Section 41 – Finality of Orders of Controller and Central Government.
Regarding secrecy of Applications; orders and directions of the Controller and the Central Government will be final. They are not subject to argument in any court for any reason.
Regarding secrecy of Applications; orders and directions of the Controller and the Central Government will be final. They are not subject to argument in any court for any reason.
If a patent applicant is died after a patent is granted or if a Company or Institution is an applicant and is closed permanently even before the patent is granted the Controller shall substitute the name with another person as who might be a legal representative of the deceased person and the patent will continue…
Conditions of Patent Grant: Patent for a product or machine or process used to produce a product or any product for which a patent is granted shall be used by the government for its own purpose in any manner Any person shall use a patent granted without the permission of the applicant if it is…
If one or many of the co-owners of a granted patent applies to the controller when any one or many co-owners opposes the sale or license of the patent, as per the application submitted to the controller he may decide and direct the patent owners as he thinks that is right. If any person other…
When an opposition is filed and the applicant or patentee is applying for an extension of time, the Controller need not give any notice to or even hear the opposition party and no appeal shall prohibit the Controller from granting such extensions.
General Considerations are patents are granted to encourage inventions and to provide security to the inventions that they are worked in India on a Commercial Scale to the fullest without delay; patents are not granted merely to enable monopolies to enjoy the importation of patented articles; Protection and enforcement of rights are to promote technological…
After 3 years from the date of grant of any patent, any person may make an application to the controller requesting for compulsory grant if, the patented invention has not fulfilled the requirements of the public; or the patented invention is not affordable for the public; or the patented invention is not working / worked…
After the grant of Compulsory license, 2 years from the date of such license grant; if the invention has still not solved the requirements of the public or found non working in India or not affordable to the public any person or the Central Government may apply to the Controller to revoke the Patent If…
If the Controller is convinced that the time after the patent was granted was not sufficient for the patentee to commercialize the invention to its fullest scale or make it worked within India or has not satisfied the requirements of the public; he may adjourn the application for Compulsory licenses for period not more than…
If the Controller is convinced that a Compulsory license shall be grant for a Patent as per the application filed; the Controller shall direct the applicant for Compulsory License to issue copies of that application to the Patentee and all other persons with regard to the patent as per the registry who hold interest in…