Section 56 – THE PATENTS ACT, 1970

Validity of patents of addition

—(1) The grant of a patent of addition shall not be refused,
and a patent granted as a patent of addition shall not be revoked or invalidated, on the
ground only that the invention claimed in the complete specification does not involve any
inventive step having regard to any publication or use of—
(a) the main invention described in the complete specification relating thereto; or
(b) any improvement in or modification of the main invention described
in the complete specification of a patent of addition to the patent for the main
invention or of an application for such a patent of addition,
and the validity of a patent of addition shall not be questioned on the ground that the
invention ought to have been the subject of an independent patent.
(2) For the removal of doubts it is hereby declared that in determining the novelty of the
invention claimed in the complete specification filed in pursuance of an application for a
patent of addition regard shall be had also to the complete specification in which the main
invention is described.

 

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