The Patents Act, 1970
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 1 Short title, extent and commencement. 2 docs
(1) This Act may be called the Patents Act, 1970.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
1. 1-4-1978, vide notification No. S.O. 799, dated 10-3-1978, in respect of the provisions of sub-section (2) of s. 12 and
sub-section (2) of s. 13, s. 28, s. 68, and ss. 125 to 132 see Gazette of India, Part II, sec. 3 (ii).
20-4-1972 vide notification No. S.O. 300 dated 20-4-1972, in respect of the provisions [except sub-section (2) of s. 12 and sub-section (2) of s. 13, s. 28, s. 68 and ss. 125 to 132] see Gazette of India, Part II, sec. 3 (ii).
sub-section (2) of s. 13, s. 28, s. 68, and ss. 125 to 132 see Gazette of India, Part II, sec. 3 (ii).
20-4-1972 vide notification No. S.O. 300 dated 20-4-1972, in respect of the provisions [except sub-section (2) of s. 12 and sub-section (2) of s. 13, s. 28, s. 68 and ss. 125 to 132] see Gazette of India, Part II, sec. 3 (ii).
Section 2 Definitions and interpretation.
(1) In this Act, unless the context otherwise requires,--
1****;
(ab) assignee includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person;
2[(aba) Budapest Treaty means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;]
(ac) capable of industrial application, in relation to an invention, means that the invention is capable of being made or used in an industry;]
(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;
3[(d) convention country means a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation 4[referred to as a convention country in section 133;]
(e) district court has the meaning assigned to that expression by the Code of Civil Procedure, 1908 (5 of 1908);
(f) exclusive licence means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and exclusive licensee shall be construed accordingly;
5* * * * *
(h) Government undertaking means any industrial undertaking carried on--
(i) by a department of the Government, or
(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 of the Companies Act, 1956 (1 of 1956), 16[or]
6[(iv) by an institution wholly or substantially financed by the Government;]
7* * * * *
8[(i) High Court, in relation to a State or Union territory, means the High Court having territorial jurisdiction in that State or Union territory, as the case may be;]
9[(ia) international application means an application for patent made in accordance with the Patent Cooperation Treaty;]
10[(j) invention means a new product or process involving an inventive step and capable of industrial application;
11[(ja) inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;]]
(k) legal representative means a person who in law represents the estate of a deceased person;
12[(l) new invention means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art;
(la) Opposition Board means an Opposition Board constituted under sub-section (3) of section 25;
(m) patent means a patent for any invention granted under this Act;]
(n) patent agent means a person for the time being registered under this Act as a patent agent;
(o) patented article and patented process mean respectively an article or process in respect of which a patent is in force;
9[(oa) Patent Cooperation Treaty means the Patent Cooperation Treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time;]
(p) patentee means the person for the time being entered on the register as the grantee or proprietor of the patent;
(q) patent of addition means a patent granted in accordance with section 54;
(r) patent office means the patent office referred to in section 74;
(s) person includes the Government;
(t) person interested includes a person engaged in, or in promoting, research in the same field as that to which the invention relates;
13[(ta) pharmaceutical substance means any new entity involving one or more inventive steps;]
14[(u) prescribed means,--
(A) in relation to proceedings before a High Court, prescribed by rules made by the High Court;
15* * ***;
(C) in other cases, prescribed by rules made under this Act;]
(v) prescribed manner includes the payment of the prescribed fee;
(w) priority date has the meaning assigned to it by section 11;
(x) register means the register of patents referred to in section 67;
(y) true and first inventor does not include either the first 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--
(a) to the Controller shall be construed as including a reference to any officer discharging the functions of the Controller in pursuance of section 73;
(b) to the patent office shall be construed as including a reference to any branch office of the patent office.
