Surrender of patents (1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent. (2) Where such an offer is made, the Controller shall publish the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in […]
Category Archives: India Patents Act and Patent Rules
India-Patents-Section 62
Rights of patentees of lapsed patents which have been restored (1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to […]
India-Patents-Section 61
Procedure for disposal of applications for restoration of lapsed patents (1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the […]
India-Patents-Section 60
CHAPTER XI RESTORATION OF LAPSED PATENTS Applications for restoration of lapsed patents (1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142, the patentee or […]
India-Patents-Section 59
Supplementary provisions as to amendment of application or specification (1) No amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and […]
India-Patents-Section 58
Amendment of specification before Appellate Board or High Court (1) In any proceeding before the Appellate Board or the High Court for the revocation of a patent, the Appellate Board or the High Court, as the case may be, may, subject to the provisions contained in section 59, allow the patentee to amend his complete […]
India-Patents-Section 57
CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS Amendment of application and specification or any document relating thereto before Controller (1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for […]
India-Patents-Section 56
Validity of patents of addition (1) The grant of a patent of addition shall not be refused, and a patent granted as a patent of addition shall not be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to any publication […]
India-Patents-Section 55
Term of patents of addition (1) A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and […]
India-Patents-Section 54
CHAPTER IX PATENTS OF ADDITION Patents of addition (1) Subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor (in this Act referred to as the “main invention”) […]