be entitled to claim that the registration of the said desimt under this act shall be in priority to other applicants and shan have the same date as the date of the application in the united king- 2 s dom: provided that-recipro_ cal arrangement with united kingdom and other commonwealth 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 30 of the design to recover damages for infringements hatloening prfor to the actual date on which the design is registerf!d in india (2) the rejiltration of a design shall not be invalidated by __ --mason only -of the exhibition or use of, or the publication of a description or representation of, the design in india during the periodspeculed in this section as that within which the appli-s cation may be made (3) the application for the registration of a dealp undel' this section must be made in the same manner as an ordinary application under this act (4) where- it is made to appear to the central government 10 that the legislature of any such commonwealth country as may be notified by the central government in this behalf haa made satisfactory provision for the protection of designs registered in india, the central government may, by notification in the ofticial gazette, direct that the provisions of this section, with is such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in that commonwealth country" 25 omit the schedule  ! the law relatin, to patents now on the statute book was enacted ' • 1911 :tmd ··since then· then!  have been aubstantial·chanaes in the politiaal add·economic ·conditions gl the country  although the act bas been in force for a very long period, ·1thu ngt· aclueved its ma:n purpose of stimulating inventions among indians and encourag- he developm~uldexploitation of new lnv_tiens for in~u»­bial -propess -in this -eountry the need for;a·more, eomprehensh-e  '10 u to edlw!etaat, patent rights ure 'dot !worked ito the dctrildent ·of ·the· consumer or ,to the prejudice oltlte' trade -or the lddustr!aldevelopment ~of the country was felt &bearly' las 1948 ad in fhat year the gowrdjdant appointed a committee  known· as the patents :enquiry  committee· to review the  working ~f the patents win  mma ',with :a new to ensure that the, pateat ~ 1iecame more conducive -to national interests anidbtltim ·nport : of that committe~ made in 1949 suggested the immediate amendment c£ the indian patents and designs act, 1911, 10 as to eounteract the misuse or abuse of patent monopoly in india by the enactment of provisions for compulsory licenslag the recommendations cantaineciin that interim report were gi,·en effect to by the indian patents and designs (amendment) act, 1950 the final report of the committee vas presented to government in 1950, and based on the final report a bill further to amend the indian patents and designs act, 1911, was introduced in the lok sabha on the 7th december, 1953 while the bill was pending, a further examination of the law revealed that the bill would need extensive amendments and consequently tt w83 not proceeded with and was allowed to lapse on the dissolution of the first lok sabha 2 in 1957, the government of india requested shri n rajagopala ayyangar, now a retired judge of the supreme court, to examine afresh the law of patents in india and advise the government on the changes necessary the present bill which 11 based mainly on the recommendat!ods contained in his comprehensive report, incorporates a few further changes in the light of further examinacon particularly with reference to patents for food, medicines and drugs - ,  - :   3 the notes of clauaes explain tn detail the various proviliona conta!ded in the bill -, , 'f() new dmm; t n singh the: 18i spt~, 11u  president's recommendation under article' it7 0, the' constitt1'p'lt')m of india[copy of letter no 14(l)-tmp/64-p&d, dated the 7th s~tem;' ber, 1965 from 8hri t n singh, minister of industry in the ministry of industry and supply to the secretary, lok sabha] the pt'esid~nt having been informed of the subject matter (1f tm proposed; patet'tts 'bill, 1965, recommends consideration of the bid in the -lok sabhe under- art!cle 117 (3) 01 the constitution of incha c14u1e 2-the definition of 'invention' in the existing act has been modified so as to represent more accurately the existing position as defined by case-law several new definitions have also beed included for example, a definition of 'person' has been included in order to remove any doubt as to whether it includes the government a definition of 'government undertaking' has become necessary in view of the occurrence of this expression in several places in the bill in the new definition of 'true-• first inventor' it is made clear that it does not include the first importer of the invention and the first communicatee from abrcgd clause 3-ln 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-avallability 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 section 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 underdeveloped country like india to grant patents in respect of the substances themselves but there is no such objedion in relation to the processes involved this clause accordingly restricts patentability to the processes involved in the manufacture or production of such substances clause 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 act, 1952 and section 1 of the uk patents act, 1949, by expressly including assignees, legal representatives, etc, 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 clause 8-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 alre·ad,y been applied for in a foreign country, this clause seeks 'to ensure that all relevant info'rmation as respects such forejgn invention is made available to th'e controller for the purpose of dis posing of questions relating to novelty of invention, patentability,-etc clause 9-this clause replaces section 4a of the existing act the increase in the timre 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 lo-this clause dealing with contents of specifications corresponds to section 4 of the existing act &-at- :has been amplified in the light of section 4 of the uk patents act, 1949 clause h-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 pabmts act, 1949, and sections 44 and 45 of the australian patents act, 1952, but its scope is enlarged in ord'er 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 spreciftc provision requiring the controller to make a compulsory search for ascertaining the novelty of an invention before ita acceptance these clauses make it obligatory for searches to be made by the patent office in respect of all patent applications anticipation by publication is not to be confined to p~biication 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 thre 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 the cases or circumstances in which an application for patent may be refused by the controller clauses 16 to 20-apart from the power to refuse an application, these clauses deal with ~he powers of the controller to pass other suitable orders under clause 16, where an application and the claims based _ '  thereon relate to more than one invention, the controller mlly 'allow the applicant to amend the complete specification by confining it to a liingle invention clause 17 deala with the powel'l of the codtroder tol" the purpose _ of poat-c:lating applications clause, 18· deals with th~ powers of the controller_ulcases_ of anticipation clause 19 deals with the powers of the controller in cal!' where an invention cannot be performed without risk of infringement of lome claim of an earlier patent clause 20 deals with cases where substitution in the names of appucants becomes necessary ' cla1&ae 21-this clause provides for the maximum rmit of t:m: within which an application or a complete -npecification should be accepted if the application is not to be regarded as ab3ndoned as the subject-matter in all -these cases is the complete spl!c'fica~io'\, time should commence to run from the date of the complete sped !ication and not from the date of the application as under section 3 (4) of the existing act it would also be n'!cesnry to pt'ovid! frr further extension of time where delay takes place in thc! office of the controller by reason of the investigat:ons to be m!lde by the examiner sub-clause (2) contains the necessary provisions in this behalf clause 22- makes provisions similar to those contained in seetloa !~hl) of the uk patents act, 19(9, as respects t~eptance of completp specification clause 23 deals with advertisement of acceptance of the eomplete specification and replaces section 6 of the existing act clnuse 24-thiseorrespondlj to section 7 of the exis4:fng act except that the rights and orivileres of the applicant commence not from the date of the acceptance of the apolication as in the exi~ting act" but' from- the date of the acceptance of the complete speciftcation clause 25-this clause purports to reta'n the existing proeerjure for opp,osition to the grant of pat-ents as being npcessary in the pubuc interest, at the same time enlarloting the grounds for opposition men· tioned in section 9 of the existing act clause 26 deals with lues of 'obtaining' which are broujdtt to light in opposition proceedings and seeks to authoris·e the controller to deal suitably with the opponent's claim in such ,eases clause 27-this clause, modelled on section 15 of the uk patents act 1949 would be urful where an"icip'ltorv pub1icatin"~ are brought to the- notfeeof the controller without the jnformant'rums - fonnai' oppolltioll to the- srmt, ,clause -28-this clause seeks to give recognition to the tight of the first inventor to be mentioned 1jl the p~~nt,~_~~ __ so_~e~ire~~ althoughhe may have parted with his proprietary interest therein clauses 29 to 34 seek to affol'd guidance to the contl'oller in determining what constitutes anticipation under the ojler provilions 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 subject matter ot applications for patents are in the m,tere)ts of national security kept secret any secrecy orders passed by the controller in respec~ of such inventions are to be notdied to the centra! government and are to be periodically reviewed though applications which are subje:t to secrecy directions may proce~d up to the stage of acceptance they may not be advertiaed 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 control· ler apply for a patent outside india unlesj an application for patent for the same invention has hejl made in india not less ,than eight weeks before the application outside india and either no secrecy ciirectioqs have been made in india or such directions have been rev:oked any contravention of secrecy directions will, apart from any criminal liability, render the applicant ineligible to proceed with the appli::ation payment by way of solatium is also provided for an applicant who may suffer hardship by reason of any secrecy airections clause 43-this clause  seeks to replace "~d lo of the exlitijii act in a modified form incidentally it removes the overall time limit specified in section 10 (2) ~or the sealing of a patent ,as ~g too shor~ and unnecessary clause 45-this clause replaces section 11 of the existing act and makes uje date of filing of the complete specification the date of the patent and not the da:e of th'e application as in the existing a~t [compare section 22 (1) of the uk patents act 1949 and ,section 67 (1) of the australian patents act, 1952] clause 46 replaces sec!ion 12 of ule ex~sting ai:t relating tq the effact, extent and form of patent in a modified form clause 47 seeks to _ 4efide i1lclejr ~ ~e rights of :a patentee, rights whlch have at present ~o qe determined with re'ference to decided cases in the case o~ a patent for a process it is aught to b~ made clear that the patentee has the exclusive right to the sale in india of articles made by the patel1tec;l  p~oceu ,sw:h'~;provjdod would be advantaae to indian patentee- c14ure 48 is intended to clarify the rights of research workers wurkers and the like to use the invention in the course of research 2bl distinguished ,from· use for couunerciai-purposes: ·-it -aiso-seeksto--' provide that import of medicines or drugs or medical equipment by government for its own purpose or the production of a patented article by government for its own use shall not be regarded as an infringement of patent rights clause 49 replaces section 42 of the existing act and at the aame time seeks to ensure reciprocity clause 50-this clause which is in medifieation of section 37 of the existing act, seeks to definite the rigts inter se of joint patentees and follows section 54 of the uk patents act, 1949 in addition to cases where a patent has been granted to two or more persons, this clause also covers cases where registered ownership in a patent has arisen by assignment or devolution clause 51 modelled on section 55 of the uk patents act, 1949, seeks to authorise the controller to give directions to co-owners with respect to the exercise of their rights wherever necessary clause 52 seeks to replace section 13 (2) of the existing act and provides for cases where patents have to be reyoked in favour of the true and first inventor clause 53 seeks to replace section 14 of the existing act with suitable modifications the term of every patent hereafter would be 14 years and not 16 ye·ars as hithertofore; but in the case of patents in the field of baby and invalid foods, medicines and drugs, where the process alone will hereafter be patentable, the term will be 10 years the term of existing patents in this field would be limited to 10 years from the date of the patent clauses 54, 55 and 56-modelled on section 26 of the uk patents act, 1949, these clauses considerably modify section 15a of the existing act dealing with the grant of patents of addition in respect of improvements and modifications cl4uaea 57 to 59 deal with amendments of complete apeetftcat!