This section discusses section by section of the Indian Patents Act, 1970 in detail in the laymen’s language for easy understanding purposes.
This blog shall not considered a study material or a law book for Indian Patents Act. It is just a brief for understanding purposes about the act and its sections in normal English.
Anything published or available in the public domain as a document or blog or patent or journal or commercial product relating to the claims of a patent application are called “Anticipations by Previous Publication” If the claim of an invention was published after any patent application made in India before 1 January 1912 it shall…
If any invention is disclosed to the government or its authorized officials for the purpose of investigation / by request from Government or for Competition even before filing the patent application, that disclosure or communication will not be considered as an Anticipation.
Any invention applied for patent by a Complete Specification, though displayed in public places such as exhibitions, industrial fairs before applying for patent will not be considered as an anticipation only if, the invention is displayed or the description of the invention is published by the original inventor or by anyone after obtaining the consent…
It will not be considered as anticipation, if an invention was used or worked publicly in India by the original inventors or by anyone with the consent of the original inventors for the purpose of trial and if it was by necessity that the invention had to be used in that situation during the period…
If an invention is used or displayed in the public view after a provisional patent application is filed (usually one year period before filing a complete patent application) that disclosures will not be considered as anticipations. Provided the disclosure should be made carefully limiting within the claims of the complete specification and as crisp as…
Apart from those exclusions mentioned in sections 29, 30, 31 and 32. Any other disclosure by any means will be considered as anticipations without any deviation.
If the controller as directed by the Central Government of India on the various classes of inventions related to the defence of India finds any invention relating to the defence of the Country will notify the Central Government regarding the invention. If the Central Government finds the Patent application to impact on the defence of…
Patent applications for inventions under the secrecy directions of the Central Government will be periodically reviewed by the Central Government or as per the requests made by the inventor (applicant) and if the Central Government considers that the disclosure of the invention will not affect the defence of the country or if the application is…
Until when the secrecy directions are implied on any Patent Application The Controller shall not pass any order the the applicant or the inventors refusing the grant of the patent No appeals shall lie with the Controller and even if the application is eligible for grant of Patent, the application shall not be published and…
After the secrecy directions are revoked by the Controller even if the time for executing certain tasks have crossed the preassigned time limits the Controller at his discretion shall extend the time for doing anything as per the Act pertaining to the application.