Antedating in patent law Wechat video chat sex ids
(5) Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.
(6) In any case to which sub-sections (2), (3), (4) and (5) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification.
11.-(1) There shall be a priority date for each claim of a complete specification.
(2) Where a complete specification is filed in pursuance of a single application accompanied by- a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause , the priority date of that claim shall be the date of the filing of the relevant specification.
(2) The Controller may also require the applicant to furnish, as far as may be available to the applicant, details relating to the objections, if any, taken to any such application as is referred to in sub-section (1) on the ground that the invention is lacking in novelty or patentability, the amendments effected in the specifications, the claims allowed in respect thereof and such other particulars as he may require.
15.-(1) Where the Controller is satisfied that the application or any specification filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may either- require the application, specification or drawings to be amended to his satisfaction before he proceeds with the application.
Sections Chapter I: Preliminary 1-2 Chapter II: Inventions not patentable 3-5 Chapter III: Applications for patents 6-11 Chapter IV: Examination of applications 12-24 Chapter V: Opposition to grant of patent 25-28 Chapter VI: Anticipation 29-34 Chapter VII: Provisions for secrecy of certain inventions 35-42 Chapter VIII: Grant and sealing of patents and rights conferred thereby 43-53 Chapter IX: Patents of addition 54-56 Chapter X: Amendment of applications and specifications 57-59 Chapter XI: Restoration of lapsed patents 60-62 Chapter XII: Surrender and revocation of patents 63-66 Chapter XIII: Register of patents 67-72 Chapter XIV: Patent office and its establishment 73-76 Chapter XV: Powers of Controller generally 77-81 Chapter XVI: Working of patents, compulsory licences, licences of right and revocation 82-98 Chapter XVII: Use of inventions for purposes of Government and acquisition of inventions by Central Government 99-103 Chapter XVIII: Suits concerning infringement of patents 104-115 Chapter XIX: Appeals 116-117 Chapter XX: Penalties 118-124 Chapter XXI: Patent agents 125-132 Chapter XXII: International arrangements 133-139 Chapter XXIII: Miscellaneous 140-163 1.-(1) This Act may be called the Patents Act, 1970. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2.-(1) In this Act, unless the context otherwise requires,- "assignee" includes the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; "exclusive licence" means a licence from a patentee which confers on the licensee, or 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, and "exclusive licensee" shall be construed accordingly; "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 is owned or controlled by the Government, or (iii) by a Government company as defined in section 617 of the Companies Act, 1956, and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council; "High Court" means,- (i) in relation to the Union territory of Delhi and the Union territory of Himachal Pradesh, the High Court of Delhi; (ii) in relation to the Union territory of Manipur and the Union territory of Tripura, the High Court of Assam; (iii) in relation to the Union territory of the Andaman and Nicobar Islands, the High Court at Calcutta; (iv) in relation to the Union territory of the Laccadive, Minicoy and Amindivi Islands, the High Court of Kerala; (v) in relation to the Union territory of Goa, Daman and Diu and the Union territory of Dadra and Nagar Haveli, the High Court at Bombay; (vi) in relation to the Union territory of Pondicherry, the High Court at Madras; (vii) in relation to the Union territory of Chandigarh, the High Court of Punjab and Haryana; and (viii) in relation to any other State, the High Court for that State; "invention" means any new and useful- (i) art, process, method or manner of manufacture; (ii) machine, apparatus or other article; (iii) substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention; "medicine or drug" includes- (i) all medicines for internal or external use of human beings or animals, (ii) all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of diseases in human beings or animals, (iii) all substances intended to be used for or in the maintenance of public health, or the prevention or control of any epidemic disease among human beings or animals, (iv) insecticides, germicides, fungicides, weedicides and all other substances intended to be used for the protection or preservation of plants; (v) all chemical substances which are ordinarily used as intermediates in the preparation or manufacture of any of the medicines or substances above referred to; "patent" means a patent granted under this Act and includes for the purposes of sections 44, 49, 50, 51, 52, 54, 55, 56, 57, 58, 63, 65, 66, 68, 69, 70, 78, 134, 140, 153, 154 and 156 and Chapters XVI, XVII and XVIII, a patent granted under the Indian Patents and Designs Act, 1911; "true and first inventor" does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.
(4) Every such application (not being a convention application) shall be accompanied by a provisional or a complete specification.
8.-(1) Where an applicant for a patent under this Act is prosecuting either alone or jointly with any other person an application for a patent in any country outside India in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application- a statement setting out the name of the country where the application is being prosecuted, the serial number and date of filing of the application and such other particulars as may be prescribed; and an undertaking that, up to the date of the acceptance of his complete specification filed in India, he would keep the Controller informed in writing, from time to time, of details of the nature referred to in clause in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside India subsequently to the filing of the statement referred to in the aforesaid clause, within the prescribed time.