~ns before the controller and before the high court and comes pond to sections 29 to 31 of the uk patents act, 1949 the scope of permissible amendments before and after acceptance of a complete speclflcation is dealt with in clause 59 it is sought to be made clear that tqe scope of permissible amendments after acceptance of the completespecifleation 'cannot be wider or 1arie!ll" than that of an un:'" emended specification '   '  clauses 60 to 62 replace section 16 of the existing act and seek to d~al more ~laborately with restoration in certain circumstances of  lapsed patents- and theproredure-to'-befollowed and the conditions which may be imposed in connection with such restorations clau8e 63 deals with voluntary surrender of patents it is now provided that in addition to the offer of surender being advertised all persons interested ill the patent should be notified and their opposition, h any, considered before the surrender is accepted cl4uae 64 deals with revocation of patents and replaces secttod 26 of the existing act it j~ now proposed that proceedings for revocation 'should lie only in the high ctmk:" the grounds for revocation are now amplified in the light of experience gained and prevailing conditions under this clause it would be open to any person interested and also to the central government to apply {or revocation clause 65 is new and seeks to empower the controller to revoke a patent or to have the complete specification amended where the invention relates to atomic energy clause 66-this reproduces section 25 of the existing act with suitable safeguards and is a useful provision for the furtherance of the country's national economy clause 67 seeks to provide for the maintenance of a patent register and the particulars to be entered therein clause 68 seeks to provide that every transaction relating to patents which is registrable should be entered in the register as soon as possible after the transaction is entered into at present while patent registers furnish complete information as regards proprietary interests, the same cannot be said of licences and other interes~ 1_ i clauses 69 and 70 deal with the registration ot proprietary interests in patentsand the power of regtstered grantees or proprietors to deal with such patents  clause 71 seeks to provide for the rectification of registers by the high court clause 72 seeks to declare that the register shall be open to public inspection clauses 73 to 76 deal with the establishment oc g patent office clause 75 which is new seeks to disqualify employees of the patent office from acquiring any interest in patents excepti by way of inherl-1261 (b) ls-14 tance or bequest clause 76, which is also new, requires the employees of the "patent ofticerupon-pain·of punishment) to observe secrecy in respect of confidential information and documents to whichtheimay have access in the discharge of their duties czaue, 77 to 81 deal with the general powers of the controller and their exercise the powers include a power to correct clerical errors in patents or in specifications or in other documents or m the register clause 82 contains certain special definitions for the purposes of chapter xvi it has to be made clear that a -~ee includes an exclusive licensee who has the sole right to grant a sub-licence clause 83 seeks to emphasize- as does clause 94 from another aspect that the main purpose for which a patent is granted is to have the invention worked in this country to its advantage clauses 84 and 85 deal with the grant of compulsory licences where a complaint is made that the patent has not been worked in such a manner as to satisfy the reasonable requirements of the public, and are in amplification of the provisions contained in section 22 of the existing act clause 86 replaces sections 23a and 23b of the existing act as in the existing act, the right to apply for endorsement of patents with the words "licences of right" is confined to the central government as "persons interested" in working the invention might not desire that other persons besides themselves should also haye the right to obtain licences clause 87 is new and provides that patents in the field of drugs, medicines or baby and invalid foods and chemical inventions shall be deemed to be endorsed with the words "licences of right" the royalty payable under any compulsory licence, if granted hereafter in respect of such substances other than chemical processes is sought to be regulated by clause 88 suita·ble provisions are also being made to enable an applicant for a licence jo work the invention pending determination of the royalty these provisions are intended to secure the proper development of the drug and chemical industries in the country clause 89 seeks to vest a residuary poyver in the controller to revoke a patent in the event of the invention not being worked to an adequate extent in the country, rotwithstanding the compulsory licensing provision, etc such a provision will also have the indirect eftect of inducing patentees to impart to licensees sufficient detaill as to the know-how for working inventions czluue 90 seeks to define what is meant by the expression ''reasonable requirements of the public have not been satisfted" for the purposes-of-th~precedingclauses in_the _cqnt~lc1_qf_~n under-4eveloped country like india clause 91 seeks to empower the controller to adjourn any proceeding under this chapter for a period not exceeding 12 months so as to cover cases where it is sought to be shown ilhat the time between the sealing of a patent and the application under this chapter is not suftlcient to enable the patentee to work the invention to an adequate extent clauses 92 and 93 deal with the procedure to be followed and the powers of the controller in relation t'nhe grant of compulsory ucences t ~ i clause 94 seeks to formulate certain general principles for the guidance of the controller in granting compulsory licences clause 95 seeks to regulate the terms and conditions which may be imposed in respect of compulsory licences except where the central government has otherw·ise directed, the import of a patented article cannot be permitted under the guise of a compulsory licence clause 96 is intended to prevent the abuse of patent monopolies for blocking purposes and to facilitate the working of related patents: i clause 97 seeks to replace sub-section (4) of section 23cc of the existing act clause 99-for governmental purposes, the use of a patent by a government undertaking is really equivalent to governmental use in addition, the powers sought to be conferred by this chapter may have to be invoked in ,relation to certain classes of under1aldngs in the private sector which may be notifted for this purpose by the central government the expression use of invention far the purposes of government is being suitably defined to cover all such cases -,"'! clauses 100 andtol seek to regulate t11e use of inventions for the purposes of government and the rights of third parties in relation thereto the authority to authorise the use of any invention would be the central government, but the purposes for which en invention ·may be used would include the purposes of a state government, government undertaking, etc clause 102 would be useful to enable the central government to acquire an invention in certain circumstances, as for example, where it would be economical to acquire the patent instead of obtaining compulsory licences in respect thereof czczule 103-j'urisdiction is sought to be vested in the high court to decide disputes relating to the use of any invention for the purposes of c:;overnment --------- - --clczuse 104-while suits for declaration, infringements, etc, may be brought before the district court as under section 29 of the exllting &t, jurisdiction to hear petitions for revocation of patents which will have effect beyond the parties to the proceedings is given only to the high court under clause 64 clause 105 is patterned on section 66 of the uk patents act, 1949, and seeks to expressly authorise the court to grant declaratory decrees as to non-infringement even where the defendant has dot denied the right of the plaintiff or has not asserted any adverse right in himself  czaube 106 seeks to replace section 36 of the existing act and provides for a remedy in case of grourdless threat of legal proceedings , -" , -, ""'7"f"w --cla1l8e 107-based on section 32 (4) of the uk patents act 1949, this clause seeks to provide that the grounds on which a patent may be revoked would be available as grounds of defence to an action for infringement clause 108 provides for reliefs which may be granted in a suit· for infringement, the acts constituting infringement being determined w·ith reference to clause 47 and the terms of the patent clauaes 109 and 110 deal with the rights of exclusive licensees and licensees under section 84 to take proceedings against infringement clauses 111 and 112 seek to replace section 30 of the existing act and restrict the power of the court to grant dramages, 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 petitions  for revocation where any such certifioate has been granted, this clause seeks to regulate the costs in suits for infringement where a ma1ter is taken to an appellate court by the patentee, the attack on the validity of the claim cannot be said to be frivolous and therefore sub-clause (3) does not vest any such power as to costs in the appellate court clause 114 modelled on section 62 of the uk patents act, 1949, seeks to replace section 35a of the existing act relating to infrin~e­ment ot partially valid specificatiom clause 115-section 35 of the existing act provides for the hearing of suits under that act with the aid at assessors this clause --seeks -to -set out in more precise terms the type of persons to be appointed, their functions, remuneration, etc clause 116 seeks to provide for appeals from orders of the controller in this connection, it is desirable to provide expressly that no appeal shall lie from decisions and orders of the central government on the lines of section 109(1) of the trade and merchandise marks act, 1958 clause 117 seeks to lay down the procedure for the hearing of appeals it is in modification of the provisions contained in ,ectiol!, 23g of the existing act and follows section 109(4) and (5) of the trade and merchandise marks act, 1958 clauses 118 to 124 seek to provide for the punishment of offences under the new law the existing act does not contain adequate drovisions in this bebalf, the only penalty provided therein (section '7~) being in respect of the wrongful use of the words "patent oftlce" clauses 125 to 132-the provisions contained in sect·ions 75 and 75 of the existing act on the subject of agency are insutbcient 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 tbeir work-a work which involves greet skill and responsibility these clauses, which are new, therefore provide for statutory control of patent agenm no person whose name is not entered in the register of patent agents will hereafter be permitted to describe himself as a patent agent, but nothing in this chapter would compel an individual to resort to a patent agent for filing his application or prev~nt 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 india and the united kingdom and other parts of her britannic majesty's dominions by more comprehensive provisions apart from making due _  provision for the mutual protection of inventions, a clause on the lines of section 132 of the trade and merchandise marks act, 1958, has also been included (clause 134) whereby national's of countries which do not accord reciprocity to our citizens wi11 be denied the right to apply for patents, etc, in india clause 140 based on section 57 of the uk patents act 1949, and section 112 of the austrolian patents act 1952 is new and is intended to ensure that patent rights are not made an instrument of a monopoly wider in scope or longer in duration than afforded under the patents by the statute accordingly, conditions in contraets, leases or licences which tend to impose restrictions on the other _party_with  1"egard  to the purchase of armcles or use of processes other than the patented article or patented process are rendered void as being restrictions on trade injurious to the public interest this clam:;e will also apply to contracts made before the commencement of this new law in so far as any such restrictions are allowed to continue after the expiration of three months from such commencement the period of three months would enable the parties to have the contracts suitably altered, if they so choose clause 141 is also new and is designed to counter attempts by patentees to extend the duration of their patent monopolies beyond the period allowed by statute this clause will enable the patentee, lessee or licensee to determine a contract containing any such restrictions on giving three months' notice clauses 143 and 144-these clauses while placing restrictions upon the publication of reports of examiners, specifications, etc, seek to vest a 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 invention clause 146--this provision which is confined to information regarding the extent to which an invention is being commercially worked in india is necessary for the proper