Section 53 Indian Patents Act 1970

Section 53 of the Indian Patents Act 1970

Section 53 of the Indian Patents Act 1970 is about Amendment of patent granted to deceased applicant. It is under CHAPTER VIII of the Act. CHAPTER VIII is titled GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY.

[(1) Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filing of the application for the patent.]

[Explanation.–For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty.]

(2) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period 3[or within such extended period as may be prescribed].

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[(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection.]

See also:

Section 52 Indian Patents Act 1970 (Grant of patent to true and first inventions where it has been obtained by another in fraud of him.)

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