April 2024

Rights of patentees of lapsed patents which have been restored (1) Where a patent isrestored, the rights of the patentee shall be subject to such provisions as may beprescribed and to such other provisions as the Controller thinks fit to impose for theprotection or compensation of persons who may have begun to avail themselves of, […]

Procedure for disposal of applications for restoration of lapsed patents (1) If, afterhearing the applicant in cases where the Applicant so desires or the Controller thinks fit,the Controller is prima facie satisfied that the failure to pay the renewal fee wasunintentional and that there has been no undue delay in the making of the application,

Applications for restorations of lapsed patents (1) Where a patent has ceased to haveeffect by reason of failure to pay any renewal fee within the period prescribed undersection 53 or within such period as may be allowed under sub-section (4) of section 142, thepatentee or his legal representative, and where the patent was held by

Supplementary provisions as to amendment of application or specification ( 1)Noamendment of an application for a patent or a complete specification or any documentrelating thereto shall be made except by way of disclaimer, correction or explanation, andno amendment thereof shall be allowed, except for the purpose of incorporation of actualfact, and no amendment of a

Amendment of specification before Appellate Board or High Court (1) In any proceedingbefore the Appellate Board or the High Court for the revocation of a patent, the AppellateBoard or the High Court, as the case may be, may, subject to the provisions contained insection 59, allow the patentee to amend his complete specification in such

Amendment of application and specification or any document relating thereto before Controller —(1) Subject to the provisions of section 59, the Controller may, upon applicationmade under this section in the prescribed manner by an applicant for a patent or by apatentee, allow the application for the patent or the complete specification or anydocument relating thereto

Validity of patents of addition —(1) The grant of a patent of addition shall not be refused,and a patent granted as a patent of addition shall not be revoked or invalidated, on theground only that the invention claimed in the complete specification does not involve anyinventive step having regard to any publication or use of—(a)

Term of patents of addition —(1) A patent of addition shall be granted for a term equal tothat of the patent for the main invention, or so much thereof as has not expired, and shallremain in force during that term or until the previous cesser of the patent for the maininvention and no longer:Provided that

Patents of addition (1)Subject to the provisions contained in thissection, where an application is made for a patent in respect of any improvement in ormodification of an invention described or disclosed in the complete specification filedtherefor (in this Act referred to as the “main invention”) and the applicant also applies orhas applied for a patent

Term of patent (1) Subject to the provisions of this Act, the term of every patent granted,after the commencement of the Patents (Amendment) Act, 2002, and the term of everypatent which has not expired and has not ceased to have effect, on the date of suchcommencement, under this Act, shall be twenty years from the