working of this law, apart from its statistical value clause '147-sub-clauses (1) and (2) are based on section 71 and 71a of the existing act and sub-section (3) is based on section 116 of the trade and merchandise marks act, 1958 clauae 151 seeks to replace section 33 of the existing act by more elaborate provisions while orders of high courts regarding revooation of patents or certificates of validity of claims are to be entered in the register of patents, orders of other courts in suits for infringement, etc, are to be filed in a supplemental register as such  orders affect only the parties thereto clause 1s1-this clause makes special provisions in respect of applications for patents which were referred from time to time to the department' of atomic energy for directions as they had references to atomic energy these applications now stand lapsed, due to no fault of the applicants, on the ground that the maximum period of acceptance prescribed under sub-section (4) of section 5 of the indian  patents and designs act, 1911, has expired the bill seeks to amend and consolidate the law relating to patents contained in the indian patents and designs act, 1911, with a view to stimulate inventions among indians and to encouragp 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 interestll the patent office, which administers the indian patents and designs act, will have to keep a close watch over the commercial exploitation of patents and licensing and other proceedings under the act the ~teady increase in the number of applications for patents year after year, the proposal for 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 priar 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 foteign patent specifications and other technical document;, classification of the same industry-wise, preparing abstracts of the same and printing or duplication of the abstracts, etc clause 74(2)/102 of the bill provides for the establishment of branch offices of the patent office at different centres ib 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 at bombay, delhi and madras this is on lines similar to the three branch offices of the trade marks registry functioning at calcutta, 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 -a& -communication -of _orders and the like, except of course detailed search for anticipation which will be conducted at the head offtce, calcutta clause 115 of the bill envisages the appointment of scientific advisers to assist the court in any suit for infringement or in any proceeding before a court under the act  - the aforesaid measures will involve extra work and will necessitat&eemployment of some additional staff the expenditure on account of additional staff, together with incidental expenses on administration is estimated at about rs 4 lakhs including rs 20,000 non-recurring the actual rec:ruitment of staff will, however, be made as may be determined by careful work-study  requirement of personnel and finance:1 annual emoluments of officers:-7 "' } rs 2,57,000 27 (a) asstt controllers (b) examiners of patents q designs 2 annual emoluments of sta1f:-"1 i (a) senior scientific assistants 10 ~ rs 98,700 (b) asstt supdts 3 9 (c) udcs i j 3 incidental expenses rs 44,300 total rs 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 lakhs, while the annual income by way of fees realised amounts to rs 13' 2 lakhs it is to be mentioned in this context that while a general increase in the revenues may be expected on account of the filing of larger number of applications for patents year after year and also on account of the enhanced rates of fees for applications and for renewals, yet the reduction of the term of patents from 14 years to 10 years and the stopping of the grant of product patents in the fields of food, drugs and medicine, will probably offset to some extent the above however;-on balance-if-may-be expected that the present revenue is likely to be maintained apart from that, as so pertinently pointed out by shri justice rajagopala ayyangar in his report on the revi-bion of patents law "the maintenance of a patent ofbce should be considered a service rendered to the public, and this is how it is looked upon the uk 1£ usa and other advanced countries and therefore if an increase in the cost should result in an increase in the efftciency of the service, the cost is always worthwhile" clause 158 authorises the high court to make rules as to the 'conduct of procedure in respect of proceedings before it under this law  clause 159 authorises the central government to make rules for csrrying out the purposes of this law the rules are subject to the cqildition of previous publication the matters set out in that clause in respect 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 normal character  extracts nom the indian patents and designs act, 1911 (2 or 1911)an act to amend the law relating to the protection of inventions and designs whereas it is expedient to amend the law relating to the protection of inventions and designs; it is hereby enacted as follows:- pld'incnaky --1 (1) this act may be called the indian 'patents and designs short title, act, 1911 extent and - - - - - commence mente z in this act, unless there is anything repugnant in the subject deftnitiodi or context:-' (1) "advocate general" means an advocate general appointed under the constitution and in relation to the state of jammu and kashmir, the advocate-general for that state: (2) "article" means (as respects designs) any article of manufacture and any substance, artificial or natural, or partly artificial and partly natural: (3) "controner" means the controller of patents and de~igds appointed under this act: - - -  - e' ::'(s~ ~igns" means 'oni, the, features' of 'shape, conggualtlon; pattern or ornament applied to any article by any industrf8i proeess or, means, whether manual, mechanical or' chemical, separate or com·' a -r~ bln4!d ,which ,in ,the flnish'ed arliale appeal to andaaojudged solely by the' eye;' ·but does not uiclude any mode or principle of construction or anything which is in substance a mere mecbenlcal, device and does 'not include any trade mark as defined in section 478, or ~ of 1860 property mark as defined in section 479 of the indian penal code: ", (6) "'distnci court'" has the ~eaning 'assigned to that expression ii of 1908 by the code of civil procedure, 1908: - - - - - los (8) "invention" means any manner of new manufacture and includes an improvement and an alleged invention - - - - -~--------- (10) "mailufactur&" includes any art, process or· madder of producing, preparing or making an article, and also any article prepared or produced by manufacture: (11) "patent" means a patent granted under the provisions of thil act: (12) "patentee" means the person for the time bem, entered oft the register of ~~ kept under this act as the grantee or propria tar of the patent: - - - - -  part i patents appzicc:ation for and grant of patentappuca-3 (1) an application for a patent may be made by any person tion 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 ~ust be left at the patent of!ice in the prescribed manner (3) the application must contain a declaration to the effect that the apphc:ant is in p'8sessiod of an invention, whereof he or to the case of a joint ·application one at least of the applieaats, ·c1abas to be the true and first inventor or the legal representative or psign of suclj inventor and for which he desires to· obtain a patent, and must ~ acrompadied by either a prmstonal o~ complete:-speciftc:atiod ~ by the ptescribedfee  - f4} where the true and ftrst idftutal" is ·d~·  party to the appu   -cation, tlie applfeaf~n must contain a statement of his- "11ame~ and -such particulars for his identification as may b~· prescribed, and the ,ppncant must show that he is the legal representative or assign of mc!! m-entor spedtl:-4 (1) a provisional speci1ication must describe the nature af the tlodl invention (2) a complete specification must particuiai-iy describt: and ascertam the nature of the invention and the manner in which the i8jde is to be performed (3) a specificatiod, whether provisional or complete, must commenee with the title, and in the case f!)f a complete apeciftcation must end with a distinct statement, of the-mvention-elafmed------' --(4) where the controller deems it desirable, he may require that luitable drawings shall be supplied at any time befare the acceptance of the application, and such drawings shall be deemed to form part of the complete specification (~) if in any particular case the controller consic{ers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to codstitute an invention, such model or sample as he may require shall be furnished before the acceptance of the application, but such model or sample hall not be deemed to form part of the specification  (6) the controller may, where the application was accompanied by a specification purporting to be a complete specification if the applicant so requests, treat the specification as a provisional specification and proceed with the application accordingly 4a (1) if the applicant does not leave a complete specification time 'with his application, he may leave it at any subsequent time within for nine months from the date of the application: 1 leayinl• camp ete speci-provided that the said nine months shall be extended to such flcatlod period, not e'xceeding t~n months jrom the date of the application, as ~y be specified in a request made by the applicant to the controller, if the request is made and the prescribed fee is paid within the period so specified  (2) if the complete specification is not left withill the· -period allowable under sub-section (1), the applieation shall be dee~ to be abandoned at the expiration of ten months from the date thereof     -' ~      4b (1) an invention may, during-the period between ~he date proviof an application for a patent therefor and the date of· seaiing a sional pro-' patent on that application be used and published without prejudice tectiod to that patent, and such protection from the consequences of use and dublication is in this act referredto as provisional protection  (2) in this section, the expression "date of an application fot a patent" means, as respects an application which is post-dllted or antedated under this act, the date to which the application is so post- dated' or ante-ciated and means as resp~cts any other application, , the date on which it is actually made 5, (1) the controller'shall refer to an examine!- every appuca~ tion in respect of which a complete specification has been filed and if satisfied on-the reparforufefexamfner that: ;;;,-' ----tion, (a) the nature of the invention or the manner in which it is to be performed is not particularly described and ascertained in the complete specification, or (b) the application, specification and drawings have not been prepared in the prescribed manner, or (cl the title of the specification does not sufficiently indicate the subject-matter of the invention or (d) the statement of claim does not sufficiently define the invention, or (dd) where a complete specification has been left after a provisional specification, the invention particularly described in the complete specification is not substantially the same as that which is described in the provisional specification, or (e) the invention as described and claimed 'is prima facie not a manner of new manufacture or improvement, or' (i) the specification relates to more than one invention, or (g) in the case of an application claiming priority under section 78a, the specification describes and claims an invention substantially larger than or substantially different from theinvention disclosed in the specification filed with the application made outside india by virtue of which priority is clai~ed, or _ (h) in the ease of an application for a patent of ad~ition under seetion 15a, the invention described and claimed in the 'specification is not an improvement or liiodification, of ' that : 'deseribed and claimed in the original specifi~ation,   - be may refuse to accept the application or require that the' appjica- tion, specification ol" drawings be amended before he proceedswith ,the application; and in the latter· case the application shall, if the controller so directs, bear date as from the time when the requirement is complied with: provided that, when a specification comprises more than one ,invention, the application shall, if the controller or the applicant so  requires, be, restricted to one invention and the other inventions may be made the subject~atter of fresh applications; and any such fresh application shall be proceeded with as a substantive application but the controller may, in his discretion, direct that any such fresh appiication "made before the acceptanee of the origilial applicatiod shall bear the da~e _of the oi:igim~upplicationor_such later date as  he may fix, and the fresh application shan be deemed, for the purposes of this act, to have been made on the date which it bears in accordance with such direction: provided further that where a complete specification is left after a provilsional specification, the controller may, if the applicant so requests, cancel the provisional specification and direct that the  application shall be deemed to have been made on the date on which the complete specification was left, and proceed with the application accordingly (la) if the controller considers, at any time before the acceptance of an application, that the invention claimed therein has been wholly 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 