Section 140 of the Indian Patents Act 1970

Section 140 of the Indian Patents Act 1970 is about Avoidance of certain restrictive conditions. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

(1)It shall not be lawful to insert–

(i) in any contract for or in relation to the sale or lease of a patented article or an article made by a patented process; or

(ii) in a licence to manufacture or use a patented article; or

(iii) in a licence to work any process protected by a patent, a condition the effect of which may be–

(a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees, any article other than the patented article or an article other than that made by the patented process; or

(b) to prohibit the purchaser, lessee or licensee from using, or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the vendor, lessor or licensor or his nominee; or

(c) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process; or

[(d)to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing,] and any such condition shall be void.

(2) A condition of the nature referred to in clause (a) or clause (b) or clause (c) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process.

(3) In proceedings against any person for the infringement of a patent, it shall be a defence to prove that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section:

Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied.

(4) Nothing in this section shall–

(a) affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person;
(b) validate a contract which, but for this section, would be invalid;
(c) affect a condition in a contract for the lease of, or licence to use, a patented article, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article as may be required or to put or keep it in repair.

See also:

Section 139 Indian Patents Act 1970 (Other provisions of Act to apply to convention applications.)

Section 139 of the Indian Patents Act 1970

Section 139 of the Indian Patents Act 1970 is about Other provisions of Act to apply to convention applications. It is under CHAPTER XXII of the Act. CHAPTER XXII is titled INTERNATIONAL ARRANGEMENTS.

Other provisions of Act to apply to convention applications

Save as otherwise provided in this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof.

See also:

Section 138 Indian Patents Act 1970 (Supplementary provisions as to convention applications.)

Section 138 of the Indian Patents Act 1970

Section 138 of the Indian Patents Act 1970 is about Supplementary provisions as to convention applications. It is under CHAPTER XXII of the Act. CHAPTER XXII is titled INTERNATIONAL ARRANGEMENTS.

Supplementary provisions as to convention applications

[(1)Where a convention application is made in accordance with the provisions of this Chapter, the applicant shall furnish, when required by the Controller, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country as referred to in section 133 verified to the satisfaction of the Controller, within the prescribed period from the date of communication by the Controller.]

(2) If any such specification or other document is in a foreign language, a translation into English of the specification or document, verified by affidavit or otherwise to the satisfaction of the Controller, shall be [furnished when required by the controller].

(3) For the purposes of this Act, the date on which an application was made in a convention country is such date as the Controller is satisfied by certificate of the official chief or head of the patent office of the convention country or otherwise, is the date on which the application was made in that convention country.

[(4) An international application filed under the Patent Cooperation Treaty designating India shall have effect of filing an application for patent under section 7, section 54 and section 135, as the case may be, and the title, description, claim and abstract and drawings, if any, filed in the international application shall be taken as complete specification for the purposes of this Act.

(5) The filing date of an application for patent and its complete specification processed by the patent office as designated office shall be the international filing date accorded under the Patent Cooperation Treaty.

(6) Amendment, if any, proposed by the applicant for an international application designating India or designating and electing India before international searching authority or preliminary made examination authority shall, if the applicant so desires, be taken as an amendment made before the patent office.]

See also:

Section 137 Indian Patents Act 1970 (Multiple priorities)

Section 137 of the Indian Patents Act 1970

Section 137 of the Indian Patents Act 1970 is about Multiple priorities. It is under CHAPTER XXII of the Act. CHAPTER XXII is titled INTERNATIONAL ARRANGEMENTS.

Multiple priorities

(1)Where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications.

(2) The priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed.

(3) For the purposes of this Act, a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior art) in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application.

See also:

Section 136 Indian Patents Act 1970 (Special provisions relating to convention applications.)

Section 136 of the Indian Patents Act 1970

Section 136 of the Indian Patents Act 1970 is about  Special provisions relating to convention applications. It is under CHAPTER XXII of the Act. CHAPTER XXII is titled INTERNATIONAL ARRANGEMENTS.

 Special provisions relating to convention applications

(1) Every convention application shall–

(a) be accompanied by a complete specification; and

(b) specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made; and

(c) state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title.

(2) Subject to the provisions contained in section 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent.

(3) A convention application shall not be post-dated under sub-section (1) of section 17 to a date later than the date on which under the provisions of this Act the application could have been made.

See also:

Section 135 Indian Patents Act 1970 (Convention applications.)

Section 135 of the Indian Patents Act 1970

Section 135 of the Indian Patents Act 1970 is about Convention applications. It is under CHAPTER XXII of the Act. CHAPTER XXII is titled INTERNATIONAL ARRANGEMENTS.

Convention applications

(1) Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the “basic application”), and that person or the legal representative or assignee of that person makes an application under this Act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application.

Explanation.–Where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this sub-section shall be reckoned from the date on which the earlier or earliest of the said applications was made.

(2) Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection:

Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions.

[(3) In case of an application filed under the Patent Cooperation Treaty designating India and claiming priority from a previously filed application in India, the provisions of sub-sections (1) and (2) shall apply as if the previously filed application were the basic application:

Provided that a request for examination under section 11B shall be made only for one of the applications filed in India.]

See also:

Section 134 Indian Patents Act 1970 (Notification as to countries not providing for reciprocity.)

Section 134 of the Indian Patents Act 1970

Section 134 of the Indian Patents Act 1970 is about Notification as to countries not providing for reciprocity. It is under CHAPTER XXII of the Act. CHAPTER XXII is titled INTERNATIONAL ARRANGEMENTS.

Notification as to countries not providing for reciprocity

Where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person,–

(a) to apply for the grant of a patent or be registered as the proprietor of a patent;

(b) to be registered as the assignee of the proprietor of a patent; or

(c) to apply for a licence or hold any licence under a patent granted under this Act.

See also:

Section 133 Indian Patents Act 1970 (Convention countries.)

Section 133 of the Indian Patents Act 1970

Section 133 of the Indian Patents Act 1970 is about Convention countries. It is under CHAPTER XXII of the Act. CHAPTER XXII is titled INTERNATIONAL ARRANGEMENTS.

Convention countries

Any country, which is a signatory or party or a group of countries, union of countries or inter-governmental organisations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the applicants for patents in India or to citizens of India similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this Act.

See also:

Section 132 Indian Patents Act 1970 (Savings in respect of other persons authorised to act as agents.)

Section 132 of the Indian Patents Act 1970

Section 132 of the Indian Patents Act 1970 is about Savings in respect of other persons authorised to act as agents. It is under CHAPTER XXI of the Act. CHAPTER XXI is titled PATENT AGENTS.

Savings in respect of other persons authorised to act as agents

Nothing in this Chapter shall be deemed to prohibit–

(a) the applicant for a patent *** from drafting any specification or appearing or acting before the Controller; or

(b) an advocate, not being a patent agent, from taking part in any [hearing before the Controller on behalf of a party who is taking part in any proceedings under this Act].

See also:

Section 131 Indian Patents Act 1970 (Power of Controller to refuse to deal with certain agents.)

Section 131 of the Indian Patents Act 1970

Section 131 of the Indian Patents Act 1970 is about Power of Controller to refuse to deal with certain agents. It is under CHAPTER XXI of the Act. CHAPTER XXI is titled PATENT AGENTS.

(1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act–

(a) any individual whose name has been removed from, and not restored to, the register;

(b) any person who has been convicted of an offence under section 123;

(c) any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person by whom he is employed;

(d) any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm.

(2) The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India.

See also:

Section 130 Indian Patents Act 1970 (Removal from register of patent agents and restoration.)