Patents Act One Liner Notes

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Patents Act One Liner Notes Pdf Download

THE PATENTS ACT, 1970

PREAMBLE
What is the Act number of the Patents Act, 1970?	Act No. 39 of 1970.
On what date did the Patents Act, 1970 receive assent?	19th September, 1970.
What is the long title of the Patents Act, 1970?	An Act to amend and consolidate the law relating to patents.
By whom was the Patents Act, 1970 enacted?	Parliament.
In which year of the Republic of India was the Patents Act, 1970 enacted?	The Twenty-first Year of the Republic of India.
With what words does the enacting formula of the Patents Act, 1970 begin?	Be it enacted by Parliament in the Twenty-first Year of the Republic of India as follows.

CHAPTER-I
PRELIMINARY
What is the subject matter of Section 1?	Short title, extent and commencement.
What may this Act be called?	The Patents Act, 1970.
To what does the Patents Act, 1970 extend?	The whole of India.
When shall the Patents Act, 1970 come into force?	On such date as the Central Government may, by notification in the Official Gazette, appoint. (1-4-1978)
What does the proviso to Section 1(3) permit?	Different dates may be appointed for different provisions of this Act.
May different dates be appointed for different provisions of the Patents Act, 1970?	Yes.
How shall a reference to the commencement of the Act in a provision brought into force on a different date be construed?	As a reference to the coming into force of that provision.
What is the effect of appointing different commencement dates for different provisions of the Act?	References to the commencement of the Act in such provisions shall be construed as references to the coming into force of those provisions.
What is the subject matter of Section 2?	Definitions.
Who is an "assignee" under Section 2(1)(ab)?	It includes an assignee of the assignee and the legal representative of a deceased assignee.
What do references to the assignee of any person include under Section 2(1)(ab)?	References to the assignee of the legal representative or assignee of that person.
What is the "Budapest Treaty" under Section 2(1)(aba)?	The Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure done at Budapest on 28 April 1977, as amended from time to time.
What does "capable of industrial application" mean under Section 2(1)(ac)?	That the invention is capable of being made or used in an industry.
Who is the "Controller" under Section 2(1)(b)?	The Controller General of Patents, Designs and Trade Marks referred to in Section 73.
What is a "convention application" under Section 2(1)(c)?	An application for a patent made by virtue of Section 135.
What is a "convention country" under Section 2(1)(d)?	A country, group of countries, union of countries or an inter-governmental organisation referred to as a convention country under Section 133.
What does "district court" mean under Section 2(1)(e)?	It has the meaning assigned to it by the Code of Civil Procedure, 1908.
What is an "exclusive licence" under Section 2(1)(f)?	A licence from a patentee conferring on the licensee, or the licensee and persons authorised by him, to the exclusion of all others (including the patentee), any right in respect of the patented invention.
Who is an "exclusive licensee" under Section 2(1)(f)?	A person holding an exclusive licence in respect of a patented invention.
What is the subject matter of Section 2(1)(h)?	Definition of "Government undertaking".
What is a "Government undertaking" under Section 2(1)(h)(i)?	An industrial undertaking carried on by a department of the Government.
What is a "Government undertaking" under Section 2(1)(h)(ii)?	An industrial undertaking carried on by a corporation established by a Central, Provincial or State Act and owned or controlled by the Government.
What is a "Government undertaking" under Section 2(1)(h)(iii)?	An industrial undertaking carried on by a Government company as defined in Section 617 of the Companies Act, 1956.
What is a "Government undertaking" under Section 2(1)(h)(iv)?	An industrial undertaking carried on by an institution wholly or substantially financed by the Government.
What is a "High Court" under Section 2(1)(i)?	The High Court having territorial jurisdiction over the State or Union territory concerned.
What is an "international application" under Section 2(1)(ia)?	An application for a patent made in accordance with the Patent Cooperation Treaty.
What is an "invention" under Section 2(1)(j)?	A new product or process involving an inventive step and capable of industrial application.
What is an "inventive step" under Section 2(1)(ja)?	A feature of an invention involving technical advance over existing knowledge or having economic significance or both, making the invention not obvious to a person skilled in the art.
Who is a "legal representative" under Section 2(1)(k)?	A person who in law represents the estate of a deceased person.
What is a "new invention" under Section 2(1)(l)?	An invention or technology not anticipated by publication or use anywhere in the world before the filing date of the complete specification and which has not entered the public domain or formed part of the state of the art.
What is the subject matter of Section 2(1)(la)?	Definition of "Opposition Board".
What is an "Opposition Board" under Section 2(1)(la)?	An Opposition Board constituted under Section 25(3).
What is the subject matter of Section 2(1)(m)?	Definition of "patent".
What is a "patent" under Section 2(1)(m)?	A patent for any invention granted under the Patents Act.
What is the subject matter of Section 2(1)(n)?	Definition of "patent agent".
Who is a "patent agent" under Section 2(1)(n)?	A person registered under the Patents Act as a patent agent.
What is the subject matter of Section 2(1)(o)?	Definition of "patented article" and "patented process".
What is a "patented article" under Section 2(1)(o)?	An article in respect of which a patent is in force.
What is a "patented process" under Section 2(1)(o)?	A process in respect of which a patent is in force.
What is the subject matter of Section 2(1)(oa)?	Definition of "Patent Cooperation Treaty".
What is the "Patent Cooperation Treaty" under Section 2(1)(oa)?	The Patent Cooperation Treaty done at Washington on 19 June 1970, as amended and modified from time to time.
What is the subject matter of Section 2(1)(p)?	Definition of "patentee".
Who is a "patentee" under Section 2(1)(p)?	The person entered on the register as the grantee or proprietor of the patent.
What is the subject matter of Section 2(1)(q)?	Definition of "patent of addition".
What is a "patent of addition" under Section 2(1)(q)?	A patent granted in accordance with Section 54.
What is the subject matter of Section 2(1)(r)?	Definition of "patent office".
What is the "patent office" under Section 2(1)(r)?	The Patent Office referred to in Section 74.
What is the subject matter of Section 2(1)(s)?	Definition of "person".
What does "person" include under Section 2(1)(s)?	The Government.
What is the subject matter of Section 2(1)(t)?	Definition of "person interested".
Who is a "person interested" under Section 2(1)(t)?	A person engaged in, or promoting, research in the same field to which the invention relates.
What is the subject matter of Section 2(1)(ta)?	Definition of "pharmaceutical substance".
What is a "pharmaceutical substance" under Section 2(1)(ta)?	Any new entity involving one or more inventive steps.
What is the subject matter of Section 2(1)(u)?	Definition of "prescribed".
What does "prescribed" mean in relation to proceedings before a High Court under Section 2(1)(u)(A)?	Prescribed by rules made by the High Court.
What does "prescribed" mean in other cases under Section 2(1)(u)(C)?	Prescribed by rules made under the Patents Act.
What is the subject matter of Section 2(1)(v)?	Definition of "prescribed manner".
What does "prescribed manner" include under Section 2(1)(v)?	Payment of the prescribed fee.
What is the subject matter of Section 2(1)(w)?	Definition of "priority date".
What is the meaning of "priority date" under Section 2(1)(w)?	It has the meaning assigned by Section 11.
What is the subject matter of Section 2(1)(x)?	Definition of "register".
What is the "register" under Section 2(1)(x)?	The Register of Patents referred to in Section 67.
What is the subject matter of Section 2(1)(y)?	Definition of "true and first inventor".
Who is not a "true and first inventor" under Section 2(1)(y)?	The first importer of an invention into India or a person to whom the invention is first communicated from outside India.
What is the subject matter of Section 2(2)?	Interpretation of references.
How is a reference to the Controller construed under Section 2(2)(a)?	It includes any officer discharging the functions of the Controller under Section 73.
How is a reference to the Patent Office construed under Section 2(2)(b)?	It includes any branch office of the Patent Office.

CHAPTER-II
INVENTIONS NOT PATENTABLE
What is the subject matter of Section 3?	What are not inventions.
What does Section 3 declare?	The following are not inventions within the meaning of this Act.
What invention is not patentable under Section 3(a)?	An invention which is frivolous or which claims anything obviously contrary to well established natural laws.
What invention is not patentable under Section 3(b)?	An invention the primary or intended use or commercial exploitation of which would be contrary to public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment.
What is not an invention under Section 3(c)?	The mere discovery of a scientific principle, the formulation of an abstract theory, or the discovery of any living thing or non-living substance occurring in nature.
What new form of a known substance is not an invention under Section 3(d)?	The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance.
What discoveries relating to a known substance are not inventions under Section 3(d)?	The mere discovery of any new property or new use for a known substance.
When is the mere use of a known process, machine or apparatus not an invention?	Unless such known process results in a new product or employs at least one new reactant.
What are deemed to be the same substance under the Explanation to Section 3(d)?	Salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance.
When are derivatives of a known substance not considered to be the same substance under the Explanation to Section 3(d)?	When they differ significantly in properties with regard to efficacy.
What substance is not an invention under Section 3(e)?	A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof.
What process is not an invention under Section 3(e)?	A process for producing a substance obtained by a mere admixture resulting only in the aggregation of the properties of its components.
What arrangement of known devices is not an invention under Section 3(f)?	The mere arrangement, re-arrangement or duplication of known devices each functioning independently of one another in a known way.
What is the subject matter of Section 3(g)?	Omitted.
What is the status of Section 3(g)?	Omitted.
What method is not an invention under Section 3(h)?	A method of agriculture or horticulture.
What processes for treatment are not inventions under Section 3(i)?	Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings.
What process relating to animals is not an invention under Section 3(i)?	Any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.
What plants and animals are not inventions under Section 3(j)?	Plants and animals in whole or any part thereof other than micro-organisms, including seeds, varieties and species.
What biological processes are not inventions under Section 3(j)?	Essentially biological processes for production or propagation of plants and animals.
What is not an invention under Section 3(k)?	A mathematical or business method or a computer programme per se or algorithms.
What works are not inventions under Section 3(l)?	A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.
What schemes or methods are not inventions under Section 3(m)?	A mere scheme or rule or method of performing mental act or method of playing game.
What is not an invention under Section 3(n)?	A presentation of information.
What is not an invention under Section 3(o)?	Topography of integrated circuits.
What inventions relating to traditional knowledge are not inventions under Section 3(p)?	An invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.
What is the subject matter of Section 4?	Inventions relating to atomic energy not patentable.
What inventions are not patentable under Section 4?	Inventions relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962).
Under which provision of the Atomic Energy Act, 1962 are inventions not patentable under Section 4?	Sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962).
What is the subject matter of Section 5?	Omitted.
What is the status of Section 5?	Omitted.
What was the marginal heading of Section 5 before its omission?	Inventions where only methods or processes of manufacture patentable.
By which Act was Section 5 omitted?	The Patents (Amendment) Act, 2005 (15 of 2005).
By which section of the Patents (Amendment) Act, 2005 was Section 5 omitted?	Section 4.
With effect from what date was Section 5 omitted?	1-1-2005.

CHAPTER-III
APPLICATIONS FOR PATENTS
What is the subject matter of Section 6?	Persons entitled to apply for patents.
Subject to which provision is an application for a patent made under Section 6?	Section 134.
Who may apply for a patent under Section 6(1)?	Any person claiming to be the true and first inventor, the assignee of such person, or the legal representative of a deceased person entitled to make such application.
Who may apply for a patent as the inventor under Section 6(1)(a)?	Any person claiming to be the true and first inventor of the invention.
Who may apply for a patent as an assignee under Section 6(1)(b)?	Any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application.
In respect of what right must an assignee be entitled to apply under Section 6(1)(b)?	The right to make such an application.
Who may apply for a patent as a legal representative under Section 6(1)(c)?	The legal representative of any deceased person who immediately before his death was entitled to make such an application.
What condition must be satisfied for the legal representative of a deceased person to apply under Section 6(1)(c)?	The deceased person must have been entitled to make such an application immediately before his death.
How may an application under Section 6(1) be made?	Either alone or jointly with any other person.
May an application under Section 6(1) be made jointly with another person?	Yes.
What is the subject matter of Section 7?	Form of application.
For how many inventions shall every application for a patent be made?	One invention only.
In what form shall every application for a patent be made?	In the prescribed form.
Where shall every application for a patent be filed?	In the patent office.
When is an international application under the Patent Cooperation Treaty deemed to be an application under this Act?	If it is filed designating India and a corresponding application has also been filed before the Controller in India.
What is the filing date of an international application processed by the patent office as the designated office or elected office?	The international filing date accorded under the Patent Cooperation Treaty.
When shall proof of the right to apply for a patent be furnished where the application is made by virtue of an assignment?	With the application or within such period as may be prescribed after the filing of the application.
What proof must accompany an application made by virtue of an assignment?	Proof of the right to make the application.
What shall every application under Section 7 state?	That the applicant is in possession of the invention.
Whom shall every application under Section 7 name?	The person claiming to be the true and first inventor.
What declaration is required where the person claiming to be the true and first inventor is not the applicant or one of the applicants?	That the applicant believes the person so named to be the true and first inventor.
Which applications must be accompanied by a provisional or a complete specification?	Every application other than a convention application or an application filed under the Patent Cooperation Treaty designating India.
What is the subject matter of Section 8?	Information and undertaking regarding foreign applications.
When does Section 8(1) apply?	Where an applicant is prosecuting, alone or jointly, an application for a patent in any country outside India in respect of the same or substantially the same invention, or to his knowledge such an application is being prosecuted by a person through whom he claims or deriving title from him.
What statement shall an applicant file under Section 8(1)(a)?	A statement setting out detailed particulars of such application.
When shall the statement under Section 8(1)(a) be filed?	Along with the application or subsequently within the prescribed period as the Controller may allow.
What undertaking shall an applicant give under Section 8(1)(b)?	That up to the date of grant of patent in India, he would keep the Controller informed in writing, from time to time, of detailed particulars of every other application relating to the same or substantially the same invention filed in any country outside India.
Up to what stage is the applicant required to keep the Controller informed under Section 8(1)(b)?	Up to the date of grant of patent in India.
How shall the applicant keep the Controller informed under Section 8(1)(b)?	In writing, from time to time.
What information is the applicant required to furnish under the undertaking in Section 8(1)(b)?	Detailed particulars of every other application relating to the same or substantially the same invention filed in any country outside India.
Within what time shall the particulars of subsequent foreign applications be furnished under Section 8(1)(b)?	Within the prescribed time.
During what period may the Controller require details relating to the processing of a foreign application under Section 8(2)?	At any time after an application for patent is filed in India and till the grant of a patent or refusal to grant of a patent.
What details may the Controller require under Section 8(2)?	Details, as may be prescribed, relating to the processing of the application in a country outside India.
What is the duty of the applicant when required by the Controller under Section 8(2)?	To furnish to the Controller the information available to him within such period as may be prescribed.
What is the subject matter of Section 9?	Provisional and complete specifications.
When shall a complete specification be filed where an application is accompanied by a provisional specification?	Within twelve months from the date of filing of the application.
To which applications does Section 9(1) apply?	Applications other than convention applications or applications filed under the Patent Cooperation Treaty designating India.
What is the consequence of not filing the complete specification within the prescribed period under Section 9(1)?	The application shall be deemed to be abandoned.
When may the Controller allow one complete specification to be filed in respect of two or more provisional specifications?	Where the applications are in the name of the same applicant, the inventions are cognate or one is a modification of another, and the Controller is of the opinion that they constitute a single invention and may properly be included in one patent.
In whose name must the applications be for Section 9(2) to apply?	The same applicant.
What relationship must exist between the inventions under Section 9(2)?	They must be cognate or one must be a modification of another.
What opinion must the Controller form before allowing one complete specification under Section 9(2)?	That the inventions constitute a single invention and may properly be included in one patent.
From which date shall the period specified in Section 9(1) be reckoned where one complete specification is allowed for multiple provisional specifications?	From the date of filing of the earliest provisional specification.
When may the Controller treat a complete specification as a provisional specification under Section 9(3)?	On the applicant's request made within twelve months from the date of filing of the application.
To which applications does Section 9(3) apply?	Applications other than convention applications or applications filed under the Patent Cooperation Treaty designating India.
What is the effect of the Controller's direction under Section 9(3)?	The specification shall be treated as a provisional specification for the purposes of this Act and the application shall proceed accordingly.
When may the Controller cancel the provisional specification under Section 9(4)?	On the applicant's request made at any time before grant of patent.
What may the Controller do after cancelling the provisional specification under Section 9(4)?	Post-date the application to the date of filing of the complete specification.
To which applications does Section 9(4) apply?	Applications in which a complete specification has been filed pursuant to an application accompanied by a provisional specification or by a specification treated as a provisional specification under Section 9(3).
What is the subject matter of Section 10?	Contents of specifications.
What shall every specification describe?	The invention.
With what shall every specification begin?	A title sufficiently indicating the subject-matter to which the invention relates.
What may be supplied for the purposes of a specification under Section 10(2)?	Drawings.
When shall drawings be supplied for a specification?	If the Controller so requires.
What is the status of drawings supplied under Section 10(2)?	They shall be deemed to form part of the specification unless the Controller otherwise directs.
How shall references to a specification be construed where drawings form part of it?	As including such drawings.
When may the Controller require a model or sample under Section 10(3)?	Where he considers that an application should be further supplemented by a model or sample illustrating the invention or alleged invention.
When shall the model or sample required under Section 10(3) be furnished?	Before the application is found in order for grant of a patent.
Does a model or sample furnished under Section 10(3) form part of the specification?	No.
What shall every complete specification fully and particularly describe?	The invention, its operation or use, and the method by which it is to be performed.
What shall every complete specification disclose?	The best method of performing the invention known to the applicant and for which he is entitled to claim protection.
How shall every complete specification end?	With a claim or claims defining the scope of the invention for which protection is claimed.
What shall every complete specification be accompanied by under Section 10(4)(d)?	An abstract to provide technical information on the invention.
What power does the Controller have regarding the abstract?	He may amend the abstract for providing better information to third parties.
When is an application involving biological material required to be completed by deposit of the material?	When the biological material cannot be described so as to satisfy clauses (a) and (b) and is not available to the public.
Where shall biological material be deposited under the proviso to Section 10(4)(d)?	With an international depository authority under the Budapest Treaty.
By when shall the biological material be deposited?	Not later than the date of filing the patent application in India.
What reference regarding the deposited biological material shall be made in the specification?	A reference to the deposit within the prescribed period.
What particulars of the biological material shall be included in the specification?	All available characteristics required for correct identification, including the name and address of the depository institution and the date and number of the deposit.
When shall access to the deposited biological material be available?	Only after the date of the application for patent in India or, where priority is claimed, after the date of priority.
What shall be disclosed regarding biological material used in an invention?	Its source and geographical origin.
What constitutes the complete specification in the case of an international application designating India?	The title, description, drawings, abstract and claims filed with the application.
To what shall the claims of a complete specification relate?	A single invention or a group of inventions linked so as to form a single inventive concept.
How shall the claims of a complete specification be drafted?	They shall be clear and succinct.
On what shall the claims of a complete specification be based?	The matter disclosed in the specification.
When shall a declaration as to inventorship be furnished?	In such cases as may be prescribed, with the complete specification or within such period as may be prescribed after its filing.
In what form shall the declaration as to inventorship be furnished?	In the prescribed form.
What may a complete specification filed after a provisional specification include?	Claims in respect of developments of, or additions to, the invention described in the provisional specification.
What condition must developments or additions satisfy to be included in a complete specification under Section 10(7)?	The applicant must be entitled under section 6 to make a separate application for a patent in respect of them.
What is the subject matter of Section 11?	Priority dates of claims of a complete specification.
What shall every claim of a complete specification have?	A priority date.
When is the priority date of a claim the date of filing of the relevant specification under Section 11(2)?	When the complete specification is filed pursuant to a single application accompanied by a provisional specification or a specification treated as a provisional specification and the claim is fairly based on the matter disclosed therein.
What is the priority date of a claim fairly based on one of the specifications referred to in Section 11(3)?	The date of filing of the application accompanied by that specification.
What is the priority date of a claim fairly based partly on one specification and partly on another under Section 11(3)?	The date of filing of the application accompanied by the specification of the later date.
When does Section 11(3A) apply?	Where a complete specification based on a previously filed application in India is filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed therein.
What is the priority date under Section 11(3A)?	The date of the previously filed application in which the matter was first disclosed.
What is the priority date of a claim in a further application under Section 16(1)?	The date of filing of the earlier provisional or complete specification in which the matter was first disclosed.
What is the priority date where a claim would otherwise have two or more priority dates?	The earlier or earliest of those dates.
What is the priority date of a claim where Sections 11(2), 11(3), 11(3A), 11(4) and 11(5) do not apply?	Subject to section 137, the date of filing of the complete specification.
Subject to which provision is the priority date under Section 11(6)?	Section 137.
How shall references to the date of filing be construed where there has been post-dating or ante-dating?	As references to the date as so post-dated or ante-dated.
Under which sections may post-dating or ante-dating affect the priority date?	Sections 9, 16 and 17.
When shall a claim in a complete specification not be invalid by reason of publication or use of the invention?	Where the publication or use is on or after the priority date of the claim.
When shall a claim in a complete specification not be invalid by reason of the grant of another patent?	Where the other patent claims the invention in a claim of the same or a later priority date.