prior date to the patent applied for, he may require that the applicant'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 or 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 liability 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 from the date of the application, the application shall (except where an appeal has been lodged) be deemed to have been refused: pro~ded that where, bef6re, or within three months after, the expiration of the said period of eighteen months, a request is made to the controller for an extension of time, the application shall, on payment of the prescribed fee, be continued for any period so 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 controller shall give advertisenotice ~b,ereof to the applicant and shall advertise the acceptance; ment on and ~e~ipplicati9n and specifications with the drawings (if any) acceptance shall be open to public inpection :io:ppllca-mf'ct ot acceptance of application 7 after the acceptance of an application and until the date of sealing a patent in respectthereofr4)l' -the expiration _olthe __ tim~j~r_ sealing, the applicant shall have the like privileges and rights as if a patent for the inven~jpn had been sealed on the date of the acceptance of the application: provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been sealed 8 [inquiry be/ore sealing patent] rep by the indian patnu and desig1l8 (amend'ment) act, 1930 (7 of 1930), s 4 opposition to li'ant of patent 9 (1) any person may, on payment of the prescribed fee, at any time within four months from the date of the advertisement of the acceptance of an application, give notice at the patent office of opposition to the grant of the patent on any of the following grounds, namely:-(a) that the applicant obtained the invention from him, or from a person of whom he is the legal representative or assign; or (b) that the invention has been claimed in any specification filed in india which is or will be of prior date to the pat~t, the grant of which is opposed; or (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 (d) that the invention has been publicly used in any part of india or has been made publicly known in any part of india; or (e) that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention either forms the subject of an ~plication made by \pe 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 any document published in india in that interval; but on no other ground (2) where such notice is given, the controller shall live notice of the opposition to the applicant, and shall, on the expiration of those four months, after hearing the applicant, and tbt opponent· if desirous of being heard, decide on the case ' ,  (3) the decision of the controller ahall be aubject to appeal to the central gf)ve~ent ---------_10 (1) if there is no opposition, or, in cue of opposition if the grmt ad determination is in favour of the grant of a patent, a patent &hall, 8dalidf , on payment of the prescribed fee, be granted, subject to &ueil condi- pat:af - tiona (il any) as the central government thjnks expedient, to the applicant, or in the case of a joint application to the appncmu jomtly, and the controller shall cause the patent to be le81ea wlth the seal of the patent office (la) notwithstanding anything contained in iub-sectloll (l)~ where-(a) an applicant has agreed in writing that on the grant to him of a patent he will assign it to another party or to a joint applicant and refuses to proceed with the application, or (b) disputes arise between joint applicants u to proceeding with an application, : the controller, if he is satisfied of 'the existence of such aareement or, in any other case, that any joint applicant or applicants ought to be allowed to proceed alone, may direct that such other party or joint applicant or applicants may proceed with the application accordingly and may grant a patent to him or them, as the case may be: provided that-(i) the controller shall not give any such direction untu every party interested has had an opportunity of being heard by him, and (ii)  an appeal from any such direction shall lie to the central government (2) a patent shall be sealed as soon as maj'be, and not after the expiration of twenty-four months from the date of application: provided that,-(a) where the controller has allowed an extension of the time within which an application may be accepted, a further extension of !our months after the said twenty-four months shall be auoed for the sealing of the patent; (b) where the seeling is delayed by an appeal to the central government, or by opposition to the gran~ of the patent, or by any proceedings taken for obtaining a direction of the controller 1all (b) ls-ll udder ·the provisions of'sub-section (ta) the patent ma, be  aled at luch-time-'u-the"controller may direct; ---  ---- ---- (c) where the patent is granted to the legal representative of an applicant who bas died before the expiration o~ the time which would otherwise be allowed for sealing the patent, -the patent may be sealed at any time within twelve months after the date of his death or at luch later time as the controller may think at; (d) where for any reuon a patent cannot be sealed within the period allowed by any of the foregoitlg' provisions of this section, that period may, on payment of the prescribed fee and on compliance with the prescribed conditions, be extended to the extent applied for but not exceeding three months date of 11 except as otherwise expressly provided by this act, a patent ,atent shall be dated and sealed as of the date of the application: provided that no proceedings shall be taken in respect of an infringement committed before the advertisement of the acceptance of the application meet, extentand form of patent 12 (1) a patent sealed with the seal of thepatent oflice shall, subject to the other provisions of this act, cod;fer, on the patentee the exclusive privilege of making, selling and using the invention throughout india and of authorizing others so to do (2) every patent may be in the prescribed form and shan 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 granted for more than one invention fraudulent appura-~onl tor ratents 13 (1), a patent granted to the true and first inventor or his legal representative or assign shall not be invalidated by an application iri fraud of him, or by protection obtained thereon or by any use or publication of the invention subsequent to that fraudulen't application during the period of protection    (2) where a patent has been revoked by the high court on the ground that it has been obtained in fraud of the true and first inventor, or where the grant of a patent has been refused by the controller under section 9 on the ground stated in clause (cz) of subsection (1) of that section, the controller may, on the application of the true inventor or his legal representative or assign made in accordance with the provisions of this act, grant to bim a patent for the whole or any part of the invepticm, add the patent 10 tradted ihall bear the same date as the patent 10 revoked, or, iii the cue of a patent the i1'ldt of 'which hu been refused, the lame date as would have been borne by the patent if it had been arantecl: provided that do suit shall be brou;htfor-any··infrldgement·of the patent ao granted committed before the actual date when such patent was granted 13a (1) where the ·8ame applicant has put in two or more slnlle provisional speciftcations for inventions which are cognate or modi- pamt -ftcatiods one of the other, and has obtained thereby concurrent colute provisional protection for the same, and the controller is of opinion ~v=­thatthe 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 speciftcation in respect of the whole of such applications and grant a single patent thereon (2) such pate~t-ih~ll·bear th; d-;-te of-the-wllest of such applications, but in considering the validity of the same and in determining other questions under this act, the court or the controller as the case may be, shall have regard to the rer-pective dates of the provisional speciftcations relating to the several matters claimed in the complete speclftcation  tenn of p4tent14 (1) the term limited in every patent for the duration thereof !'erm of shall, save as otherwise expressly provided by this act, be sixteen ,t years from its date (ta) any patent the original term of which had not expired on or before the 1st day of july, 1930, shall have effect as "if the term mentioned therein was sixteen years instead of fourteen years, and any license existing at that date which has been granted for the term of the patent shall be treated as having been granted for the tenn as so extended if the licensee 80 desires ,,:8) where any party to a contract with the patent~ or aliy other person entered into before tae 1st day of january, 1930, is subjected to loss or liability by reason of the extension of the term of any patent under this section, any district court having jurisdiction may, on application made in this behalf, determine in what manner and by which parties such loss or liability shall be borne (2) a patent shall, notwithstanding anything therein or in this act, cease if the patentee fails to pay the prescribed fees within the prescribed times: i'rovmed thatwbere the" patentee, betore, or 'within three months after, the expiration of the time for payment, applies to the controller for an "extension" of time, the patent shall; on payment of such· --~ditioniufee as may be prescribed; "de-continued or revived, 88 the case may be, for any period so applied !or not exceeding in all three months from the expiration of the time for payment (3) if any proceeding is taken in respect of an in:fringement of the patent committed after a failure to pay any ftie within the prescribed time, and before any enlargement thereof,· the court be~ore which the proceeding is taken may, if it thinks fit, refuse to award any damages in respect of such infringement  l!dmslon o iprm of ,c15 (1) a patentee may present a petition to the central government praying that his patent may be extended for a further term but lu'!h petition must be left at the patent oftlce at least six months before the time limited for the expiration of the patent and must be accompanied by the prescribed fee and must be advertised by the " patentee within the prescribed time and in the prescribed manner (2) any person may within such time as may be prescr!bed and on payment of the prescribed fee give notice to the controller of objection to the extension (3) where a petition is presented under sub-section (1), the central government may, as it thinks fit, dispose of the petition itself or refer it to a high court for decision (4) if the petition be referred to a high court, then on the hearing of such petition under this section, the patente~ and any person who has given notice under sub-section (2) of objection, shall be made parties to the proceeding, and the controller shall be entitled to appear and be heard (5) the central government or the high court to which a petition is referred shall in considering the petition have regard to the nature and merits of the invention in relation to the public, to the profits made on the patent and to all the circumstances of the case (6) if it appears to the central gov~mment or to the high court when the petition is referred to it, that the patent has not ~een suftlciently remunerative, the central government or" the high court, as the case may be, may by order extend the term of the patent for a turther term not exceeding flve or in exceptional cases ten y~ars or may order the grant of a new patent for such term not exceed!ng ten years as may be specified in the order and subject to any restriction, conditions and provisions which the central government or the high court, as the case may be, may think fit  15a (1) where a patent for an invention has been applied for or patent!! at gra~lted, ard the appl:cant or the patentee, as the case may be, applies alfdjuoll --for-afurth:r-l'atent-in-respect of any improvement in o~ modification of the invention, he may in his application for the further patent request that the term limited in that patent for the duration thereof be the same as that of the original patent or so much of that term as is unexpired, and, if he does so, a patent (hereinafter referred to as a pat~nt of addition) may be granted for such term as aforesaid (2) save as otherwise expressly provided by th!s act, a patent of addition shall remain in force as long as the patent for the original invention remains in force  but no longer, and in respect of a patent of addit~on no fees shall be payable for renewal: provided that if the patent for the original invention is revoked, then the patent of addition shall, if the authority by which it is r~ voked so o]'ders, become an independent patent, and the fees payable, and the dates when they become payable, shall be determined by its date, but its duration shall not exceed the unexpired term of the patent fer the original invention (3) the grant of a patent of addition shall be conclusive evidence that the invention is a proper subject for a patent of addition, and the validity of the patent shall not be questioned on the ground that the invention ought to have been the subject of an independent patent 16 (1) 'where any patent has ceased owing to the failure of the restora patentee to pay any prescribed fee within the prescribed time, the tion of patentee may apply to the controller in the prescribed manner for ltptl'ledt ,  pa en  an order for the restoratlon of the patent (2) every such