Intellectual
Property Rights
Patents
Act, 1970
THE SCHEDULE: AMENDMENTS OF THE INDIAN PATENTS AND DESIGNS ACT, 1911
(See section
162)
1. Long
titles-omit "Inventions and".
2. Preamble
omit "Inventions and".
3. Section
1-In sub-section (1) omit "Indian Patents and".
4. Section
2-
(a) omit
clause (1);
(b) in
clause (2) omit "(as respects designs)";
(c) for
clause (3), substitute-
(3) "Controller"
means the Controller General of Patents, Designs and Trade Marks appointed
under sub-section (1) of section 4 of the Trade and Merchandise Marks
Act, 1958 (43 of 1958);
(d) in
clause (5) for "trade mark as defined in section 478", substitute
"trade mark as defined in clause (v) of sub-section (1) of section
2 of the Trade and Merchandise Marks Act, 1958" (43 of 1958);
(e) omit
clause (6),
(f) in
clause (7), after sub-clause (ee), insert-
"(f)
in relation to the Union Territories of Dadra and Nagar Haveli and Goa,
Daman and Diu, and the High Court at Bombay;
(g) in
relation to the Union Territory of Pondicherry, the High Court at Madras";
(g) omit
clauses (8), (10) and (11);
(h) for
clause (12), substitute-
"(12)
"patent office" means the patent office referred to in section
74 of the Patents Act, 1970".
5. Omit
Part I.
6. For
section 51B, substitute-
"51B.
Designs to bind government- A registered design shall have to all intents
the like effect as against government as it has against any person and
the provisions of Chapter XVII of the Patents Act, 1970, shall apply to
registered designs as they apply to patents".
7. In
section 54, for "The provisions of this Act", substitute "The
provisions of the Patents Act, 1970".
8. Omit
sections 55 and 56.
9. Section
57-For sub-section (1), substitute-
"(1)
There shall be paid in respect of the registration of designs and applications
thereof and in respect of other matters relating to designs under this
Act such fees as may be prescribed by the Central Government".
10. Omit
section 59A.
11. Section
61-omit sub-section (1).
12. For
section 62, substitute-
"62.
Power of Controller to correct clerical errors- The Controller may, on
request in writing accompanied by the prescribed fee, correct any clerical
error in the representation of a design or in the name or address of the
proprietor of any design or in any other matter which is entered upon
the register of designs."
13. Section
63-
(a) in
sub-section (1), omit "to a patent or" and "patent or";
(b) in
sub-section (2), omit "patent or" and for "Patents or designs,
as the case may be," substitute "designs";
(c) in
sub-section (3), omit "patent or" wherever that expression occurs;
(d) in
sub-section (4), omit "to a patent or".
14. Section
64-
(a) in
sub-section (1), omit "patents or" and omit the word /,either",
wherever it occurs;
(b) in
sub-section (5), omit clause (a).
15. Omit
section 66.
16. Section
67-omit "for a patent, or for amendment of an application or of a
specification, or".
17. Section
69-in sub-section (1), omit "to grant a patent for an invention or".
18. Section
71A-omit "or from patents, specifications and other".
19. Omit
section 72.
20. Omit
sections 74A and 75.
21. Section
76-
(a) in
sub-section (1), omit "other";
(b) in
sub-section (2), in clause (c), omit "opponent".
22. Section
77-
(a) in
sub-section (1)-
(i) in
clauses (c) and (d), omit "specifications";
(ii) for
clause (e), substitute-
"(e)
providing for the inspections of documents in the patent office and for
the manner in which they may be published;"
(iii)
omit clause (gee);
(b) omit
sub-section (2A).
23. Omit
section 78.
24. For
section 78, substitute-
"78A.
Reciprocal arrangement with United Kingdom and others Commonwealth countries-(1)
Any person who has applied for protection for any design in the United
Kingdom or his legal representative or assignee shall, either alone or
jointly with any other person, be entitled to claim that the registration
of the said design under this Act shall be in priority to other applicants
and shall have the same date as the date of the application in the United
Kingdom:
PROVIDED
that-
(a) the
application is made within six months from the application for protection
in the United Kingdom; and
(b) nothing
in this section shall entitle the proprietor of the design to recover
damages for infringement happening prior to the actual date on which the
design is registered in India.
(2) The
registration of a design shall not be invalidated by reason only of the
exhibition or use of, or the publication of a description or representation
of, the design in India during the period specified in this section as
that within which the application may be made.
(3) The
application for the registration of a design under this section must be
made in the same manner as an ordinary application under this Act.
(4) Where
it is made to appear to the Central Government that the legislature of
any such Commonwealth country as may be notified by the Central Government
in this behalf has made satisfactory provision for the protection of designs
registered in India, the Central Government may, by notification in the
Official Gazette, direct that the provisions of this section, with such
variations or additions, if any, as may be set out in such notification,
shall apply for the protection of designs registered in the Commonwealth
country".
25. Omit
sections 78B, 78C, 78D and 78E.
26. Omit
the Schedule.
Foot Notes
1 Section
5 renamed as sub-section (1) thereof by the Patents (Amendment) Act, 1999,
dated 26th. March, 1999, w.e.f. 1st. January, 1995.
2 Sub-section
(2) inserted by the Patents (Amendment) Act, 1999, dated 26th. March,
1999, w.e.f. 1st. January, 1995.
3 Omitted
by the Patents (Amendment) Act, 1999, dated 26th. March, 1999, w.e.f.
1st. January,1995.
4 The words
"or makes or causes to be made an application for the grant of a
patent outside India in contravention of section 39" omitted by Patents
(Amendment) Act, 1999, dated 26th. March, 1999, w.e.f. 1st. January, 1995.
5 The words
"or makes or causes to be made an application for the grant of a
patent in contravention of section 39" omitted by Patents (Amendment)
Act, 1999, dated 26th. March, 1999, w.e.f. 1st. January, 1995.
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