Patents Act · Chapter XXIII
Miscellaneous
Chapter XXIII of the Patents Act, 1970 contains 25 sections, of which 3 have been omitted. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the rules it connects to.
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25
Sections in this chapter
22
In force
3
Omitted
140–163
Section numbers
- 140Avoidance of certain restrictive conditionsMakes certain restrictive conditions in patent sale, lease and licence contracts void and unenforceable in India.
- 141Determination of certain contractsLets either party end a patent licence or related contract on three months notice once the patent behind it ceases to have effect.
- 142FeesSection 142 makes fees payable for patent applications, grants and other steps, and stops the Patent Office acting until they are paid.
- 143Restrictions upon publication of specificationSection 143 keeps a patent application and its specification confidential at the Patent Office until the application is published.
- 144Reports of examiners to be confidentialSection 144 makes an examiner's report to the Controller confidential and shields it from production in court without judicial permission.
- 145Publication of official journalSection 145 requires the Controller to publish an official journal carrying the notices and information the Act says must be made public.
- 146Power of Controller to call for information from patenteesSection 146 lets the Controller demand information on how a patented invention is being worked in India, and requires periodic working statements.
- 147Evidence of entries, documents, etc.Section 147 makes the Controller's certificates and sealed certified copies admissible as evidence without producing the original patent office records.
- 148Declaration by infant, lunatic, etc.Section 148 lets a guardian or court-appointed person act under the Patents Act for someone legally incapable of acting for themselves.
- 149Service of notices, etc., by postSection 149 allows notices and documents under the Act to be sent by post and treats them as served when ordinary post would deliver them.
- 150Security for costsSection 150 lets the Controller require a party with no Indian residence or business to give security for costs in office proceedings.
- 151Transmission of orders of courts to ControllerSection 151 requires courts to send their patent orders and judgments to the Controller so the register reflects what the courts have decided.
- 152Transmission of copies of specifications, etc., and inspection thereof OmittedSection 152, which required the Controller to send patent documents to designated places for public inspection, has been omitted from the Act.
- 153Information relating to patentsSection 153 gives any person the right, on request and payment of the fee, to obtain prescribed information about a specified patent or application.
- 154Loss or destruction of patentsSection 154 allows the Controller to issue a duplicate patent where the original has been lost or destroyed or cannot be produced.
- 155Reports of Controller to be placed before ParliamentSection 155 requires the Central Government to place an annual report on the working of the Patents Act before both Houses of Parliament.
- 156Patent to bind GovernmentSection 156 makes a patent effective against the Government in the same way as against any other person, subject to the Act's own exceptions.
- 157Right of Government to sell or use forfeited articlesSection 157 allows the Government to sell or use articles forfeited under customs or excise law despite any patent covering them.
- 157AProtection of security of IndiaSection 157A lets the Central Government withhold information and take action, including revoking a patent, where the security of India requires it.
- 158Power of High Courts to make rulesSection 158 empowers a High Court to make rules, consistent with the Act, governing procedure for patent proceedings before it.
- 159Power of Central Government to make rulesSection 159 lets the Central Government make rules that turn the broad commands of the Patents Act into working office procedure.
- 160Rules to be placed before ParliamentSection 160 requires every rule made under the Patents Act to be laid before both Houses of Parliament, which may change or cancel it.
- 161Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911 OmittedSection 161 was a transitional provision for old applications treated as refused under the 1911 law; it has since been omitted.
- 162Repeal of Act 2 of 1911 in so far as it relates to patents and savingsSection 162 repealed the patent parts of the 1911 Act while saving everything lawfully done under that older law.
- 163Amendment of Act 43 of 1958 OmittedSection 163 made a consequential change to the Trade and Merchandise Marks Act, 1958 and has since been omitted from the Patents Act.