Unauthorised claim of patent rights
—If any person falsely represents that any article
sold by him is patented in India or is the subject of an application for a patent in India,
he shall be punishable with fine which may extend to one lakh rupees.
Explanation 1.—For the purposes of this section, a person shall be deemed to
represent—
(a) that an article is patented in India if there is stamped, engraved or impressed on, or
otherwise applied to, the article the word “patent” or “patented” or some other
word expressing or implying that a patent for the article has been obtained in India;
(b) that an article is the subject of an application for a patent in India, if there are
stamped, engraved or impressed on, or otherwise applied to, the article the words
“patent applied for”, “patent pending”, or some other words implying that an
application for a patent for the article has been made in India.
Explanation 2.—The use of words “patent”, “patented”, “patent applied for”,
“patent pending” or other words expressing or implying that an article is patented or
that a patent has been applied for shall be deemed to refer to a patent in force in India,
or to a pending application for a patent in India, as the case may be, unless there is an
accompanying indication that the patent has been obtained or applied for in any country
outside India.
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