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Patents Act, 1970

162. Repeal of Act 2 of 1911 insofar as it relates to patents and saving

(1) The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say the said Act shall be amended in the manner specified in the schedule.

(2) Notwithstanding the repeal of the Indian Patents and Designs Act, 1911, insofar as it relates to patents-

(a) the provisions of section 21A of that Act and of any rules made thereunder shall continue to apply in relation to any patent granted before the commencement of this Act in pursuance of that section, and

(b) the renewal fee in respect of a patent granted under this Act shall be as fixed thereunder.

(3) Save as otherwise provided in sub-section (2), the provisions of this Act shall apply to any application for r a patent pending at the commencement of this Act and to any proceedings consequent thereon and any patent granted in pursuance thereof.

(4) The mention of particular matters in this section shall not prejudice the general application of the General Clauses Act, 1897, (10 of 1897) with respect to repeals.

(5) Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed.

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