April 29, 2024

Grant of patent to true and first inventor where it has been obtained by another in fraud of him (1) Where the patent has been revoked under section 64 on the ground that thepatent was obtained wrongfully and in contravention of the rights of the petitioner or anyperson under or through whom he claims, or, […]

Power of Controller to give directions to co-owners. (1) Where two or more persons areregistered as grantee or proprietor of a patent, the Controller may, upon application madeto him in the prescribed manner by any of those persons, give such directions in accordancewith the application as to the sale or lease of the patent or

Rights of co-owners of patents (1) Where a patent is granted to two or more persons,each of those persons shall, unless an agreement to the contrary is in force, be entitled toan equal undivided share in the patent.(2) Subject to the provisions contained in this section and in section 51, where two or morepersons are

Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India —(1) Where a vessel or aircraft registered in a foreign country or a land vehicleowned by a person ordinarily resident in such country comes into India (including theterritorial waters thereof) temporarily or accidentally only, the rights conferred by a patentfor

Rights of patentees —Subject to the other provisions contained in this Act and theconditions specified in section 47, a patent granted under this Act shall confer upon thepatentee—(a) where the subject matter of the patent is a product, the exclusive right to preventthird parties, who do not have his consent, from the act of making,

Grant of patents to be subject to certain conditions The grant of a patent under this Actshall be subject to the condition that—(1) any machine, apparatus or other article in respect of which the patent is granted orany article made by using a process in respect of which the patent is granted, maybe imported or

Form, extent and effect of patent (1) Every patent shall be in the prescribed form andshall have effect throughout India.(2) A patent shall be granted for one invention only:Provided that it shall not be competent for any person in a suit or other proceeding totake any objection to a patent on the ground that it

Date of patent —(1) Subject to the other provisions contained in this Act, every patentshall be dated as of the date on which the application for patent was filed.(2) The date of every patent shall be entered in the register.(3) Notwithstanding anything contained in this section, no suit or other proceeding shall becommenced or prosecuted

Amendment of patent granted to deceased applicant. Where, at any time after apatent has been granted in pursuance of an application under this Act, the Controller issatisfied that the person to whom the patent was granted had died, or, in the case of abody corporate, had ceased to exist, before the patent was granted, the

Grant of patents —(1) Where an application for a patent has been found to be in order forgrant of the patent and either—(a) the application has not been refused by the Controller by virtue of any powervested in him by this Act; or(b) the application has not been found to be in contravention of any