April 22, 2024

Section 10 – THE PATENTS ACT, 1970

Contents of specifications (1) Every specification, whether provisional or complete, shalldescribe the invention and shall begin with a title sufficiently indicating the subject-matterto which the invention relates.(2) Subject to any rules that may be made in this behalf under this Act, drawings may, andshall, if the Controller so requires, be supplied for the purposes of any specification,whether complete or provisional; and any drawings so supplied shall, unless the Controllerotherwise directs be deemed to form part of the specification, and references in this Actto a specification shall be construed accordingly.(3) If, in any particular case, the Controller considers that an application should be furthersupplemented by a model or sample of anything illustrating the invention or alleged toconstitute an invention, such model or sample as he may require shall be furnished beforethe application is found in order for grant of a patent, but such model or sample shall notbe deemed to form part of the specification.(4) Every complete specification shall—(a) fully and particularly describe the invention and its operation or use and the methodTHE PATENTS ACT, 1970Page 13by which it is to be performed;(b) disclose the best method of performing the invention which is known to theapplicant and for which he is entitled to claim protection; and(c) end with a claim or claims defining the scope of the invention for which protection isclaimed;(d) be accompanied by an abstract to provide technical information on the invention:Provided that—(i) the Controller may amend the abstract for providing better information tothird parties; and(ii) if the applicant mentions a biological material in the specification which may not bedescribed in such a way as to satisfy clauses (a) and (b), and if such material is notavailable to the public, the application shall be completed by depositing the materialto an international depository authority under the Budapest Treaty and by fulfillingthe following conditions, namely:—(A) the deposit of the material shall be made not later than the date offiling the patent application in India and a reference thereof shall bemade in the specification within the prescribed period;(B) all the available characteristics of the material required for it to becorrectly identified or indicated are included in the specificationincluding the name, address of the depository institution and thedate and number of the deposit of the material at the institution;(C) access to the material is available in the depository institution onlyafter the date of the application of patent in India or if a priority isclaimed after the date of the priority;(D) disclose the source and geographical origin of the biological materialin the specification, when used in an invention.(4A) In case of an international application designating’ India, the title, description, drawings,abstract and claims filed with the application shall be taken as the complete specificationfor the purposes of this Act.(5) The claim or claims of a complete specification shall relate to a single invention, or to agroup of inventions linked so as to form a single inventive concept, shall be clear andsuccinct and shall be fairly based on the matter disclosed in the specification.(6) A declaration as to the inventor ship of the invention shall, in such cases as may beprescribed, be furnished in the prescribed form with the complete specification or withinsuch period as may be prescribed after the filing of that specification.(7) Subject to the foregoing provisions of this section, a complete specification filed after aprovisional specification may include claims in respect of developments of, or additions to,the invention which was described in the provisional specification, being developments oradditions in respect of which the applicant would be entitled under the provisions ofsection 6 to make a separate application for a patent. 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Section 9 – THE PATENTS ACT, 1970

Provisional and complete specifications —(1) Where an application for a patent (not being aconvention application or an application filed under the Patent Cooperation Treatydesignating India) is accompanied by a provisional specification, a complete specificationshall be filed within twelve months from the date of filing of the application, and if thecomplete specification is not so filed, the application shall be deemed to be abandoned.(2) Where two or more applications in the name of the same applicant are accompanied byprovisional specifications in respect of inventions which are cognate or of which one is amodification of another and the Controller is of opinion that the whole of such inventionsare such as to constitute a single invention and may properly be included in one patent, hemay allow one complete specification to be filed in respect of all such provisionalspecifications.Provided that the period of time specified under sub-section (1) shall be reckonedfrom the date of filing of the earliest provisional specification.(3) Where an application for a patent (not being a convention application or an applicationfiled under the Patent Cooperation Treaty designating India) is accompanied by aspecification purporting to be a complete specification, the Controller may, if theapplicant be requests at any time within twelve months from the date of filing of theapplication, direct that such specification shall be treated, for the purposes of this Act, asa provisional specification and proceed with the application accordingly.(4) Where a complete specification has been filed in pursuance of an application for a patentaccompanied by a provisional specification or by a specification treated by virtue of adirection under sub-section (3) as a provisional specification, the Controller may, if theapplicant so requests at any time before grant of patent, cancel the provisionalspecification and post-date the application to the date of filing of the completespecification. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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Section 8 – THE PATENTS ACT, 1970