application shall contain a statement of the cir-  cumstances which have led to the omission of the payment of the prescribed fee (3) if it appears from such statement that the omission was unintentional or unavoidable and that no undue delay has occurred in the malting of the application, the controller shall advertise the application in tbe prescribed manner, and within such time as may be prescribed any person may give notice of opposition at the patent office (4) where such notice is given the controller shall notify the applicant thereof (5) after the expiration of the prescribed period the controller shall hear the case and, subject to an appeal to the central government, issu~ ~ order either restoring the patmtsubject to any · conditions and restrictions deemed to be advisable or dilmissin, the application: provided that in every order -under-this section restoring a patent such provisions as may be prescribed shall be inserted for the protection of persons who may have availed themselves of the subjectmatter of the patent after the patent had ceased  amendment of application ot specijicationampnd-17 (1) an applicant or a patentee may at any time, by request me1i~ ot in writing left at the patent office and accompanied by the prescribed :~~-:n fee, ~eek leave to amemihis application or specification, including cation br drawmgs forming part thereof, way of disclaimer, correction or controller explanation, stating the nature of, and the reasons for, the proposed amendment (2) if the application for a patent has not been accf'pted, the controller shall determine whether and subject to what conditions (if any) the amendment shall be allowed (3) in any other case the request and the nature of the proposed amendment shall be advertised in the prescribed manner, and at any time within three months from its first advertisement any person may give notice at the patent oftice of opposition to the amendment (4) where such a notice is given the controller shall give notice of the opposition to the person making the request, and shall hear and decide the case (5) where no notice of opposition is given, or the person so giving notice of opposition does not appear, the controller shall determine whether and subject to what conditions, if any, the amendment ought to be allowed (6) the decision of the controller in either case shall be subject to an appeal to the central government (7) no amendment shall be allowed that would make the application or specification, as amended, claim an invention substantially larger than, or substantially different from, the invention claimed by the application or speciftcation as it stood before amendment (8) leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud; and the amendment shan be advertised in the prescribed manner, and shall in all courts and for all purposes be deemed to fonn part of the application or spec:i1lcatiod (9) this section shall dot apply when and 10 lonl u any suit for -infringementor-proceedinl before a court for the revocation of the patent is pending 18 in any suit for infringement of a patent or proceeding before ameijda court for the revocation of a patent the court may by order allow ment of the patentee to amend his specification by way of disclaimer, corree-8~eeiftc­tion or explanation in such manner, and subject to such terms as to ctiodrtby th, ou  costs, advertisement or otherwise, as the court may think fit:  provided that no'1dt1&ddment shall be so allowed that would make the specification, as amended, clainl an invention substantially larger than, or substantially different from, the invention claimed by  the specification as it stood before the amendment, and where an application for such an order is made to the court notice of the application shall be given to the controller, and the controller shan have the right to appear and be heard 19 where an amendment of a specification by way of disclaimer, ltettrlecorrection or explanation has been allowed under this act, no damages tiod on shall be given in any suit in respect of the use of the invention before reco~ery the date of the decision allowing the amendment, unless the patentet: dam~'el establishes to the satisfaction of the court that his original cla:m was framed in good faith and with reasonable skill and knowledge  register of patents20 (1) there shall be kept at the patent office a book called the register register of patents, wherein shall be entered the names and addresses of of grantees of patents, notifications of assignments and of transmis-pa~ents sions of patents, of licenses under patents, and of amendments, extensions, and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may be prescribed (2) the register of inventions and address book existing at the commencement of this act shall be incorporated with, and form part of, the register of patents under this act (3) the register of patents shall be prima facie evidence of any matters by this act directed or authorised to be inserted therei~ (4) copies of deeds, licenses and any other documents affecting the proprietorship in any patent or in any license thereunder, must be supplied to the controller in the prescribed manner for filing in the patent oftlce  p"t 21 (l)subjeet to the other-provisions of this sectio~, a patent shall to bind have to all intents the like effect as against government as it has gowmagainst any person i mat (2) the omcers or authorities administering any department of the service of government may, by themselves or by such of their agents, contractors or others as may be authorised in writing by them, at any time after the application, and after giving notice to the ap-plicant or patentee, make use or exercise the invention for the service of the government on such terms as may, either before or after the use thereof, be agreed on, with the approval of the central government, between such omcers or authorities and the applicant or patentee, or, 'in default of agreement, as may be settled in the ma1"lner hereinafter provided and the terms of any agreement or license concluded between the applicant or patentee and any person other than such omcers or authorities, shall be inoperative so far as concerns the making, use or exercise of the invention for the service of the government (3) where an invention which is the subject of any patent has, before the date of the patent, been duly recorded in a docq~ent by, or tried by or on behalf of, the officers or authorit~es 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, contractors, or others, as may be authorised in writing by them, may, after giving notice to the applicant or patentee, make, use or exercise the invention so recorded or tried for the service of the government free of any royalty or other payment to the applican~ or patentee, notwithstanding the existence of the patent if, in ~he opinion of such 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 b-~ _  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 scope of any record or trial as aforesaid, the matter shall be referred to the high court for decision, who 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 arbitrator upon iuch term as it may direct the court referee or arbitrator, u the ~ue may be, may, with the consent of ~ parties, take into coulideration the vajic:uty of the patent for the purposes only at the reference 'and for'the determination of the issues between the applicant or patentee mild such officers or authorities the court, referee, or arbitcator, further, in settling the terms as aforesaid, hall be entitled to take into consideration any benefit or compensation which the applicant or patentee, or any other person interested in the patent, may have received directly or indirectly from the government or from such officers or authorities in respect of such patent: provided that, if the inventor or patentee is a government servant and the subjf(:t-matter of the invention is certified by the ,central government or state government to be connected with work done in the course of such service, any such dispute shall be settled by the central government after hearing the applicant or patentee and any other person having an interest in the invention or patent (5) tbe right to use an invention for the services of the government under the provisions of this section, or any provisions for which, this section is substituted, shan include, and shall be deemed alwa, to have included, the power to sell any articles made in pursnaqce of such right which are no longer required for the services of the government (6) nothing in this section shall affect the right of the government or of any person deriving title directly or indirectly from the government to sell or use any articles forfeited under any law for the time being in force relating to customs or excise zla (1) the inventor of any improvement in instruments or mudi- assiptions of war may (either for or without valuable consideration) assign ment oj to the central government all the benefit of the invention and of any patent to patent obtained o~ to be obtained for ~he invention; and the central ~~tral government may be a party to the assignment govern- i mento i (2) the assignment shall effectually vest the ben,elit of the invention and patent in the central government, and all co~enanta and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by or od behalf of the central government (3) where any such assignment has been made, the central g0vernment may, at any time before tbepublication of the speciflcation, certify to the controller ~at, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret 1261 (b)i&-17 (4) it the central govemmeat 10 certif), me application and speci---t1catiods, with the drawinp(~_ any) and any amendment of the speci1lcation add any copies of such 'documents and drawings, shall, instead of being left in the ordinary manner at the patent oftice, be delivered to the controllf:u" in a packet sealed by authority of the central government (5) the packet shall, until the expiration of the term during which a patent for the invention may be in force, be kept sealed by the cod-troller, and shall not be opened save under the authority of an order of the central government (6) the sealed packet shall be delivered at any time---duridg the continuance of the patent to any person authorised by the central government to receive it, and shall, if returned to the controller, be again kept sealed by him (7) on the expiration of the term of the patent, the sealed packet ,ball be delivered to the central government (8) where the central government certifies as aforesaid after an application for a patent has been left at the patent office but before the publication of the specification, the application and specif:cationa, with the drawings (if any), shall be forthwith placed in a packet sealed by authority of the controller, and the packet shall ~be subject to the foregoing provisions respecting a packet sealed by allthority of the central government (9) no proceeding by petition or otherwise shall lie for revocation of a patent granted for an :invention £n relation to which - certificate has been given by the central government as aforesaid (10) no copy of any speciflcation or other document or drawing, by this section required to be placed in a sealed packet, shall 1d any manner whatever be published or open to the inspection of the public, but, save as otherwise provided in this section, the provisions of this ~t shall apply in respect of any such invention and patent as aforesaid (11) the central government may at any time waive the benefit of this section with respect to any particular'invention, and the specifications, documents and drawings -shall be thenceforth·  kept and dealt with in the ordinary way (12) the communication of any invention for any tmprovem~t in instruments or munitions of war to the central government or to any person or persons authorised by, the centralgov~~l!t to ,ld-ftstlgate the same or the merits thereof, shall not nor shall anythlq done far the purpoie of the investigation, be ~ed use or pubu· cation of web inventicm 80 as to prejudice the grant or validity of any jnl_t for the am • ,  , - compulsory licences cmd revoccltion22 (1) at any time after the expiration of three years from the :=~: date of the sealing of a patent any person interested may apply to licedce the controller upon anyone or more of the grounds specified in sub-section (2) for a licence under the patent (2) the grounds upon which an applicatton under sulmreetion (1) may be made are as follows, that is to 88y,-(4) that· the patented invention, being capable of being coid"-· , merclauy worked in india, has not been commercially worked therein or is not being 10 worked to the fudest extent that fj reasonably practicable; (b) that a demand for the patented article :in india is not being met to an adequate extent or on reasonable terms, or is being met to a substantial extent by importation of the patented article from other countries; (c) that the commercial working of the invention in india is being prevented or hindered by the importation of the patented arucle from other countries; (d) that by reason of the refusal of tile patentee to grant a jicence or licences on reasonable terms-(i) a market for the export of thf' patented article manufactured in india is not being supplied, or (ti) the worldng or efftclent working in india of any other patented invention which makes a substantial contribution to the establishment or development of commerclal or !ndustrlal activities in india is unfairly prejudiced; (e) tllat