1****;
(ab) assignee includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person;
2[(aba) Budapest Treaty means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;]
(ac) capable of industrial application, in relation to an invention, means that the invention is capable of being made or used in an industry;]
(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;
3[(d) convention country means a country or a country which is member of a group of countries or a union of countries or an Inter-governmental organisation 4[referred to as a convention country in section 133;]
(e) district court has the meaning assigned to that expression by the Code of Civil Procedure, 1908 (5 of 1908);
(f) exclusive licence means a licence from a patentee which confers on the licensee, or on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and exclusive licensee shall be construed accordingly;
5* * * * *
(h) Government undertaking means any industrial undertaking carried on--
(i) by a department of the Government, or
(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 of the Companies Act, 1956 (1 of 1956), 16[or]
6[(iv) by an institution wholly or substantially financed by the Government;]
7* * * * *
8[(i) High Court, in relation to a State or Union territory, means the High Court having territorial jurisdiction in that State or Union territory, as the case may be;]
9[(ia) international application means an application for patent made in accordance with the Patent Cooperation Treaty;]
10[(j) invention means a new product or process involving an inventive step and capable of industrial application;
11[(ja) inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art;]]
(k) legal representative means a person who in law represents the estate of a deceased person;
12[(l) new invention means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art;
(la) Opposition Board means an Opposition Board constituted under sub-section (3) of section 25;
(m) patent means a patent for any invention granted under this Act;]
(n) patent agent means a person for the time being registered under this Act as a patent agent;
(o) patented article and patented process mean respectively an article or process in respect of which a patent is in force;
9[(oa) Patent Cooperation Treaty means the Patent Cooperation Treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time;]
(p) patentee means the person for the time being entered on the register as the grantee or proprietor of the patent;
(q) patent of addition means a patent granted in accordance with section 54;
(r) patent office means the patent office referred to in section 74;
(s) person includes the Government;
(t) person interested includes a person engaged in, or in promoting, research in the same field as that to which the invention relates;
13[(ta) pharmaceutical substance means any new entity involving one or more inventive steps;]
14[(u) prescribed means,--
(A) in relation to proceedings before a High Court, prescribed by rules made by the High Court;
15* * ***;
(C) in other cases, prescribed by rules made under this Act;]
(v) prescribed manner includes the payment of the prescribed fee;
(w) priority date has the meaning assigned to it by section 11;
(x) register means the register of patents referred to in section 67;
(y) true and first inventor does not include either the first 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--
(a) to the Controller shall be construed as including a reference to any officer discharging the functions of the Controller in pursuance of section 73;
(b) to the patent office shall be construed as including a reference to any branch office of the patent office.
1. Clause (a) omitted by Act 33 of 2021, s. 13 (w.e.f.4-4-2021).
2. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005).
3. Subs. by Act 38 of 2002, s. 3, for clause (d) (w.e.f. 20-5-2003).
4. Subs. by Act 15 of 2005, s. 2, for notified as such under sub-section (1) of section 133 (w.e.f. 1-1-2005).
5. Clause (g) omitted by s. 2, ibid. (w.e.f. 1-1-2005).
6. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005).
7. The words and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council omitted by s. 2, ibid. (w.e.f. 1-1-2005).
8. Subs. by s. 2, ibid., for clause (i) (w.e.f. 1-1-2005).
9. Ins. by Act 38 of 2002, s. 3 (w.e.f. 20-5-2003).
10. Subs. by s. 3, ibid., for clause (j) (w.e.f. 20-5-2003).
11. Subs. by Act 15 of 2005, s. 2, for clause (ja) (w.e.f. 1-1-2005).
12. Subs. by s. 2, ibid., for clauses (l) and (m) (w.e.f. 1-1-2005).
13. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005).
14. Subs. by Act 38 of 2002, s. 3, for clause (u) (w.e.f. 20-5-2003).
15. Sub-clause (B) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
2. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005).
3. Subs. by Act 38 of 2002, s. 3, for clause (d) (w.e.f. 20-5-2003).
4. Subs. by Act 15 of 2005, s. 2, for notified as such under sub-section (1) of section 133 (w.e.f. 1-1-2005).
5. Clause (g) omitted by s. 2, ibid. (w.e.f. 1-1-2005).
6. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005).
7. The words and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council omitted by s. 2, ibid. (w.e.f. 1-1-2005).
8. Subs. by s. 2, ibid., for clause (i) (w.e.f. 1-1-2005).
9. Ins. by Act 38 of 2002, s. 3 (w.e.f. 20-5-2003).
10. Subs. by s. 3, ibid., for clause (j) (w.e.f. 20-5-2003).
11. Subs. by Act 15 of 2005, s. 2, for clause (ja) (w.e.f. 1-1-2005).
12. Subs. by s. 2, ibid., for clauses (l) and (m) (w.e.f. 1-1-2005).
13. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005).