Information and undertaking regarding foreign applications (1) Where an applicant for apatent under this Act is prosecuting either alone or jointly with any other person anapplication for a patent in any country outside India in respect of the same or substantiallythe same invention, or where to his knowledge such an application is being prosecuted bysome person through whom he claims or by some person deriving title from him, he shallfile along with his application or subsequently within the prescribed period as theController may allow—(a) a statement setting out detailed particulars of such application; and(b) an undertaking that, up to the date of grant of patent in India, he wouldkeep the Controller informed in writing, from time to time, of detailedparticulars as required under clause (a) in respect of every other applicationrelating to the same or substantially the same invention, if any, filed in anycountry outside India subsequently to the filing of the statement referredto in the aforesaid clause, within the prescribed time.(2) At any time after an application for patent is filed in India and till the grant of a patent orrefusal to grant of a patent made thereon, the Controller may also require the applicantto furnish details, as may be prescribed, relating to the processing of the application in acountry outside India, and in that event the applicant shall furnish to the Controllerinformation available to him within such period as may be prescribed. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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Section 7 – THE PATENTS ACT, 1970

Form of application —(1) Every application for a patent shall be for one invention only andshall be made in the prescribed form and filed in the patent office.(1A) Every international application under the Patent Cooperation Treaty for a patent, as maybe filed designating India shall be deemed to be an application under this Act, if acorresponding application has also been filed before the Controller in India.(1B) The filing date of an application referred to in sub-section (1A) and its completespecification processed by the patent office as designated office or elected office shall bethe international filing date accorded under the Patent Cooperation Treaty.(2) Where the application is made by virtue of an assignment of the right to apply for a patentfor the invention, there shall be furnished with the application, or within such period asmay be prescribed after the filing of the application, proof of the right to make theapplication.(3) Every application under this section shall state that the applicant is in possession of theinvention and shall name the person claiming to be the true and first inventor; and wherethe person so claiming is not the applicant or one of the applicants, the application shallcontain a declaration that the applicant believes the person so named to be the true andTHE PATENTS ACT, 1970Page 11first inventor.(4) Every such application (not being a convention application or an application filed under thePatent Cooperation Treaty designating India) shall be accompanied by a provisional or acomplete specification. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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Section 6 – THE PATENTS ACT, 1970

Persons entitled to apply for patents (1) Subject to the provisions contained in section134, an application for a patent for an invention may be made by any of the followingpersons, that is to say,—(a) by any person claiming to be the true and first inventor of the invention;(b) by any person being the assignee of the person claiming to be the true and firstinventor in respect of the right to make such an application;(c) by the legal representative of any deceased person who immediately before hisdeath was entitled to make such an application.(2) An application under sub-section (1) may be made by any of the persons referred to thereineither alone or jointly with any other person Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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Section 5 – THE PATENTS ACT, 1970

Inventions where only methods or processes of manufacture patentable [Omitted by thePatents (Amendment) Act, 2005] Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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Section 4 – THE PATENTS ACT, 1970

Inventions relating to atomic energy not patentable No patent shall be granted in respectof an invention relating to atomic energy falling within sub section (1) of section 20 of theAtomic Energy Act, 1962 (33 of 1962). Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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Section 3 – THE PATENTS ACT, 1970

What are not inventions —The following are not inventions within the meaning of thisAct,—(a) an invention which is frivolous or which claims anything obviously contrary to wellestablished natural laws;(b) an invention the primary or intended use or commercial exploitation of which could becontrary to public order or morality or which causes serious prejudice to human, animal orplant life or health or to the environment;(c)the mere discovery of a scientific principle or the formulation of an abstract theory ordiscovery of any living thing or non-living substance occurring in nature;(d) the mere discovery of a new form of a known substance which does not result in theenhancement of the known efficacy of that substance or the mere discovery of any newproperty or new use for a known substance or of the mere use of a known process,machine or apparatus unless such known process results in a new product or employs atleast one new reactant.Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs,metabolites, pure form, particle size, isomers, mixtures of isomers,complexes, combinations and other derivatives of known substanceshall be considered to be the same substance, unless they differsignificantly in properties with regard to efficacy;(e) a substance obtained by a mere admixture resulting only in the aggregation of theproperties of the components thereof or a process for producing such substance;(f) the mere arrangement or re-arrangement or duplication of known devices eachfunctioning independently of one another in a known way;(g) Omitted by the Patents (Amendment) Act, 2002(h) a method of agriculture or horticulture;(i) any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeuticTHE PATENTS ACT, 1970Page 9or other treatment of human beings or any process for a similar treatment of animals torender them free of disease or to increase their economic value or that of their products.(j) plants and animals in whole or any part thereof other than micro organisms but includingseeds, varieties and species and essentially biological processes for production orpropagation of plants and animals;(k) a mathematical or business method or a computer programme per se or algorithms;(l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoeverincluding cinematographic works and television productions;(m) a mere scheme or rule or method of performing mental act or method of playing game;(n) a presentation of information;(o) topography of integrated circuits;(p) an invention which in effect, is traditional knowledge or which is an aggregation orduplication of known properties of traditionally known component or components. 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Section 2 – THE PATENTS ACT, 1970

