Category: Indian Patents Act – 1970 – The Laymen’s Language

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.

Section 39 – Residents not to apply for Patents outside India without Prior Permission

Indian residents shall not apply for a patent in a foreign country without the prior written and approved permission of the Controller. Applications for grant of patent shall be applied to foreign countries only if, an Indian Patent Application is filed at least 6 weeks before filing the foreign application. no direction of secrecy is…

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Section 40 – Liability for Contravention of Section 35 or Section 39.

If any person contravenes with the section 35 and 39 regarding the law on secrecy enforcement by the Central Government of India and files for a patent grant outside India with prior permission in all manners; he may be imprisoned for a minimum of two years or shall be imposed with a fine or both…

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Section 44 – Amendment of Patent Granted to Deceased Applicant

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…

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Section 47 – Grant of Patents Subject to Certain Conditions

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…

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