by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purehase, hire or use of the patented article er process, the manufacture, use or sale of materials not protected bv the patent or  the establishment or development of commercial or mdusbial activities in india is unfairly prejudiced (3) an appllcatiod under this seetiod may be made by any person notwithstanding that be is already the holder- of a lieence under the patent; and no person shan be estopped from alle,dn« any of t'hp, matters'speclfted in su~lon (2) ~ rpn~on of any admission made by him, whether fd such' a licence or ot hpnvise, or by reason of bllii bavjdc accepted sueh a lfeedce  (t) in this jection  the expression "patented article" includes any - article made by a patented process z3(~ere an app1icati~n is made under section 22 the controller may make an order granting any of the following reliefs, tha~ is to say, the controller may-relief in ~of appllcation lidder  teetlon 22; (4) grant a licence to the applicant upon such terms as thr controller thinks fit; and may also where the circumstance;; so require direct that all other existing licences in respect of· the patent shall be revoked, or that the patentee shall forfeit ii,\· right which he may have as a patentee, to make, use, exerei~e" or vend the invention or to grant licences under the patenl: (b) revoke any existing licence held by the applicant and grant a new licence upon such terms as the controller thinks fit, or amend any licence held by the applicant in such manner as the controller may think ftt; (c) grant a licence under the patent to !;uch custoul(,!'s of tht' applicant and on such terms as the contrcller thinks fit, if th0 controller lis satisfted that the manufactu~·e use or sale of materials not protected by the patent is unfairly prejl1diced by reason of conditions imposed by the patentee ~pon the grant of licences under the patent or upon the purchase, hire or use of the patented article or process: provided that where the application is made on the ground that the patented invention is not being commercipuy worked in india or is not being worked to the fullest extent that is reasonably pl'8cticable and it appears to the controller that the time which has elapsed since the granting of the patent has for any reason been insuftlclent to enable it to be" so worked h~ may, by order adjourn the application for such ppmorl "c: will in his opinion give- sufftcient time for thp invention to he" ,,~ worked (2) except·in cases where the terms of 'a licence have been settled by mutual agreement and such tenns otherwise provide any person to whom a licence has been granted under sub-section (1) shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent and if the patentee refuses or neglects to do so within two months after being so called upon the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant and a patentee so added as defendant shall not be liable for any costs uittesl he en~en an appearance and takes part in the proeeedinp j3a (1) at any time after the expiration of three years from endorsethe date of the sealing of a patent, the central government may ment of apply to the controller upon any one or more of the grounds specified patent on in -eub-section (2) of section 22 for the endorsement of the patent ~ppli;a~ with the words "licences of right" a:~-(2) an application under this section may also be made on the ment_ ground that by the refus31 of the patentee to grant a licence or licences on reasonable terms the establishment or development of commercial or industrial activitie"i in india is unfairly prejudiced or the development of an-industry, the control of which by the union is declared by parliament by law to be expedient in the public interest,is being prevented or hindered (3) where a patent of addition is in force, any application under slolb-section (1) either for the endorsement of the original patent or the patent of addition shan be deemed to be an application for the endorsement of both the patentr and -where any such application is granted or refused it ~he'l1 be deemed to have been granted or refused in respect of both the patents_ (4) all endorsements of patentr made under this section shall be entered in the register of patents maintained under section 20_ (5) for the removal of doubts it is hereby declared that nothing in this section shall affect the right of the central government or any state government to make an application for the grant of a licence in respect of any industrial undertaking or trading activity owned or carried on by such government db (1) where the controller has made an endorsement upon provision· a patent "licences of right"-a& to patents (a) any per-jon shah at any time after such endorsement be endorsed entitl-eo as of right tc' a lic'ence under the patent upon snch terms "licences as in default of agreement may be settled by the controller on of right" the application either of the patentee or of the person applying for a licence; (b) the controller may, on the application cf a person holding a licence granted under the patent before the endorse ment, order the licence to be revoked and grant a new licence by virtue of the ,="ndorsement upon terms to be !:jettled in the aforesaicl manner; (c) if in proceedings fllr the infringement of the patent (otherwise than by the imp(lrtation of the patented article from other countries) the infringing defendant is ready ,and willing to tab a licence upon terma to be ettled by the controller, do injunction against him shall be awarded, and the amount re---------'coverable-againsuum by way of damages, if any, shall not exceed double the amount which would have been recoverable against him as licensee if the licence had been dated prior to the earliest infringement;  (d) the renewal fees payable in respect of a patent eo endosed shall, as from the date of the endorsement, be one moiety only of the fees which would otherwise have been payable (2) the provisions of sub-seetion (2) of section 23 shan apply to i any licence granted under sub-section (1): as they apply to a licence granted under the said section 23 z3c (1) the powers of the controller upon an application under section 22 or section 2:~a fhall be exercised with a view to seeurini the following general purposes, that is to say,-berc1je of powers onappu ation under lectlon 2z or ection 2ia (a) that inventions which can be worked on a cl)mmerclal scale in india and which should in the public interest be 80 worked shall be worked therein without undue delay and to the fullest extent that is reasonably practicable; (b) that the inventor or other person beneftclally entitled to a patent shall receive reasonable remuneration having regard to the nature of the invention; (c) that the interests of any person for the time being working or developing an invention in india under the protection of a patent is not unfairly prejudiced (2) subject to the provisions of sub-section (1), the controller sball, in determining whether to make an order in pursuance of lmy such application or not, take account of the following matten, that is to aay,-(a) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any ueenseeto make full use of the invention; (b) the ability of any person to wham a lleenee is to be granted under the order to work the invention to the pubue advantage; and  (e) the risks to be undertaken by that penon in providing capital and worldng the invention it the application fa greted; but shan not take nccount of matters subsequent to the making of the appllc:atlod zicc (1) without prejudice to the foregoing provia1ods of thla lnventiodi -act, where a patent is in force in respect ofrelatlnj tofood or (4) a substance capable of being used as food, medicine, in  medicine secticide, germicide or fungicide or in the production of food, etc medicine, 1dsecticide, germicide or fungicide; or (b) a process for producing such a substance as aforesaid; ~ i i (e) any invention capable of being used as or as part of - surgical or curative device; the controller shall, on application made to him by any person interested, order the grant to the applicant of a licence under the patent on such terms as he thinks fit, unless it appears to him that there are good reasons for refusing the appucation (2) in setuing the terms of licences under this section the controller shall endeavour to secure that food, medicines, insecticides, germicides, fungicides, and surgical and curative devices shall be available to the public at the lowest prices consistent with the patentees' deriving a reasonable advantage from their patent rights (3) a licence gnmted under this section shall entitle the licensee to make, use, exercise and vend the invention as food, medicine, i: insecticide, germicide or fungicide, or for the purposes of the production of food, medicine, insecticide, germicide or fungicide or as part of a ~gical or curative device, but for no other purposes (4) where a patent other than a patent referred to in sub-section (1) is in force in respect of 8 substance or process for producing a substance and the central government is satisfied that it it ex-·pedient or necessary in the public interest that a licence under such a patent should be granted, the central government may, by notification in the ofiicial gazette, direct that the provisions of sub-section (1) and suh-section (2) respecting the grant of licences and settling of the terms thereof, in so far as they can be made applicable, shall apply to such a patent, and on the issue of such a notification the said provisions shall apply accordingly z3d (1) every application, under section 22, section 23a or sec- proeedw tion 23cc, shall specify the nature of the order sought by the appli- on applicant and shall contain a statement setting out the nature of the cation applicant's interest, if any and the facts upon which the application ::~e:n 22, is based section (2) where the controller is satisfied, \q)on consideration of any 23ctja or - 4' ha been mad se on suqh application, that a pnm4 jacte case s e out for the dcc making of an order, he shall direct the applicant to serve copies of the application upon the patentee and any other persods appearing from the register of patents to be interested in the patent in rel:i· pect of whjch the application is made (3) the patentee or any other person desiring to oppose the applicatiun may, within such time as may be prescribed or within such further time as the controller may un application made either before or after the expiration of the prescribed time ellow, give to the controller notice of opposition (4) any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed (5) 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 23e (1) any order made by the controller under section 23, section 23b or section 23cc for the grant of a licence shall, without prejudice to any other mode of enforcement imve effect as if it were a deed, executed by the patentee and all other necessary parties, granting a licencp in accordance with the order supple_ mentary provisions with respect to orders under section 23 (2) notwithstanding' anything contained in this act no order shall section be made in ·pursua~e of an application under section 23 ur sectidn 23b or five - 23a or section 23b or section 23cc which would be at variance tion 23cc with any treaty, convention, arrongement 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 control\er made under section 23 or section 23a or under clause (a) or clause (b) of sub-section (1) of se~tion 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 calculeting the said period of three months, the time, if any, occupied in granting a copy of the order appealed against shall be excluded 23g (1) when an appeal has been preferred to the high court a t calcutta under section 23f it shall be heard by a bench of not less than two judges procedure for hear  lq of apl'eal  (2) the bench hearing the appeal may, if it thinks fit, and shall, on the request of the parties to the appeal call in the aid of an assessor specially qualified for the purpose, and hear the appeal wbolly or partially with his assistance (3) the remuneration, if any, to be paid to an assessor undel' this section shall ill every case_be_ determinecl_by~blhigllcmtr,-",t ___ _ and be paid by it as part of the expenses of the execution of this act ·1  24 a patentee may at any time, by giving notice in the prescrib- power of ed manner to the controller, offer to surrender his patent, and' t?i'!' controller controller may, if after giving notice of the offer and hearing all !