14. Subs. by Act 38 of 2002, s. 3, for clause (u) (w.e.f. 20-5-2003).
15. Sub-clause (B) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
Section 3 What are not inventions.
The following are not inventions within the meaning of this Act,--
(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
1[(b) an invention the primary or intended use or commercial exploitation of which would be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;]
(c) the mere discovery of a scientific principle or the formulation of an abstract theory 2[or discovery of any living thing or non-living substance occurring in nature];
3[(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation.--For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;]
(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
4* * * * *
(h) a method of agriculture or horticulture;
(i) any process for the medicinal, surgical, curative, prophylactic 5[diagnostic, therapeutic] or other treatment of human beings or any process for a similar treatment of animals 6*** to render them free of disease or to increase their economic value or that of their products.
5[(j) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
(k) a mathematical or business method or a computer programme per se or algorithms;
(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
(m) a mere scheme or rule or method of performing mental act or method of playing game;
(n) a presentation of information;
(o) topography of integrated circuits;
(p) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.]
(a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws;
1[(b) an invention the primary or intended use or commercial exploitation of which would be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment;]
(c) the mere discovery of a scientific principle or the formulation of an abstract theory 2[or discovery of any living thing or non-living substance occurring in nature];
3[(d) the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
Explanation.--For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy;]
(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
(f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
4* * * * *
(h) a method of agriculture or horticulture;
(i) any process for the medicinal, surgical, curative, prophylactic 5[diagnostic, therapeutic] or other treatment of human beings or any process for a similar treatment of animals 6*** to render them free of disease or to increase their economic value or that of their products.
5[(j) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
(k) a mathematical or business method or a computer programme per se or algorithms;
(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
(m) a mere scheme or rule or method of performing mental act or method of playing game;
(n) a presentation of information;
(o) topography of integrated circuits;
(p) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.]
1. Subs. by s. 4, ibid., for clause (b) (w.e.f. 20-5-2003).
2. Ins. by s. 4, ibid. (w.e.f. 20-5-2003).
3. Subs. by Act 15 of 2005, s. 3, for clause (d) (w.e.f. 1-1-2005).
4. Clause (g) omitted by Act 38 of 2002, s. 4 (w.e.f. 20-5-2003).
5. Ins. by s. 4, ibid. (w.e.f. 20-5-2003).
6. The words "or plants" omitted by s. 4, ibid. (w.e.f. 20-5-2003).
2. Ins. by s. 4, ibid. (w.e.f. 20-5-2003).
3. Subs. by Act 15 of 2005, s. 3, for clause (d) (w.e.f. 1-1-2005).
4. Clause (g) omitted by Act 38 of 2002, s. 4 (w.e.f. 20-5-2003).
5. Ins. by s. 4, ibid. (w.e.f. 20-5-2003).
6. The words "or plants" omitted by s. 4, ibid. (w.e.f. 20-5-2003).
Section 4 Inventions relating to atomic energy not patentable.
No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962).
Section 5 [Omitted.].
[Inventions where only methods or processes of manufacture patentable.] Omitted by the Patents (Amendment) Act, 2005(15 of 2005), s. 4 (w.e.f. 1-1-2005).
Section 6 Persons entitled to apply for patents.
(1) Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,--
(a) by any person claiming to be the true and first inventor of the invention;
(b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;
(c) by the legal representative of any deceased person who immediately before his death was entitled to make such an application.
(2) An application under sub-section (1) may be made by any of the persons referred to therein either alone or jointly with any other person.
(a) by any person claiming to be the true and first inventor of the invention;
(b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;
(c) by the legal representative of any deceased person who immediately before his death was entitled to make such an application.
(2) An application under sub-section (1) may be made by any of the persons referred to therein either alone or jointly with any other person.
Section 7 Form of application.
(1) Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office.
1[(1A) Every international application under the Patent Cooperation Treaty for a patent, as may be filed designating India, shall be deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India.]
2[(1B) The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty.]
(2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filling of the application, proof of the right to make the application.
