April, 2024 | CA B K Goyal & Co LLP

Section 7 – THE PATENTS ACT, 1970

THE PATENTS ACT, 1970 / CA Bhuvnesh Goyal / April 22, 2024

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Section 6 – THE PATENTS ACT, 1970

THE PATENTS ACT, 1970 / CA Bhuvnesh Goyal / April 22, 2024

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Section 5 – THE PATENTS ACT, 1970

THE PATENTS ACT, 1970 / CA Bhuvnesh Goyal / April 22, 2024

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Section 4 – THE PATENTS ACT, 1970

THE PATENTS ACT, 1970 / CA Bhuvnesh Goyal / April 22, 2024

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Section 3 – THE PATENTS ACT, 1970

THE PATENTS ACT, 1970 / CA Bhuvnesh Goyal / April 22, 2024

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

THE PATENTS ACT, 1970 / CA Bhuvnesh Goyal / April 22, 2024

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

THE PATENTS ACT, 1970 / CA Bhuvnesh Goyal / April 22, 2024

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Creation & Modification of Charge as per Companies Act, 2013

Companies Act 2013 / CA Bhuvnesh Goyal / April 22, 2024

Charge as per section 2(16) of Companies Act, 2013 refers to creation of interest or a right on a property or asset of a company or any of its undertaking as a security against loan provided to the company in respect of such interest. Charge is created by Companies who are in need of financial assistance for making their companies productive and in doing so creating any right or interest in assets of companies. Charge also includes mortgage. Charge is created so that the financial institutions such as banks have security for the loans provided by creation of charge on assets of company and having it registered with the Registrar. What is a Charge? As per Section 2(16) of Companies Act 2013, “charge” means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage. According to Section 100 of the Transfer of Property Act, 1882, where an immovable property of one person is by act of parties or operation of law made security for the payment of money to another and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property, and all the provisions which apply to a simple mortgage shall, so far as may be, apply to such charge. How is it related to Pledge and Hypothecation? As per section 172 of the Indian Contract Act, 1872, “pledge” means the bailment of goods as security for payment of a debt or performance of a promise. As per Section 2 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, “hypothecation” means a charge in or upon any movable property, existing or future, created by a borrower in favour of a secured creditor without delivery of possession of the movable property to such creditor, as a security for financial assistance and includes floating charge and crystallisation of such charge into fixed charge on movable property. Charge is where immovable property of one person is made security for the payment of money to another. It refers to the security for securing the debt, by way of pledge, hypothecation and mortgage. In the pledge, the possession of the asset is transferred, but in the case of hypothecation, possession lies with the debtor only. Type of Charges Fixed Charges: Charge created on Fixed Assets of the company. Floating Charges: Charge created on Current Assets or the Stock of the company. Essential Features of the Charge There should be two parties to the transaction, the creator of the charge and the charge holder. The subject-matter of charge must be current or future assets and other properties of the borrower. Both the parties to the transaction must enter into a legal agreement specifying assets or properties kept as security for the repayment of money, interest rate charged etc. A charge may be fixed or floating depending upon its nature. What is Modification of Charges? The term ‘modification’ includes variation of any of the terms of the agreement including variation of rate of interest which may be by mutual agreement or by operation of law.Even if the rights of a chargeholder are assigned to a third party ,it will be regarded as a modification. The provisions applicable to the registration of a charge under Section 77 shall apply to modification of the charge. Time Limit for Registration of creation or modification of ChargesA company creating charge, shall register the particulars of the said charge with the Registrar of Companies (ROC) within 30 days of its creation. According to Companies (Registration of Charges) Rules, 2014 e-forms prescribed for the purpose of creating or modifying the charge are as follows: For other than debentures: Form No.CHG-1 For Debentures including any rectification: Form No.CHG-9 Who is liable to register Charge? As per Section 77 of the Companies Act, 2013 every company creating a charge shall register the particulars of charge signed by the company and its charge – holder together with the instruments creating.Any charge created within or outside India on property or assets or any of the company’s undertakings Whether tangible or otherwise, situated in or outside India shall be registered. Hence all types of charges are required under the Act to be registered whether created within or outside India. Certification of Registration of Charge When a charge is registered with the Registrar, Registrar shall issue a certificate of registration of charge in Form No.CHG-2 and for registration of modification of charge in Form No.CHG-3 to the company and to the person in whose favour the charge is created. The certificate issued by the Registrar shall be the conclusive evidence that the charge is registered. Delay in Registration of Charges If Charge is created before 02.11.2018: Within A period of 300 days from the creation of charge If charge is created after 02.11.2018: Within a period of sixty days of creation of charge. However, additional fees is applicable in this case Register of Charges to be kept by Registrar (ROC) The Registrar shall, in respect of every shall keep a register containing particulars of Charges registered, in such form and in such manner as may be prescribed Register shall be kept open for inspection by any person on payment of such fees as may be prescribed Duty of CompanyEvery company shall maintain at its registered office a Register of Charges in e-form CHG-7 which shall be open for inspection by: Any member and creditor Without any payment By any other person on payment of such fees as may be prescribed Provisions under Companies Act 2013 & Companies (Registration of Charges) Rules, 2014 Section 77 with Rule 3 & Rule 6Duty to Register Charges – Every company shall register the charge with Registrar of Companies (ROC) within 30 days of the date of creation or modification of charge along with the fee. Purpose Form Attachments Creation/Modification of charge other thanDebenture CHG-1 Particulars of chargeCopy of Instrument evidencingany creation or modification ofcharge Creation/Rectification of charge for Debenture CHG-9 The ROC on receipt of Application

