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.
In the absence of directions from the Controller, evidence shall be given by affidavit and if the Controllers thinks it right, oral evidence shall be taken instead of or along with the evidence by an affidavit or may allow any party to be cross examined as per the affidavit.
The Controller may, before exercising adverse to an applicant; if within a time period the applicant files an application at least before 10 days of the expiry of the time limit, properly requesting to be heard, the Controller may hear him before exercising his discretionary powers.
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.
Patented article includes even a product made by a patented process. Patentee includes even an exclusive licensee.
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…
As per section 84, if the Controller is convinced that the patentee is imposing or has imposed conditions upon a person using or requesting for using the license of the patent (the applicant of compulsory license) to manufacture, use or sell any materials which are not actually protected by the patent for the purpose of…