=:~:r_ parties who desire to be heard he thinks, fit, accept the offer, and eel patent thereupon make an order for the revocation of the patent 25 a patent shall be deemed to be revoked if the central gov- =0:-er~ment declares, by notiftcation in the official gazette, the patent patent or the mode in which it is exercised to be mischievous to the state on public or generally prejudicial to the public grounds  legal proceedings26 (1) revocation of a patent in whole or in part may be obtained pf etition t't· ttl" 't f 'f' t b or revo on pe 1 ion 0 or on a coun er-c rim in a sui or in nngemen e- cation of fore a high court on all or any of the following grounds, namely: -patent (a) that the invention has been the subject of a valid prior grant of a patent in india; (b) that the true and first inventor or his legal representative or assign was not the applicant or one of the applicants for the patent; (c) that the patent was obtained in fr~md of the rights of the person applying for the revocation or of any person under or through whom he claims; (d) that the invention was not, at the date of the patent, a manner of new manufacture or improvement; (e) that the invention does not involve any inventivp step, having regard to what was known or used prior to thedste o~ the patent; , (f) that the invention is of no utility;  (g) that the complete ~ciftcation does not sufficiently and fairly describe and ascertain the nature of the invention and the manner in which the invention is to be performed (h) that the complete specification does not sufticiently and clearly ascertain the scope of the invention claimed; (i) that the patent was obtained on a false suggestion or representation; 1261 (b) ls-18 (;) that the primary or intended use or exercise of the invention is contrary to law; ! (k) that the patentee has contravened, or has not complied with, the conditions contained in the patent; (1) that the complete speciftcation does not disclose the best method of perfordlltdce of the invention known to the applicant for the patent at the time when the specification was left at the patent ofbce; ~ (m) that prior to the date of the patent, the patentee or other persons (not being authorities administering any departmentnf -:-the service of government, or the agents or contractors of, or any other persons authorised in that behalf by, the central government) secretly worked the invention on a commercial seale (and not merely by way of reasonable trial or experiment) in india, and thereby made direct or indirect proftts in excess of such amount' as the court may in consideration of all the circumstances of the case deem reasonable; (ft) that the invention claimed in the complete specification is not the same as that contained in the provisional specification, and that the invention claimed, so far as it is not contained in the provisional speciftcation, was not new at the date when the complete specification was filed: provided that this sub-section shall have effect in relation to the ground of revocation specifted-(0 in clause (b), subject to the provisions of section 78a, m i (ii) in clause (d), subject to the provisions of sub-section (1) of section 13, sub-section (12) of section 21a, section 38 and section 40 (2) a petition for revocation of a patent may be presented-(a) by the advocate general or any person authorized by him'; or (b) by any person aueging- ! (i) that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims; or  , (ii) that he, or any person under or through whom he claims was the true and first inventor of any inventfort included in tbe claim of the patentee; of (iii) that he, or any person under or through whom be claims an interest injuly tradej_bu~n~ss ___ oj~_m~~acture, :--::-~---had publicly manufactured, used or sold, within india, before the date of the patent, anything claimed by the patentee  his invention i  (3) the high court may, irrespective of any provisions of the code of civil procedure, 1908, in this behalf, require any penon, other than the advocate general or any person authorized by him, applying for the revocation of a patent to give security for the payment of all costs incurred or likely to be incurred by any persod appearing to oppose the petition 27 (1) notice of any petition for revocation of a patent under notice of ~ection 26 shall be served on all persons appearing from the register proceedto be proprietors of that patent or to have shares or interests there- in  to in, and it shall not be necessary to serve the notice on any other ::=~~ed person (2) the notice shall be deemed to be sufficiently served if a copy thereof is sent by post in a il"egtstered letter directed to the person and place for the time being stated in the register 28 (1) a high court may, if it thinks fit, direct an issue for the i'rulwll' trial, before itself or any other high court, or any district court, ilbue few of any question arising upon a petition to itself under section 26, :: and the issue shall be tried accordingly ~ e (2) if the issue is directed to another high court, the finding courta shall be certified by that court to the high court directing thp issue (3) if the issue is directed to a district court, the finding of that court shall not be subject to appeal, but the evidence taken upon the trial shall be recorded and a copy thereof, certified by the judge of the court, shall be transmitted, together with any remarks which he may think fit to make thereon, to the high court directing - the issue, and the high court may thereupon act upon the finding of the district court, or dispose of the petition upon the evidence recorded, or direct a new trial, as the justice of the case may require 29 (1) a patentee may institute a suit in a district court having suit •• jurisdiction to try the suit against any person who, during the intrinpcontinuance of a patent acquired by him under this act in respect ment of of an invention, makes, sells or uses the invention without his patents license, or counterfeit it, or imitates it: provided that where a counter claim for revocation of the patent is made by the defendant, the suit, along with the counter claim, shall be transferred to the-high-court for-decision----(2) every ground on which a, patent may be revoked under section 26 shall be available by way of defence to a suit for infringement bxemption 30 a patentee shall not be entitled to recover any damages in of innocent respect of any infringement of a patent granted after the commence-:::~i ment of this act from any defendant who proves that at the datft~_ llty for - of the infringement he was not aware, nor had reasonable means damages 'of making himself aware, of the existence of the patent, and the marking of an article with the word "patent'' "patented", or any word or words expressing or implying that a patent has been obtained for the article, stamped, engraved, impressed on, or otherwise applied to the article, 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 an, proceedings for an injunction order for 31 in a suit for infringement of a patent, the court may, on inspection, the application of either party, make such order for an injunction, etc, in inspection or a:count, and impose'such terms and give such direcsuit tions respecting the same and the proceedings thereon, as the court may see fit d in a suit for infringement of a patent the court may certify certi1lcate of that the validity of the patent came in question, and if the court validity so certifies, then in any subsequent suit in that court for infringequestioned ment of the same patent the plainttif, on obtaining a final erder or and costs judgement in his favour, shall, unless the court trying the suit thereon otherwise directs, have his full costs, charges and expens':!s 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 cau-an entry thereof and reference thereto to be made in the register of patents transmission of decrees and orders to the con troller m a high court to which a petition has been presented under powerof section 26 may stay proceedings on or dismiss the peti~!oll if injts hyr~h-:--__ opinion the petition would be disposed of more justly or conveniently court by another high court to stay  proceed_ ings, etc hearin, with assessor 35 (1) in a suit or proceeding for infringement or revocation of a patent, the court may, if it thinks fit, and shah on the request of all the parties to the proceedings, call in the aid of an assessor specially qualified, and try the case wholly or partially with his assistance (2) a court exercising appellate jurisdiction in respect of such suit or proceeding may, if it thinks fit, call in the aid of an assessor as aforesaid (3) the remuneration, if any, to be paid to an assessol' under this section shall in every case be detennined by the court and be paid by it as part of the expenses of the execution of this act 35a notwithstanding anything contained iri section 19, if the grant of court in any action for infringement of a patent finds that anyone relief in or more of the claims ill the specification in respect of which the re&pect1of infringement is alleged are valid, it may, subject to its discretion as =: ar to tosts and as to the date from which damages should be reckoned  and to -such terms as to amendment as it may deem desirable, grant relief in respect of any of such claims which are infringed without regard to the invalidity of any other claim in the specification in exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to remain there 36 where any person claiming to have an interest in a patent, blemedy by circulars, advertisements or otherwise, threatens any other in ~88e of person with any legal proceedings or liability in respect of any fp'ouddl:: alleged infringement of the patent, any person aggrieved thereby ~=~~ro  may bring a suit against him in a district court having jurisdiction ceedings to try the suit, and may obtain an injunction against the continuance ·of such threats, and may recover such damage (if any) as he has sustained thereby, if the alleged infringement to which the threats related was not in fact an infringement of the patent: provided that th!s section shall not apply if an action for infringement of the patent is commenced and prosecuted with du~ diligence grant of patents to two or more persons, 37 where,-after the-commencementolthis act,a  patent is_ granted to two or more persons jointly they shall, unless otherwise specified in the patent, be treated for the purpose of the devolution of the legal interest therein as joint tenants, but, subject to any contract to the contrary, each of such persons shall be entitled to use the invention for his own profit without accounting to the others, but shall not be entitled to grant a licence without their consent, and, if any such person dies, his beneficial interest in the patent shall devolve on his legal representatives public use or knowledge of invention 38 the public 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 obtained surreptitiously- or in fraud of the true and first inventor or his legal representative or assign or has been communicated to the public in fraud of such inventor or his legal representative or assign 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 of such use disconfor-38a a patent shall not be held to be invalid on the ground mit)' that the complete specification claims a further or different invention to that contained in the provisional, if the invention therein claimed, so far as it is not contained in the provisional, was novel at the' date when the complete specification was put in, and the applicant for the patent was the true and first inventor thereof, or the legal representative or assign of such inventor losaor destruction of patent 39 if a patent is lost or destroyed, or its non-produ-::tion 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 pro~:~:~ exhibition to which the pr~visions of this section have been extend-:tions and ed by the central government by notification in the ofticial gazette, readings or the publication of any description of the invention during the before period of the holding of the exhibition, or the use of the invention l~~d for the purpose of the exhibition in the place where the exhibition societies f h' t' th bl' t' f d  is held, or the use 0 t e loven ion or e pu lca ion 0 any escrlption thereof, during or after the period of the holding of the taxhibition, by any peraon elsewhere without the privity or consent of the inventor or the reading of a paper by an inventor before a learned society, or the pubhcation of that paper in the society's transactions shall not prejudice the right of the tnventor to-apply-torand obtain --_0-a patent in respect of the invention, or the validity of any patent 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 pres--cribed form; and (b) the applicat~n -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 at any time require modell to a patentee to furnish them with a model or sample of his invention b~ ~-:rrusllocd on payment to the patentee of the cost of the manufacture of the to indian model or sample, the amount to be settled, in case of dispute, by the museum central government 42 (1) a patent shall not prevent the use of an invention for the focelld purposes of the navigation of a foreign vessel within the juiisdiction 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 con- waters nection 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 - - - sib the provisions of section 21 shall apply to registered designs rebi8traas if those provisions were re-enacted herein and in terms made tion of applicable to registered designs designs to  bind the - - - - - - - government 54 the provisions of this act with regard to certificates of the applic&-validity of a patent, and to the remedy in case of groundless threats tion of of legal 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, provisions with the substitution of references to the copyright in a design for of ~e act references to a patent, and of references to the proprietor of a design :te~ts to for references to the patentee, and of references to the designs for deaigna references to the invention  part iii general patent office and proceedings thereatpatent ofilee 55 (1) the central government may provide for the purposes of this act, an office which shall be called and is in this act referred to as, the patent office  (2) the patent office shall be under the immediate control of the controller of patent~  and designs, who shall act under the superintendence and directfun of the central government (3) there shall be a seal for the patent office (4) any act or thing directed to be done by or to the