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Contents
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Sections
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Particulars
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Chapter I
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Preliminary
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1
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Short title, extent and commencement
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2
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Definitions and interpretation
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Chapter II
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Inventions Not
Patentable
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3
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What are not inventions
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4
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Inventions relating to atomic energy not patentable
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5
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Inventions where only methods or processes of manufacture patentable.
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Chapter III
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Applications For
Patents
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6
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Persons entitled to apply for patents
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7
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Form of application
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8
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Information and undertaking regarding foreign applications
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9
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Provisional and complete specifications
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10
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Contents of specifications
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11
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Priority dates of claims of a complete specification
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Chapter IV
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Examination Of
Applications
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12
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Examination of application
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13
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Search for anticipation by previous publication and by prior claim
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14
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Consideration of report of examiner by Controller
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15
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Power of Controller to refuse or require amended applications in certain cases
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16
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Power of Controller to make orders respecting division of application
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17
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Power of Controller to make orders respecting dating of application.
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18
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Powers of Controller in cases of anticipation
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19
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Powers of Controller in case of potential infringement
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20
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Powers of Controller to Make orders regarding substitution of applicants, etc.
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21
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Time for putting application in order for acceptance
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22
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Acceptance of complete specification
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23
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Advertisement of acceptance of complete specification
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24
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Effect of acceptance of complete specification
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Chapter IVA
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Exclusive Marketing
Rights
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24A
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Application for grant of exclusive rights
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24B
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Grant of exclusive rights
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24C
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Compulsory licenses
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24D
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Special provision for selling or distribution
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24E
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Suits relating to infringements
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24F
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Central Government and its officers not to be liable
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Chapter V
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Opposition To Grant
Of Patent
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25
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Opposition to grant of patent
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26
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In cases of "obtaining" controller may treat application as application of opponent
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27
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Refusal of patent without opposition
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28
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Mention of inventor as such in patent Refusal of patent without opposition
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Chapter VI
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Anticipation
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29
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Anticipation by previous publication
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30
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Anticipation by previous communication to government
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31
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Anticipation
by public display, etc.
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32
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Anticipation by public working
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33
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Anticipation by use and publication after provisional specification
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34
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No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
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Chapter VII
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Provisions For
Secrecy Of Certain Inventions
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35
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Secrecy
directions relating to inventions relevant for defense purposes
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36
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Secrecy directions to be periodically reviewed
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37
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Consequences of secrecy directions
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38
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Revocation of secrecy, directions and extension of time
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39
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3* * *
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40
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Liability for contravention of section 35 or section 39
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41
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Finality of orders of Controller and Central Government
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42
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Saving respecting disclosure to government
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Chapter VIII
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Grant And Sealing Of
Patents And Rights Conferred Thereby
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43
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Grant and sealing of patent
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44
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Amendment of patent granted to deceased applicant
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45
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Date of patent
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46
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Form, extent and effect of patent
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47
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Grant of patents to be subject to certain conditions
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48
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Rights of patentees
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49
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Patent rights not infringed when used on foreign vessels, etc. temporarily or accidentally in India
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50
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Rights of co-owners of patents
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51
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Power of Controller to give directions to co-owners
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52
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Grant of patent to true and first inventor where it has been obtained by another in fraud of him
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53
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Term of patent
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Chapter IX
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Patents Of Addition
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54
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Patents of addition
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55
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Term of patents of addition
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56
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Validity of patents of addition
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Chapter X
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Amendment Of
Applications And Specifications
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57
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Amendment of application and specification before Controller
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58
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Amendment of specification before High Court
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59
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Supplementary provisions as to amendment of application or specification
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Chapter XI
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Restoration Of
Lapsed Patents
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60
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Applications for restoration of lapsed patents
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61
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Procedure for disposal of applications for restoration of lapsed patents
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62
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Rights of patentees of lapsed patents which have been restored
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Chapter XII
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Surrender And
Revocation Of Patents
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63
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Surrender of patents
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64
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Revocation of patents
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65
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Revocation of patent or amendment of complete specification on directions from Central Government in cases relating to atomic energy
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66
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Revocation of patent in public interest
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Chapter XIII
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Register Of Patents
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67
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Register of patents and particulars to be entered therein
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68
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Assignments, etc. not to be valid unless in writing and registered
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69
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Registration of assignments, transmissions, etc.
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70
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Power of registered grantee or proprietor to deal with patent
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71
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Rectification of register by High Court
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72
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Register to be open for inspection
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Chapter XIV
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Patent Office And
Its Establishment
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73
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Controller and other officers
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74
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Patent office and its branches
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75
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Restriction on employees of patent office as to right or interest in patents
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76
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Officers and employees not to furnish information, etc.
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Chapter XV
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Powers Of Controller
Generally
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77
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Controller to have certain powers of a civil court
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78
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Power of Controller to correct clerical errors, etc.