CHAPTER-IV
PUBLICATION AND EXAMINATION OF APPLICATIONS
What is the subject matter of Section 11A?	Publication of applications.
When shall an application for patent ordinarily not be opened to the public?	For such period as may be prescribed.
Can an applicant request early publication of a patent application?	Yes.
How may an applicant request early publication of a patent application?	In the prescribed manner.
When may an applicant request publication under Section 11A(2)?	At any time before the expiry of the period prescribed under sub-section (1).
What is the duty of the Controller on receipt of a request under Section 11A(2)?	Subject to sub-section (3), publish the application as soon as possible.
When shall every patent application be published under Section 11A(3)?	On the expiry of the period specified under sub-section (1).
Which applications are not published on the expiry of the prescribed period under Section 11A(3)?	Applications in respect of which a secrecy direction is imposed under section 35, applications abandoned under section 9(1), and applications withdrawn three months prior to the prescribed period.
When shall an application subject to a secrecy direction be published?	After the expiry of the period prescribed under section 11A(1) or when the secrecy direction ceases to operate, whichever is later.
What particulars shall the publication of a patent application include?	The date of application, application number, name and address of the applicant identifying the application, and an abstract.
What shall the depository institution do upon publication of a patent application?	Make the biological material mentioned in the specification available to the public.
What may the patent office make available to the public upon publication of an application?	The specification and drawings, if any, on payment of the prescribed fee.
What rights does an applicant acquire from the date of publication until the grant of the patent?	The like privileges and rights as if the patent had been granted on the date of publication.
Can the applicant institute infringement proceedings before the grant of the patent?	No.
When is the applicant entitled to institute infringement proceedings?	After the patent has been granted.
From when do the rights of a patentee accrue in respect of applications made under Section 5(2) before 1st January, 2005?	From the date of grant of the patent.
What is a patentee entitled to receive after grant of a patent in respect of applications made under Section 5(2) before 1st January, 2005 from qualifying enterprises?	Reasonable royalty.
Which enterprises are entitled to protection under the third proviso to Section 11A(7)?	Enterprises that made significant investment, were producing and marketing the concerned product before 1st January, 2005, and continue to manufacture the patented product on the date of grant.
Can infringement proceedings be instituted against the enterprises protected under the third proviso to Section 11A(7)?	No
What is the subject matter of Section 11B?	Request for examination.
When shall an application for a patent be examined?	Only if the applicant or any other interested person makes a request in the prescribed manner within the prescribed period.
Who may request examination of a patent application under Section 11B(1)?	The applicant or any other interested person.
How shall a request for examination under Section 11B(1) be made?	In the prescribed manner.
Within what time shall a request for examination under Section 11B(1) be made?	Within the prescribed period.
What is the subject matter of Section 11B(2)?	Omitted.
What is the status of Section 11B(2)?	Omitted.
Who may request examination of an application filed under Section 5(2) before 1st January, 2005?	The applicant or any other interested person.
How shall a request for examination under Section 11B(3) be made?	In the prescribed manner and within the prescribed period.
What is the consequence of not making a request for examination within the prescribed period?	The application shall be treated as withdrawn by the applicant.
When may an applicant withdraw a patent application under the first proviso to Section 11B(4)?	At any time after filing the application but before the grant of a patent.
How may an applicant withdraw a patent application under the first proviso to Section 11B(4)?	By making a request in the prescribed manner.
When may a request for examination be made where a secrecy direction has been issued under Section 35?	Within the prescribed period from the date of revocation of the secrecy direction.
What is the subject matter of Section 12?	Examination of application.
When shall the Controller refer an application to an examiner under Section 12(1)?	When a request for examination has been made in the prescribed manner under section 11B(1) or section 11B(3).
What shall the Controller refer to the examiner under Section 12(1)?	The application, specification and other documents relating thereto.
When shall the Controller refer the application to the examiner?	At the earliest.
For what purpose is the application referred to an examiner?	To make a report to the Controller.
What shall the examiner examine under Section 12(1)(a)?	Whether the application, specification and other documents are in accordance with the requirements of this Act and the rules made thereunder.
What shall the examiner report under Section 12(1)(b)?	Whether there is any lawful ground of objection to the grant of the patent under this Act.
What shall the examiner report under Section 12(1)(c)?	The result of investigations made under section 13.
What other matter shall the examiner report under Section 12(1)(d)?	Any other matter which may be prescribed.
Within what period shall the examiner ordinarily submit the report to the Controller?	Within such period as may be prescribed.
What is the subject matter of Section 13?	Search for anticipation by previous publication and by prior claim.
For what purpose shall the examiner make an investigation under Section 13(1)?	To ascertain whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by previous publication or prior claim.
What previous publication shall the examiner investigate under Section 13(1)(a)?	Whether the invention has been anticipated by publication before the date of filing of the applicant's complete specification in any specification filed pursuant to an application for a patent made in India and dated on or after 1st January, 1912.
What prior claim shall the examiner investigate under Section 13(1)(b)?	Whether the invention is claimed in any claim of another complete specification published on or after the date of filing of the applicant's complete specification, being a specification filed pursuant to an application for a patent made in India and dated before or claiming an earlier priority date.
What additional investigation shall the examiner make under Section 13(2)?	Whether the invention has been anticipated by publication in India or elsewhere in any document other than those mentioned in Section 13(1) before the date of filing of the applicant's complete specification.
When shall an amended complete specification be examined and investigated afresh?	When it is amended under the provisions of this Act before the grant of a patent.
How shall an amended complete specification be examined under Section 13(3)?	In like manner as the original specification.
Do the examination and investigations under Sections 12 and 13 warrant the validity of a patent?	No.
Does the Central Government incur any liability for examinations or investigations under Sections 12 and 13?	No.
Does any officer of the Central Government incur liability for examinations, investigations, reports or consequential proceedings under Section 13(4)?	No.
What is the subject matter of Section 14?	Consideration of report of examiner by Controller.
When does Section 14 apply?	Where the report of the examiner received by the Controller is adverse to the applicant or requires amendment of the application, specification or other documents.
When may the examiner's report require amendment under Section 14?	To ensure compliance with the provisions of this Act or the rules made thereunder.
What shall the Controller communicate to the applicant under Section 14?	The gist of the objections.
When shall the Controller communicate the gist of the objections?	As expeditiously as possible.
At what stage shall the Controller communicate the gist of the objections?	Before proceeding to dispose of the application in accordance with the provisions of this Act.
When shall the Controller give the applicant an opportunity of being heard?	If the applicant so requires within the prescribed period.
What is the subject matter of Section 15?	Power of Controller to refuse or require amended applications, etc., in certain cases.
When may the Controller exercise the power under Section 15?	Where he is satisfied that the application, specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or the rules made thereunder.
What may the Controller do if the application or related documents do not comply with the Act or the rules?	Refuse the application or require the application, specification or other documents to be amended to his satisfaction.
To whose satisfaction shall the application, specification or other documents be amended?	The Controller's satisfaction.
At what stage may the Controller require amendment under Section 15?	Before he proceeds with the application.
When may the Controller refuse the application after requiring amendment?	On failure to amend the application, specification or other documents to his satisfaction.
What is the subject matter of Section 16?	Power of Controller to make orders respecting division of application.
When may an applicant file a further application under Section 16(1)?	At any time before the grant of the patent.
For what purposes may a further application be filed under Section 16(1)?	At the applicant's desire or to remedy the Controller's objection that the claims relate to more than one invention.
In respect of what invention may a further application be filed under Section 16(1)?	An invention disclosed in the provisional or complete specification already filed in respect of the first application.
What shall accompany a further application under Section 16(2)?	A complete specification.
What shall not be included in the complete specification accompanying a further application?	Any matter not in substance disclosed in the complete specification filed pursuant to the first application.
What amendment may the Controller require under Section 16(3)?	Amendment of the complete specification filed pursuant to the original or the further application to ensure that neither specification includes a claim for any matter claimed in the other.
What is the deemed filing date of the further application and its accompanying complete specification under the Explanation to Section 16?	The date on which the first application was filed.
How shall the further application be proceeded with under the Explanation to Section 16?	As a substantive application.
When shall the further application be examined under the Explanation to Section 16?	When the request for examination is filed within the prescribed period.
What is the subject matter of Section 17?	Power of Controller to make orders respecting dating of application.
Subject to which provision is the power under Section 17(1) exercisable?	Section 9.
When may the Controller direct post-dating of an application under Section 17(1)?	At any time after the filing of the application and before the grant of the patent.
On whose request may the Controller direct post-dating of an application?	On the request of the applicant made in the prescribed manner.
What may the Controller direct under Section 17(1)?	That the application shall be post-dated to the date specified in the request.
What is the maximum period for which an application may be post-dated under Section 17(1)?	Not later than six months from the date on which it was actually made or would, but for this sub-section, be deemed to have been made.
When shall an application, specification, drawings or other document be deemed to have been made under Section 17(2)?	On the date on which the requirement under section 15 is complied with.
When shall an application, specification or other document returned to the applicant be deemed to have been made under Section 17(2)?	On the date on which it is refiled after complying with the requirement.
When does Section 17(2) apply?	Where an application, specification (including drawings) or any other document is required to be amended under section 15 and the Controller so directs.
What is the subject matter of Section 18?	Powers of Controller in cases of anticipation.
When may the Controller refuse the application under Section 18(1)?	Where the invention claimed in the complete specification has been anticipated in the manner referred to in section 13(1)(a) or section 13(2).
How may an applicant avoid refusal under Section 18(1)?	By showing that the priority date of the claim is not later than the date of publication of the relevant document or by amending the complete specification to the satisfaction of the Controller.
What must the applicant establish under Section 18(1)(a)?	That the priority date of the claim of the complete specification is not later than the date on which the relevant document was published.
What may the applicant do under Section 18(1)(b) to avoid refusal?	Amend the complete specification to the satisfaction of the Controller.
When may the Controller direct insertion of a reference to another specification under Section 18(2)?	Where the invention is claimed in a claim of another complete specification referred to in section 13(1)(b).
What is the purpose of inserting a reference to another specification under Section 18(2)?	To give notice to the public.
How may an applicant avoid insertion of a reference under Section 18(2)?	By showing that the priority date of his claim is not later than the priority date of the claim of the other specification or by amending the complete specification to the satisfaction of the Controller within the prescribed time.
Within what time must the applicant comply with Section 18(2)?	Within such time as may be prescribed.
When does Section 18(3) apply?	Where the invention claimed in the applicant's complete specification has also been claimed in another complete specification referred to in section 13(1)(a) and that specification was published on or after the priority date of the applicant's claim.
What must the applicant establish to avoid the application of Section 18(2) under Section 18(3)?	That the priority date of the applicant's claim is not later than the priority date of the claim of the other specification.
What is the consequence under Section 18(3) if the applicant fails to establish the earlier or same priority date?	The provisions of Section 18(2) shall apply in the same manner.
What is the subject matter of Section 19?	Powers of Controller in case of potential infringement.
When may the Controller direct insertion of a reference to another patent under Section 19(1)?	Where it appears that the invention cannot be performed without substantial risk of infringement of a claim of another patent.
Where shall the reference to another patent be inserted under Section 19(1)?	In the applicant's complete specification by way of notice to the public.
How may the applicant avoid insertion of a reference under Section 19(1)?	By showing reasonable grounds for contesting the validity of the claim of the other patent or by amending the complete specification to the satisfaction of the Controller within the prescribed time.
What must the applicant establish under Section 19(1)(a)?	That there are reasonable grounds for contesting the validity of the claim of the other patent.
What may the applicant do under Section 19(1)(b) to avoid insertion of the reference?	Amend the complete specification to the satisfaction of the Controller.
Within what time must the applicant comply with Section 19(1)?	Within such time as may be prescribed.
When may the Controller delete a reference to another patent under Section 19(2)?	On the application of the applicant if the other patent is revoked or ceases to be in force, its relevant claim is deleted, or the relevant claim is found invalid or not infringed.
When may a reference be deleted because of the status of the other patent?	When the other patent is revoked or otherwise ceases to be in force.
When may a reference be deleted because of amendment of the other patent?	When the specification of the other patent is amended by deletion of the relevant claim.
When may a reference be deleted because of a finding by the court or the Controller?	When the relevant claim of the other patent is found to be invalid or not infringed by any working of the applicant's invention.
What is the subject matter of Section 20?	Powers of Controller to make orders regarding substitution of applicants, etc.
When may the Controller direct substitution of an applicant under Section 20(1)?	Where, before grant of the patent, he is satisfied on a claim made in the prescribed manner that by virtue of an assignment, agreement in writing or operation of law, the claimant would be entitled to the patent or an interest therein.
By what modes may a claimant acquire entitlement under Section 20(1)?	By assignment, agreement in writing or operation of law.
What may the claimant be entitled to under Section 20(1)?	The patent, the interest of the applicant therein, or an undivided share of the patent or of that interest.
What direction may the Controller give under Section 20(1)?	That the application shall proceed in the name of the claimant or in the names of the claimant and the applicant or other joint applicant or applicants, as the case may require.
When shall no direction be given on the basis of an assignment by one of several joint applicants?	Without the consent of the other joint applicant or applicants.
When shall no direction be given by virtue of an assignment or agreement for assignment of the benefit of an invention?	Unless one of the conditions specified in Section 20(3) is fulfilled.
What is the first condition under Section 20(3) for giving a direction?	The invention is identified by reference to the number of the patent application.
What is the second condition under Section 20(3) for giving a direction?	An acknowledgment is produced to the Controller that the assignment or agreement relates to the invention in respect of which the application is made.
What is the third condition under Section 20(3) for giving a direction?	The rights of the claimant in respect of the invention have been finally established by the decision of a court.
What is the fourth condition under Section 20(3) for giving a direction?	The Controller gives directions under Section 20(5).
When may the Controller direct that an application proceed in the name of the surviving joint applicant or applicants alone?	Where one of the joint applicants dies before grant of the patent, on the request of the survivor or survivors and with the consent of the legal representative of the deceased.
What conditions must be fulfilled before the Controller acts under Section 20(4)?	A request by the survivor or survivors and the consent of the legal representative of the deceased.
When may the Controller exercise powers under Section 20(5)?	When a dispute arises between joint applicants as to whether or in what manner the application should proceed.
Who may apply under Section 20(5)?	Any of the parties to the dispute.
In what manner shall an application under Section 20(5) be made?	In the prescribed manner.
What opportunity shall the Controller give before issuing directions under Section 20(5)?	An opportunity of being heard to all parties concerned.
What directions may the Controller give under Section 20(5)?	Directions enabling the application to proceed in the name of one or more of the parties alone, regulating the manner in which it should proceed, or both.
What is the subject matter of Section 21?	Time for putting application in order for grant.
When shall an application for a patent be deemed to have been abandoned under Section 21(1)?	Unless, within the prescribed period, the applicant complies with all the requirements imposed by or under this Act from the date on which the first statement of objections is forwarded by the Controller.
From which date is the prescribed period under Section 21(1) reckoned?	From the date on which the first statement of objections to the application, complete specification or other related documents is forwarded by the Controller.
What requirements must the applicant comply with under Section 21(1)?	All the requirements imposed by or under this Act, whether in connection with the complete specification or otherwise in relation to the application.
When shall an applicant not be deemed to have complied with the requirements under the Explanation to Section 21(1)?	Where a returned application, specification or other document has not been re-filed or the applicant has not proved that it could not be re-filed for reasons beyond his control.
How may an applicant avoid the consequence under the Explanation to Section 21(1) if a returned document cannot be re-filed?	By proving to the satisfaction of the Controller that, for reasons beyond his control, the document could not be re-filed.
When shall the time for compliance with the Controller's requirements be extended under Section 21(2)?	Where an application is made before expiry of the prescribed period and an appeal to the High Court is pending in the cases specified in clauses (a) or (b).
In which cases does Section 21(2) permit extension of time?	Where an appeal to the High Court is pending in respect of the main invention or, in the case of a patent of addition, in respect of that application or the main invention.
Up to what date may the time be extended under Section 21(2)?	Until such date as the High Court may determine.
When may the Controller extend the prescribed period under Section 21(3)?	Where the time for instituting the appeal mentioned in Section 21(2) has not expired.
To what extent may the Controller extend the period under Section 21(3)?	To such further period as he may determine.
What is the effect of the proviso to Section 21(3)?	If an appeal is filed during the further period and the High Court grants extension of time, the Controller's requirements may be complied with within the time granted by the High Court.
What is the subject matter of Section 22?	Omitted.
What is the status of Section 22?	Omitted.
What was the marginal heading of Section 22 before its omission?	Acceptance of complete specification.
By which Act was Section 22 omitted?	The Patents (Amendment) Act, 2005 (15 of 2005).
By which section of the Patents (Amendment) Act, 2005 was Section 22 omitted?	Section 20.
With effect from what date was Section 22 omitted?	1-1-2005.
What is the subject matter of Section 23?	Omitted.
What is the status of Section 23?	Omitted.
What was the marginal heading of Section 23 before its omission?	Advertisement of acceptance of complete specification.
By which Act was Section 23 omitted?	The Patents (Amendment) Act, 2005 (15 of 2005).
By which section of the Patents (Amendment) Act, 2005 was Section 23 omitted?	Section 20.
With effect from what date was Section 23 omitted?	1-1-2005.
What is the subject matter of Section 24?	Omitted.
What is the status of Section 24?	Omitted.
What was the marginal heading of Section 24 before its omission?	Effect of acceptance of complete specification.
By which Act was Section 24 omitted?	The Patents (Amendment) Act, 2005 (15 of 2005).
By which section of the Patents (Amendment) Act, 2005 was Section 24 omitted?	Section 20.
With effect from what date was Section 24 omitted?	1-1-2005

