THE PATENTS ACT, 1970

Anticipation by public working An invention claimed in a completespecification shall not be deemed to have been anticipated by reason only that at any timewithin one year before the priority date of the relevant claim of the specification, theinvention was publicly worked in India—(a) by the patentee or applicant for the patent or any person from whom hederives title; or(b) by any other person with the consent of the patentee or applicant for thepatent or any person from whom he derives title,if the working was effected for the purpose of reasonable trial only and if it was reasonablynecessary, having regard to the nature of the invention, that the working for that purposeshould be effected in public. 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

Anticipation by public display, etc —An invention claimed in a complete specificationshall not be deemed to have been anticipated by reason only of—(a) the display of the invention with the consent of the true and first inventor or aperson deriving title from him at an industrial or other exhibition to which theprovisions of this section have been extended by the Central Government bynotification in the Official Gazette, or the use thereof with his consent for thepurpose of such an exhibition in the place where it is held; or(b) the publication of any description of the invention in consequence of the display oruse of the invention at any such exhibition as aforesaid; or(c) the use of the invention, after it has been displayed or used at any such exhibitionas aforesaid and during the period of the exhibition, by any person without theconsent of the true and first inventor or a person deriving title from him; or(d) the description of the invention in a paper read by the true and first inventor beforea learned society or published with his consent in the transactions of such a society,if the application for the patent is made by the true and first inventor or a personderiving title from him not later than twelve months after the opening of the exhibitionor the reading or publication of the paper, as the case may be. 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

Anticipation by previous communication to Government —An invention claimed in acomplete specification shall not be deemed to have been anticipated by reason only of thecommunication of the invention to the Government or to any person authorized by theGovernment to investigate the invention or its merits, or of anything done, in consequenceof such a communication, for the purpose of the investigation. 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

Anticipation by previous publication —(1) An invention claimed in a completespecification shall not be deemed to have been anticipated by reason only that theinvention was published in a specification filed in pursuance of an application for a patentmade in India and dated before the 1st day of January, 1912.(2) Subject as hereinafter provided, an invention claimed in a completespecification shall not be deemed to have been anticipated by reason only that theinvention was published before the priority date of the relevant claim of the specification,if the patentee or the applicant for the patent proves—(a) that the matter published was obtained from him, or (where he is not himself thetrue and first inventor) from any person from whom he derives title, and waspublished without his consent or the consent of any such person; and(b) where the patentee or the applicant for the patent or any person from whom hederives title learned of the publication before the date of the application for thepatent, or, in the case of a convention application, before the date of theapplication for protection in a convention country, that the application or theapplication in the convention country, as the case may be, was made as soon asreasonably practicable thereafter:Provided that this sub-section shall not apply if the invention was before the prioritydate of the claim commercially worked in India, otherwise than for the purpose ofreasonable trial, either by the patentee or the applicant for the patent or any person fromwhom he derives title or by any other person with the consent of the patentee or theapplicant for the patent or any person from whom he derives title.(3) Where a complete specification is filed in pursuance of an application for a patent made bya person being the true and first inventor or deriving title from him, an invention claimedin that specification shall not be deemed to have been anticipated by reason only of anyother application for a patent in respect of the same invention made in contravention ofthe rights of that person, or by reason only that after the date of filing of that otherapplication the invention was used or published, without the consent of that person, bythe applicant in respect of that other application, or by any other person in consequence ofany disclosure of any invention by that applicant. 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

Mention of inventor as such in patent (1) If the Controller is satisfied, upon a request orclaim made in accordance with the provisions of this section,—(a) that the person in respect of or by whom the request or claim is made is theinventor of an invention in respect of which application for a patent has been made,or of a substantial part of that invention; and(b) that the application for the patent is a direct consequence of his being the inventor,the Controller shall, subject to the provisions of this section, cause him to be mentioned asinventor in any patent granted in pursuance of the application in the completespecification and in the register of patents:Provided that the mention of any person as inventor under this section shall not confer orderogate from any rights under the patent.(2) A request that any person shall be mentioned as aforesaid may be made in theprescribed manner by the applicant for the patent or (where the person alleged to bethe inventor is not the applicant or one of the applicants) by the applicant and thatperson.(3) If any person other than a person in respect of whom a request in relation to theapplication in question has been made under sub-section (2) desires to be mentioned asaforesaid, he may make a claim in the prescribed manner in that behalf.(4) A request or claim under the foregoing provisions of this section shall be made beforethe grant of patent.(5) [Omitted by the Patents (Amendment) Act, 2005](6) Where a claim is made under sub-section (3), the Controller shall give notice of theclaim to every applicant for the patent (not being the claimant) and to any other personwhom the Controller may consider to be interested; and before deciding upon anyrequest or claim made under sub-section (2), or subsection (3), the Controller shall, ifrequired, hear the person in respect of or by whom the request or claim is made, and, inthe case of a claim under sub-section (3), any person to whom notice of the claim hasbeen given as aforesaid.(7) Where any person has been mentioned as inventor in pursuance of this section, anyother person who alleges that he ought not to have been so mentioned may at any timeapply to the Controller for a certificate to that effect, and the Controller may, afterTHE PATENTS ACT, 1970Page 30hearing, if required, any person whom he may consider to be interested, issue such acertificate, and if he does so, he shall rectify the specification and the registeraccordingly. 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

Refusal to patent without opposition —[Omitted by the Patents (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

