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Patents Act, 1970


161. Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911

(1) Where, as a result of action taken by the Controller under section 12 of the Atomic Energy Act, 1948 (29 of 1948) or under section 20 of the Atomic Energy Act, 1962 (33 of 1962) an application for a patent made before the commencement of this Act could not be accepted, within the time specified for the purpose in the Indian Patents, and Designs Act, 1911 (2 of 1911) (hereafter in this section referred to as the repealed Act), and, consequently, was deemed to have been refused by reason of sub-section (4) of section 5 of the repealed Act, the application may if the applicant or, if he is dead his legal representative, makes a request in that behalf to the Controller in the prescribed manner within three months from the commencement of this Act, be revived and shall be disposed of as i f it were an application pending at the commencement of this Act to which the provisions of this Act apply by reason of sub-section (3) of section 62.

(2) The Controller may, before proceeding to act upon any such request as is referred to in sub-section (1), refer the matter to the Central Government for directions as to whether the invention is one relating to atomic energy and shall act in conformity with the directions issued by it.

(3) Where in pursuance of any such application as is referred to in sub-section (1) a patent is granted, the rights of the patentee shall be subject to such conditions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention before the date of advertisement of the acceptance of the complete specification.

(4) A patent granted in pursuance of any such application as is referred to in sub-section (1) shall be dated as of the date on which the request for reviving such application was made under sub-section (1).



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