Definitions and interpretation (1) In this Act, unless the context otherwise requires,—(a) “Appellate Board” means the Appellate Board referred to in section 116;(ab) “assignee” includes an assignee of the assignee and the legal representative of adeceased assignee and references to the assignee of any person include referencesto the assignee of the legal representative or assignee of that person;(aba) “Budapest Treaty” means the Budapest Treaty on the International Recognition ofthe Deposit of Micro-organisms for the purposes of Patent Procedure done atBudapest on 28th day of April, 1977, as amended and modified from time toTHE PATENTS ACT, 1970(ac) “capable of industrial application”, in relation to an invention, means that theinvention is capable of being made or used in an industry;(b) “Controller” means the Controller General of Patents, Designs and Trade Marksreferred to in section 73;(c) “convention application” means an application for a patent made by virtue ofsection 135;(d) “convention country” means a country or a country which is member of a group ofcountries or a union of countries or an Intergovernmental organization referred to asa convention country in section 133;(e) “district court” has the meaning assigned to that expression by the Code of CivilProcedure, 1908 (5 of 1908);(f) “exclusive licence” means a licence from a patentee which confers on the licensee,on the licensee and persons authorised by him, to the exclusion of all other persons(including the patentee), any right in respect of the patented invention, andexclusive licensee shall be construed accordingly.(g) Omitted by the Patents (Amendment) Act, 2005(h) “Government undertaking” means any industrial undertaking carried on—(i) by a department of the Government, or(ii) by a corporation established by a Central, Provincial or State Act, which isowned or controlled by the Government, or(iii) by a Government company as defined in section 617 of the CompaniesAct, 1956 (1 of 1956), or(iv) by an institution wholly or substantially financed by the Government;(i) “High Court”, in relation to a State or Union territory, means the High Court havingterritorial jurisdiction in that State or Union territory, as the case may be;(ia) “international application” means an application for patent made in accordance withthe Patent Cooperation Treaty;(j)”invention” means a new product or process involving an inventive step and capableof industrial application;(ja) “inventive step” means a feature of an invention that involves technical advance ascompared to the existing knowledge or having economic significance or both and thatmakes the invention not obvious to a person skilled in the art;THE PATENTS ACT, 1970Page 6(k) “legal representative” means a person who in law represents the estate of a deceasedperson;(l) “new invention” means any invention or technology which has not been anticipated bypublication in any document or used in the country or elsewhere in the world before thedate of filing of patent application with complete specification, i.e., the subject matter hasnot fallen in public domain or that it does not form part of the state of the art;(la) “Opposition Board” means an Opposition Board constituted under sub-section (3) ofsection 25;(m) “patent” means a patent for any invention granted under this Act;(n) “patent agent” means a person for the time being registered under this Act as a patentagent;(o) “patented article” and “patented process” means respectively an article or process inrespect of which a patent is in force;(oa) “Patent Cooperation Treaty” means the Patent Cooperation Treaty done at Washington onthe 19th day of June, 1970 as amended and modified from time to time;(p) “patentee” means the person for the time being entered on the register as the grantee orproprietor of the patent;(q) “patent of addition” means a patent granted in accordance with section 54;(r) “patent office” means the patent office referred to in section 74;(s) “person” includes the Government;(t) “person interested” includes a person engaged in, or in promoting, research in the samefield as that to which the invention relates;(ta) “pharmaceutical substance” means any new entity involving one or more inventive steps;(u) “prescribed” means,—(A) in relation to proceedings before a High Court, prescribed by rules made by theHigh Court;(B) in relation to proceedings before the Appellate Board, prescribed by rules madeby the Appellate Board; and(C) in other cases, prescribed by rules made under this Act;(v) “prescribed manner” includes the payment of the prescribed fee;(w) “priority date” has the meaning assigned to it by section 11;(x) “register” means the register of patents referred to in section 67;(y) “true and first inventor” does not include either the first importer of an invention into India, Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa

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Section 1 – THE PATENTS ACT, 1970

Short title, extent and commencement. This Act may be called the Patents Act, 1970.(2) It extends to the whole of India.(3) It shall come into force on such date as the Central Government may, by notification inthe Official Gazette, appoint:Provided that different dates may be appointed for different provisions of thisAct, and any reference in any such provision to the commencement of this Act shall beconstrued as a reference to the coming into force of that provision. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida | Company Registration in lucknow Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 | rtps | patta chitta

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