In cases of “obtaining” Controller may treat the patent as the patent of opponent (1)Where in any opposition proceeding under this Act the Controller finds that—(a) the invention, so far as claimed in any claim of the complete specification, wasobtained from the opponent in the manner set out in clause (a) of sub-section (2) ofsection 25 and revokes the patent on that ground, he may, on request by suchopponent made in the prescribed manner, direct that the patent shall standamended in the name of the opponent;(b) a part of an invention described in the complete specification was so obtained fromthe opponent, he may pass an order requiring that the specification be amended bythe exclusion of that part of the invention.(2) Where an opponent has, before the date of the order of the Controller requiring theamendment of a complete specification referred to in clause (b) of sub-section (1), filed anapplication for a patent for an invention which includes the whole or a part of theinvention held to have been obtained from him and such application is pending, theController may treat such application and specification in so far as they relate to theinvention held to have been obtained from him, as having been filed, for the purposes ofthis Act relating to the priority dates of claims of the complete specification, on the date onwhich the corresponding document was or was deemed to have been filed by the patenteein the earlier application but for all other purposes the application of the opponent shall beproceeded with as an application for a patent under this Act. 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

Opposition to the patent —(1) Where an application for a patent has been published but apatent has not been granted, any person may, in writing, represent by way of opposition tothe Controller against the grant of patent on the ground—(a) that the applicant for the patent or the person under or through whom he claims,wrongfully obtained the invention or any part thereof from him or from a person under orthrough whom he claims;(b) that the invention so far as claimed in any claim of the complete specification has beenpublished before the priority date of the claim—(i) in any specification filed in pursuance of an application for a patent made in Indiaon or after the 1st day of January, 1912; or(ii) in India or elsewhere, in any other document:Provided that the ground specified in sub-clause (ii) shall not be availablewhere such publication does not constitute an anticipation of the invention byvirtue of sub-section (2) or subsection (3) of section 29;(c) that the invention so far as claimed in any claim of the complete specification is claimed ina claim of a complete specification published on or after priority date of the applicant’sclaim and filed in pursuance of an application for a patent in India, being a claim of whichthe priority date is earlier than that of the applicant’s claim;(d) that the invention so far as claimed in any claim of the complete specification was publiclyknown or publicly used in India before the priority date of that claim.Explanation.—For the purposes of this clause, an invention relating to a process forwhich a patent is claimed shall be deemed to have been publicly known or publicly used inIndia before the priority date of the claim if a product made by that process had alreadybeen imported into India before that date except where such importation has been for thepurpose of reasonable trial or experiment only;(e) that the invention so far as claimed in any claim of the complete specification is obvious andclearly does not involve any inventive step, having regard to the matter published asTHE PATENTS ACT, 1970Page 26mentioned in clause (b) or having regard to what was used in India before the prioritydate of the applicant’s claim;(f) that the subject of any claim of the complete specification is not an invention within themeaning of this Act, or is not patentable under this Act;(g) that the complete specification does not sufficiently and clearly describe the invention orthe method by which it is to be performed;(h) that the applicant has failed to disclose to the Controller the information required by section8 or has furnished the information which in any material particular was false to hisknowledge;(i) that in the case of a convention application, the application was not made within twelvemonths from the date of the first application for protection for the invention made in aconvention country by the applicant or a person from whom he derives title;(j) that the complete specification does not disclose or wrongly mentions the source orgeographical origin of biological material used for the invention;(k) that the invention so far as claimed in any claim of the complete specification is anticipatedhaving regard to the knowledge, oral or otherwise, available within any local or indigenouscommunity in India or elsewhere,but on no other ground, and the Controller shall, if requested by such person for being heard,hear him and dispose of such representation in such manner and within such period as may beprescribed.(2) At any time after the grant of patent but before the expiry of a period of one year from thedate of publication of grant of a patent, any person interested may give notice of oppositionto the Controller in the prescribed manner on any of the following grounds, namely:—(a) that the patentee or the person under or through whom he claims, wrongfullyobtained the invention or any part thereof from him or from a person under orthrough whom he claims;(b) that the invention so far as claimed in any claim of the complete specification hasbeen published before the priority date of the claim—(i) in any specification filed in pursuance of an application for a patent made in Indiaon or after the 1st day of January, 1912; or(ii) in India or elsewhere, in any other document:Provided that the ground specified in sub-clause (ii) shall not be available wheresuch publication does not constitute an anticipation of the invention by virtue ofsub-section (2) or sub-section (3) of section 29;(c) that the invention so far as claimed in any claim of the complete specification isclaimed in a claim of a complete specification published on or after the priority dateof the claim of the patentee and filed in pursuance of an application for a patent inIndia, being a claim of which the priority date is earlier than that of the claim of thepatentee;(d) that the invention so far as claimed in any claim of the complete specification waspublicly known or publicly used in India before the priority date of that claim.Explanation.—For the purposes of this clause, an invention relating to a processfor which a patent is granted shall be deemed to have been publicly known orpublicly used in India before the priority date of the claim if a product made by thatprocess had already been imported into India before that date except where suchimportation has been for the purpose of reasonable trial or experiment only;(e) that the invention so far as claimed in any claim of the complete specification isobvious and clearly does not involve any inventive step, having regard to the matterpublished as mentioned in clause (b) or having regard to what was used in Indiabefore the priority date of the claim;(f) that the subject of any claim of the complete specification is not an invention withinthe meaning of this Act, or is not patentable under this Act;(g) that the complete specification does not sufficiently and clearly describe theinvention or the method by which it is to be performed;(h) that the patentee has failed to disclose to the Controller the information required bysection 8 or has furnished the information

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