CHAPTER-V
OPPOSITION TO GRANT OF PATENTS
What is the subject matter of Section 25?	Pre-grant opposition to the patent.
When can a pre-grant opposition be filed under Section 25(1)?	After publication of the patent application but before the grant of the patent.
Who may file a pre-grant opposition under Section 25(1)?	Any person.
Before whom is a pre-grant opposition filed under Section 25(1)?	The Controller.
On what ground can opposition be filed under Section 25(1)(a)?	The invention was wrongfully obtained from the opponent or a person under or through whom he claims.
On what ground can opposition be filed under Section 25(1)(b)?	The invention was published before the priority date of the claim.
What are the two modes of prior publication under Section 25(1)(b)?	(i) In a specification filed in India on or after 1 January 1912; or (ii) In any other document published in India or elsewhere.
When is the ground under Section 25(1)(b)(ii) unavailable?	When the publication does not amount to anticipation under Section 29(2) or Section 29(3).
On what ground can opposition be filed under Section 25(1)(c)?	The invention is claimed in an earlier-priority complete specification published on or after the applicant's priority date and filed in India.
On what ground can opposition be filed under Section 25(1)(d)?	The invention was publicly known or publicly used in India before the priority date.
When is a process invention deemed to have been publicly known or publicly used under the Explanation to Section 25(1)(d)?	When a product made by that process had already been imported into India before the priority date, except where the import was only for reasonable trial or experiment.
On what ground can opposition be filed under Section 25(1)(e)?	The invention is obvious and clearly lacks an inventive step.
On what ground can opposition be filed under Section 25(1)(f)?	The subject matter is not an invention or is not patentable under the Patents Act.
On what ground can opposition be filed under Section 25(1)(g)?	The complete specification does not sufficiently and clearly describe the invention or the method of performing it.
On what ground can opposition be filed under Section 25(1)(h)?	The applicant failed to disclose information required under Section 8 or knowingly furnished materially false information.
On what ground can opposition be filed under Section 25(1)(i)?	In a convention application, the application was not made within twelve months from the date of the first application in a convention country.
On what ground can opposition be filed under Section 25(1)(j)?	The complete specification does not disclose or wrongly mentions the source or geographical origin of the biological material used for the invention.
On what ground can opposition be filed under Section 25(1)(k)?	The invention is anticipated by knowledge, whether oral or otherwise, available within any local or indigenous community in India or elsewhere.
Can a pre-grant opposition under Section 25(1) be filed on any ground other than those specified?	No.
What must the Controller do if the opponent requests to be heard under Section 25(1)?	Hear the opponent and dispose of the representation in the prescribed manner and within the prescribed period.
What is the subject matter of Section 25(2)?	Post-grant opposition to the patent.
When can a post-grant opposition be filed under Section 25(2)?	After the grant of the patent but before the expiry of one year from the date of publication of the grant of the patent.
Who may file a post-grant opposition under Section 25(2)?	Any person interested.
Before whom is a post-grant opposition filed under Section 25(2)?	The Controller.
On what ground can post-grant opposition be filed under Section 25(2)(a)?	The patentee wrongfully obtained the invention or any part thereof from the opponent or a person under or through whom he claims.
On what ground can post-grant opposition be filed under Section 25(2)(b)?	The invention was published before the priority date of the claim.
What are the two modes of prior publication under Section 25(2)(b)?	(i) In a specification filed in India on or after 1 January 1912; or (ii) In any other document published in India or elsewhere.
When is the ground under Section 25(2)(b)(ii) unavailable?	When the publication does not amount to anticipation under Section 29(2) or Section 29(3).
On what ground can post-grant opposition be filed under Section 25(2)(c)?	The invention is claimed in an earlier-priority complete specification published on or after the patentee's priority date and filed in India.
On what ground can post-grant opposition be filed under Section 25(2)(d)?	The invention was publicly known or publicly used in India before the priority date.
When is a process invention deemed to have been publicly known or publicly used under the Explanation to Section 25(2)(d)?	When a product made by that process had already been imported into India before the priority date, except where the import was only for reasonable trial or experiment.
On what ground can post-grant opposition be filed under Section 25(2)(e)?	The invention is obvious and clearly lacks an inventive step.
On what ground can post-grant opposition be filed under Section 25(2)(f)?	The subject matter is not an invention or is not patentable under the Patents Act.
On what ground can post-grant opposition be filed under Section 25(2)(g)?	The complete specification does not sufficiently and clearly describe the invention or the method of performing it.
On what ground can post-grant opposition be filed under Section 25(2)(h)?	The patentee failed to disclose information required under Section 8 or knowingly furnished materially false information.
On what ground can post-grant opposition be filed under Section 25(2)(i)?	In a convention application, the application was not made within twelve months from the date of the first application in a convention country or in India.
On what ground can post-grant opposition be filed under Section 25(2)(j)?	The complete specification does not disclose or wrongly mentions the source and geographical origin of the biological material used for the invention.
On what ground can post-grant opposition be filed under Section 25(2)(k)?	The invention was anticipated by knowledge, whether oral or otherwise, available within any local or indigenous community in India or elsewhere.
Can a post-grant opposition under Section 25(2) be filed on any ground other than those specified?	No.
What must the Controller do when a notice of opposition is duly given under Section 25(3)(a)?	Notify the patentee.
What must the Controller do upon receipt of a notice of opposition under Section 25(3)(b)?	Constitute an Opposition Board by written order and refer the notice and documents to it for examination and recommendations.
What is the purpose of the Opposition Board under Section 25(3)(b)?	To examine the opposition and submit its recommendations to the Controller.
How does the Opposition Board conduct its examination under Section 25(3)(c)?	In accordance with the prescribed procedure.
What must the Controller do after receiving the recommendations of the Opposition Board under Section 25(4)?	Give the patentee and the opponent an opportunity of being heard.
What orders may the Controller pass under Section 25(4)?	Maintain, amend or revoke the patent.
What shall the Controller not take into account while deciding grounds under Section 25(2)(d) or (e)?	Any personal document, secret trial or secret use.
What is the effect of an order maintaining the patent subject to amendment under Section 25(6)?	The patent shall stand amended accordingly.
What is the subject matter of Section 26?	In cases of “obtaining” Controller may treat the patent as the patent of opponent.
When may the Controller amend a patent in the name of the opponent under Section 26(1)(a)?	Where, in opposition proceedings, he finds that the invention was obtained from the opponent as set out in section 25(2)(a), revokes the patent on that ground, and the opponent makes a request in the prescribed manner.
What must the Controller find under Section 26(1)(a) before amending the patent in the opponent's name?	That the invention, so far as claimed in the complete specification, was obtained from the opponent in the manner set out in section 25(2)(a).
What is the effect of the Controller's direction under Section 26(1)(a)?	The patent shall stand amended in the name of the opponent.
When may the Controller require amendment of the complete specification under Section 26(1)(b)?	Where he finds that a part of the invention described in the complete specification was obtained from the opponent.
What amendment may the Controller require under Section 26(1)(b)?	Exclusion of the part of the invention obtained from the opponent.
When may the Controller exercise the power under Section 26(2)?	Where, before the order requiring amendment, the opponent has filed a patent application including the whole or part of the invention obtained from him and that application is pending.
How may the Controller treat the opponent's pending application under Section 26(2)?	As having been filed, for the purposes of priority dates of claims, on the date on which the corresponding document was or was deemed to have been filed by the patentee in the earlier application.
For what purpose is the opponent's application deemed to have been filed on the earlier date under Section 26(2)?	For the purposes of this Act relating to the priority dates of claims of the complete specification.
How shall the opponent's application be proceeded with for all other purposes under Section 26(2)?	As an application for a patent under this Act.
What is the subject matter of Section 27?	Omitted.
What is the status of Section 27?	Omitted.
What was the marginal heading of Section 27 before its omission?	Refusal of patent without opposition.
By which Act was Section 27 omitted?	The Patents (Amendment) Act, 2005 (15 of 2005).
By which section of the Patents (Amendment) Act, 2005 was Section 27 omitted?	Section 24.
With effect from what date was Section 27 omitted?	1-1-2005.
What is the subject matter of Section 28?	Mention of inventor as such in patent.
When shall the Controller mention a person as inventor under Section 28(1)?	When he is satisfied that the person is the inventor of the invention or a substantial part thereof and the patent application is a direct consequence of his being the inventor.
What must the Controller be satisfied of under Section 28(1)(a)?	That the person is the inventor of the invention or of a substantial part of the invention.
What must the Controller be satisfied of under Section 28(1)(b)?	That the patent application is a direct consequence of the person's being the inventor.
Where shall the inventor be mentioned under Section 28(1)?	In the patent, the complete specification and the register of Patents.
Does mention as inventor confer or derogate from any rights under the patent?	No.
Who may make a request under Section 28(2)?	The applicant for the patent or, where the alleged inventor is not an applicant, the applicant and that person jointly.
Who may make a claim under Section 28(3)?	Any person, other than a person in respect of whom a request has already been made under Section 28(2), who desires to be mentioned as inventor.
When shall a request or claim under Section 28 be made?	Before the grant of the patent.
What is the subject matter of Section 28(5)?	Omitted.
What is the status of Section 28(5)?	Omitted.
To whom shall the Controller give notice of a claim made under Section 28(3)?	Every applicant for the patent (other than the claimant) and any other person whom the Controller considers interested.
Whom shall the Controller hear before deciding a request or claim under Section 28, if hearing is required?	The person in respect of or by whom the request or claim is made and, in the case of a claim under Section 28(3), every person to whom notice has been given.
Who may apply for a certificate under Section 28(7)?	Any person alleging that another person ought not to have been mentioned as inventor.
What may the Controller do on an application under Section 28(7)?	Issue a certificate and rectify the specification and the register accordingly after hearing, if required, interested persons.

CHAPTER-VI
ANTICIPATION
What is the subject matter of Section 29?	Anticipation by previous publication.
When shall an invention not be deemed to have been anticipated under Section 29(1)?	By reason only that it was published in a specification filed pursuant to an application for a patent made in India and dated before 1st January, 1912.
When shall prior publication not amount to anticipation under Section 29(2)?	Where the patentee or applicant proves that the publication was obtained from him or his predecessor in title without consent and the patent application was made as soon as reasonably practicable after learning of the publication.
What must the patentee or applicant prove under Section 29(2)(a)?	That the published matter was obtained from him or a person from whom he derives title and was published without consent.
What must the patentee or applicant prove under Section 29(2)(b)?	That after learning of the publication, the application was made as soon as reasonably practicable thereafter.
In the case of a convention application, from which date is prompt filing considered under Section 29(2)(b)?	From the date of the application for protection in a convention country.
When does the protection under Section 29(2) not apply?	Where, before the priority date, the invention was commercially worked in India otherwise than for the purpose of reasonable trial by or with the consent of the patentee, applicant or predecessor in title.
Does commercial working for the purpose of reasonable trial attract the proviso to Section 29(2)?	No.
When shall an invention not be deemed to have been anticipated under Section 29(3)?	By reason only of an earlier patent application made in contravention of the rights of the true and first inventor or his successor in title, or by subsequent use or publication without his consent in consequence of disclosure by the earlier applicant.
What is the subject matter of Section 30?	Anticipation by previous communication to Government.
When shall an invention not be deemed to have been anticipated under Section 30?	By reason only of the communication of the invention to the Government or to any person authorised by the Government to investigate the invention or its merits, or of anything done in consequence of such communication for the purpose of the investigation.
To whom may communication of an invention be made without constituting anticipation?	The Government or any person authorised by the Government to investigate the invention or its merits.
For what purpose may anything be done in consequence of such communication without constituting anticipation?	For the purpose of the investigation.
What is the subject matter of Section 31?	Anticipation by public display, etc.
When shall an invention not be deemed to have been anticipated under Section 31?	Where the application for the patent is made by the true and first inventor or a person deriving title from him not later than twelve months after the relevant event specified in the section.
Does display of an invention at a notified exhibition amount to anticipation?	No, if displayed with the consent of the true and first inventor or a person deriving title from him.
Which exhibitions are covered under Section 31(a)?	Industrial or other exhibitions to which the provisions of this section have been extended by the Central Government by notification in the Official Gazette.
Does use of the invention for the purpose of a notified exhibition amount to anticipation?	No, if used with the consent of the true and first inventor or a person deriving title from him.
Does publication of a description of the invention as a consequence of its display or use at a notified exhibition amount to anticipation?	No.
Does unauthorised use of the invention during the period of the exhibition amount to anticipation?	No.
Does the description of an invention in a paper read before a learned society amount to anticipation?	No, if the paper is read by the true and first inventor.
Does publication of a paper in the transactions of a learned society amount to anticipation?	No, if published with the consent of the true and first inventor.
Within what period must the patent application be made to claim protection under Section 31?	Not later than twelve months after the opening of the exhibition or the reading or publication of the paper, as the case may be.
What is the subject matter of Section 32?	Anticipation by public working.
When shall an invention not be deemed to have been anticipated by public working?	Where, within one year before the priority date of the relevant claim, it was publicly worked in India only for the purpose of reasonable trial and such public working was reasonably necessary having regard to the nature of the invention.
Who may publicly work the invention without constituting anticipation under Section 32(a)?	The patentee, the applicant for the patent or any person from whom he derives title.
Who else may publicly work the invention without constituting anticipation under Section 32(b)?	Any other person with the consent of the patentee, the applicant for the patent or any person from whom he derives title.
Within what period before the priority date may public working take place without constituting anticipation?	Within one year before the priority date of the relevant claim.
For what purpose must the public working be effected under Section 32?	For the purpose of reasonable trial only.
What additional condition must be satisfied for public working not to constitute anticipation?	It must be reasonably necessary, having regard to the nature of the invention, that the trial be effected in public.
What is the subject matter of Section 33?	Anticipation by use and publication after provisional specification.
When shall the Controller not refuse to grant a patent under Section 33(1)?	Where a complete specification is filed pursuant to an application accompanied by a provisional specification or a specification treated as a provisional specification, merely because the matter described therein was used or published after the filing of that specification.
When does Section 33(1) apply?	Where a complete specification is filed pursuant to an application accompanied by a provisional specification or where a complete specification is treated as a provisional specification under section 9(3).
Can a patent be revoked or invalidated merely because matter described in the provisional specification was used or published after its filing?	No.
Where may the matter described in the provisional specification be used or published without constituting anticipation under Section 33(1)?	In India or elsewhere.
From which date is subsequent use or publication protected under Section 33(1)?	From the date of filing of the provisional specification or the specification treated as a provisional specification.
When shall the Controller not refuse to grant a patent under Section 33(2)?	Where a complete specification is filed pursuant to a convention application, merely because matter disclosed in the convention application was used or published after the date of the application for protection.
Can a patent based on a convention application be revoked or invalidated merely because the disclosed matter was subsequently used or published?	No.
What application forms the basis of protection under Section 33(2)?	The application for protection in a convention country on which the convention application is founded.
Where may the matter disclosed in the convention application be used or published without constituting anticipation?	In India or elsewhere.
From which date is subsequent use or publication protected under Section 33(2)?	From the date of the application for protection in the convention country.

CHAPTER-VII
PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
What is the subject matter of Section 35?	Secrecy directions relating to inventions relevant for defence purposes.
When may the Controller issue secrecy directions under Section 35(1)?	Where it appears that the invention is of a class notified by the Central Government as relevant for defence purposes or otherwise appears to him to be so relevant.
To which patent applications does Section 35(1) apply?	Applications made before or after the commencement of this Act.
What directions may the Controller issue under Section 35(1)?	Directions prohibiting or restricting the publication of information with respect to the invention or the communication of such information.
What shall the Controller do after issuing secrecy directions under Section 35(2)?	Give notice of the application and the directions to the Central Government.
What shall the Central Government consider on receiving notice under Section 35(2)?	Whether publication of the invention would be prejudicial to the defence of India.
What shall the Central Government do if it finds that publication would not be prejudicial to the defence of India?	Give notice to the Controller to that effect.
What shall the Controller do upon receiving notice that publication would not prejudice the defence of India?	Revoke the secrecy directions and notify the applicant.
When may the Central Government notify the Controller that an invention is relevant for defence purposes under Section 35(3)?	At any time before the grant of the patent.
What is the effect of a notification by the Central Government under Section 35(3)?	Section 35(1) applies as if the invention were one of the class notified by the Central Government.
What shall the Controller do after issuing directions pursuant to a notification under Section 35(3)?	Give notice of the directions to the Central Government.
What is the subject matter of Section 36?	Secrecy directions to be periodically reviewed.
When shall the question whether an invention continues to be relevant for defence purposes be re-considered?	At intervals of six months or on a request made by the applicant which is found to be reasonable by the Controller.
Who shall re-consider whether an invention continues to be relevant for defence purposes?	The Central Government.
At what interval shall the Central Government review secrecy directions?	Every six months.
When may a review under Section 36(1) be conducted on the applicant's request?	When the request is found to be reasonable by the Controller.
When shall the Central Government direct revocation of secrecy directions?	When publication of the invention would no longer be prejudicial to the defence of India or, in the case of a foreign applicant, the invention is found to be published outside India.
What shall the Central Government do if it decides that secrecy directions should be revoked?	Give notice to the Controller to revoke the directions.
What shall the Controller do upon receiving notice under Section 36(1)?	Revoke the secrecy directions previously given by him.
How shall the result of every re-consideration under Section 36(1) be communicated?	Within such time and in such manner as may be prescribed.
To whom shall the result of every re-consideration under Section 36(1) be communicated?	The applicant.
What is the subject matter of Section 37?	Consequences of secrecy directions.
So long as secrecy directions under Section 35 remain in force, what order shall the Controller not pass?	An order refusing to grant the application.
Does an appeal lie against an order of the Controller while secrecy directions are in force?	No.
How far may an application proceed while secrecy directions remain in force?	Up to the stage of grant of the patent, subject to the directions.
What shall not be published while secrecy directions remain in force?	The application and the specification found to be in order for grant of the patent.
Can a patent be granted while secrecy directions remain in force?	No.
When does Section 37(2) apply?	Where the complete specification is found to be in order for grant of the patent during the continuance of secrecy directions under Section 35.
What is the effect of Government use of the invention during the continuance of secrecy directions?	Sections 100, 101 and 103 apply as if the patent had been granted.
When may the Central Government pay solatium to the applicant?	If it appears that the applicant has suffered hardship by reason of the continuance of the secrecy directions.
What factors shall the Central Government consider while determining solatium?	The novelty and utility of the invention, the purpose for which it is designed, and any other relevant circumstances.
Is any renewal fee payable for the period during which secrecy directions remained in force?	No.
What is the subject matter of Section 38?	Revocation of secrecy directions and extension of time.
When may the Controller extend the time for doing anything in connection with a patent application under Section 38?	When a direction given under section 35 is revoked by the Controller.
Does the Controller's power under Section 38 operate notwithstanding the time limits specified in this Act?	Yes.
What may the Controller extend under Section 38?	The time for doing anything required or authorised to be done by or under this Act in connection with the application.
May the Controller impose conditions while extending time under Section 38?	Yes.
Can the Controller extend time under Section 38 even after the prescribed time has expired?	Yes.
What is the subject matter of Section 39?	Residents not to apply for patents outside India without prior permission.
Who is prohibited from applying for patents outside India without prior permission under Section 39(1)?	A person resident in India.
Under whose authority may a resident in India apply for a patent outside India without fulfilling the conditions in Section 39(1)(a) and (b)?	Under a written permit sought in the prescribed manner and granted by or on behalf of the Controller.
What are the conditions for a resident in India to apply for a patent outside India without obtaining a written permit?	An application for the same invention must have been made in India not less than six weeks earlier, and no secrecy direction under section 35(1) should be in force or all such directions should have been revoked.
How long before the foreign application must the corresponding application be filed in India under Section 39(1)(a)?	Not less than six weeks.
What condition relating to secrecy directions must be satisfied under Section 39(1)(b)?	No direction under section 35(1) has been given, or all such directions have been revoked.
Within what period shall the Controller dispose of an application for permission under Section 39(2)?	Within such period as may be prescribed.
When shall the Controller not grant a permit under the proviso to Section 39(2)?	Where the invention is relevant for defence purposes or atomic energy, without the prior consent of the Central Government.
To which inventions does Section 39 not apply?	An invention for which an application for protection has first been filed in a country outside India by a person resident outside India.
What is the subject matter of Section 40?	Liability for contravention of section 35 or section 39.
What is the effect of contravening a secrecy direction under Section 35?	The patent application shall be deemed to have been abandoned and any patent granted shall be liable to be revoked under section 64.
What is the effect of making a patent application outside India in contravention of Section 39?	The patent application under this Act shall be deemed to have been abandoned and any patent granted shall be liable to be revoked under section 64.
Without prejudice to which Chapter does Section 40 operate?	Chapter XX.
Under which section is a patent liable to be revoked for contravention of Section 35 or Section 39?	Section 64.
What is the subject matter of Section 41?	Finality of orders of Controller and Central Government.
Which orders are declared final under Section 41?	Orders of the Controller giving directions as to secrecy and all orders of the Central Government under this Chapter.
Can orders under Section 41 be questioned in any court?	No.
What is the subject matter of Section 42?	Savings respecting disclosure to Government.
What does Section 42 save?	Disclosure by the Controller of information concerning a patent application or specification to the Central Government.
For what purpose may the Controller disclose information to the Central Government under Section 42?	For examining whether an order under this Chapter should be made or revoked.

CHAPTER-VIII
GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY
What is the subject matter of Section 43?	Grant of patents.
When shall a patent be granted under Section 43(1)?	Where the application has been found to be in order for grant and has neither been refused by the Controller nor found to be in contravention of this Act.
To whom shall a patent be granted under Section 43(1)?	To the applicant or, in the case of a joint application, to the applicants jointly.
How shall a patent be granted under Section 43(1)?	With the seal of the patent office.
When shall a patent be granted under Section 43(1)?	As expeditiously as possible.
What entry shall be made in the register on the grant of a patent?	The date on which the patent is granted.
What shall the Controller do on the grant of a patent under Section 43(2)?	Publish the fact that the patent has been granted.
What documents become open for public inspection after the grant of a patent?	The application, specification and other documents related thereto.
When do the application, specification and other related documents become open for public inspection?	Upon publication of the fact that the patent has been granted.
What is the subject matter of Section 44?	Amendment of patent granted to deceased applicant.
When may the Controller amend a patent under Section 44?	Where, after the patent has been granted, he is satisfied that the patentee had died or, in the case of a body corporate, had ceased to exist before the patent was granted.
What amendment may the Controller make under Section 44?	Substitute the name of the person to whom the patent was granted with the name of the person to whom the patent ought to have been granted.
What is the effect of an amendment made under Section 44?	The patent shall have effect and shall be deemed always to have had effect accordingly.
What is the subject matter of Section 45?	Date of patent.
Subject to what shall every patent be dated as of the date on which the application for patent was filed?	The other provisions contained in this Act.
What is the date of every patent under Section 45(1)?	The date on which the application for patent was filed.
What shall be entered in the register under Section 45(2)?	The date of every patent.
Can a suit or other proceeding be commenced for an infringement committed before the date of publication of the application?	No.
Before which date is no suit or other proceeding maintainable for infringement under Section 45(3)?	The date of publication of the application.
What is the subject matter of Section 46?	Form, extent and effect of patent.
In what form shall every patent be granted?	In the prescribed form.
What is the territorial extent of a patent under Section 46(1)?	It shall have effect throughout India.
For how many inventions shall a patent be granted?	One invention only.
What does the proviso to Section 46(2) provide?	No objection shall be taken in any suit or other proceeding on the ground that the patent has been granted for more than one invention.
Can a patent be challenged in a suit or other proceeding on the ground that it was granted for more than one invention?	No.
What is the subject matter of Section 47?	Grant of patents to be subject to certain conditions.
Subject to what are patents granted under the Patents Act?	The conditions specified in Section 47.
What may the Government do with a patented machine, apparatus, other article or article made by a patented process under Section 47(1)?	Import or make it for the purpose merely of its own use.
For what purpose may the Government import or make a patented article under Section 47(1)?	Merely for its own use.
What may the Government do with a patented process under Section 47(2)?	Use it for the purpose merely of its own use.
For what purpose may a patented process be used by or on behalf of the Government?	Merely for its own use.
For what purposes may any person make or use a patented article or use a patented process under Section 47(3)?	Merely for experiment or research, including the imparting of instructions to pupils.
Does experiment or research under Section 47(3) include imparting instructions to pupils?	Yes.
What may the Government do with a patented medicine or drug under Section 47(4)?	Import it for the purpose merely of its own use or for distribution in specified medical institutions.
For what purposes may the Government import a patented medicine or drug under Section 47(4)?	Merely for its own use or for distribution in specified dispensaries, hospitals or other medical institutions.
In which institutions may a patented medicine or drug be distributed under Section 47(4)?	Dispensaries, hospitals or other medical institutions maintained by or on behalf of the Government or specified by the Central Government.
How does the Central Government specify other medical institutions under Section 47(4)?	By notification in the Official Gazette.
On what basis may the Central Government specify other medical institutions under Section 47(4)?	Having regard to the public service rendered by the dispensary, hospital or medical institution.
What is the subject matter of Section 48?	Rights of patentees.
Subject to what are the rights conferred by a patent under Section 48?	The other provisions of this Act and the conditions specified in section 47.
What rights does a product patent confer under Section 48(a)?	The exclusive right to prevent third parties, without the patentee's consent, from making, using, offering for sale, selling or importing the patented product in India.
Against whom are the rights under Section 48(a) enforceable?	Third parties who do not have the patentee's consent.
What acts may a patentee prevent in respect of a patented product under Section 48(a)?	Making, using, offering for sale, selling or importing the product in India.
What rights does a process patent confer under Section 48(b)?	The exclusive right to prevent third parties, without the patentee's consent, from using the patented process and from using, offering for sale, selling or importing in India the product obtained directly by that process.
What acts may a patentee prevent in respect of a patented process under Section 48(b)?	Using the process and using, offering for sale, selling or importing in India the product obtained directly by that process.
Against whom are the rights under Section 48(b) enforceable?	Third parties who do not have the patentee's consent.
What is the subject matter of Section 49?	Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.
When does Section 49(1) apply?	When a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India temporarily or accidentally only.
What is the effect of Section 49(1)?	The rights conferred by a patent shall not be deemed to be infringed by the specified use of the invention.
When is use of an invention on a foreign vessel not deemed to infringe patent rights?	When it is used in the body of the vessel or its machinery, tackle, apparatus or other accessories on board the vessel and for its actual needs only.
When is use of an invention in a foreign aircraft or land vehicle not deemed to infringe patent rights?	When it is used in the construction or working of the aircraft or land vehicle or its accessories.
To which foreign vessels, aircraft or land vehicles does Section 49(2) not apply?	Those owned by persons ordinarily resident in a foreign country whose laws do not confer corresponding rights to persons ordinarily resident in India.
What is the condition for claiming protection under Section 49(2)?	The foreign country's laws must confer corresponding rights in respect of the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while within that country's jurisdiction.
What is the subject matter of Section 50?	Rights of co-owners of patents.
What is the share of each co-owner where a patent is granted to two or more persons?	An equal undivided share in the patent, unless an agreement to the contrary is in force.
What rights does each co-owner have under Section 50(2)?	The rights conferred by section 48 for his own benefit without accounting to the other co-owner or co-owners.
Subject to which provisions is Section 50(2) applicable?	This section and section 51.
Must a co-owner account to the other co-owners for exercising rights under Section 48?	No.
Can a co-owner grant a licence under the patent without the consent of the other co-owners?	No.
Can a co-owner assign his share in the patent without the consent of the other co-owners?	No.
Subject to what is the restriction under Section 50(3)?	This section, section 51 and any agreement for the time being in force.
What is the effect of the sale of a patented article by one of the co-owners?	The purchaser and any person claiming through him may deal with the article as if it had been sold by a sole patentee.
Which rules apply to the ownership and devolution of patents under Section 50(5)?	The rules of law applicable to the ownership and devolution of movable property generally.
Do Sections 50(1) and 50(2) affect the rights or obligations of trustees or legal representatives?	No.
Whose rights are preserved under Section 50(6)?	The assignees of a partial interest in a patent created before the commencement of this Act.
What is the subject matter of Section 51?	Power of Controller to give directions to co-owners.
When may the Controller exercise powers under Section 51(1)?	On an application made in the prescribed manner by any person registered as grantee or proprietor of a patent.
What directions may the Controller give under Section 51(1)?	Directions regarding the sale or lease of the patent or any interest therein, the grant of licences, or the exercise of any right under section 50.
In what manner shall an application under Section 51(1) be made?	In the prescribed manner.
When may the Controller act under Section 51(2)?	Where a registered grantee or proprietor fails to execute an instrument or do any other required act within fourteen days after a written request.
Within what period must a co-owner comply with a written request under Section 51(2)?	Fourteen days.
What directions may the Controller give under Section 51(2)?	Directions empowering any person to execute the instrument or do the required act in the name and on behalf of the person in default.
Who may apply under Section 51(2)?	Any other person registered as grantee or proprietor of the patent.
Whom shall the Controller hear before giving directions under Section 51(1)?	The other person or persons registered as grantee or proprietor of the patent.
Whom shall the Controller hear before giving directions under Section 51(2)?	The person in default.
What directions shall not be given under Section 51(4)?	Directions affecting the mutual rights or obligations of trustees or legal representatives or directions inconsistent with the terms of any agreement between the co-owners.
What is the subject matter of Section 52?	Grant of patent to true and first inventor where it has been obtained by another in fraud of him.
When may the Court permit grant of a patent to the petitioner under Section 52(1)?	Where the patent is revoked under section 64 for having been wrongfully obtained or the complete specification is amended by exclusion of claims obtained from the petitioner.
What may the Court permit under Section 52(1)?	Grant to the petitioner of the whole or such part of the invention found to have been wrongfully obtained by the patentee.
In lieu of what may the Court permit grant of a patent under Section 52(1)?	In lieu of the patent revoked or the part excluded by amendment.
What shall the Controller do when an order under Section 52(1) is passed?	Grant a new patent on the request of the petitioner made in the prescribed manner.
What patent shall be granted where the whole patent is permitted under Section 52(2)(i)?	A new patent bearing the same date and number as the patent revoked.
What patent shall be granted where only part of the patent is permitted under Section 52(2)(ii)?	A new patent for that part bearing the same date as the patent revoked and numbered in the prescribed manner.
What condition may the Controller impose before granting a patent under the proviso to Section 52(2)?	Filing of a new and complete specification to the satisfaction of the Controller describing and claiming the part of the invention for which the patent is to be granted.
Can a suit be brought for infringement committed before the actual grant of a patent under Section 52?	No.
What is the subject matter of Section 53?	Term of patent.
What is the term of every patent under Section 53(1)?	Twenty years from the date of filing of the application for the patent.
To which patents does Section 53(1) apply?	Every patent granted after the commencement of the Patents (Amendment) Act, 2002 and every patent which had not expired and had not ceased to have effect on such commencement.
What is the term of a patent in the case of an international application designating India?	Twenty years from the international filing date accorded under the Patent Cooperation Treaty.
When shall a patent cease to have effect under Section 53(2)?	On the expiration of the period prescribed for payment of the renewal fee if the fee is not paid within the prescribed or extended period.
Can a patent continue if the renewal fee is not paid within the prescribed or extended period?	No.
What is the subject matter of Section 53(3)?	Omitted.
What is the status of Section 53(3)?	Omitted.
What is the effect of cessation of patent rights due to non-payment of renewal fee or expiry of the patent term under Section 53(4)?	The subject matter covered by the patent shall not be entitled to any protection.
Does Section 53(4) operate notwithstanding any other law for the time being in force?	Yes.

CHAPTER-IX
PATENTS OF ADDITION
What is the subject matter of Section 54?	Patents of addition.
When may the Controller grant a patent of addition under Section 54(1)?	Where the application relates to an improvement in or modification of the main invention and the applicant has applied for or is the patentee of the main invention, and requests such grant.
What is the "main invention" under Section 54(1)?	The invention described or disclosed in the complete specification filed therefor.
In respect of what may a patent of addition be granted under Section 54(1)?	An improvement in or modification of the main invention.
What must the applicant possess in relation to the main invention to obtain a patent of addition under Section 54(1)?	He must have applied for a patent for the main invention or be the patentee thereof.
When may the Controller revoke an independent patent and grant a patent of addition under Section 54(2)?	Where the invention is an improvement in or modification of the main invention, both patents belong to the same patentee, and the patentee so requests.
What is the date of a patent of addition granted under Section 54(2)?	The same date as the patent revoked.
What is the condition relating to the filing date for grant of a patent of addition under Section 54(3)?	The filing date of the application shall be the same as or later than the filing date of the application for the main invention.
Can a patent of addition be granted before the grant of the patent for the main invention?	No.
What is the subject matter of Section 55?	Term of patents of addition.
What is the term of a patent of addition under Section 55(1)?	A term equal to that of the patent for the main invention or so much thereof as has not expired.
How long does a patent of addition remain in force?	During the term of the patent for the main invention or until its previous cesser, whichever is earlier.
When may a patent of addition become an independent patent?	When the patent for the main invention is revoked under this Act and the Court or the Controller so orders on the patentee's request made in the prescribed manner.
For what period does a patent of addition continue as an independent patent?	For the remainder of the term of the patent for the main invention.
Are renewal fees payable for a patent of addition?	No.
When do renewal fees become payable for a patent of addition?	When it becomes an independent patent under Section 55(1).
How are renewal fees payable after a patent of addition becomes an independent patent?	The same fees shall be payable on the same dates as if it had originally been granted as an independent patent.
What is the subject matter of Section 56?	Validity of patents of addition.
On what ground shall the grant of a patent of addition not be refused under Section 56(1)?	On the ground only that the invention does not involve an inventive step having regard to the publication or use of the main invention or its improvement or modification.
Can a patent of addition be revoked or invalidated on the ground that it lacks an inventive step in view of the main invention or its improvement or modification?	No.
With reference to what publications or uses is inventive step protected under Section 56(1)?	The main invention and any improvement or modification of the main invention described in the complete specification of a patent of addition or an application for such patent of addition.
Can the validity of a patent of addition be questioned on the ground that the invention ought to have been the subject of an independent patent?	No.
What shall be taken into account in determining the novelty of an invention claimed in a patent of addition?	The complete specification in which the main invention is described.

CHAPTER-X
AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
What is the subject matter of Section 57?	Amendment of application and specification before Controller.
Subject to which provision is the Controller's power to allow amendment under Section 57?	Section 59.
Who may apply for amendment under Section 57(1)?	An applicant for a patent or a patentee.
What may the Controller allow to be amended under Section 57(1)?	The application for the patent, the complete specification or any document relating thereto.
On what terms may the Controller allow an amendment under Section 57(1)?	Subject to such conditions as he thinks fit.
When shall the Controller not pass an order allowing or refusing an application for amendment under the proviso to Section 57(1)?	While any suit for infringement or any proceeding before the High Court for revocation of the patent is pending.
What particulars shall every application for amendment under Section 57(2) contain?	The nature of the proposed amendment and full particulars of the reasons for making the application.
When may an application for amendment be published under Section 57(3)?	Where it is made after the grant of the patent.
Who may oppose an application published under Section 57(3)?	Any person interested.
Within what period may opposition be filed under Section 57(4)?	Within the prescribed period after publication.
What shall the Controller do on receipt of a notice of opposition under Section 57(4)?	Notify the applicant and give the applicant and the opponent an opportunity of being heard before deciding the case.
What may an amendment of a complete specification include under Section 57(5)?	An amendment of the priority date of a claim.
Does Section 57 affect the applicant's right to amend the specification or related documents to comply with the Controller's directions before grant of a patent?	No.
What is the subject matter of Section 58?	Amendment of specification before Appellate Board or High Court.
Subject to which provision may the High Court allow amendment of a complete specification under Section 58(1)?	Section 59.
When may the High Court allow amendment of a complete specification under Section 58(1)?	In any proceeding before the High Court for the revocation of a patent.
On what terms may the High Court allow amendment under Section 58(1)?	On such terms as to costs, advertisement or otherwise as it thinks fit.
What may the High Court do instead of revoking a patent if it finds the patent invalid?	Allow the complete specification to be amended under Section 58.
To whom shall notice of an application under Section 58 be given?	The Controller.
What right does the Controller have upon receipt of notice under Section 58(2)?	To appear and be heard.
When is the Controller required to appear before the High Court under Section 58(2)?	When so directed by the High Court.
What shall the High Court transmit to the Controller under Section 58(3)?	Copies of all orders allowing the patentee to amend the specification.
What shall the Controller do on receipt of an order under Section 58(3)?	Cause an entry of the order and a reference thereto to be made in the register.
What is the subject matter of Section 59?	Supplementary provisions as to amendment of application or specification.
In what manner may an application, complete specification or related document be amended under Section 59(1)?	Only by way of disclaimer, correction or explanation.
For what purpose alone shall an amendment be allowed under Section 59(1)?	For the purpose of incorporation of actual fact.
What amendment of a complete specification is prohibited under Section 59(1)?	An amendment that would claim or describe matter not in substance disclosed or shown in the specification before the amendment.
What amendment of a claim is prohibited under Section 59(1)?	An amendment by which a claim would not fall wholly within the scope of a claim of the specification before the amendment.
What is the effect of an amendment allowed after the grant of a patent under Section 59(2)(a)?	The amendment shall be deemed to form part of the specification along with other documents related thereto.
What shall be published after an amendment is allowed under Section 59(2)(b)?	The fact that the specification or any other documents related thereto has been amended.
When shall the fact of amendment be published under Section 59(2)(b)?	As expeditiously as possible.
On what ground alone may the right of the applicant or patentee to make an amendment be questioned under Section 59(2)(c)?	Fraud.
To what may reference be made in construing an amended specification under Section 59(3)?	The specification as originally accepted.

CHAPTER-XI
RESTORATION OF LAPSED PATENTS
What is the subject matter of Section 60?	Applications for restoration of lapsed patents.
When may an application for restoration of a patent be made under Section 60(1)?	Where the patent has ceased to have effect due to failure to pay the renewal fee within the period prescribed under section 53 or the period allowed under section 142(4).
Who may apply for restoration of a lapsed patent under Section 60(1)?	The patentee, his legal representative, or, with the leave of the Controller, one or more joint patentees without joining the others.
Within what period shall an application for restoration be made?	Within eighteen months from the date on which the patent ceased to have effect.
Can one or more joint patentees apply for restoration without joining the others?	Yes, with the leave of the Controller.
What is the subject matter of Section 60(2)?	Omitted.
What is the status of Section 60(2)?	Omitted.
What shall an application for restoration contain under Section 60(3)?	A statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee.
How shall the statement under Section 60(3) be verified?	In the prescribed manner.
What further power does the Controller have under Section 60(3)?	To require such further evidence from the applicant as he thinks necessary.
What is the subject matter of Section 61?	Procedure for disposal of applications for restoration of lapsed patents.
When shall the Controller publish an application for restoration under Section 61(1)?	When he is prima facie satisfied that the failure to pay the renewal fee was unintentional and there has been no undue delay in making the application.
When shall the Controller hear the applicant under Section 61(1)?	Where the applicant so desires or the Controller thinks fit.
What must the Controller be prima facie satisfied of before publishing the application?	That the failure to pay the renewal fee was unintentional and there has been no undue delay in making the application.
Who may oppose an application for restoration under Section 61(1)?	Any person interested.
Within what period may opposition to restoration be filed?	Within the prescribed period.
On what grounds may opposition be filed under Section 61(1)?	That the failure to pay the renewal fee was not unintentional or that there has been undue delay in making the application.
What shall the Controller do on receipt of a notice of opposition under Section 61(2)?	Notify the applicant and give the applicant and the opponent an opportunity of being heard.
When shall the Controller restore the patent under Section 61(3)?	Where no opposition is filed or the decision is in favour of the applicant, upon payment of the unpaid renewal fee and the prescribed additional fee.
What fees are payable before restoration under Section 61(3)?	Any unpaid renewal fee and such additional fee as may be prescribed.
What else shall be restored under Section 61(3)?	Any patent of addition specified in the application which ceased to have effect on the cesser of that patent.
What condition may the Controller impose while restoring a patent under Section 61(4)?	That an entry of any document or matter required to be entered in the register but not so entered shall be made.
What is the subject matter of Section 62?	Rights of patentees of lapsed patents which have been restored.
To what are the rights of a patentee subject when a patent is restored?	Such provisions as may be prescribed and such other provisions as the Controller thinks fit to impose.
For whose protection or compensation may the Controller impose conditions under Section 62(1)?	Persons who have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention.
During which period are such persons protected under Section 62(1)?	Between the date on which the patent ceased to have effect and the date of publication of the application for restoration.
What kinds of steps taken by third parties are protected under Section 62(1)?	Definite steps by contract or otherwise to avail themselves of the patented invention.
What is the effect of Section 62(2)?	No suit or other proceeding shall be commenced or prosecuted for infringement committed during the specified period.
In respect of which infringements is no suit or other proceeding maintainable under Section 62(2)?	Infringements 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.
Between which dates is infringement immune from suit under Section 62(2)?	Between the date on which the patent ceased to have effect and the date of publication of the application for restoration of the patent.