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79
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Evidence how to be given and powers of Controller in respect thereof
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80
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Exercise of discretionary powers by Controller
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81
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Disposal by Controller of applications for extension of time
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Chapter XVI
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Working Of Patents,
Compulsory Licences, Licences Of Right And Revocation
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82
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Definitions of patented article and patentee
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83
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General principles applicable to working of patented inventions
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84
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Compulsory licenses
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85
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Matters to be taken into account in granting compulsory licenses
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86
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Endorsement of patent with the words licenses of right
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87
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Certain patents deemed to be endorsed with the words licenses of right
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88
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Effect of endorsement of patent with the words licenses of right
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89
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Revocation of patents by the Controller for non-working
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90
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When reasonable requirements of the public deemed not satisfied
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91
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Power of Controller to adjourn applications for compulsory licenses, etc. in certain cases
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92
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Procedure for dealing with applications under sections 84, 86 and 89
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93
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Powers of Controller in granting compulsory licenses
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94
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General purposes for granting compulsory licenses
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95
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Terms and conditions of compulsory licenses
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96
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Licensing of related patents
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97
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Special provision for compulsory licenses on notification by Central Government
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98
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Order for license to operate as a deed between parties concerned
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Chapter XVII
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Use Of Inventions
For Purposes Of Government And Acquisition Of Inventions By Central
Government
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99
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Meaning of use of invention for purposes of government
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100
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Power of Central Government to use inventions for purposes of government
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101
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Right of third parties in respect of use of invention for purposes of government
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102
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Acquisition of inventions and patents by the Central Government
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103
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Reference to High Court of disputes as to use for purposes of government
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Chapter XVIII
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Suits Concerning
Infringement Of Patents
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104
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Jurisdiction
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105
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Power of court to make declaration as to non-infringement
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106
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Power of court to grant relief in cases of groundless threats of infringement proceedings
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107
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Defenses, etc in suits for infringement
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108
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Relief’s in suits for infringement
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109
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Right of exclusive licensee to take proceedings against infringement
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110
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Right of licensee under section 84 to take proceedings against infringement
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111
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Restriction on power of court to grant damages or an account of profits for infringement
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112
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Restriction on power of court to grant injunction in certain cases
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113
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Certificate of validity of specification and costs of subsequent suits for infringement thereof
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114
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Relief for infringement of partially valid specification
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115
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Scientific advisers
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Chapter XIX
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Appeals
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116
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Appeals
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117
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Procedure for hearing of appeals
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Chapter XX
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Penalties
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118
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Contravention of secrecy provisions relating to certain inventions
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119
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Falsification of entries in register, etc.
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120
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Unauthorized claim of patent rights
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121
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Wrongful use of words, "patent office"
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122
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Refusal or failure to supply information
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123
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Practice by non-registered patent agents
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124
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Offences by companies
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Chapter XXI
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Patent Agents
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125
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Register of patent agents
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126
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Qualifications for registration as patent agents
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127
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Rights of patent agents
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128
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Subscription and verification of certain documents by patent agents
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129
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Restrictions on practice as patent agents
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130
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Removal from register of patent agents and restoration
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131
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Power of Controller to refuse to deal with certain agents
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132
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Saving in respect of other persons authorized to act as agents
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Chapter XXII
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International
Arrangements
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133
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Notification as to convention countries
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134
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Notification as to countries not providing for reciprocity
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135
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Convention applications
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136
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Special provisions relating to convention applications
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137
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Multiple priorities
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138
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Supplementary provisions as to convention applications
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139
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Other provisions of Act to apply to convention applications
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Chapter XXIII
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Miscellaneous
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140
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Avoidance of certain restrictive conditions
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141
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Determination of certain contracts
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142
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Fees
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143
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Restrictions upon publication of specifications
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144
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Reports of examiners to be confidential
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145
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Publication of patented inventions
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146
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Power of Controller to call for information from patentees
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147
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Evidence of entries, documents, etc.
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148
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Declaration by infant, lunatic, etc.
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149
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Service of notices, etc. by post
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150
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Security for-costs
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151
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Transmission
of orders of courts to Controller
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152
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Transmission of copies of specifications, etc. and inspection thereof
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153
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Information relating to patents
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154
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Loss or destruction of patents
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155
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Reports of Controller to be placed before Parliament
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156
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Patent to bind government
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157
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Right of government to sell or use forfeited articles
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157A
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Protection of security of India
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158
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Power of High Courts to make rules
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159
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Power of Central Government to make rules
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160
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Rules to be placed before Parliament
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161
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Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911
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162
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Repeal of Act 2 of 1911 insofar as it relates to patents and saving
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163
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Amendment of Act 43 of 1958
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Schedule
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Amendments Of The Indian Patents And Designs Act, 1911
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Foot Notes
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