Section 159 Indian Patents Act 1970

OTHER INDIAN LAWS 1. Short title, extent and commencement 2. Definitions and interpretation 3. What are not inventions 4. Inventions relating to atomic energy not patentable. 5. Omitted. 6. Persons entitled to apply for patents 7. Form of application. 8. Information and undertaking regarding foreign applications. 9. Provisional and complete specifications 10. Contents of specifications. 11. Priority dates of claims of a complete specification. 11A. Publication of applications. 11B. Request for examination. 12. Examination of application. 13. Search for anticipation by previous publication and by prior claim. 14. Consideration of the report of examiner by Controller. 15. Power of Controller to refuse or require amended applications, etc., in certain case. 16. Power of Controller to make orders respecting division of application. 17. Power of Controller to make orders respecting dating of application. 18. Powers of Controller in cases of anticipation. 19. Powers of Controller in case of potential infringement. 20. Powers of Controller to make orders regarding substitution of applicants, etc. 21. Time for putting application in order for grant. 22. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the patent. 26. In cases of “obtaining” Controller may treat the patent as the patent of opponent. 27. Omitted. 28. Mention of inventor as such in patent. 29. Anticipation by previous publication. 30. Anticipation by previous communication to Government. 31. Anticipation by public display, etc. 32. Anticipation by public working. 33. Anticipation by use and publication after provisional specification. 34. No anticipation if circumstances are only as described in sections 29,30,31 and 32. 35. Secrecy directions relating to inventions relevant for defence purposes. 36. Secrecy directions to be periodically reviewed. 37. Consequences of secrecy directions. 38. Revocation of secrecy directions and extension of time. 39. Residents not to apply for patents outside India without prior permission. 40. Liability for contravention of section 35 or section 39. 41. Finality of orders of Controller and Central Government. 42. Savings respecting disclosure to Government. 43. Grant of patents. 44. Amendment of patent granted to deceased applicant. 45. Date of patent. 46. Form, extent and effect of patent. 47. Grant of patents to be subject to certain conditions. 48. Rights of patentees. 49. Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India 50. Rights of co-owners of patents. 51. Power of Controller to give directions to co-owners. 52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him. 53. Term of patent. 54. Patents of addition. 55. Term of patents of addition. 56. Omitted. 57. Amendment of application and specification or any document related thereto before Controller. 58. Amendment of specification before Appellate Board or High Court. 59. Supplementary provisions as to amendment of application or specification. 60. Applications for restoration of lapsed patents. 61. Procedure for disposal of applications for restoration of lapsed patents 62. Rights of patentees of lapsed patents which have been restored 63. Surrender of patents. 64. Revocation of patents. 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy. 66. Revocation of patent in public interest. 67. Register of patents and particulars to be entered therein. 68. Assignments, etc., not to be valid unless in writing and duly executed. 69. Registration of assignments, transmissions, etc. 70. Power of registered grantee or proprietor to deal with patent. 71. Rectification of register by Appellate Board. 72. Register to be open for inspection. 73. Controller and other officers. 74. Patent office and its branches. 75. Restriction on employees of patent office as to right or interest in patents. 76. Officers and employees not to furnish information, etc. 77. Controller to have certain powers of a civil court. 78. Power of Controller to correct clerical errors, etc. 79. Evidence how to be given and powers of Controller in respect thereof. 80. Exercise of discretionary powers by Controller. 81. Disposal by Controller of applications for extension of time. 82. Definition of “patented articles” and “patentee”. 83. General principles applicable to working of patented inventions 84.Compulsory licences. 85. Revocation of patents by the Controller for non-working. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases. 87. Procedure for dealing with applications under sections 84 and 85. 88. Powers of Controller in granting compulsory licences. 89. General purposes for granting compulsory licences. 90. Terms and conditions of compulsory licences. 91. Licensing of related patents. 92. Special provision for compulsory licences on notifications by Central Government. 92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances. 93. Order for licence to operate as a deed between parties concerned. 94. Termination of compulsory licence. 95-98. (Omitted). 99. Meaning of use of invention for purposes of Government. 100. Power of Central Government to use inventions for purposes of Government. 101. Rights of third parties in respect of use of invention for purposes of Government. 102. Acquisition of inventions and patents by the Central Government. 103. Reference to High Court of disputes as to use for purposes of Government. 104. Jurisdiction. 104A. Burden of proof in case of suits concerning infringement. 105. Power of court to make declaration as to non-infringement. 106. Power of court to grant relief in cases of groundless threats of infringement proceedings. 107. Defences, etc., in suits for infringement 107A. Certain acts not to be considered as infringement. 108. Reliefs in suit for infringement. 109. Right of exclusive licensee to take proceedings against infringement. 110. Right of licensee under section 84 to take proceedings against infringement. 111. Restriction on power of court to grant damages or account of profits for infringement. 112. Omitted. 113. Certificate of validity of specification and costs of subsequent suits for infringement thereof. 114. Relief for infringement of partially valid specification. 115. Scientific advisers. 116. Appellate Board. 117. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 118. Contravention of secrecy provisions relating to certain inventions. 119. Falsification of entries in register, etc. 120. Unauthorised claim of patent rights. 121. Wrongful use of words “patent office”. 122. Refusal or failure to supply information. 123. Practice by non-registered patent agents. 124. Offences by companies 125. Register of patent agents. 126. Qualifications for registration as patent agents. 127. Rights of patent agents. 128. Subscription and verification of certain documents by patent agents. 129. Restrictions on practice as patent agents. 130. Removal from register of patent agents and restoration. 131. Power of Controller to refuse to deal with certain agents. 132. Savings in respect of other persons authorised to act as agents. 133. Convention countries. 134. Notification as to countries not providing for reciprocity. 135. Convention applications. 136. Special provisions relating to convention application. 137. Multiple priorities. 138. Supplementary provisions as to convention applications. 139. Other provisions of Act to apply to convention applications. 140. Avoidance of certain restrictive conditions. 141. Determination of certain contracts. 142. Fees. 143. Restrictions upon publication of specification. 144. Reports of examiners to be confidential. 145. Publication of official journal. 146. Power of Controller to call for information from patentees. 147. Evidence of entries, documents, etc. 148. Declaration by infant, lunatic etc 149. Service of notices, etc., by post. 150. Security for costs. 151. Transmission of orders of courts to Controller. 152. Omitted. 153. Information relating to patents. 154. Loss or destruction of patents. 155. Reports of Controller to be placed before Parliament. 156. Patent to bind Government. 157. Right of Government to sell or use forfeited articles. 157A. Protection of security of India. 158. Power of High Courts to make rules. 159. Power of Central Government to make rules. 160. Rules to be placed before Parliament. 161. Omitted. 162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings. 163. Omitted. 164. Omitted.