(3) Every application under this section shall state that the applicant is in possession of the invention and shall name the 3[person] 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 the person so named to be the true and first inventor.
4[(4) Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.]
1[(1A) Every international application under the Patent Cooperation Treaty for a patent, as may be filed designating India, shall be deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India.]
2[(1B) The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty.]
(2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filling of the application, proof of the right to make the application.
(3) Every application under this section shall state that the applicant is in possession of the invention and shall name the 3[person] 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 the person so named to be the true and first inventor.
4[(4) Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.]
1. Ins. by Act 38 of 2002, s. 6 (w.e.f. 20-5-2003).
2. Ins. by Act 15 of 2005, s. 5 (w.e.f. 1-1-2005).
3. Subs. by s. 5, ibid., for "owner" (w.e.f. 1-1-2005).
4. Subs. by s. 5, ibid., for sub-section (4) (w.e.f. 1-1-2005).
2. Ins. by Act 15 of 2005, s. 5 (w.e.f. 1-1-2005).
3. Subs. by s. 5, ibid., for "owner" (w.e.f. 1-1-2005).
4. Subs. by s. 5, ibid., for sub-section (4) (w.e.f. 1-1-2005).
Section 8 Information and undertaking regarding foreign applications.
(1) Where an applicant for a patent under this Act is prosecuting either alone or jointly with any other person an application for a patent in any country outside India in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application 1[or subsequently 2[within the prescribed period as the Controller may allow]]--
3[(a) a statement setting out detailed particulars of such application; and]
(b) an undertaking that, 4[up to the date of grant of patent in India], he would keep the Controller informed in writing, from time to time, of 5[detailed particulars as required under] 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 filing of the statement referred to in the aforesaid clause within the prescribed time.
6[(2) At any time after an application for patent is filed in India and till the grant of a patent or refusal to grant of a patent made thereon, the Controller may also require the applicant to furnish details, as may be prescribed, relating to the processing of the application in a country outside India, and in that event the applicant shall furnish to the Controller information available to him within such period as may be prescribed.]
3[(a) a statement setting out detailed particulars of such application; and]
(b) an undertaking that, 4[up to the date of grant of patent in India], he would keep the Controller informed in writing, from time to time, of 5[detailed particulars as required under] 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 filing of the statement referred to in the aforesaid clause within the prescribed time.
6[(2) At any time after an application for patent is filed in India and till the grant of a patent or refusal to grant of a patent made thereon, the Controller may also require the applicant to furnish details, as may be prescribed, relating to the processing of the application in a country outside India, and in that event the applicant shall furnish to the Controller information available to him within such period as may be prescribed.]
1. Ins. by Act 38 of 2002, s. 7 (w.e.f. 20-5-2003).
2. Subs. by Act 15 of 2005, s. 6, for certain words (w.e.f. 1-1-2005).
3. Subs. by Act 38 of 2002, s. 7, for clause (a) (w.e.f. 20-5-2003).
4. Subs. by Act 15 of 2005, s. 6, for "upto the date of the acceptance of his complete specification filed in India (w.e.f. 1-1- 2005).
5. Subs. by Act 38 of 2002, s. 7, for "details of the nature referred to in" (w.e.f. 20-5-2003).
6. Subs. by Act 15 of 2005, s. 6, for sub-section (2) (w.e.f. 1-1-2005).
2. Subs. by Act 15 of 2005, s. 6, for certain words (w.e.f. 1-1-2005).
3. Subs. by Act 38 of 2002, s. 7, for clause (a) (w.e.f. 20-5-2003).
4. Subs. by Act 15 of 2005, s. 6, for "upto the date of the acceptance of his complete specification filed in India (w.e.f. 1-1- 2005).
5. Subs. by Act 38 of 2002, s. 7, for "details of the nature referred to in" (w.e.f. 20-5-2003).
6. Subs. by Act 15 of 2005, s. 6, for sub-section (2) (w.e.f. 1-1-2005).
Section 9 Provisional and complete specifications.
1[ (1) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned.]
(2) 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 provisional specifications:
2[Provided that the period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification.]
3[(3) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing 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 of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time before 4[grant of patent], cancel the provisional specification and post-date the application to the date of filing of the complete specification.
(2) 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 provisional specifications:
2[Provided that the period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification.]
