CHAPTER VIII GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY Grant of patents (1) Where an application for a patent has been found to be in order for grant of the patent and either— (a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; […]
Category Archives: India Patents Act and Patent Rules
India-Patents-Section 42
Savings respecting disclosure to Government Nothing in this Act shall be held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this […]
India-Patents-Section 41
Finality of orders of Controller and Central Government All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever.
India-Patents-Section 40
Liability for contravention of section 35 or section 39 Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 or makes or causes to be made an application for grant of a […]
India-Patents-Section 39
Residents not to apply for patents outside India without prior permission (1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a […]
India-Patents-Section 38
Revocation of secrecy directions and extension of time When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such […]
India-Patents-Section 37
Consequences of secrecy directions (1) So long as any directions under section 35 are in force in respect of an application— (a) the Controller shall not pass an order refusing to grant the same; and (b) notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect […]
India-Patents-Section 36
Secrecy directions to be periodically reviewed (1) The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be reconsidered by the Central Government at intervals of six months or on a request made by the applicant which is found to be […]
India-Patents-Section 35
Secrecy directions relating to inventions relevant for defence purposes (1) Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where […]
India-Patents-Section 34
No anticipation if circumstances are only as described in sections 29,30, 31 and 32 Notwithstanding anything contained in this Act, the Controller shall not refuse to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 29 or section 30 or section […]