controller may be done by or to any officer authorized by the central government omc8rs and clerks 56 the central government may appoint the controller, and so many officers and clerks, with such designations and duties, as it thinks fit  feesfees 57 (1) there shall be paid in respect of the grant of patents and the registration of designs, and applications therefor, and in respect of other matters with relation to the patents and designs under this act, such fees as may be prescribed by the central government, so however that the fees presc~bed in respect of the instruments and matters mentioned in the schedule shall not exceed those there specified - - - - - - - information relating to patents 59a a person making a request to the controller in the prescribed manner as respects any  patent specified in the request or as respects any application for a patent so specified, for information to be furnished to him by the controller of any such matters as may be prescribed affecting that patent or application, shall be entitled, subject to the payment of the prescribed fee, to have infonnation supplied to him accordingly - - - - - ii (1) where an application for a patent hu been abandoned or prohibideemed to have been refused,-theapeeulcations-and----drawings --(if-tion-ofany), accompanying or left in connectiod with i11ch application, shall ~ublic­not, save as otherwise expressely provided by this act, at any time tion ~ be open to public inspection or be published by the controller :1 dr:;' - - - - - i~, etc:, where application abandoned, etc 62 the controller may, on request in writing accompanied by power for the prescribed fee,-l controller to correct (4) correct any clerical error in or in connection with an clerical ---application lor a patent or in any patent or any specification; erron (b) correct any clerical error in the representation of a design or in the name or address of the proprietor of any patent or design, or in any other matter which is entered upon the register of patents or the regl'ster of designs -63 (1) where a person becomes entitled by assignment, trans- entry ot nussion or other operation of law to a patent or to the copyright in aaaipa registered design, he may make application to the controller to menta and register his title, and the controller shall, on receipt of such applica- transmistion and on proof of title to his satisfaction, register him as the ~tin   d h propnetor of such patent or design, an s all cause an entry to be re~ en made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title (2) where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a patent or :registered design, he may make application to the controller to register his title, and the cod-troller, shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of patents or designs, as the case may be, with particulars of the instrument, if any, creating such interest (3) the person registered as the proprietor of a patent or design shall, subject to the provisions of this act and to any rights appearing from the register to be vested ~n any other person, have power absolutely to assign, grant licences as to, or otherwise deal with, the patent or design and to give eftectual receipt for any colulideration for any such allignment, licence or deal1n-g: 1261 (8) ~1t provided that any eqaitie in rspect of the patent or design may ____ --'belde-en_forc'~lin_uke_jt1anner_  jn __ repeet of any oth  moveable property (') except in the case of en application made under section 64, a document or instrument in respect of which no entry has beep made in the register in accordance with the provisions of sub-sec· tiona (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, far reasons to be recorded in " writing, otherwise directs if (1) the controller may, on the application in the prescribed manner of any person agrieved by the non-insertion in or omission from the register of patents or designs of any entry, or by any entry made in either such register without sufficient cause, or by any entry wrongly remaining on either such register, or by an error or defect in any entry in either such repter, make such order for making, expunging or varying such entry as he thinks flt and rectify the register accordingly - - - - - (5) nothing in this section shall be deemed to empower the controller-(4) to rectify the register of patents, or to decide any question relating to a patent, otherwise than far the purpose of cor·· recting a mistake of fact apparent from a reference either to the patent itself or to some order of a competent authority made under any other provision of this act, or - - - - - ea the controller shall issue periodically a publication of patented inventions containing such information as the central government may direct pubucation of patented lnventlons ftzercise 17 where any discretionary power is by or under this act given of dlacre to the controller, he shall not exercise that power adversely to the honary applicant for a patent, or for amendment of an application or of a ~w:r 1~ specification, or for registration of a design without (if 10 required on ro er within the prescribed time by the appucant) giving the appucant an opportunity of beini heard - - - - - ·18 (1) the controller may refuhi to grant a patent for an itefuaa1 invention, or to "ii!~r a desipl9f which the \lie would, in hi, to pat opinion, be contrary to law of morality patent, etc, in - - - - - eertaln aahi 71a printed or written copies or extracts, purportblg to be evldenee certified by the controller and sealed with the leal of the patent of docu· =i ~~~~ ~~tstr:~=:: ::: :::::: :=;m:: ~: elm shall be admitted in evidence in all courts in india, and in all proceedings, without further proof or production of the originals: - - - - - 72 copies of all such specifications, drawings and amendments traumia left at the patent oftlce, as become open to public inspecrtton under il~ otot the provisions of this act, shall be transmitted, as soon as may be, :a after the printed copies thereof are available, to such authorities tiona, etc, as the central government may appoint in this behalf, and shnll and idi-be open to the inspection of any person at all reasonable times at paction places to be appointed hy those authorities and approved by the thereof central government - - - - - 74a where· a person giving notice of any opposition under this security act or giving notice to the court of appeal from any decision of for costs the controller under this act, neither resides nor carries on business in india, the controller or the court, as the case may be, may l~quire such person to give security for the payment of all cosu incurred and likely to be incurred in the proceedings or appeal as the case may be, and, in default of such security being given, may disallow the opposition or dismiss the appeal  agencysubscrip tion and veri8ca_ lion of certain doeu· menta 75 the following documents, namely,-(1) applications for a patent, (2) notices of opposition, , (3) applications for extension of terms of a patent, (4) applications for the restoration of lapsed patents, (5) applications for leave to amend, (6) applications for compulsory license or revocation, and (7) notices of surrenders of patent, (8) applications for endorsement of patent with the worc!s "licenses of right" shall be signed and verified, in the manner prescribed, by the period ma)dn, such applicauons or giving such notictl: provided that, if such penon is absent from india they may be ~ed and verifted on hi behalf by an aaent hlident in indl~ authorized by him in writing in that behalf -----  -78 (1) all other applications and communications to the controller under this act may be signed by, and all attendances upon the can· troller may be made by or through a legal practitioner or by or through an agent authorised to the satisfaction of the controller (2) the controller may, if he sees it, require-- - - - - --- -(c) the personal signature or presence of any applicant, up· ponent or other person  power" etc, of central got)emment- 77 (1) the central government may make such rules as it thinks expedient subject to the provisions of this act-- - - - specifications, (c) for making or requiring duplicates of drawings and other documents; (d) for securing a·nd regulating the publishing ana selling of copies, at such prices and in such manner as the central government thinks fit, of specifications, drawings and other documents; (e) for securing and regulating the making, printing, publishing, and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and providing for the inspection of indexes and abridgments and other docu· ments; - - - - - (eee) for ensuring secrecy with respect to patents to which section 21a applies; - - - - - (2a) nothing in subsection (2) shall apply in the case of rules made for the purpose specified in clause (ee) of subsection (1), and iiilv lueb rules may modify any of the provisions of this act so far _ iday be necessary for that purpose  - - - - -  offence-78jf--any-person uses on his place of business, or on any docu- wrodjiu·~ ment issued by him, or otherwise, the words "patent otllce", or liie of any other words suggesting that his place of business is ofbclady :;:~t connected with, or is, the patent office, he shall be punishable with oftlce", flne which may ext£'nd to two hundred rupees, and, in the case of a continuing offence, with further flne of twenty rupees for each day oj!' which the offence is continued after conviction thpl'efor ~i "  reciprocal 4rr4ngements with the united kingdom cmd other pan of his ma;ebty's dominion, \ 78a (1) whereas his majesty has by order made on the 28th reclproc: l ~ day of july, 1938, declared british india to be a convention country arrar:,e-l within the meaning of section 91a of the patents and design~, acts, '::'~ the ~ 1907 to 1938, any person who has applied for protection for any united, invention or design in the united kingdom, or his legal repre-kin,dom'~ sentative or assignee shall, either alone or jointly with any other and othe i p~rson, be en~itled to claim t~t ,the ~tent that may be ~anted to ~:s of ;, him under this act, for the said invention or the registration of the majesty'l ,  ' said design under this act, shall be in priority, to other apl;)l1cants dominioll and shall have the same date as the date of the application in the united kingdom: 'i' provided that-(4) the application is made in the case of a oatent within twelve mont9s, 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 happening prior to the actual date on which, in the case of - patent, his application is 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 a design shall not be invalidated-(4) in the case of a patent by reason only of the publicntion  of a description of, or use of, the invention, or (b) in the case of a design, by r~'a'k)n only of the exhibition or use of, or the publication of a description or repreaentation of, the design, in india during the period specified in this tion as that within "ncb the application may be jqjcle (3) the application for the ant of a patent or the registration of a design under this section must de made in the same manner  an cii'dmary application unaertliiil\cl:-pro-vided that, in the case of a patent,-(4) the application shall be accompanit-d by a complete specification; and (b) if the application is not accepted within eighteen montlls from the date of the application for protection in the united kingdom, the specificatiob shall, with the drawings (if any) 8upplied therewith, be open to ~lic inspection at the expiration of "that period (4) wgere it is made to appear to the central government that the legislature of any other part of his majesty's dominions bas made satisfactory provision for the protection of inventions or -iiesigns patented or registered in india, the central government may ~ notification in the official gazette, direct that the provisions of thls section, with such variations or additions, if any, as may be set out in spch notification, shall apply for the protection of inventions or designs patented or registered in that part of his majesty's dominions  fbbsr!il, 10 on application for a patent accompanied by provisional specification 20 on filing complete specification after provisional speclficatio~ _; , on application for a patent accompanied by complete specification 30 for sealing a patent 30 before the expiration of the 4th year from the date of the patent so before the expiration of the 5th year from the date of the patent so before the expiration of the 6th year from the date of the patent so before the expiration of the 7th year from the date of the patent so before the expiration of the 8th year from the date of the patent] 100 before the expiration of the 9th year from the date of the patent 100 before the expiration of the loth year from the date of the patent 100 before the expiration of the i ith year from the date of the patent 100 before the expiration of the 12th year from the date of the patent before the expiration of the 13th year from the date of the patent before the expiration of the 14th year from the date of the patent before the expiration of the 15th year from the date of the patent iso provided that the fees for two or more years may ,be paid in advance on application to extend the term of a patent so in respect of each year of the extended term of a patent or of a new i so patent granted under section 15 an application for registration of a design 3 a bill to amend and consolidate the law relating to patents (shri t n sm,h, minister of industry in the ministry of industry and supply) 