3[(3) Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing 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 of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time before 4[grant of patent], cancel the provisional specification and post-date the application to the date of filing of the complete specification.
1. Subs. by s. 7, ibid., for sub-section (1) (w.e.f. 1-1-2005).
2. The proviso ins. by Act 15 of 2005, s. 7 (w.e.f. 1-1-2005).
3. Subs. by s. 7, ibid., for sub-section (3) (w.e.f. 1-1-2005).
4. Subs. by s. 7, ibid., for "the acceptance of the complete specification" (w.e.f. 1-1-2005).
2. The proviso ins. by Act 15 of 2005, s. 7 (w.e.f. 1-1-2005).
3. Subs. by s. 7, ibid., for sub-section (3) (w.e.f. 1-1-2005).
4. Subs. by s. 7, ibid., for "the acceptance of the complete specification" (w.e.f. 1-1-2005).
Section 10 Contents of specifications.
(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 under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.
(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished 1[before the application is found in order for grant of a patent], but such model or sample shall not be deemed to form part of the specification.
(4) Every complete specification shall--
(a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed;
(b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and
(c) end with a claim or claims defining the scope of the invention for which protection is claimed.
2[(d) be accompanied by an abstract to provide technical information on the invention: Provided that--
(i) the Controller may amend the abstract for providing better information to third parties; and
(ii) if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses(a) and (b), and if such material is not available to the public, the application shall be completed by depositing 3[the material to an international depository authority under the Budapest Treaty] and by fulfilling the following conditions, namely:--
4[(A) the deposit of the material shall be made not later than the date of filing the patent application in India and a reference thereof shall be made in the specification within the prescribed period];
(B) all the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution;
(C) access to the material is available in the depository institution only after the date of the application for patent in India or if priority is claimed after the date of the priority;
(D) disclose the source and geographical origin of the biological material in the specification, when used in an invention.]
5[(4A) Incase of an international application designating India, the title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of this Act.]
6[(5) The claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.]
(6) A declaration as to the 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.
(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 which was described in the provisional specification, 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.
(2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.
(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished 1[before the application is found in order for grant of a patent], but such model or sample shall not be deemed to form part of the specification.
(4) Every complete specification shall--
(a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed;
(b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and
(c) end with a claim or claims defining the scope of the invention for which protection is claimed.
2[(d) be accompanied by an abstract to provide technical information on the invention: Provided that--
(i) the Controller may amend the abstract for providing better information to third parties; and
(ii) if the applicant mentions a biological material in the specification which may not be described in such a way as to satisfy clauses(a) and (b), and if such material is not available to the public, the application shall be completed by depositing 3[the material to an international depository authority under the Budapest Treaty] and by fulfilling the following conditions, namely:--
4[(A) the deposit of the material shall be made not later than the date of filing the patent application in India and a reference thereof shall be made in the specification within the prescribed period];
(B) all the available characteristics of the material required for it to be correctly identified or indicated are included in the specification including the name, address of the depository institution and the date and number of the deposit of the material at the institution;
(C) access to the material is available in the depository institution only after the date of the application for patent in India or if priority is claimed after the date of the priority;
(D) disclose the source and geographical origin of the biological material in the specification, when used in an invention.]
5[(4A) Incase of an international application designating India, the title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of this Act.]
6[(5) The claim or claims of a complete specification shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.]
(6) A declaration as to the 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.
(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 which was described in the provisional specification, 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.
1. Subs. by s. 8, ibid., for "before the acceptance of the application" (w.e.f. 1-1-2005).
2. Ins. by Act 38 of 2002, s. 8 (w.e.f. 20-5-2003).
3. Subs. by Act 15 of 2005, s. 8, for certain words (w.e.f. 1-1-2005).
4. Subs. by s. 8, ibid., for sub-clause (A) (w.e.f. 1-1-2005).
5. Subs. by s. 8, ibid., for sub-section (4A) (w.e.f. 1-1-2005).
6. Subs. by Act 38 of 2002, s. 8, for sub-section (5) (w.e.f. 20-5-2003).
2. Ins. by Act 38 of 2002, s. 8 (w.e.f. 20-5-2003).
3. Subs. by Act 15 of 2005, s. 8, for certain words (w.e.f. 1-1-2005).
4. Subs. by s. 8, ibid., for sub-clause (A) (w.e.f. 1-1-2005).
5. Subs. by s. 8, ibid., for sub-section (4A) (w.e.f. 1-1-2005).
6. Subs. by Act 38 of 2002, s. 8, for sub-section (5) (w.e.f. 20-5-2003).
Section 11 Priority dates of claims of a complete specification.