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Jda patta

learn / CA Bhuvnesh Goyal / April 22, 2024

A Patta is a legal document issued by the Grah Nirman Sahakari Samiti which is authorized by the Co-Operative Society of Rajasthan in the name of the owner of a piece of property. As per the regulations, the Jaipur Development Authority handles the process of issuance of Patta. The society issues only Land Allotment letter.It is usually received from the Jaipur Development Authority in the administrative district in question. Separate Pattas will not be granted if a single property has several owners. In such circumstances, there will be a single Patta with the names of all co-owners clearly written on it. It’s also worth noting that Patta will not be awarded for land with unequal portions. What do you mean by Patta A Patta is a legal document issued by the Government in the name of the actual owner of a particular plot of land. It can also be issued for lands having buildings or individual houses etc. constructed on them. But for these types of properties, it can be shown that the property is being continuously occupied which is not possible for any barren tract of land. In most cases, it can be obtained from the Tehsildar’s office in the concerned administrative district. If there are several owners for a single property, separate Pattas will not be issued. In such cases, there will be one Patta with the name of all the co-owners mentioned clearly. It is also important to remember that Patta will not be issued for lands having undivided shares. The Importance of Patta It is a very important record of ownership. Transactions involving the land in question require a Patta. It can also be used to establish the right of ownership in a court of law. Compensation from land acquired by the Government is a major problem. But it can be easily solved if the owner of the property has a Patta in her/his name. This proves, beyond doubt, ownership of the property and remuneration could be obtained without much of a hassle. In some cases, Patta can be transferred from one person to the other. These are usually special situations where, for example, there is no Will drafted by a person before his death. In such cases, the next of kin are automatically entitled to the Patta and can apply for the transfer to their name(s). A convenient feature of Patta is the fact that it need not be renewed from time-to-time. A renewal must be done only after a transfer or a transaction has taken place with respect to the property. Difference between Society Patta Properties and JDA Approved Properties In India, the apartment lifestyle has practically taken control of the housing sector. However, some people in tier 2 and tier 3 cities still prefer to buy plots and build their own homes according to their requirements. To put together a house, you should think about a few things carefully, such as the cost, financial assistance, benefits, and so on. A property approved by the Jaipur Development Authority, will have concerns with basic facility availability and legal documents of the property, however, the same can be used as collateral for a loan subject to fulfillment of mortgage condition as per law. A JDA approved land, on the other hand, comes with all amenities and is a fine choice for homeowners. It is important to ascertain that the Society Patta Property is free from all encumbrance and contributions. You can do so by referring to the encumbrance certificate, which will highlight any issues or outstanding debts. Similarly, property papers should be examined by advocate to ensure that they are not linked to any frauds to avoid being duped by landowners. As a practice, every document must be thoroughly verified prior to use to ensure the safety and security of all parties involved. How do you register your name with Patta Land? The owner must apply in the prescribed format at their respective district Tehsildar’s office. The procedure of filing a patta registration has also been automated because of technological advancements. The landowners has to apply for patta registration physically. The application form for issuance of a patta, also known as a patta registration form, generally asks for information on the land parcel’s ownership, size, location and the type of land (residential and commercial). According to government regulations, the procedural form should also be supported with additional paperwork including KYC such as the individual’s identity proof, address proof and so on. After receiving the land patta registration application, a selected officer from the Tehsildar’s office visits the property for investigation and reporting. The patta registration is given to the landowner after the inspection is completed successfully; the inspector however, retains the right to refuse the application in case of any issues. The patta certificate is issued in Hindi. We should be aware that only the physical copy of the certificate is issued by the concerned authority. FAQs What is a JDA Patta? A JDA Patta is a legal document issued by the relevant authority, typically the municipal corporation or development authority, granting permission or approval for a Joint Development Agreement (JDA) between a landowner and a developer for the development of a property. What is a Joint Development Agreement (JDA)? A Joint Development Agreement (JDA) is a legal arrangement between a landowner and a developer where the landowner provides the land, and the developer undertakes the responsibility of developing the property, typically for residential or commercial purposes. Why is a JDA Patta required? A JDA Patta is required to legally formalize the agreement between the landowner and the developer for the development of the property. It grants permission to the developer to undertake construction activities on the land. 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