CHAPTER-XII
SURRENDER AND REVOCATION OF PATENTS
What is the subject matter of Section 63?	Surrender of patents.
Who may offer to surrender a patent under Section 63(1)?	The patentee.
When may a patentee offer to surrender a patent?	At any time.
How shall a patentee offer to surrender a patent?	By giving notice to the Controller in the prescribed manner.
What shall the Controller do when an offer to surrender is made?	Publish the offer in the prescribed manner and notify every person, other than the patentee, whose name appears in the register as having an interest in the patent.
Who shall be notified by the Controller under Section 63(2)?	Every person, other than the patentee, whose name appears in the register as having an interest in the patent.
Who may oppose the surrender of a patent under Section 63(3)?	Any person interested.
Within what period may opposition to surrender be filed?	Within the prescribed period after publication of the offer.
What shall the Controller do upon receiving a notice of opposition?	Notify the patentee.
When may the Controller accept the offer to surrender?	When, after hearing the patentee and any opponent desirous of being heard, he is satisfied that the patent may properly be surrendered.
What is the effect of acceptance of the offer to surrender?	The Controller may revoke the patent by order.
What is the subject matter of Section 64?	Revocation of patents.
Who may seek revocation of a patent under Section 64(1)?	Any person interested, the Central Government, or a defendant by counter-claim in a suit for infringement.
Which authority may revoke a patent under Section 64(1)?	The High Court.
Can a patent granted before the commencement of this Act be revoked under Section 64?	Yes.
Can a patent granted after the commencement of this Act be revoked under Section 64?	Yes.
On what ground may a patent be revoked under Section 64(1)(a)?	The invention was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India.
On what ground may a patent be revoked under Section 64(1)(b)?	The patent was granted on the application of a person not entitled under this Act to apply for it.
What is the subject matter of Section 64(1)(bA)?	Omitted.
What is the status of Section 64(1)(bA)?	Omitted.
On what ground may a patent be revoked under Section 64(1)(c)?	The patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims.
On what ground may a patent be revoked under Section 64(1)(d)?	The subject of any claim of the complete specification is not an invention within the meaning of this Act.
On what ground may a patent be revoked under Section 64(1)(e)?	The invention is not new having regard to prior public knowledge, prior public use in India, or prior publication in India or elsewhere in the documents referred to in section 13.
What is the subject matter of Section 64(1)(eA)?	Omitted.
What is the status of Section 64(1)(eA)?	Omitted.
On what ground may a patent be revoked under Section 64(1)(f)?	The invention is obvious or does not involve any inventive step having regard to prior public knowledge, public use or publication before the priority date.
What is the subject matter of Section 64(1)(fA)?	Omitted.
What is the status of Section 64(1)(fA)?	Omitted.
On what ground may a patent be revoked under Section 64(1)(g)?	The invention is not useful.
On what ground may a patent be revoked under Section 64(1)(h)?	The complete specification does not sufficiently and fairly describe the invention or the method of performing it, does not enable a person skilled in the art to work the invention, or does not disclose the best method known to the applicant.
What standard must the complete specification satisfy under Section 64(1)(h)?	It must enable a person in India possessing average skill and average knowledge in the relevant art to work the invention.
On what ground may a patent be revoked under Section 64(1)(i)?	The scope of a claim is not sufficiently and clearly defined or a claim is not fairly based on the matter disclosed in the specification.
On what ground may a patent be revoked under Section 64(1)(j)?	The patent was obtained on a false suggestion or representation.
On what ground may a patent be revoked under Section 64(1)(k)?	The subject of any claim of the complete specification is not patentable under this Act.
On what ground may a patent be revoked under Section 64(1)(l)?	The invention was secretly used in India, otherwise than as mentioned in Section 64(3), before the priority date of the claim.
What is the subject matter of Section 64(1)(m)?	Failure to disclose information under section 8 or furnishing false information.
On what ground may a patent be revoked under Section 64(1)(m)?	The applicant failed to disclose information required by section 8 or furnished information which in any material particular was false to his knowledge.
What is the subject matter of Section 64(1)(n)?	Contravention of secrecy directions or section 39.
On what ground may a patent be revoked under Section 64(1)(n)?	The applicant contravened a secrecy direction under section 35 or made or caused to be made an application for a patent outside India in contravention of section 39.
What is the subject matter of Section 64(1)(o)?	Fraud in obtaining leave to amend.
On what ground may a patent be revoked under Section 64(1)(o)?	Leave to amend the complete specification under section 57 or section 58 was obtained by fraud.
What is the subject matter of Section 64(1)(p)?	Non-disclosure or wrong disclosure of biological material source.
On what ground may a patent be revoked under Section 64(1)(p)?	The complete specification does not disclose or wrongly mentions the source or geographical origin of the biological material used for the invention.
What is the subject matter of Section 64(1)(q)?	Anticipation by traditional or indigenous knowledge.
On what ground may a patent be revoked under Section 64(1)(q)?	The invention was anticipated by knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.
For the purposes of Sections 64(1)(e) and 64(1)(f), what shall not be taken into account under Section 64(2)(a)?	Personal document, secret trial or secret use.
For the purposes of Sections 64(1)(e) and 64(1)(f), when does importation into India constitute knowledge or use of the invention?	On the date of importation of the product made abroad by the patented process.
When does importation into India not constitute knowledge or use of the invention under Section 64(2)(b)?	Where the importation is for the purpose of reasonable trial or experiment only.
What use of an invention shall be disregarded for the purposes of Section 64(1)(l)?	The uses specified in Section 64(3).
What use shall not be taken into account under Section 64(3)(a)?	Use for the purpose of reasonable trial or experiment only.
What Government use shall not be taken into account under Section 64(3)(b)?	Use by the Government, a person authorised by the Government or a Government undertaking in consequence of communication or disclosure of the invention by the applicant or his predecessor in title.
Whose communication or disclosure is covered under Section 64(3)(b)?	That of the applicant for the patent or any person from whom he derives title.
What use by another person shall not be taken into account under Section 64(3)(c)?	Use in consequence of communication or disclosure by the applicant or his predecessor in title without their consent or acquiescence.
Without whose consent or acquiescence must the use occur under Section 64(3)(c)?	The applicant's or the person from whom he derives title.
When may the High Court revoke a patent under Section 64(4)?	On the petition of the Central Government if the patentee has, without reasonable cause, failed to comply with the Central Government's request to make, use or exercise the patented invention for Government purposes on reasonable terms.
Who may file a petition under Section 64(4)?	The Central Government.
For what failure may a patent be revoked under Section 64(4)?	Failure, without reasonable cause, to comply with the Central Government's request to make, use or exercise the patented invention for Government purposes on reasonable terms.
Within the meaning of which section are Government purposes referred to in Section 64(4)?	Section 99.
On whom shall notice of a petition for revocation be served under Section 64(5)?	All persons appearing from the register to be proprietors of the patent or to have shares or interests therein.
Is it necessary to serve notice of a revocation petition on any other person under Section 64(5)?	No.
What is the subject matter of Section 65?	Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.
When may the Central Government direct revocation of a patent under Section 65(1)?	Where it is satisfied that the patent is for an invention relating to atomic energy for which no patent can be granted under section 20(1) of the Atomic Energy Act, 1962.
To whom may the Central Government issue directions under Section 65(1)?	The Controller.
What shall the Controller do before revoking a patent under Section 65(1)?	Give notice to the patentee and every person entered in the register as having an interest in the patent and give them an opportunity of being heard.
Who shall receive notice before revocation under Section 65(1)?	The patentee and every other person whose name has been entered in the register as having an interest in the patent.
What may the Controller do instead of revoking the patent under Section 65(2)?	Allow the patentee to amend the complete specification in such manner as he considers necessary.
What is the subject matter of Section 66?	Revocation of patent in public interest.
When may the Central Government revoke a patent under Section 66?	Where it is of opinion that the patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public.
What opportunity must be given before revocation under Section 66?	An opportunity of being heard to the patentee.
How does the Central Government revoke a patent under Section 66?	By making a declaration to that effect in the Official Gazette.
What is the effect of a declaration under Section 66?	The patent shall be deemed to be revoked.

CHAPTER-XIII
REGISTER OF PATENTS
What is the subject matter of Section 67?	Register of patents and particulars to be entered therein.
Where shall the register of patents be kept?	At the patent office.
What shall be entered in the register under Section 67(1)(a)?	The names and addresses of grantees of patents.
What notifications shall be entered in the register under Section 67(1)(b)?	Notifications of assignments, transmissions of patents, licences under patents, and amendments, extensions and revocations of patents.
What other particulars shall be entered in the register under Section 67(1)(c)?	Such other matters affecting the validity or proprietorship of patents as may be prescribed.
Can notice of a trust be entered in the register?	No.
What kinds of trusts are excluded from entry in the register?	Express, implied and constructive trusts.
Is the Controller affected by notice of any trust?	No.
Under whose control and management shall the register be kept?	The Controller.
Subject to whose superintendence and direction shall the register be kept?	The Central Government.
In what electronic forms may the Controller keep the register of patents?	Computer floppies, diskettes or any other electronic form.
Subject to what may the register be kept in electronic form?	Such safeguards as may be prescribed.
What evidentiary value does a certified copy or extract of the register have under Section 67(5)?	It is admissible in evidence in all legal proceedings.
Who may certify a copy or extract of the register under Section 67(5)?	The Controller or an officer duly authorised by the Controller.
What shall a reference to an entry in the register include where the register is kept electronically?	A record of particulars kept in computer floppies, diskettes or any other electronic form comprising the register or part thereof.
What shall references to particulars being registered or entered include where the register is kept electronically?	Keeping a record of those particulars in computer floppies, diskettes or any other electronic form comprising the register or part thereof.
How shall references to rectification of the register be construed where the register is kept electronically?	As including rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form comprising the register or part thereof.
What is the subject matter of Section 68?	Assignments, etc., not to be valid unless in writing and duly executed.
What transactions relating to a patent are governed by Section 68?	Assignment of a patent or share in a patent, mortgage, licence or creation of any other interest in a patent.
When is an assignment of a patent or share in a patent valid?	Only if it is in writing and duly executed.
When is a mortgage, licence or creation of any other interest in a patent valid?	Only if it is in writing and duly executed.
What form must the agreement between the parties take under Section 68?	A document embodying all the terms and conditions governing their rights and obligations.
What must the document under Section 68 contain?	All the terms and conditions governing the rights and obligations of the parties.
What is the subject matter of Section 68?	Assignments, etc., not to be valid unless in writing and duly executed.
What transactions relating to a patent are governed by Section 68?	Assignment of a patent or share in a patent, mortgage, licence or creation of any other interest in a patent.
When is an assignment of a patent or share in a patent valid?	Only if it is in writing and duly executed.
When is a mortgage, licence or creation of any other interest in a patent valid?	Only if it is in writing and duly executed.
What form must the agreement between the parties take under Section 68?	A document embodying all the terms and conditions governing their rights and obligations.
What must the document under Section 68 contain?	All the terms and conditions governing the rights and obligations of the parties.
What is the subject matter of Section 69?	Registration of assignments, transmissions, etc.
Who must apply for registration under Section 69(1)?	A person who becomes entitled to a patent, a share in a patent, or any other interest in a patent by assignment, transmission, operation of law, mortgage, licence or otherwise.
To whom is the application under Section 69(1) made?	The Controller.
In what manner is an application under Section 69(1) made?	In writing in the prescribed manner.
Who may apply under Section 69(2)?	The assignor, mortgagor, licensor or other party to the instrument.
What must the Controller do when satisfied about the title under Section 69(3)(a)?	Register the person as proprietor or co-proprietor and enter particulars of the instrument or event by which he derives title.
What must the Controller do when the person is entitled to any other interest under Section 69(3)(b)?	Enter notice of the interest in the register with particulars of the instrument creating it.
When may the Controller refuse to register the title or interest under the Proviso to Section 69(3)?	When there is a dispute regarding the validity of the assignment, mortgage, licence, transmission, operation of law or similar transaction until determined by a competent court.
What documents must be supplied to the Controller under Section 69(4)?	Authenticated copies of all agreements, licences and other documents affecting the title to a patent or licence and such other prescribed documents.
What protection is available under the Proviso to Section 69(4)?	The Controller shall, on request, keep the terms of a patent licence confidential except under the order of a court.
What is the consequence of non-registration under Section 69(5)?	The document shall not be admitted as evidence of title before the Controller or any court.
What are the exceptions to Section 69(5)?	Proceedings under Section 69(1), applications for rectification of the register, or where the Controller or court directs otherwise by recording reasons in writing.
What is the subject matter of Section 70?	Power of registered grantee or proprietor to deal with patent.
Subject to what is the power of a registered grantee or proprietor to deal with a patent?	The provisions relating to co-ownership of patents and any rights vested in another person of which notice is entered in the register.
Who has the power to deal with a patent under Section 70?	The person or persons registered as grantee or proprietor of the patent.
What powers does a registered grantee or proprietor have under Section 70?	To assign, grant licences under, or otherwise deal with the patent.
Who may give effectual receipts for consideration received on assignment, licence or other dealing with the patent?	The registered grantee or proprietor of the patent.
What does the proviso to Section 70 provide regarding equities?	Equities in respect of the patent may be enforced in the same manner as in respect of any other movable property.
What is the subject matter of Section 71?	Rectification of register by High Court.
Who may apply for rectification of the register under Section 71(1)?	Any person aggrieved.
On what ground may a person seek rectification under Section 71(1)(a)?	Absence or omission from the register of any entry.
On what ground may a person seek rectification under Section 71(1)(b)?	An entry made in the register without sufficient cause.
On what ground may a person seek rectification under Section 71(1)(c)?	An entry wrongly remaining on the register.
On what ground may a person seek rectification under Section 71(1)(d)?	An error or defect in any entry in the register.
What orders may the High Court make under Section 71(1)?	Orders for the making, variation or deletion of any entry in the register.
What power does the High Court have under Section 71(2)?	To decide any question necessary or expedient in connection with the rectification of the register.
To whom shall notice of an application under Section 71 be given?	The Controller.
In what manner shall notice under Section 71(3) be given?	In the prescribed manner.
What right does the Controller have in proceedings under Section 71?	To appear and be heard.
When shall the Controller appear before the High Court under Section 71(3)?	When so directed by the High Court.
What shall an order rectifying the register direct under Section 71(4)?	That notice of the rectification be served upon the Controller in the prescribed manner.
What shall the Controller do on receipt of notice of rectification under Section 71(4)?	Rectify the register accordingly.
What is the subject matter of Section 72?	Register to be open for inspection.
Subject to what shall the register be open for inspection under Section 72(1)?	The provisions of this Act and the rules made thereunder.
Who may inspect the register under Section 72(1)?	The public.
When shall the register be open for inspection?	At all convenient times.
Who may obtain certified copies of entries in the register?	Any person requiring them.
What is required to obtain certified copies of entries in the register?	Payment of the prescribed fee.
With what shall certified copies of entries in the register be sealed?	The seal of the patent office.
What evidentiary value does the register have under Section 72(2)?	It is prima facie evidence of matters required or authorised by or under this Act to be entered therein.
How is compliance with Sections 72(1) and 72(2) ensured where the register is kept electronically?	By giving the public access to the electronic records or their printouts for inspection.
In what electronic forms may the record of particulars be kept under Section 72(3)?	Computer floppies, diskettes or any other electronic form.
What is the subject matter of Section 73?	Controller and other officers.
Who shall be the Controller of Patents for the purposes of this Act?	The Controller General of Patents, Designs and Trade Marks appointed under section 3(1) of the Trade Marks Act, 1999.
Who may appoint examiners and other officers under Section 73(2)?	The Central Government.
What may the Central Government determine while appointing officers under Section 73(2)?	Their number and designations.
Under whose superintendence and directions shall officers appointed under Section 73(2) discharge their functions?	The Controller.
How are officers authorised to discharge the functions of the Controller under Section 73(3)?	By a general or special order in writing made by the Controller.
What power does the Controller have under Section 73(4)?	To withdraw any matter pending before an officer and deal with it himself or transfer it to another officer.
How shall the Controller exercise the power under Section 73(4)?	By an order in writing recording reasons.
How may the Controller deal with a matter withdrawn under Section 73(4)?	Either de novo or from the stage at which it was withdrawn.
To whom may the Controller transfer a withdrawn matter under Section 73(4)?	Another officer appointed under Section 73(2).
How may the transferee officer proceed with a transferred matter under Section 73(4)?	Subject to special directions in the transfer order, either de novo or from the stage at which it was transferred.
What is the subject matter of Section 74?	Patent office and its branches.
What office shall exist for the purposes of this Act?	The patent office.
Who may specify the name of the Patent Office?	The Central Government.
How may the Central Government specify the name of the Patent Office?	By notification in the Official Gazette.
Where shall the head office of the patent office be situated?	At such place as the Central Government may specify.
Why may branch offices of the patent office be established?	For facilitating the registration of patents.
Who may establish branch offices of the patent office?	The Central Government.
Where may branch offices of the patent office be established?	At such places as the Central Government may think fit.
What shall the patent office have under Section 74(4)?	A seal of the patent office.
What is the subject matter of Section 75?	Restriction on employees of patent office as to right or interest in patents.
Who is subject to the restriction under Section 75?	All officers and employees of the patent office.
During what period does the restriction under Section 75 apply?	During the period for which they hold their appointments.
What are officers and employees of the patent office prohibited from acquiring?	Any right or interest in any patent issued by that office.
Can officers and employees of the patent office acquire an interest in a patent issued by that office by inheritance or bequest?	Yes.
Can officers and employees acquire such interest directly or indirectly during their tenure?	No, except by inheritance or bequest.
What is the subject matter of Section 76?	Officers and employees not to furnish information, etc.
Who is governed by the restrictions under Section 76?	An officer or employee in the patent office.
When may an officer or employee furnish information, prepare documents or conduct a search under Section 76?	When required or authorised by this Act, under a written direction of the Central Government or the Controller, or by order of a court.
Who may issue a written direction permitting the acts mentioned in Section 76?	The Central Government or the Controller.
Can a court authorise the acts mentioned in Section 76?	Yes.
What information shall an officer or employee not furnish under Section 76(a)?	Information on a matter which is being, has been, or is dealt with under this Act.
What document shall an officer or employee not prepare or assist in preparing under Section 76(b)?	A document required or permitted by or under this Act to be lodged in the patent office.
Can an officer or employee conduct a search in the records of the patent office?	No, except as authorised under Section 76.
What is the subject matter of Section 77?	Controller to have certain powers of a civil court.
Subject to what does the Controller exercise the powers under Section 77(1)?	Any rules made in this behalf.
In what proceedings does the Controller have the powers of a civil court?	Proceedings before him under this Act.
Under which Code are the civil court powers under Section 77 derived?	The Code of Civil Procedure, 1908.
What power does the Controller have under Section 77(1)(a)?	Summoning and enforcing the attendance of any person and examining him on oath.
What power does the Controller have under Section 77(1)(b)?	Requiring the discovery and production of any document.
What power does the Controller have under Section 77(1)(c)?	Receiving evidence on affidavits.
What power does the Controller have under Section 77(1)(d)?	Issuing commissions for the examination of witnesses or documents.
What power does the Controller have under Section 77(1)(e)?	Awarding costs.
What power does the Controller have under Section 77(1)(f)?	Reviewing his own decision on an application made within the prescribed time and in the prescribed manner.
What power does the Controller have under Section 77(1)(g)?	Setting aside an ex parte order on an application made within the prescribed time and in the prescribed manner.
What power does the Controller have under Section 77(1)(h)?	Any other matter which may be prescribed.
How is an order for costs awarded by the Controller executed?	As a decree of a civil court.
What is the subject matter of Section 78?	Power of Controller to correct clerical errors, etc.
Without prejudice to which provisions does Section 78 operate?	Sections 57 and 59.
Subject to which provision is the Controller's power under Section 78?	Section 44.
What errors may the Controller correct under Section 78(1)?	Clerical errors in a patent, specification, application for a patent, other document filed pursuant thereto, or any matter entered in the register.
How may a correction under Section 78(2) be made?	On a written request by a person interested accompanied by the prescribed fee or without such request.
Who may request correction under Section 78(2)?	Any person interested.
What shall accompany a request under Section 78(2)?	The prescribed fee.
When shall the Controller give notice before making a correction under Section 78(3)?	When he proposes to make the correction otherwise than on a request under Section 78.
To whom shall notice under Section 78(3) be given?	The patentee or applicant for the patent and any other person who appears to the Controller to be concerned.
What opportunity shall be given before making a correction under Section 78(3)?	An opportunity of being heard.
When shall the Controller require publication of the proposed correction under Section 78(4)?	When the correction would materially alter the meaning or scope of the patent, application or document and ought not to be made without notice to affected persons.
How shall notice of the proposed correction be given under Section 78(4)?	By publication in the prescribed manner.
Who may oppose a proposed correction under Section 78(5)?	Any person interested.
Within what period may opposition under Section 78(5) be filed?	Within the prescribed time after publication.
What shall the Controller do on receipt of a notice of opposition under Section 78(5)?	Notify the person who made the request and give both the requester and the opponent an opportunity of being heard before deciding the case.
What is the subject matter of Section 79?	Evidence how to be given and powers of Controller in respect thereof.
Subject to what are proceedings under Section 79 governed?	Any rules made in this behalf.
How shall evidence ordinarily be given before the Controller?	By affidavit.
When may evidence be given otherwise than by affidavit?	When the Controller directs otherwise.
When may the Controller take oral evidence under Section 79?	When he thinks it right to do so.
May the Controller take oral evidence in addition to affidavit evidence?	Yes.
May the Controller take oral evidence in lieu of affidavit evidence?	Yes.
What power does the Controller have regarding affidavits under Section 79?	He may allow any party to be cross-examined on the contents of his affidavit.
What is the subject matter of Section 80?	Exercise of discretionary powers by Controller.
Who is entitled to an opportunity of being heard under Section 80?	An applicant for a patent or for amendment of a specification.
When must the Controller give an opportunity of being heard under Section 80?	Before exercising adversely to the applicant any discretion vested in him by or under this Act.
What condition must an applicant satisfy to obtain a hearing under Section 80?	The applicant must require the hearing within the prescribed time.
What does the proviso to Section 80 require?	The party desiring a hearing must request it at least ten days before the expiry of the time-limit specified for the proceeding.
How many days before the expiry of the prescribed time-limit must a hearing be requested?	At least ten days.
What is the subject matter of Section 81?	Disposal by Controller of applications for extension of time.
When does Section 81 apply?	Where the Controller may extend the time for doing any act under this Act or the rules made thereunder.
Is the Controller required to give notice to the party opposing the extension of time?	No.
Is the Controller required to hear the party interested in opposing the extension of time?	No.
Does any appeal lie against an order of the Controller granting an extension of time?	No.

CHAPTER-XVI
WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION
What is the subject matter of Section 82?	Definition of "patented articles" and "patentee".
To which Chapter do the definitions in Section 82 apply?	This Chapter, unless the context otherwise requires.
What does "patented article" include under Section 82(a)?	Any article made by a patented process.
Who is included within the meaning of "patentee" under Section 82(b)?	An exclusive licensee.
What is the subject matter of Section 83?	General principles applicable to working of patented inventions.
While exercising powers under this Chapter, to what shall regard be had?	The general principles specified in Section 83.
Why are patents granted under Section 83(a)?	To encourage inventions and secure that they are worked in India on a commercial scale to the fullest extent reasonably practicable without undue delay.
Where should patented inventions be worked according to Section 83(a)?	In India.
On what scale should patented inventions be worked under Section 83(a)?	On a commercial scale and to the fullest extent reasonably practicable without undue delay.
What is not the purpose of granting patents under Section 83(b)?	Merely to enable patentees to enjoy a monopoly for the importation of the patented article.
According to Section 83(c), to what should the protection and enforcement of patent rights contribute?	Promotion of technological innovation and the transfer and dissemination of technology.
For whose benefit should technology transfer and dissemination occur under Section 83(c)?	The mutual advantage of producers and users of technological knowledge.
How should patent rights be exercised under Section 83(c)?	In a manner conducive to social and economic welfare and to a balance of rights and obligations.
What should patents not impede under Section 83(d)?	Protection of public health and nutrition.
What public interest should patents promote under Section 83(d)?	Public interest, especially in sectors of vital importance for the socio-economic and technological development of India.
Do patents prohibit the Central Government from taking measures to protect public health?	No.
What abuse is sought to be prevented under Section 83(f)?	Abuse of patent rights by the patentee or a person deriving title or interest from the patentee.
What trade-related practices should patentees avoid under Section 83(f)?	Practices that unreasonably restrain trade or adversely affect the international transfer of technology.
At what prices should the benefits of patented inventions be made available under Section 83(g)?	At reasonably affordable prices to the public.
What is the subject matter of Section 84?	Compulsory licences.
When may an application for a compulsory licence be made under Section 84(1)?	At any time after the expiration of three years from the date of grant of the patent.
Who may apply for a compulsory licence under Section 84(1)?	Any person interested.
To whom shall an application for a compulsory licence be made?	The Controller.
On what ground may a compulsory licence be sought under Section 84(1)(a)?	The reasonable requirements of the public with respect to the patented invention have not been satisfied.
On what ground may a compulsory licence be sought under Section 84(1)(b)?	The patented invention is not available to the public at a reasonably affordable price.
On what ground may a compulsory licence be sought under Section 84(1)(c)?	The patented invention is not worked in the territory of India.
Can a person already holding a licence under the patent apply for a compulsory licence?	Yes.
Does acceptance of a licence prevent a person from alleging the grounds under Section 84(1)?	No.
What must every application under Section 84(1) contain?	A statement setting out the nature of the applicant's interest, prescribed particulars and the facts on which the application is based.
When may the Controller grant a compulsory licence under Section 84(4)?	When satisfied that the reasonable requirements of the public have not been satisfied, the invention is not worked in India, or it is not available at a reasonably affordable price.
On what terms may the Controller grant a compulsory licence?	On such terms as he may deem fit.
What additional power may the Controller exercise when directing the grant of a licence?	The powers set out in Section 88.
What factors shall the Controller consider under Section 84(6)(i)?	The nature of the invention, the time elapsed since the sealing of the patent and the measures already taken by the patentee or licensee to make full use of the invention.
What shall the Controller consider regarding the applicant under Section 84(6)(ii)?	The applicant's ability to work the invention to the public advantage.
What shall the Controller consider regarding the applicant under Section 84(6)(iii)?	The applicant's capacity to undertake the risk of providing capital and working the invention.
What shall the Controller consider under Section 84(6)(iv)?	Whether the applicant made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts failed within a reasonable period.
In which cases is prior effort to obtain a voluntary licence not required under the proviso to Section 84(6)(iv)?	National emergency, circumstances of extreme urgency, public non-commercial use or establishment of anti-competitive practices by the patentee.
What matters shall the Controller not take into account while considering an application under Section 84(6)?	Matters subsequent to the making of the application.
What is the meaning of "reasonable period" under the Explanation to Section 84(6)(iv)?	A period not ordinarily exceeding six months.
What is the subject matter of Section 84(7)?	Circumstances in which the reasonable requirements of the public are deemed not to have been satisfied.
When are the reasonable requirements of the public deemed not to have been satisfied under Section 84(7)?	In the circumstances specified in clauses (a) to (e).
When are the reasonable requirements of the public deemed not to have been satisfied under Section 84(7)(a)?	When the patentee refuses to grant a licence or licences on reasonable terms and any of the specified consequences follow.
What consequence under Section 84(7)(a)(i) amounts to non-satisfaction of the reasonable requirements of the public?	Prejudice to an existing trade or industry, its development, the establishment of a new trade or industry in India, or the trade or industry of any person or class of persons trading or manufacturing in India.
What consequence under Section 84(7)(a)(ii) amounts to non-satisfaction of the reasonable requirements of the public?	The demand for the patented article has not been met to an adequate extent or on reasonable terms.
What consequence under Section 84(7)(a)(iii) amounts to non-satisfaction of the reasonable requirements of the public?	A market for export of the patented article manufactured in India is not being supplied or developed.
What consequence under Section 84(7)(a)(iv) amounts to non-satisfaction of the reasonable requirements of the public?	The establishment or development of commercial activities in India is prejudiced.
When are the reasonable requirements of the public deemed not to have been satisfied under Section 84(7)(b)?	When conditions imposed by the patentee on licences or on the purchase, hire or use of the patented article or process prejudice the manufacture, use or sale of non-patented materials or the establishment or development of any trade or industry in India.
What restrictive licensing conditions are specifically prohibited under Section 84(7)(c)?	Exclusive grant back, prevention of challenges to the validity of the patent and coercive package licensing.
When are the reasonable requirements of the public deemed not to have been satisfied under Section 84(7)(d)?	When the patented invention is not worked in the territory of India on a commercial scale to an adequate extent or to the fullest extent reasonably practicable.
When are the reasonable requirements of the public deemed not to have been satisfied under Section 84(7)(e)?	When working of the patented invention in India on a commercial scale is prevented or hindered by importation of the patented article from abroad.
Whose importation from abroad is covered under Section 84(7)(e)(i)?	The patentee's or persons claiming under him.
Whose importation from abroad is covered under Section 84(7)(e)(ii)?	Persons directly or indirectly purchasing from the patentee.
Whose importation from abroad is covered under Section 84(7)(e)(iii)?	Other persons against whom the patentee is not taking or has not taken infringement proceedings.
What is the subject matter of Section 85?	Revocation of patents by the Controller for non-working.
Who may apply for revocation of a patent under Section 85(1)?	The Central Government or any person interested.
When may an application under Section 85(1) be made?	After the expiration of two years from the date of the order granting the first compulsory licence.
To whom shall an application under Section 85(1) be made?	The Controller.
On what grounds may revocation be sought under Section 85(1)?	The patented invention has not been worked in the territory of India, the reasonable requirements of the public have not been satisfied, or the patented invention is not available to the public at a reasonably affordable price.
What shall every application under Section 85(2) contain?	Such particulars as may be prescribed and the facts upon which the application is based.
What additional requirement applies where the application is made by a person other than the Central Government?	The application shall set out the nature of the applicant's interest.
When may the Controller revoke a patent under Section 85(3)?	When satisfied that the reasonable requirements of the public have not been satisfied, the patented invention has not been worked in the territory of India, or the patented invention is not available to the public at a reasonably affordable price.
Within what period should an application under Section 85(1) ordinarily be decided?	Within one year of its presentation to the Controller.
What is the subject matter of Section 86?	Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.
To which applications does Section 86 apply?	Applications under Section 84 or Section 85.
On what grounds may the Controller adjourn an application under Section 86(1)?	Where the application is based on non-working of the patented invention in India or on the ground mentioned in Section 84(7)(d).
When may the Controller adjourn the hearing of an application under Section 86(1)?	When he is satisfied that insufficient time has elapsed since the sealing of the patent to enable the invention to be worked on a commercial scale to an adequate extent or to the fullest extent reasonably practicable.
For what maximum period may the Controller adjourn the hearing under Section 86(1)?	A period not exceeding twelve months in the aggregate.
What is the purpose of the adjournment under Section 86(1)?	To allow sufficient time for the invention to be worked on a commercial scale to an adequate extent or to the fullest extent reasonably practicable.
When does the proviso to Section 86(1) apply?	When the patentee establishes that the invention could not be worked because of a State or Central Act, rule, regulation or Government order not imposed as a condition for working the invention or disposal of patented articles.
From what date is the period of adjournment reckoned under the proviso to Section 86(1)?	From the date on which the period during which the working of the invention was prevented by such Act, rule, regulation or Government order, computed from the date of the application, expires.
What condition must be satisfied before an adjournment may be granted under Section 86(2)?	The patentee must have taken with promptitude adequate or reasonable steps to start working the invention in India on a commercial scale and to an adequate extent.
What is the subject matter of Section 87?	Procedure for dealing with applications under Sections 84 and 85.
When shall the Controller act under Section 87(1)?	When satisfied that a prima facie case has been made out on consideration of an application under Section 84 or Section 85.
What shall the Controller direct the applicant to do under Section 87(1)?	Serve copies of the application upon the patentee and every other person appearing from the register to be interested in the patent.
Who must be served with copies of the application under Section 87(1)?	The patentee and every other person appearing from the register to be interested in the patent.
Where shall the application be published under Section 87(1)?	In the Official Journal.
Who may oppose an application under Section 87(2)?	The patentee or any other person desiring to oppose the application.
Within what time may a notice of opposition be given under Section 87(2)?	Within the prescribed time or such further time as the Controller may allow.
Can the Controller extend the time for filing a notice of opposition?	Yes.
May an application for extension of time be made after the prescribed time has expired?	Yes.
What shall a notice of opposition contain under Section 87(3)?	A statement setting out the grounds on which the application is opposed.
What shall the Controller do upon receipt of a notice of opposition under Section 87(4)?	Notify the applicant and give the applicant and the opponent an opportunity of being heard before deciding the case.
What is the subject matter of Section 88?	Powers of Controller in granting compulsory licences.
When may the Controller grant licences to the applicant's customers under Section 88(1)?	When satisfied that the manufacture, use or sale of non-patented materials is prejudiced by conditions imposed by the patentee on licences or on the purchase, hire or use of the patented article or process.
To whom may the Controller grant licences under Section 88(1)?	The applicant and such customers of the applicant as he thinks fit.
When may the Controller cancel an existing licence under Section 88(2)?	When an application under Section 84 is made by an existing licensee and the Controller grants a compulsory licence.
What alternative to cancellation is available to the Controller under Section 88(2)?	He may amend the existing licence instead of granting a new licence.
When may the Controller direct grant of licences in respect of other patents held by the same patentee under Section 88(3)?	When the applicant cannot efficiently or satisfactorily work the licensed patent without infringing the other patents and those patents involve important technical advancement or considerable economic significance.
What conditions must be satisfied before a licence for other patents may be granted under Section 88(3)?	The reasonable requirements of the public are unsatisfied only for some patents, the applicant cannot efficiently work the licensed patent without infringing the other patents, and those other patents involve important technical advancement or considerable economic significance.
For what purpose may licences in respect of other patents be granted under Section 88(3)?	To enable the licensee to work the patent or patents for which a compulsory licence has been granted under Section 84.
When may a licensee apply for revision of licence terms under Section 88(4)?	After working the invention on a commercial scale for at least twelve months.
On what ground may a licensee seek revision of licence terms under Section 88(4)?	That the settled terms have proved more onerous than originally expected and the invention cannot be worked except at a loss.
Can an application for revision of licence terms under Section 88(4) be made more than once?	No.
What is the subject matter of Section 89?	General purposes for granting compulsory licences.
While exercising powers under Section 84, what general purposes shall the Controller seek to secure?	The purposes specified in clauses (a) and (b) of Section 89.
What is the objective under Section 89(a)?	That patented inventions are worked on a commercial scale in the territory of India without undue delay and to the fullest extent that is reasonably practicable.
Where should patented inventions be worked under Section 89(a)?	In the territory of India.
On what scale should patented inventions be worked under Section 89(a)?	On a commercial scale.
How should patented inventions be worked under Section 89(a)?	Without undue delay and to the fullest extent that is reasonably practicable.
What is the objective under Section 89(b)?	That the interests of any person working or developing an invention in India under the protection of a patent are not unfairly prejudiced.
Whose interests are protected under Section 89(b)?	Any person for the time being working or developing an invention in the territory of India under the protection of a patent.
What is the subject matter of Section 90?	Terms and conditions of compulsory licences.
While settling the terms and conditions of a compulsory licence, what shall the Controller endeavour to secure?	The objectives specified in Section 90(1).
What shall the Controller consider while fixing royalty and remuneration under Section 90(1)(i)?	The nature of the invention, expenditure incurred in making or developing the invention, obtaining and maintaining the patent, and other relevant factors.
What should the royalty and other remuneration under Section 90(1)(i) be?	Reasonable.
What shall the Controller secure under Section 90(1)(ii)?	That the patented invention is worked to the fullest extent by the licensee with reasonable profit to him.
What shall the Controller secure under Section 90(1)(iii)?	That patented articles are made available to the public at reasonably affordable prices.
What shall be the nature of a compulsory licence under Section 90(1)(iv)?	A non-exclusive licence.
Is the right of the compulsory licensee assignable?	No.
For what period shall a compulsory licence ordinarily be granted under Section 90(1)(vi)?	For the balance term of the patent unless a shorter term is consistent with public interest.
For what predominant purpose shall a compulsory licence be granted under Section 90(1)(vii)?	Supply in the Indian market.
Can a compulsory licensee export the patented product under Section 90(1)(vii)?	Yes, if necessary, in accordance with Section 84(7)(a)(iii).
For what purpose shall a compulsory licence relating to semi-conductor technology be granted?	To work the invention for public non-commercial use.
When may a compulsory licensee export the patented product under Section 90(1)(ix)?	Where the licence is granted to remedy an anti-competitive practice determined after judicial or administrative process.
Does a compulsory licence authorise importation of the patented article from abroad?	No.
When may the Central Government direct the Controller to authorise importation under Section 90(3)?	When it considers such authorisation necessary in the public interest.
Who may authorise importation under Section 90(3)?	The Controller, pursuant to the directions of the Central Government.
On what matters may the Central Government impose conditions while authorising importation under Section 90(3)?	Royalty and remuneration payable to the patentee, quantum of import, sale price of the imported article and period of importation.
What is the subject matter of Section 91?	Licensing of related patents.
When may an application under Section 91(1) be made?	At any time after the sealing of a patent.
Who may apply for a licence under Section 91(1)?	A person who has the right to work another patented invention as patentee or as a licensee, whether exclusive or otherwise.
To whom shall an application under Section 91(1) be made?	The Controller.
On what ground may a licence under Section 91(1) be sought?	That without such licence the applicant is prevented or hindered from working the other invention efficiently or to the best advantage possible.
What must the Controller be satisfied about under Section 91(2)(i)?	That the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they so desire, of a licence in respect of the other invention on reasonable terms.
What must the Controller be satisfied about under Section 91(2)(ii)?	That the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in the territory of India.
When may the Controller grant a licence under Section 91(3)?	When he is satisfied that the conditions specified in Section 91 have been established by the applicant.
May the Controller grant a reciprocal licence under the other patent?	Yes, if requested by the proprietor of the first-mentioned patent or his licensee.
Is a licence granted under Section 91 assignable?	No.
When may a licence granted under Section 91 be assigned?	Only with the assignment of the respective patent.
Which provisions apply to licences granted under Section 91?	Sections 87, 88, 89 and 90.
What is the subject matter of Section 92?	Special provision for compulsory licences on notifications by Central Government.
When may the Central Government issue a notification under Section 92(1)?	When it is satisfied that compulsory licences are necessary in circumstances of national emergency, extreme urgency or public non-commercial use.
How shall the Central Government make a declaration under Section 92(1)?	By notification in the Official Gazette.
When may a compulsory licence under Section 92 be granted?	At any time after the sealing of the patent.
Who may apply for a compulsory licence under Section 92(1)(i)?	Any person interested.
What shall the Controller do on an application under Section 92(1)(i)?	Grant a licence under the patent on such terms and conditions as he thinks fit.
What shall the Controller endeavour to secure while settling the terms of a licence under Section 92(1)(ii)?	That the patented articles are available to the public at the lowest prices consistent with the patentee deriving a reasonable advantage from the patent rights.
Which provisions apply to licences granted under Section 92?	Sections 83, 87, 88, 89 and 90.
When shall the Controller not apply the procedure under Section 87?	When satisfied that the licence is necessary due to national emergency, extreme urgency or public non-commercial use.
What public health crises are specifically mentioned in Section 92(3)?	Acquired Immuno Deficiency Syndrome (AIDS), human immunodeficiency virus (HIV), tuberculosis, malaria and other epidemics.
What must the Controller do when Section 87 is not applied under Section 92(3)?	Inform the patentee as soon as may be practicable of the non-application of Section 87.
What is the subject matter of Section 92A?	Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.
For what purpose is a compulsory licence available under Section 92A(1)?	For the manufacture and export of patented pharmaceutical products.
To which countries may a compulsory licence under Section 92A(1) be granted?	Countries having insufficient or no manufacturing capacity in the pharmaceutical sector for the concerned product.
For what purpose must the export under Section 92A(1) be made?	To address public health problems.
What condition must be fulfilled before a compulsory licence under Section 92A(1) may be granted?	The importing country must have granted a compulsory licence or allowed importation of the patented pharmaceutical products from India by notification or otherwise.
What shall the Controller do upon receiving an application under Section 92A(2)?	Grant a compulsory licence solely for manufacture and export of the concerned pharmaceutical product.
In what manner shall an application under Section 92A(2) be made?	In the prescribed manner.
For what purpose may a licence granted under Section 92A(2) be used?	Solely for manufacture and export of the concerned pharmaceutical product to the specified country.
Who specifies the terms and conditions of a licence under Section 92A(2)?	The Controller.
What is the effect of Section 92A(3)?	It does not prejudice the export of pharmaceutical products under any other provision of this Act.
What does "pharmaceutical products" mean under the Explanation to Section 92A?	Any patented product or product manufactured through a patented process in the pharmaceutical sector needed to address public health problems.
What is included within "pharmaceutical products" under the Explanation to Section 92A?	Ingredients necessary for manufacture and diagnostic kits required for their use.
What is the subject matter of Section 93?	Order for licence to operate as a deed between parties concerned.
What is the effect of an order granting a licence under this Chapter?	It operates as if it were a deed granting a licence executed by the patentee and all other necessary parties.
What shall an order under Section 93 embody?	The terms and conditions, if any, settled by the Controller.
What is the subject matter of Section 94?	Termination of compulsory licence.
Who may apply for termination of a compulsory licence under Section 94(1)?	The patentee or any other person deriving title or interest in the patent.
Which compulsory licences may be terminated under Section 94?	Compulsory licences granted under Section 84.
When may the Controller terminate a compulsory licence under Section 94(1)?	When the circumstances that gave rise to the grant no longer exist and are unlikely to recur.
Who has the right to object to termination of a compulsory licence?	The holder of the compulsory licence.
What shall the Controller take into account while considering termination under Section 94(2)?	That the interest of the person previously granted the compulsory licence is not unduly prejudiced.