Section 159 of the Indian Patents Act 1970

Section 159 of the Indian Patents Act 1970 is about Power of Central Government to make rules. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Power of Central Government to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:—

            (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office;

            (ia)   the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8;

            (ib)   the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10;

            (ic)   the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under sub-section (2) of section 11 A;

            (id)   the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B;

            (ie)   the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.

            (ii)   the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be published under this Act;

            (iii)   the fees which may be payable under this Act and the manner and time of payment of such fees;

            (iv)   the matters in respect of which the examiner may make a report to the Controller;

            (v)   the manner in which and the period within which the Controller shall consider and dispose off a representation under sub-section (1) of section 25;

            (va) the period within which the Controller is required to dispose of an application under section 39;

            (vi) the form and manner in which and the time within which any notice may be given under this Act;

            (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased;

            (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices;

            (ix) the maintenance of the register of patents and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form and the matters to be entered therein;

            (x) the matters in respect of which the Controller shall have powers of a civil court;

            (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act;

            (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115;

            (xiia) the salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub­section (2) and the manner in which the officers and other employees of the Appellate Board shall discharge their functions under sub­section (3) of section 117;

            (xiib) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 117A;

            (xiic) the form in which, and the particulars to be included in the application to the Appellate Board under sub-section (1) of section 117D;

            (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid;

            (xiv) the manner in which the register of patent agents may be maintained under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub­section (2) of that section; the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct;

            (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgements of, specifications and other documents in the patent office; and the inspection of indexes and abridgements and other documents;

            (xvi)   any other matter which has to be or may be prescribed.

(3) The power to make rules under this section shall be subject to condition of the rules being made after previous publication:
Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.

See also:

Section 158 Indian Patents Act 1970 (Power of High Courts to make rules)

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