This section discusses in detail about patents and its essentiality in the global business market.
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shall lie with the Controller and even if the application is eligible for grant of Patent, the application shall not be published and…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.
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…
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…