Term of patent (1) Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty […]

Grant of patent to true and first inventor where it has been obtained by another in fraud of him. (1) Where the patent has been revoked under section 64 on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he […]

Power of Controller to give directions to co-owners (1) Where two or more persons are registered as grantee or 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 […]

Rights of co-owners of patents (1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent. (2) Subject to the provisions contained in this section and in section 51, where two […]

Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India (1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by […]

Rights of patentees Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee— (a) where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from […]

Grant of patents to be subject to certain conditions The grant of a patent under this Act shall be subject to the condition that— (1) any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, […]

Form, extent and effect of patent (1) Every patent shall be in the prescribed form and shall have effect throughout India. (2) A patent shall be granted for one invention only: Provided that it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on […]

Date of patent (1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed. (2) The date of every patent shall be entered in the register. (3) Notwithstanding anything contained in this section, no suit or other proceeding shall […]

Amendment of patent granted to deceased applicant Where, at any time after a patent has been granted in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent […]