Section 62 Indian Patents Act 1970

Section 62 of the Indian Patents Act 1970

Section 62 of the Indian Patents Act 1970 is about Rights of patentees of lapsed patents which have been restored. It is under CHAPTER XI of the Act. CHAPTER XI is titled RESTORATION OF LAPSED PATENTS.

(1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the 1[publication] of the application for restoration of the patent under this Chapter.

(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the date of publication] of the application for restoration of the patent.


See also:

Section 61 Indian Patents Act 1970 (Procedure for disposal of applications for restoration of lapsed patents.)

See also  Section 11A Indian Patents Act 1970 (Publication of applications)

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