(1) There shall be a priority date for each claim of a complete specification.
(2) 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 direction under sub-section (3) of section 9 as a provisional specification,
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.
(3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed--
(a) in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification;
(b) partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date.
1[(3A) Where a complete specification based on a previously filed application in India has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed.]
(4) Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed.
(5) Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.
(6) In any case to which sub-sections (2), (3), 1[(3A)], (4) and (5) 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.
(7) The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 17 or, as the case may be, ante-dating under section 16, be a reference to the date as so post-dated or ante-dated.
(8) 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 claimed in that claim on or after the priority date of such claim; or
(b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date.
(2) 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 direction under sub-section (3) of section 9 as a provisional specification,
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.
(3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed--
(a) in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification;
(b) partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date.
1[(3A) Where a complete specification based on a previously filed application in India has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed.]
(4) Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed.
(5) Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.
(6) In any case to which sub-sections (2), (3), 1[(3A)], (4) and (5) 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.
(7) The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 17 or, as the case may be, ante-dating under section 16, be a reference to the date as so post-dated or ante-dated.
(8) 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 claimed in that claim on or after the priority date of such claim; or
(b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date.
1. Ins. by Act 15 of 2005, s. 9 (w.e.f. 1-1-2005).
Section 11A Publication of applications.
1 , 2[11A. Publication of applications.-- 3[(1) Save as otherwise provided, no application for patent shall ordinarily be opened to the public for such period as may be prescribed.
(2) The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible.
(3) Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application--
(a) in which secrecy direction is imposed under section 35; or
(b) has been abandoned under sub-section (1) of section 9; or
(c) has been withdrawn three months prior to the period specified under sub-section (1)].
(4) In case a secrecy direction has been given in respect of an application under section 35, then, it shall be published after the expiry of the period 4[prescribed under sub-section (1)] or when the secrecy direction has ceased to operate, whichever is later.
(5) The publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract.
(6) Upon publication of an application for a patent under this section--
(a) the depository institution shall make the biological material mentioned in the specification available to the public;
(b) the patent office may, on payment of such fee as may be prescribed, make the specification and drawings, if any, of such application available to the public.
5[(7) On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application:
Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted:
Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent:
Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of January, 2005 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises.]
(2) The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible.
(3) Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application--
(a) in which secrecy direction is imposed under section 35; or
(b) has been abandoned under sub-section (1) of section 9; or
(c) has been withdrawn three months prior to the period specified under sub-section (1)].
(4) In case a secrecy direction has been given in respect of an application under section 35, then, it shall be published after the expiry of the period 4[prescribed under sub-section (1)] or when the secrecy direction has ceased to operate, whichever is later.
(5) The publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract.
(6) Upon publication of an application for a patent under this section--
(a) the depository institution shall make the biological material mentioned in the specification available to the public;
(b) the patent office may, on payment of such fee as may be prescribed, make the specification and drawings, if any, of such application available to the public.
5[(7) On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application:
Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted:
Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent:
Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of January, 2005 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises.]
1. Subs. by Act 38 of 2002, s. 9, for the Chapter heading "EXAMINATION OF APPLICATION" (w.e.f. 20-5-2003).
2. Ins. by s. 9, ibid. (w.e.f. 20-5-2003).
3. Subs. by Act 15 of 2005, s. 10, for sub-sections (1) to (3) (w.e.f. 1-1-2005).
4. Subs. by Act 15 of 2005, s. 10, for "of eighteen months" (w.e.f. 1-1-2005).
5. Ins. by s. 10, ibid. (w.e.f. 1-1-2005).
2. Ins. by s. 9, ibid. (w.e.f. 20-5-2003).
3. Subs. by Act 15 of 2005, s. 10, for sub-sections (1) to (3) (w.e.f. 1-1-2005).
4. Subs. by Act 15 of 2005, s. 10, for "of eighteen months" (w.e.f. 1-1-2005).
5. Ins. by s. 10, ibid. (w.e.f. 1-1-2005).
Section 11B Request for examination.
