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.
If an Indian patented product or process is used in a foreign country registered ship or flight or any transporting vehicle, when it enters the Indian boundaries temporarily or accidentally by land or water or air; it does not be considered to be an infringement of the patent when used within the machine as an…
Unless an agreement is made between applicants is made separately and valid; any many applicants of a patent will have equal share. Each person as an applicant of a patent owns his rights individually as an owner of the property with his share to do anything as per the law without the permission of other…
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…
If a granted patent is cancelled (revoked) based on a petition from another person who claims that the invention for which the patent was granted was stolen or obtained from him; then the court or appellate board will direct the person who got the patent granted to make changes in the complete draft removing the…
Those patents with validity and granted after 2002 [Patents (amendment) Act, 2002] will have a validity of 20 years from the date of filing the application. For international applications filed under PCT designating India, the validity shall be 20 years from the date of international filing as per PCT. If the renewal fee to the…
If a patented filed invention (legally called the main invention) is modified with significance and the older patent is in the name of the same applicant, then the applicant shall file for a patent of addition request and the controller shall grant the patent for the improvement made. If a patent granted invention is modified and…
Validity of Patents of Addition will be same as the main invention and the protection will expire as on the date of expiry of the main invention. If the applicant requests to consider the patent of addition as a new or independent patent and if the Controller permits the applicant so, the patent shall continue…
The grant of any patent of addition shall not be refused or revoked (cancelled) after grant just because it does not have any inventive step compared to the main invention or by the aspect that if the improvements provided are ought to be a new invention / independent invention in any manner. The previous invention’s…
When a patent application is filed, the Controller holds the rights and shall request the applicant to amend (make modifications) in the draft or any document related as the Controller thinks if any change is needed. the same or any order regarding amendment shall not be passed by the Controller if any case on infringement…
If any case of infringement of a patent is proceeding in the Appellate Board or the High Court; they may request the patentee to amend (make modifications) the application as it fits to be non-infringing with consideration the terms on cost, advertisement, etc., instead of directly invalidating or revoking the patent. If such an appeal…