CHAPTER-XVII
USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
What is the subject matter of Section 99?	Meaning of use of invention for purposes of Government.
When is an invention deemed to be used for the purposes of Government under Section 99(1)?	When it is made, used, exercised or vended for the purposes of the Central Government, a State Government or a Government undertaking.
For whose purposes may an invention be made, used, exercised or vended under Section 99(1)?	The Central Government, a State Government or a Government undertaking.
What is the subject matter of Section 99(2)?	Omitted.
What is the status of Section 99(2)?	Omitted.
To what does this Chapter not apply under Section 99(3)?	Importation, making or using of any machine, apparatus or other article, use of any process, or importation, use or distribution of any medicine or drug made by virtue of one or more of the conditions specified in Section 47.
Under which provision are the excluded acts in Section 99(3) authorised?	Section 47.
What is the subject matter of Section 100?	Power of Central Government to use inventions for purposes of Government.
When may the Central Government use an invention under Section 100(1)?	At any time after an application for a patent has been filed or a patent has been granted.
Who may use an invention for Government purposes under Section 100(1)?	The Central Government and any person authorised in writing by it.
For what purpose may an invention be used under Section 100(1)?	For the purposes of Government in accordance with this Chapter.
When may the Central Government use an invention free of royalty under Section 100(2)?	Where, before the priority date of the relevant claim, the invention had been duly recorded, tested or tried by or on behalf of the Government or a Government undertaking otherwise than through communication by the patentee or his predecessor in title.
What is payable to the patentee where Section 100(2) applies?	No royalty or other remuneration.
When shall Government use under Section 100(3) be on agreed terms?	Where the invention had not been previously recorded, tested or tried as mentioned in Section 100(2).
Between whom shall the terms under Section 100(3) be agreed?	The Central Government or its authorised person and the patentee.
Who determines the terms under Section 100(3) in default of agreement?	The High Court on a reference under Section 103.
What remuneration is payable to the patentee under the proviso to Section 100(3)?	Not more than adequate remuneration, taking into account the economic value of the use of the patent.
When may authorisation under Section 100(4) be given?	Before or after the grant of the patent and before or after the authorised acts are done.
To whom may authorisation under Section 100(4) be given?	Any person, whether or not authorised directly or indirectly by the applicant or patentee.
What acts may an authorised person perform under Section 100(4)?	Make, use, exercise or vend the invention or import the patented machine, apparatus, article, medicine or drug.
When must the Government notify the patentee under Section 100(5)?	As soon as practicable after Government use of the invention, except in cases of national emergency, extreme urgency or public non-commercial use.
What information must the Government furnish to the patentee under Section 100(5)?	Information regarding the extent of the use of the invention, as reasonably required by the patentee.
What may the Central Government require from a Government undertaking under Section 100(5)?	Information necessary to inform the patentee regarding the extent of Government use.
What is the subject matter of Section 101?	Rights of third parties in respect of use of invention for purposes of Government.
To what use does Section 101 apply?	Use of a patented invention or an invention in respect of which a patent application is pending for the purposes of Government.
Whose Government use is covered under Section 101(1)?	Use by the Central Government, a person authorised under Section 100, or the patentee or applicant acting on the order of the Central Government.
What is the effect of licences, assignments or agreements under Section 101(1)?	They are of no effect to the extent specified in Section 101(1).
Which provisions of licences, assignments or agreements are ineffective under Section 101(1)(i)?	Provisions restricting or regulating Government use of the invention or any model, document or information relating to it.
Which provisions of licences, assignments or agreements are ineffective under Section 101(1)(ii)?	Provisions requiring payments in respect of Government use of the invention or related model, document or information.
Does reproduction or publication of a model or document for Government use constitute copyright infringement?	No.
When does Section 101(2) apply?	Where the patent or the right to apply for or obtain the patent has been assigned in consideration of royalties or other benefits determined by reference to the use of the invention.
How is Government use by the patentee treated under Section 101(2)?	As if it were made under an authority given under Section 100(3).
Between whom shall remuneration under Section 101(2) be divided?	The patentee and the assignor.
Who determines the proportion of remuneration under Section 101(2) if there is no agreement?	The High Court on a reference under Section 103.
When does Section 101(3) apply?	Where payments are payable under Section 100(3) and there is an exclusive licensee authorised to use the invention for Government purposes.
Between whom shall the payment under Section 101(3) be shared?	The patentee and the exclusive licensee.
Who determines the proportion of sharing under Section 101(3) in the absence of agreement?	The High Court on a reference under Section 103.
What factors shall the High Court consider while determining the share under Section 101(3)?	Expenditure incurred by the licensee in developing the invention or in making payments to the patentee other than royalties or benefits determined by reference to the use of the invention.
What is the subject matter of Section 102?	Acquisition of inventions and patents by the Central Government.
When may the Central Government acquire an invention or patent under Section 102(1)?	When it is satisfied that acquisition is necessary for a public purpose.
How does the Central Government acquire an invention or patent under Section 102(1)?	By publishing a notification in the Official Gazette.
What is the effect of a notification under Section 102(1)?	The invention or patent and all rights in respect thereof stand transferred to and vest in the Central Government.
To whom shall notice of acquisition be given under Section 102(2)?	The applicant and, where a patent has been granted, the patentee and other persons appearing in the register as having an interest in the patent.
Is compensation payable on acquisition under Section 102?	Yes.
To whom is compensation payable under Section 102(3)?	The applicant or, as the case may be, the patentee and other persons appearing in the register as having an interest in the patent.
How is compensation determined under Section 102(3)?	By agreement with the Central Government or, in default of agreement, by the High Court on a reference under Section 103.
What factors shall the High Court consider while determining compensation under Section 102(3)?	Expenditure incurred in connection with the invention, the term of the patent, the period and manner of its working, profits made by the patentee or licensee, and other relevant factors.
What is the subject matter of Section 103?	Reference to High Court of disputes as to use for purposes of Government.
What disputes may be referred to the High Court under Section 103(1)?	Disputes regarding Government use under Section 100, terms of such use, entitlement to payments under Section 100(3), or compensation for acquisition under Section 102.
Who may refer a dispute under Section 103(1) to the High Court?	Either party to the dispute.
In what manner shall a reference under Section 103(1) be made?	In the manner prescribed by the rules of the High Court.
What counter-claim may the Central Government make under Section 103(2)(a)?	A counter-claim for revocation of the patent on any ground specified in Section 64.
Can the Central Government challenge the validity of a patent without seeking revocation?	Yes.
Under which provision may the Central Government put the validity of the patent in issue without seeking revocation?	Section 103(2)(b).
When may confidential disclosure be made under Section 103(3)?	When disclosure of documents or evidence relating to recording, testing or trial of the invention would, in the opinion of the Central Government, be prejudicial to the public interest.
To whom may confidential disclosure be made under Section 103(3)?	The advocate of the other party or an independent expert mutually agreed upon.
What shall the High Court consider while determining terms for Government use under Section 103(4)?	Any benefit or compensation received or receivable by the person or his predecessor in title in respect of Government use of the invention.
What is the subject matter of Section 103(5)?	Reference of proceedings by the High Court.
What may the High Court refer under Section 103(5)?	The whole proceedings or any question or issue of fact arising therein.
To whom may the High Court refer proceedings or issues under Section 103(5)?	An official referee, commissioner or an arbitrator.
On what basis may the High Court make a reference under Section 103(5)?	On such terms as the High Court may direct.
How shall references to the High Court in the earlier provisions of Section 103 be construed after a reference under Section 103(5)?	As including the official referee, commissioner or arbitrator to whom the matter is referred.
What is the subject matter of Section 103(6)?	Disposal of certain Government employee invention disputes.
To which inventions does Section 103(6) apply?	Inventions made by a Central Government servant, State Government servant or employee of a Government undertaking in connection with their normal duties.
What certification is required under Section 103(6)?	Certification by the relevant Government or the principal officer of the Government undertaking that the invention is connected with the work done in the course of the inventor's normal duties.
Who shall dispose of disputes covered by Section 103(6)?	The Central Government.
How shall the Central Government dispose of disputes under Section 103(6)?	Conformably to the provisions of Section 103 so far as may be applicable.
What opportunity must the Central Government provide before deciding a dispute under Section 103(6)?	An opportunity of being heard to the patentee and such other interested parties as it considers appropriate.

CHAPTER-XVIII
SUITS CONCERNING INFRINGEMENT OF PATENTS
What is the subject matter of Section 104?	Jurisdiction.
In which court shall a suit under Sections 105 or 106 or for patent infringement be instituted?	A district court having jurisdiction to try the suit.
Can such a suit be instituted in a court inferior to a district court?	No.
What happens if the defendant makes a counter-claim for revocation of the patent?	The suit along with the counter-claim shall be transferred to the High Court for decision.
What is the subject matter of Section 104A?	Burden of proof in case of suits concerning infringement.
To what type of patents does Section 104A apply?	Process patents for obtaining a product.
When may the court direct the defendant to prove that his process is different from the patented process?	When the product obtained is identical to the patented product and the conditions in Section 104A(1)(a) or (b) are satisfied.
What is the first condition under Section 104A(1)(a)?	The subject matter of the patent is a process for obtaining a new product.
What is the second condition under Section 104A(1)(b)?	There is a substantial likelihood that the identical product was made by the patented process and the patentee has been unable through reasonable efforts to determine the actual process used.
What must the patentee first prove before the burden shifts under the proviso to Section 104A(1)?	That the product is identical to the product directly obtained by the patented process.
What shall the court not require while considering whether the burden has been discharged under Section 104A(2)?	Disclosure of manufacturing or commercial secrets where it would be unreasonable to require such disclosure.
What is the subject matter of Section 105?	Power of court to make declaration as to non-infringement.
Notwithstanding which provision may a suit under Section 105 be instituted?	Section 34 of the Specific Relief Act, 1963.
Who may institute a suit under Section 105(1)?	Any person.
For what declaration may a suit be instituted under Section 105(1)?	That the use of a process or the making, use or sale of an article does not or would not constitute infringement of a patent claim.
Against whom may a suit under Section 105(1) be instituted?	The patentee or the holder of an exclusive licence under the patent.
Can a suit under Section 105 be instituted even if the patentee has made no allegation of infringement?	Yes.
What must the plaintiff show under Section 105(1)(a)?	That he applied in writing to the patentee or exclusive licensee for a written acknowledgment of non-infringement and furnished full particulars of the process or article.
What must the plaintiff show under Section 105(1)(b)?	That the patentee or exclusive licensee refused or neglected to give the requested acknowledgment.
Who ordinarily bears the costs in a suit under Section 105(2)?	The plaintiff.
When may the court order otherwise regarding costs under Section 105(2)?	For special reasons.
Can the validity of the patent be questioned in a suit under Section 105?	No.
Does the grant or refusal of a declaration under Section 105 imply that the patent is valid or invalid?	No.
When may a suit for declaration under Section 105(4) be instituted?	At any time after the publication of the grant of the patent.
What is the subject matter of Section 106?	Power of court to grant relief in cases of groundless threats of infringement proceedings.
Who may be sued under Section 106(1)?	Any person who threatens another with patent infringement proceedings, whether entitled to or interested in a patent or application for a patent or not.
How may threats be made under Section 106(1)?	By circulars, advertisements or communications, oral or written.
Who may institute a suit under Section 106(1)?	Any person aggrieved by the threats.
What declaration may the plaintiff seek under Section 106(1)(a)?	A declaration that the threats are unjustifiable.
What injunction may the plaintiff seek under Section 106(1)(b)?	An injunction against the continuance of the threats.
What damages may the plaintiff seek under Section 106(1)(c)?	Damages sustained due to the threats.
When may the court grant relief under Section 106(2)?	Unless the defendant proves that the threatened acts constitute or would constitute patent infringement or infringement of rights arising from publication of a complete specification relating to a valid claim.
Does a mere notification of the existence of a patent amount to a threat under Section 106?	No.
What is the subject matter of Section 107?	Defences, etc., in suit for infringement.
What grounds are available as a defence in a patent infringement suit under Section 107(1)?	Every ground on which the patent may be revoked under Section 64.
What defence is available under Section 107(2)?	That the making, using, importation or distribution is in accordance with one or more of the conditions specified in Section 47.
What is the subject matter of Section 107A?	Certain acts not to be considered as infringement.
What acts are exempt under Section 107A(a)?	Making, constructing, using, selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any law regulating manufacture, construction, use, sale or import of any product.
Can the exemption under Section 107A(a) apply to laws outside India?	Yes.
What importation is exempt under Section 107A(b)?	Importation of patented products from a person duly authorised under the law to produce and sell or distribute the product.
Are the acts specified in Section 107A treated as patent infringement?	No.
What is the subject matter of Section 108?	Reliefs in suits for infringement.
What reliefs may a court grant in a suit for patent infringement under Section 108(1)?	An injunction and, at the option of the plaintiff, either damages or an account of profits.
Is the grant of an injunction under Section 108(1) absolute?	No, it is subject to such terms as the court thinks fit.
What monetary relief may the plaintiff choose under Section 108(1)?	Either damages or an account of profits.
What additional powers does the court have under Section 108(2)?	To order seizure, forfeiture or destruction of infringing goods and materials and implements predominantly used to create infringing goods.
Can compensation be claimed for goods seized, forfeited or destroyed under Section 108(2)?	No.
What is the subject matter of Section 109?	Right of exclusive licensee to take proceedings against infringement.
Who may institute a suit for infringement under Section 109(1)?	The holder of an exclusive licence.
From what date can an exclusive licensee sue for infringement?	For infringements committed after the date of the licence.
What rights does an exclusive licensee have under Section 109(1)?	The same right as the patentee to institute a suit for infringement.
What shall the court consider while awarding relief in a suit by an exclusive licensee?	The loss suffered or likely to be suffered by the exclusive licensee or the profits earned through infringement of the exclusive licensee's rights.
Who must be joined in a suit filed by an exclusive licensee if not already a plaintiff?	The patentee.
In what capacity is the patentee added if not joined as a plaintiff?	As a defendant.
Is a patentee added as a defendant liable for costs?	No, unless he enters an appearance and takes part in the proceedings.
What is the subject matter of Section 110?	Right of licensee under Section 84 to take proceedings against infringement.
Who is entitled to invoke Section 110?	A person to whom a licence has been granted under Section 84.
What may a compulsory licensee require the patentee to do under Section 110?	Take proceedings to prevent infringement of the patent.
When may the licensee institute infringement proceedings himself?	If the patentee refuses or neglects to take proceedings within two months after being called upon.
In whose name may the licensee institute proceedings under Section 110?	In his own name as though he were the patentee.
Who must be made a defendant in a suit instituted under Section 110?	The patentee.
Is the patentee added as a defendant liable for costs?	No, unless he enters an appearance and takes part in the proceedings.
What is the subject matter of Section 111?	Restriction on power of court to grant damages or account of profits for infringement.
When shall damages or an account of profits not be granted under Section 111(1)?	When the defendant proves that at the date of infringement he was unaware and had no reasonable grounds for believing that the patent existed.
Does the mere use of the words "patent" or "patented" on an article establish awareness of the patent?	No.
When does marking an article with "patent" or "patented" constitute notice of the patent?	Only when the patent number accompanies the word or words.
When may the court refuse damages or an account of profits under Section 111(2)?	For infringement committed after failure to pay the renewal fee within the prescribed period and before any extension of that period.
When are damages or an account of profits barred after amendment of a specification under Section 111(3)?	For use of the invention before the date of the decision allowing the amendment.
When may damages or an account of profits still be granted despite amendment under Section 111(3)?	When the court is satisfied that the original specification was framed in good faith and with reasonable skill and knowledge.
Does Section 111 affect the court's power to grant an injunction?	No
What is the subject matter of Section 112?	Restriction on power of court to grant injunction in certain cases.
What is the status of Section 112?	Omitted by the Patents (Amendment) Act, 2002 with effect from 20-5-2003.
What is the subject matter of Section 113?	Certificate of validity of specification and costs of subsequent suits for infringement thereof.
When may the High Court grant a certificate under Section 113(1)?	When, in proceedings for revocation under Sections 64 and 104, the validity of a claim of the specification is contested and upheld.
What may the High Court certify under Section 113(1)?	That the validity of the claim was contested and upheld in those proceedings.
What benefit does a certificate under Section 113(1) confer?	The patentee may obtain full costs, charges and expenses in subsequent proceedings relating to that claim if successful.
In which subsequent proceedings does Section 113(2) apply?	A suit for infringement of the certified claim or a proceeding for revocation relating to that claim.
What must the patentee obtain to claim full costs under Section 113(2)?	A final order or judgment in his favour.
What costs may be awarded under Section 113(2)?	Full costs, charges and expenses properly incurred in relation to the certified claim.
Can the court refuse to award full costs under Section 113(2)?	Yes.
When shall full costs not be awarded under the proviso to Section 113(2)?	When the party disputing validity proves he was unaware of the certificate and withdrew the defence immediately after becoming aware of it.
Does Section 113(3) authorise appellate courts to award costs on the scale specified in Section 113?	No.
What is the subject matter of Section 114?	Relief for infringement of partially valid specification.
When does Section 114(1) apply?	When, in infringement proceedings, one or more claims are valid and infringed but another claim is invalid.
May the court grant relief in respect of a valid infringed claim even if another claim is invalid?	Yes.
What is the limitation under the proviso to Section 114(1)?	The court shall not grant relief except by way of injunction unless the circumstances in Section 114(2) exist.
When shall the court grant relief beyond an injunction under Section 114(2)?	When the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge.
What relief may the court grant under Section 114(2)?	Relief in respect of the valid infringed claim, subject to its discretion regarding costs and the date from which damages or an account of profits are to be reckoned.
What factors may the court consider while exercising its discretion under Section 114(2)?	The conduct of the parties in inserting the invalid claims or permitting them to remain in the specification.
What is the subject matter of Section 115?	Scientific advisers.
When may the court appoint a scientific adviser under Section 115(1)?	At any time in a suit for infringement or any proceeding before a court under this Act.
Is an application by a party necessary for appointment of a scientific adviser?	No.
Who may be appointed as a scientific adviser?	An independent scientific adviser.
For what purpose may a scientific adviser be appointed?	To assist the court or to inquire into and report upon any question of fact or opinion not involving interpretation of law.
Who fixes the remuneration of the scientific adviser?	The court.
What does the remuneration of the scientific adviser include?	The cost of preparing the report and a proper daily fee for attending court.
From where is the remuneration of the scientific adviser paid?	Out of moneys provided by Parliament by law for the purpose.

CHAPTER-XIX
APPEALS
What is the subject matter of Section 116?	Appellate Board.
What is the status of Section 116?	Omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021.
What is the subject matter of Section 117?	Staff of Appellate Board.
What is the status of Section 117?	Omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021.
What is the subject matter of Section 117A?	Appeals to High Court.
What is the general rule under Section 117A(1)?	No appeal lies from any decision, order or direction of the Central Government or any act or order of the Controller giving effect to such decision, order or direction, except as provided in Section 117A(2).
To which court does an appeal lie under Section 117A(2)?	The High Court.
From whose decisions, orders or directions does an appeal lie under Section 117A(2)?	The Controller or the Central Government, as specified in Section 117A(2).
From an order under which sections does an appeal lie under Section 117A(2)?	Sections 15, 16, 17, 18, 19, 20, 25(4), 28, 51, 54, 57, 60, 61, 63, 66, 69(3), 78, 84(1) to (5), 85, 88, 91, 92 and 94.
In what form shall an appeal under Section 117A(3) be made?	In the prescribed form.
How shall an appeal under Section 117A(3) be verified?	In the prescribed manner.
What documents shall accompany an appeal under Section 117A(3)?	A copy of the decision, order or direction appealed against and the prescribed fee.
Within what period shall an appeal under Section 117A(4) be filed?	Within three months from the date of the decision, order or direction.
Can the High Court extend the time for filing an appeal under Section 117A(4)?	Yes, in accordance with the rules made by it.
What is the subject matter of Section 117B?	Procedure and powers of Appellate Board.
What is the status of Section 117B?	Omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021.
What is the subject matter of Section 117C?	Bar of jurisdiction of courts, etc.
What is the status of Section 117C?	Omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021.
What is the subject matter of Section 117D?	Procedure for application for rectification, etc., before Appellate Board.
What is the status of Section 117D?	Omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021.
What is the subject matter of Section 117E?	Appearance of Controller in legal proceedings.
When does the Controller have the right to appear and be heard under Section 117E(1)(a)?	In legal proceedings before the High Court involving alteration or rectification of the register or any question relating to the practice of the patent office.
When does the Controller have the right to appear in an appeal under Section 117E(1)(b)(i)?	Where an unopposed patent application is refused or accepted subject to amendments, modifications, conditions or limitations.
When does the Controller have the right to appear in an appeal under Section 117E(1)(b)(ii)?	Where a patent application has been opposed and the Controller considers his appearance necessary in the public interest.
When must the Controller appear before the High Court?	When directed by the High Court.
What may the Controller submit instead of appearing under Section 117E(2)?	A written statement signed by him.
What may the Controller include in the written statement under Section 117E(2)?	Particulars of the proceedings before him, grounds of his decision, the practice of the patent office in similar cases, or other relevant matters within his knowledge.
What is the evidentiary value of the Controller's written statement under Section 117E(2)?	It is evidence in the proceeding.
Who may direct the Controller to appear instead of submitting a written statement?	The High Court.
What is the subject matter of Section 117F?	Costs of Controller in proceedings before Appellate Board.
What is the status of Section 117F?	Omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021.
What is the subject matter of Section 117G?	Transfer of pending proceedings to Appellate Board.
What is the status of Section 117G?	Omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021.
What is the subject matter of Section 117H?	Power of Appellate Board to make rules.
What is the status of Section 117H?	Omitted by the Tribunals Reforms Act, 2021 with effect from 4-4-2021.