1[11B. Request for examination.--2[(1) No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period.]
3* * * * *
4[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.]
(4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1)5*** or sub-section (3), the application shall be treated as withdrawn by the applicant:
6[Provided that--
(i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and
(ii) in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.]
3* * * * *
4[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.]
(4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1)5*** or sub-section (3), the application shall be treated as withdrawn by the applicant:
6[Provided that--
(i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and
(ii) in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.]
1. Ins. by s. 9, ibid. (w.e.f. 20-5-2003).
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-1-2005).
3. Sub-section (2) omitted by s. 11, ibid. (w.e.f. 1-1-2005).
4. Subs. by s. 11, ibid., for sub-section (3) (w.e.f. 1-1-2005).
5. The words, brackets and figure "or sub-section (2)" omitted by s. 11, ibid. (w.e.f. 1-1-2005).
6. Subs. by s. 11, ibid., for the proviso (w.e.f. 1-1-2005).
2. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-1-2005).
3. Sub-section (2) omitted by s. 11, ibid. (w.e.f. 1-1-2005).
4. Subs. by s. 11, ibid., for sub-section (3) (w.e.f. 1-1-2005).
5. The words, brackets and figure "or sub-section (2)" omitted by s. 11, ibid. (w.e.f. 1-1-2005).
6. Subs. by s. 11, ibid., for the proviso (w.e.f. 1-1-2005).
Section 12 Examination of application.
1[(1) When a request for examination has been made in respect of an application for a patent in the prescribed manner 2[under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller] to an examiner for making a report to him in respect of the following matters, namely:--
(a) whether the application and the 3[specification and other documents 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 grant of the patent under this Act in pursuance of the application;
(c) the result of investigations made under section 13; and
(d) any other matter which may be prescribed.
(2) The examiner to whom the application and the 3[specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within 4[such period as may be prescribed].
(a) whether the application and the 3[specification and other documents 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 grant of the patent under this Act in pursuance of the application;
(c) the result of investigations made under section 13; and
(d) any other matter which may be prescribed.
(2) The examiner to whom the application and the 3[specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within 4[such period as may be prescribed].
1. Subs. by Act 38 of 2002, s. 10, for certain words (w.e.f. 20-5-2003).
2. Subs. by Act 15 of 2005, s. 12, for certain words, brackets, figures and letter (w.e.f. 1-1-2005).
3. Subs. by Act 38 of 2002, s. 10, for "specification relating thereto" (w.e.f. 20-5-2003).
4. Subs. by Act 15 of 2005, s. 12, for "a period of eighteen months from the date of such reference" (w.e.f. 1-1-2005).
2. Subs. by Act 15 of 2005, s. 12, for certain words, brackets, figures and letter (w.e.f. 1-1-2005).
3. Subs. by Act 38 of 2002, s. 10, for "specification relating thereto" (w.e.f. 20-5-2003).
4. Subs. by Act 15 of 2005, s. 12, for "a period of eighteen months from the date of such reference" (w.e.f. 1-1-2005).
Section 13 Search for anticipation by previous publication and by prior claim.
(1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification--
(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 1st day of January, 1912;
(b) is claimed in any claim of any other complete specification published on or after the date of filing of the applicant's complete specification, being a specification filed in pursuance of an application 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 1*** 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 applicants complete specification.
(3) Where a complete specification is amended under the provisions of this Act before 2[the grant of a a patent], the amended specification shall be examined and investigated in like manner as the original specification.
(4) The examination and investigations required under section 12 and this 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.
(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 1st day of January, 1912;
(b) is claimed in any claim of any other complete specification published on or after the date of filing of the applicant's complete specification, being a specification filed in pursuance of an application 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 1*** 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 applicants complete specification.
(3) Where a complete specification is amended under the provisions of this Act before 2[the grant of a a patent], the amended specification shall be examined and investigated in like manner as the original specification.
(4) The examination and investigations required under section 12 and this 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.
