Click – 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 28 of the Indian Patents Act 1970
Section 28 of the Indian Patents Act 1970 is about Mention of inventor as such in patent . It is under CHAPTER V of the Act. CHAPTER V is titled OPPOSITION PROCEEDINGS TO GRANT OF PATENTS .
(1) If the Controller is satisfied, upon a request or claim made in accordance with the provisions of this section,–
(a) that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which application for a patent has been made, or of a substantial part of that invention; and
(b) that the application for the patent is a direct consequence of his being the inventor, the Controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the register of Patents:
Provided that the mention of any person as inventor under this section shall not confer or derogate from any rights under the patent.
(2) A request that any person shall be mentioned as aforesaid may be made in the prescribed manner by the applicant for the patent or (where the person alleged to be the inventor is not the applicant or one of the applicants) by the applicant and that person.
(3) If any person [other than a person in respect of whom a request in relation to the application in question has been made under sub-section (2) ] desires to be mentioned as aforesaid, he may make a claim in the prescribed manner in that behalf.
[(4) A request or claim under the foregoing provisions of this section shall be made before the grant of patent.]
* * * * *
(6) [Where] a claim is made under sub-section (3) , the Controller shall give notice of the claim to every applicant for the patent (not being the claimant) and to any other person whom the Controller may consider to be interested; and before deciding upon any request or claim made under sub-section (2) or sub-section (3) , the Controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, in the case of a claim under sub-section (3) , any person to whom notice of the claim has been given as aforesaid.
(7) Where any person has been mentioned as inventor in pursuance of this section anyother person who alleges that he ought not to have been so mentioned may at any time apply to the Controller for a certificate to that effect, and the Controller may, after hearing, if required, any person whom he may consider to be interested, issue such a certificate, and if he does so, he shall rectify the specification and the register accordingly.
See also:
Section 26 Indian Patents Act 1970 (In cases of “obtaining” Controller may treat the patent as the patent of opponent.)
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