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Punjab Land Mutation

Government Schemes / CA Bhuvnesh Goyal / April 22, 2024

The property mutation process in Punjab, we have to first look into its significance. For instance, why is a mutation certificate required if legal wills and sale deeds are enough to prove transfer or ownership? Most importantly, can a mutation certificate help us avoid title conflicts in the future? In this article, we will answer all your queries while we share an overview of the property mutation process in Punjab. Using technology, Punjab Land Records Society plan strategies and policies offer efficient and effective services related to land and revenue. Established by the Government of Punjab, the society’s main objective is to monitor and oversee the execution of the digitisation and computerisation of land records and documents related to it in Punjab. The society offers services through several common access infrastructure such as Sukhmani Centers. It is a state level body formed primarily to manage land records in Punjab in all aspects and to oversee the policy framework of the Punjab State E-Governance Society (PSEGS). Why do we need property mutation after sale deeds, wills, or registration? a sale deed, will, or registration certificate simply indicates that the property has undergone ownership change. Property mutation is the crucial step that involves updating ownership records with the local municipal authority and state records. It is done to ensure that the new owner’s name is reflected in official records after the completion of a sale deed, will, or registration. Importance of property mutation Legal validation: Property mutation provides legal validity to the transfer of ownership. Tax assessment: It helps in the accurate assessment of property taxes based on the current ownership. Conflict protection: Updating the legal municipality records can protect your property from disputes over title or ownership. Ownership chain: Property mutation also helps in establishing a chain of ownership which is essential for legal or financial purposes. Encumbrance clearance: Lastly, encumbrances missed out during the sale or registration process gets highlighted during mutation, which can be a big help for the current owner. Documents needed for property mutation process in Punjab Property mutation, also known as property transfer, is a crucial process in Punjab that requires specific documents for completion. Here are the essential documents needed for property mutation: Sale deedA Sale Deed is a legal document that proves the transfer of ownership from the seller to the buyer. It includes details of the property, buyer, and seller. Identity proofValid identity proof such as Aadhar Card, PAN Card, or Voter ID of both the buyer and seller is required for verification. Property tax receiptsRecent property tax receipts need to be submitted to ensure that all dues are cleared. Encumbrance certificateAn encumbrance certificate is necessary to verify that the property is free from any legal dues or liabilities. No objection certificateIf the property you’re buying or inheriting falls under a cooperative housing society or similar, an NOC from the society is required Death certificate/signed willThis is applicable in cases of inheritance where a signed will or gift deed can be used to prove voluntary property transfer. In case of the demise of the original owner, a death certificate would be needed. Power of Attorney (POA)In case of inheritances, a POA is required to prove granting of legal succession of assets.Ensuring all these documents are in order will facilitate a smooth property mutation process in Punjab. Step-by-Step guide on property mutation application in Punjab Step 1: Obtain mutation formVisit the local Municipal Corporation office or download the mutation form from the official website. Step 2: Fill Out the formProvide accurate details such as property address, owner’s name, and contact information. Step 3: Attach required documentsInclude documents like sale deed, identity proof, and property tax receipts. Step 4: Submit the formSubmit the filled form along with the documents to the concerned authority at the Municipal Corporation office. Step 5: Payment of mutation feesPay the applicable mutation fees as per the Punjab government guidelines, which is Rs 600 across all property types. Step 6: Verification and approvalThe authorities will verify the details and process the mutation request. Step 7: Receive mutation certificateOnce approved, collect the mutation certificate from the office. Checking property mutation status online in Punjab Visit the official websiteGo to the official Punjab Land Records website and click on Status of transfer after registration. Search by vaseeka or mutation numberIn the next page, fill in the district, tehsil, village, and transfer number and click on Search Review the statusThe website will display the status of your mutation application below. Filing an appeal if property mutation is rejected Reasons for rejection Common reasons for rejection include incorrect documentation, disputes over ownership, or discrepancies in property details.Steps to file an appeal Obtain a copy of the rejection order from the concerned authority. Prepare a detailed appeal stating the reasons for challenging the rejection. Submit the appeal to the Deputy Commissioner along with supporting documents within the specified timeline. Attend the hearing scheduled by the authority and present your case. It is important to note that appeal should be filed within 30 days from the date of rejection. If the appeal doesn’t give favourable results, individuals can further file a suit for declaration of title in the civil court. FAQs How long does the mutation process take in Punjab? The mutation process may take up to a minimum of 15 days or a maximum of 30 days. Any delay beyond this should be reported to the authority. Who is responsible for initiating the mutation process in Punjab? The buyer or the transferee of the land is typically responsible for initiating the mutation process by submitting the required documents to the concerned revenue authority. 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 |

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April 2024