1. The words "as the Controller may direct" omitted by Act 38 of 2002, s. 11 (w.e.f. 20-5-2003).
2 . Subs. by Act 15 of 2005, s. 13, for "it has been accepted" (w.e.f. 1-1-2005).
2 . Subs. by Act 15 of 2005, s. 13, for "it has been accepted" (w.e.f. 1-1-2005).
Section 14 Consideration of report of examiner by Controller.
1[14. Consideration of report of examiner by Controller.-- Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard.]
1. Subs. by s. 14, ibid., for sections 14 and 15 (w.e.f. 1-1-2005).
Section 15 Power of Controller to refuse or require amended applications, etc., in certain cases.
1[15. Power of Controller to refuse or require amended applications, etc., in certain cases.--Where the Controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the application on failure to do so.]
1. Subs. by s. 14, ibid., for sections 14 and 15 (w.e.f. 1-1-2005).
Section 16 Power of Controller to make orders respecting division of application.
(1) A person who has made an application for a patent under this Act may, at any time 1[before the grant of the patent], if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete 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.
(2) The further application under sub-section (1) shall be accompanied 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 original or the further application as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in the other.
2[Explanation.-- For the purposes of this Act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period.]
(2) The further application under sub-section (1) shall be accompanied 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 original or the further application as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in the other.
2[Explanation.-- For the purposes of this Act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period.]
1. Subs. by Act 15 of 2005, s. 15, for "before the acceptance of the complete specification" (w.e.f. 1-1-2005).
2. Subs. by s. 15, ibid., for the Explanation (w.e.f. 1-1-2005).
2. Subs. by s. 15, ibid., for the Explanation (w.e.f. 1-1-2005).
Section 17 Power of Controller to make orders respecting dating of application.
(1) Subject to the provisions of section 9, at any time after the filing of an application and 1[before the grant of the patent] under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specified in the request, and proceed with the application accordingly:
Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made.
2[(2) Where an application or specification (including drawings) or any other documents is required to to be amended under section 15, the application or specification or other document 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 specification or other document is returned to the applicant, on the date on which it is refiled after complying with the requirement.]
Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made.
2[(2) Where an application or specification (including drawings) or any other documents is required to to be amended under section 15, the application or specification or other document 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 specification or other document is returned to the applicant, on the date on which it is refiled after complying with the requirement.]
1. Subs. by s. 16, ibid., for "before the acceptance of the complete specification" (w.e.f. 1-1-2005).
2. Subs. by Act 38 of 2002, s. 13, for sub-section (2) (w.e.f. 20-5-2003).
2. Subs. by Act 38 of 2002, s. 13, for sub-section (2) (w.e.f. 20-5-2003).
Section 18 Powers of Controller in cases of anticipation.
(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 1[the application] unless the applicant--
(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 Controller.
(2) If 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 applicants 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 priority date of the claim of the said other specification; or
(b) the complete specification is amended to the satisfaction of the Controller.
(3) If it appears to the Controller, as a result of an investigation under section 13 or otherwise,--
(a) that the invention so far as claimed in any claim of the 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 on or after the priority date of the applicant's claim,
then, unless it is shown to the satisfaction of the Controller that the priority date of the applicant's claim is not later than the priority date of the claim of that specification, the provisions of sub-section (2) shall apply thereto in the same manner as they apply to a specification published on or after the date of filing of the applicant's complete specification.
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(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 Controller.
(2) If 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 applicants 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 priority date of the claim of the said other specification; or
(b) the complete specification is amended to the satisfaction of the Controller.
(3) If it appears to the Controller, as a result of an investigation under section 13 or otherwise,--
(a) that the invention so far as claimed in any claim of the 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 on or after the priority date of the applicant's claim,
then, unless it is shown to the satisfaction of the Controller that the priority date of the applicant's claim is not later than the priority date of the claim of that specification, the provisions of sub-section (2) shall apply thereto in the same manner as they apply to a specification published on or after the date of filing of the applicant's complete specification.
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1. Subs. by Act 15 of 2005, s. 17, for "to accept the complete specification" (w.e.f. 1-1-2005).
2. Sub-section (4) omitted by Act 15 of 2005, s. 17 (w.e.f. 1-1-2005).
2. Sub-section (4) omitted by Act 15 of 2005, s. 17 (w.e.f. 1-1-2005).