CHAPTER-XX
PUNISHMENTS
What is the subject matter of Section 118?	Contravention of secrecy provisions relating to certain inventions.
What acts constitute an offence under Section 118?	Failure to comply with a direction under Section 35 or making or causing to be made a patent application in contravention of Section 39.
What is the punishment for contravention of Section 35 under Section 118?	Imprisonment up to two years, or fine, or both.
What is the punishment for making a patent application in contravention of Section 39?	Imprisonment up to two years, or fine, or both.
What is the subject matter of Section 119?	Falsification of entries in register, etc.
What acts constitute an offence under Section 119?	Making or causing a false entry in a register, making a false copy of an entry, or producing or tendering such false writing in evidence knowing it to be false.
What is the punishment for making a false entry in a register under Section 119?	Imprisonment up to two years, or fine, or both.
What is the punishment for producing or tendering a false copy of a register entry as evidence knowing it to be false?	Imprisonment up to two years, or fine, or both.
What is the subject matter of Section 120?	Unauthorised claim of patent rights.
What constitutes an offence under Section 120?	Falsely representing that an article sold is patented in India or is the subject of a patent application in India.
What is the maximum penalty under Section 120?	A penalty which may extend to ten lakh rupees.
What is the penalty for a continuing false claim under Section 120?	A further penalty of one thousand rupees for every day after the first during which the claim continues.
When is a person deemed to represent that an article is patented in India under Explanation 1(a)?	When the article bears the word "patent", "patented" or any other word expressing or implying that a patent has been obtained in India.
When is a person deemed to represent that an article is the subject of a patent application in India under Explanation 1(b)?	When the article bears the words "patent applied for", "patent pending" or similar words implying that a patent application has been made in India.
To what are the words "patent", "patented", "patent applied for" and "patent pending" deemed to refer under Explanation 2?	A patent in force in India or a pending patent application in India.
When will the words "patent", "patented", "patent applied for" or "patent pending" not be deemed to refer to India?	When accompanied by an indication that the patent has been obtained or applied for in a country outside India.
What is the subject matter of Section 121?	Wrongful use of words "patent office".
What is the status of Section 121?	Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 with effect from 01-08-2024.
What is the subject matter of Section 122?	Refusal or failure to supply information.
What acts attract penalty under Section 122(1)?	Refusal or failure to furnish information required under Section 100(5) or Section 146.
To whom must information be furnished under Section 122(1)(a)?	The Central Government.
Under which provision is information required to be furnished to the Central Government?	Section 100(5).
To whom must information or a statement be furnished under Section 122(1)(b)?	The Controller.
Under which provision is information or a statement required to be furnished to the Controller?	Section 146.
What is the maximum penalty under Section 122(1)?	A penalty which may extend to one lakh rupees.
What is the penalty for continuing refusal or failure under Section 122(1)?	A further penalty of one thousand rupees for every day after the first during which the refusal or failure continues.
What is the penalty for furnishing false information under Section 122(2)?	A penalty equal to one-half per cent of the total sale or turnover of business or gross professional receipts as per audited accounts, or five crore rupees, whichever is less.
What mental element is required for liability under Section 122(2)?	The person knows or has reason to believe the information is false or does not believe it to be true.
What is the subject matter of Section 123?	Practice by non-registered patent agents.
What constitutes a contravention under Section 123?	Contravention of Section 129.
What is the maximum penalty under Section 123?	A penalty which may extend to five lakh rupees.
What is the penalty for continuing default under Section 123?	A further penalty of one thousand rupees for every day after the first during which the default continues.
What is the subject matter of Section 124?	Offences by companies.
When does Section 124 apply?	When an offence under this Act is committed by a company.
Who is deemed guilty under Section 124(1)?	The company and every person in charge of and responsible to the company for the conduct of its business at the time of the offence.
What defence is available to a person in charge under the proviso to Section 124(1)?	That the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission.
When is a director, manager, secretary or other officer also deemed guilty under Section 124(2)?	When the offence was committed with his consent or connivance or is attributable to his neglect.
Who may be proceeded against and punished under Section 124(2)?	The director, manager, secretary or other officer concerned.
What does "company" mean under the Explanation to Section 124?	Any body corporate and includes a firm or other association of individuals.
Who is a "director" in relation to a firm under Section 124?	A partner in the firm.
What is the subject matter of Section 124A?	Adjudication of penalties.
Who may authorise an adjudicating officer under Section 124A?	The Controller.
Who may be authorised as the adjudicating officer under Section 124A?	An officer referred to in Section 73.
For what purpose is an adjudicating officer authorised under Section 124A?	To hold an inquiry and impose penalties under the Act.
In what manner shall an inquiry under Section 124A be conducted?	In the manner as may be prescribed.
What opportunity must be given before imposing a penalty under Section 124A?	A reasonable opportunity of being heard.
What is the subject matter of Section 124B?	Appeal.
Who may file an appeal under Section 124B(1)?	Any person aggrieved by an order of the adjudicating officer under Section 124A.
To whom does an appeal under Section 124B(1) lie?	The appellate authority.
Who shall be the appellate authority under Section 124B(1)?	An officer at least one rank above the adjudicating officer authorised by the Central Government.
Within what period shall an appeal under Section 124B(1) be filed?	Within sixty days from the date of receipt of the order.
In what form shall an appeal under Section 124B(2) be preferred?	In the prescribed form and manner.
Can an appeal be admitted after sixty days under Section 124B(3)?	Yes, if the appellant shows sufficient cause for the delay.
Can an appeal be disposed of without hearing the appellant?	No.
Within what period shall the appellate authority dispose of the appeal under Section 124B(5)?	Within sixty days from the date of filing the appeal.
What is the consequence of failure to comply with the order of the adjudicating officer or appellate authority within ninety days?	In addition to the penalty, the person is punishable with a fine of one lakh rupees or imprisonment up to one year, or both.

CHAPTER-XXI
PATENT AGENTS
What is the subject matter of Section 125?	Register of patent agents.
Who shall maintain the register of patent agents under Section 125(1)?	The Controller.
What is the name of the register maintained under Section 125(1)?	The register of patent agents.
What particulars shall be entered in the register of patent agents?	The names, addresses and other relevant particulars, as may be prescribed, of persons qualified under Section 126.
Whose names may be entered in the register of patent agents?	Persons qualified under Section 126.
Can the register of patent agents be maintained in electronic form?	Yes.
In what electronic forms may the register of patent agents be maintained under Section 125(2)?	Computer floppies, diskettes or any other electronic form.
Subject to what condition may the register be maintained electronically?	Subject to such safeguards as may be prescribed.
What is the subject matter of Section 126?	Qualifications for registration as patent agents.
Who is qualified to have his name entered in the register of patent agents?	A person who fulfils the conditions specified in Section 126.
What citizenship is required for registration as a patent agent under Section 126(1)(a)?	Indian citizenship.
What is the minimum age for registration as a patent agent under Section 126(1)(b)?	Twenty-one years.
What educational qualification is required under Section 126(1)(c)?	A degree in science, engineering or technology from a University established under law in India or such other equivalent qualification as specified by the Central Government.
What examination must an applicant pass under Section 126(1)(c)(ii)?	The prescribed qualifying examination.
Who is exempt from passing the qualifying examination under Section 126(1)(c)(iii)?	A person who has functioned for a total of not less than ten years as an examiner or discharged the functions of the Controller under Section 73, or both, and has ceased to hold such office when applying.
What fee requirement is prescribed under Section 126(1)(d)?	Payment of the prescribed fee.
What protection is given to patent agents registered before the Patents (Amendment) Act, 2005?	They are entitled to continue as, or be re-registered as, patent agents on payment of the prescribed fee.
What is the subject matter of Section 127?	Rights of patent agents.
Who is entitled to the rights under Section 127?	Every patent agent whose name is entered in the register.
What is the first right of a registered patent agent under Section 127(a)?	To practise before the Controller.
What functions may a registered patent agent perform under Section 127(b)?	Prepare documents, transact business and discharge prescribed functions in connection with proceedings before the Controller under the Act.
Are the rights of patent agents subject to the Act and the Rules?	Yes.
What is the subject matter of Section 128?	Subscription and verification of certain documents by patent agents.
Who may sign applications and communications to the Controller under Section 128(1)?	A patent agent authorised in writing by the person concerned.
What is required before a patent agent may sign applications or communications under Section 128(1)?	Written authorisation from the person concerned.
What is the subject matter of Section 129?	Restrictions on practice as patent agents.
Who may practise as a patent agent under Section 129(1)?	A person registered as a patent agent.
Can an unregistered person describe or hold himself out as a patent agent?	No.
What is the requirement where patent agents practise in partnership?	All partners must be registered as patent agents.
Can a person permit himself to be described or held out as a patent agent if unregistered?	No.
Can a company or other body corporate practise as a patent agent under Section 129(2)?	No.
Can a company or other body corporate describe or hold itself out as a patent agent?	No.
What does "practise as a patent agent" include under Section 129?	Applying for or obtaining patents, preparing patent specifications or other patent documents, and giving legal advice on patent validity or infringement.
What act is covered under Section 129 Explanation (a)?	Applying for or obtaining patents in India or elsewhere.
What act is covered under Section 129 Explanation (b)?	Preparing specifications or other documents under this Act or the patent law of any other country.
What act is covered under Section 129 Explanation (c)?	Giving advice, other than scientific or technical advice, regarding the validity of patents or their infringement.
What is the subject matter of Section 130?	Removal from register of patent agents and restoration.
Who may remove the name of a patent agent from the register under Section 130(1)?	The Controller.
What opportunity must be given before removing a name from the register?	A reasonable opportunity of being heard.
On what ground may the Controller remove a name under Section 130(1)(i)?	If the name was entered by error or on account of misrepresentation or suppression of a material fact.
On what ground may the Controller remove a name under Section 130(1)(ii)?	If the person has been convicted of an offence and sentenced to imprisonment or has been guilty of professional misconduct rendering him unfit to remain on the register.
Can the Controller conduct an inquiry before removing a name?	Yes, such further inquiry as he thinks fit.
Can the Controller restore a removed name to the register?	Yes.
What is required for restoration under Section 130(2)?	An application and sufficient cause being shown.
What is the subject matter of Section 131?	Power of Controller to refuse to deal with certain agents.
Whose recognition may the Controller refuse under Section 131(1)(a)?	A person whose name has been removed from and not restored to the register.
Whose recognition may the Controller refuse under Section 131(1)(b)?	A person convicted of an offence under Section 123.
Whose recognition may the Controller refuse under Section 131(1)(c)?	An unregistered person who is engaged wholly or mainly in acting as an agent for patent applications.
When may the Controller refuse to recognise a company or firm under Section 131(1)(d)?	When a person whom the Controller could refuse to recognise is a director, manager or partner.
Whom must the Controller refuse to recognise under Section 131(2)?	A person who neither resides nor has a place of business in India.
What is the subject matter of Section 132?	Savings in respect of other persons authorised to act as agents.
Does Chapter XXI prohibit an applicant for a patent from drafting a specification?	No.
Can an applicant for a patent appear or act before the Controller?	Yes.
Can an advocate who is not a patent agent appear before the Controller?	Yes.
In what capacity may an advocate who is not a patent agent appear under Section 132(b)?	On behalf of a party taking part in proceedings under the Act.
At what stage may an advocate who is not a patent agent participate under Section 132(b)?	At a hearing before the Controller.

CHAPTER-XXII
INTERNATIONAL ARRANGEMENTS
What is the subject matter of Section 133?	Convention countries.
What may be declared a convention country under Section 133?	Any country, group of countries, union of countries or inter-governmental organisation meeting the prescribed conditions.
What international instruments are covered under Section 133?	International, regional or bilateral treaties, conventions or arrangements.
What is the requirement regarding India's participation under Section 133?	India must also be a signatory or party to the treaty, convention or arrangement.
What reciprocal benefit must a country provide to qualify as a convention country?	Similar privileges to applicants for patents in India or citizens of India as those granted to its own citizens or citizens of its member countries regarding grant of patents and protection of patent rights.
Who must receive similar privileges for a country to qualify as a convention country?	Applicants for patents in India or citizens of India.
For what purposes is a country recognised as a convention country?	For the purposes of the Patents Act.
What is the subject matter of Section 134?	Notification as to countries not providing for reciprocity.
When does Section 134 apply?	When the Central Government notifies that a country does not accord Indian citizens reciprocal patent rights.
How is a country specified under Section 134?	By notification in the Official Gazette issued by the Central Government.
What is the condition for action under Section 134?	The country does not accord citizens of India the same rights in respect of grant of patents and protection of patent rights as it accords to its own nationals.
Can a national of a non-reciprocating country apply for a patent in India?	No.
Can a national of a non-reciprocating country apply jointly with another person for a patent?	No.
Can a national of a non-reciprocating country be registered as the proprietor of a patent?	No.
Can a national of a non-reciprocating country be registered as the assignee of a patent proprietor?	No.
Can a national of a non-reciprocating country apply for or hold a licence under a patent granted under this Act?	No.
What is the subject matter of Section 135?	Convention applications.
What is the "basic application" under Section 135(1)?	An application for a patent made in a convention country in respect of an invention.
Who may file a convention application in India under Section 135(1)?	The applicant, his legal representative or assignee.
Within what period must a convention application be filed in India?	Within twelve months from the date of the basic application.
What is the priority date of a claim based on the basic application?	The date on which the basic application was made.
To which claims does the priority benefit under Section 135(1) apply?	Claims based on matter disclosed in the basic application.
How is the twelve-month period calculated when applications are filed in more than one convention country?	From the date of the earlier or earliest application.
When may a single convention application cover multiple inventions under Section 135(2)?	When the inventions are cognate or one is a modification of another.
Within what period may a single convention application under Section 135(2) be filed?	Within twelve months from the earliest application for protection.
What fee is payable for a single convention application covering multiple inventions?	The same fee as if separate applications had been made for each invention.
How do the requirements of Section 136(1)(b) apply to a single convention application?	They apply separately to the applications for protection relating to each invention.
How does Section 135(3) treat a Patent Cooperation Treaty application designating India and claiming priority from an earlier Indian application?	The earlier Indian application is treated as the basic application.
How many requests for examination may be made where Section 135(3) applies?	Only one request for examination for the applications filed in India.
What is the subject matter of Section 136?	Special provisions relating to convention applications.
What must accompany every convention application under Section 136(1)(a)?	A complete specification.
What must a convention application specify under Section 136(1)(b)?	The date on which and the convention country in which the application for protection, or the first such application, was made.
What declaration must be made under Section 136(1)(c)?	That no application for protection in respect of the invention had been made in a convention country before that date by the applicant or his predecessor in title.
Can a complete specification filed with a convention application include developments or additions?	Yes.
Under what provision are developments or additions allowed in a convention application?	Section 136(2), subject to Section 10.
What condition must developments or additions satisfy under Section 136(2)?	The applicant must be entitled under Section 6 to make a separate patent application for them.
Can a convention application be post-dated beyond the date on which it could have been made?	No.
Under which provision is post-dating of a convention application restricted?	Section 136(3) read with Section 17(1).
What is the subject matter of Section 137?	Multiple priorities.
When may a single application claiming multiple priorities be made under Section 137(1)?	When two or more patent applications in convention countries relate to inventions that together constitute one invention.
Who may file an application under Section 137(1)?	Any or all of the persons referred to in Section 135(1).
Within what period must an application under Section 137(1) be filed?	Within twelve months from the date of the earlier or earliest basic application.
What may be included in an application under Section 137(1)?	The inventions disclosed in the specifications accompanying the basic applications.
What is the priority date of a claim under Section 137(2)?	The date on which the relevant matter was first disclosed in one or more of the basic applications.
When is a matter deemed to have been disclosed in a basic application under Section 137(3)?	When it was claimed or disclosed, other than by way of disclaimer or acknowledgment of prior art, in the application or supporting documents filed at the same time.
Are disclosures in supporting documents always taken into account under Section 137(3)?	No.
When will disclosures in supporting documents be taken into account under Section 137(3)?	Only if a copy of the document is filed at the patent office with the convention application or within the prescribed period thereafter.
What is the subject matter of Section 138?	Supplementary provisions as to convention applications.
What may the Controller require from the applicant under Section 138(1)?	Copies of the specifications or corresponding documents filed or deposited in the patent office of the convention country, verified to the Controller's satisfaction.
Within what period must the documents required under Section 138(1) be furnished?	Within the prescribed period from the date of communication by the Controller.
What must be furnished if the specification or document is in a foreign language?	A verified English translation.
How must the English translation under Section 138(2) be verified?	By affidavit or otherwise to the satisfaction of the Controller.
When must the English translation under Section 138(2) be furnished?	When required by the Controller.
How is the date of an application in a convention country determined under Section 138(3)?	By the date certified by the official chief or head of the patent office of the convention country or otherwise to the Controller's satisfaction.
What effect does an international application designating India have under Section 138(4)?	It is treated as an application for patent under Sections 7, 54 or 135, as applicable.
What documents in an international application are treated as the complete specification under Section 138(4)?	The title, description, claims, abstract and drawings, if any.
What is the filing date of an international application processed by the Indian Patent Office as the designated office?	The international filing date accorded under the Patent Cooperation Treaty.
How are amendments made before the international searching authority or preliminary examination authority treated under Section 138(6)?	They may be treated as amendments made before the patent office if the applicant so desires.
What is the subject matter of Section 139?	Other provisions of Act to apply to convention applications.
What is the general rule under Section 139?	All provisions of the Patents Act apply to convention applications unless otherwise provided in this Chapter.
Do the provisions of the Act apply to patents granted on convention applications?	Yes.
How are convention applications treated under the Act?	In the same manner as ordinary patent applications, except where this Chapter provides otherwise.
How are patents granted pursuant to convention applications treated under the Act?	In the same manner as patents granted pursuant to ordinary applications, except where this Chapter provides otherwise.

CHAPTER-XXIII
MISCELLANEOUS
What is the subject matter of Section 140?	Avoidance of certain restrictive conditions.
In which agreements does Section 140 apply?	Contracts for sale or lease of patented articles, licences to manufacture or use patented articles, and licences to work patented processes.
What is the effect of inserting a prohibited restrictive condition under Section 140(1)?	The condition is void.
What restrictive condition is prohibited under Section 140(1)(a)?	Requiring or restricting the purchaser, lessee or licensee to acquire non-patented articles only from the vendor, lessor or licensor or their nominees.
What restrictive condition is prohibited under Section 140(1)(b)?	Prohibiting or restricting the use of non-patented articles not supplied by the vendor, lessor or licensor or their nominee.
What restrictive condition is prohibited under Section 140(1)(c)?	Prohibiting or restricting the use of any process other than the patented process.
What restrictive practices are prohibited under Section 140(1)(d)?	Exclusive grant back, prevention of challenges to patent validity and coercive package licensing.
Does a prohibited condition cease to be void merely because it is contained in a separate agreement?	No.
What defence is available in an infringement suit under Section 140(3)?	That, at the time of infringement, a contract relating to the patent contained a condition declared unlawful under Section 140.
When is the defence under Section 140(3) unavailable?	When the plaintiff was not a party to the contract and proves that the restrictive condition was inserted without his knowledge or consent.
Does Section 140 affect an exclusive dealing condition prohibiting the sale of goods of others?	No.
Does Section 140 validate an otherwise invalid contract?	No.
Does Section 140 affect a clause reserving the lessor's or licensor's right to supply replacement parts or repair a patented article?	No.
What is the subject matter of Section 141?	Determination of certain contracts.
To which contracts does Section 141 apply?	Contracts for the sale or lease of a patented article, licences to manufacture, use or work a patented article or process, or contracts relating thereto.
When may a contract be determined under Section 141(1)?	After the patent or all patents protecting the article or process have ceased to be in force.
Who may determine the contract under Section 141(1)?	The purchaser, lessee or licensee, as the case may be.
How may a contract be determined under Section 141(1)?	By giving three months' written notice to the other party.
Can a contract be determined under Section 141 despite a contrary contractual term?	Yes.
Does Section 141 affect any other right to determine a contract?	No, it is without prejudice to any other right of determination.
What is the subject matter of Section 142?	Fees.
Who prescribes the fees payable under the Patents Act?	The Central Government.
In respect of what matters are fees payable under Section 142(1)?	Grant of patents, patent applications and other matters relating to the grant of patents.
Can the Controller perform an act before the prescribed fee is paid?	No.
When must the fee for filing a document at the patent office be paid under Section 142(3)?	Along with the document or within the prescribed time.
What is the consequence of non-payment of the filing fee within the prescribed time?	The document is deemed not to have been filed at the patent office.
When does Section 142(4) apply?	When the principal patent is granted later than two years from the date of filing of the application.
Within what period may the due fees be paid under Section 142(4)?	Within three months from the date of recording of the patent in the register.
What is the maximum extended period for payment under Section 142(4)?	Not later than nine months from the date of recording of the patent.
What is the subject matter of Section 143?	Restrictions upon publication of specification.
Can the Controller publish a patent application or specification without the applicant's consent before the prescribed stage?	No.
To which Chapter is Section 143 subject?	Chapter VII.
Before what period shall the Controller not publish a patent application or specification without consent?	Before the expiry of the period prescribed under Section 11A(1).
Before what stage shall the Controller not publish a patent application or specification without consent?	Before it is open to public inspection under Section 11A(3) or Section 43.
What is the subject matter of Section 144?	Reports of Examiners to be confidential.
Are examiners' reports open to public inspection?	No.
Can the Controller publish examiners' reports?	No.
Can examiners' reports be produced or inspected in legal proceedings?	Only if the court certifies that such production or inspection is desirable in the interests of justice and ought to be allowed.
What is the subject matter of Section 145?	Publication of official journal.
Who shall publish the official journal under Section 145?	The Controller.
How often shall the official journal be published?	Periodically.
What shall the official journal contain?	Information required to be published by or under the Patents Act or the rules made thereunder.
What is the subject matter of Section 146?	Power of Controller to call for information from patentees.
Who may be required to furnish information under Section 146(1)?	A patentee or a licensee, whether exclusive or otherwise.
When may the Controller require information under Section 146(1)?	At any time during the continuance of the patent.
Within what period must information be furnished under Section 146(1)?	Within two months from the date of notice or such further time as the Controller may allow.
What information may the Controller require under Section 146(1)?	Information or periodical statements regarding the extent to which the patented invention has been commercially worked in India.
Who is required to furnish periodical statements under Section 146(2)?	Every patentee and every licensee, whether exclusive or otherwise.
At what intervals shall statements under Section 146(2) be furnished?	At prescribed intervals, not being less than six months.
What is the subject matter of the statements under Section 146(2)?	The extent to which the patented invention has been worked on a commercial scale in India.
Can the Controller publish information received under Section 146?	Yes.
Under which provision may the Controller publish such information?	Section 146(3).
What is the subject matter of Section 147?	Evidence of entries, documents, etc.
What is the evidentiary value of a certificate signed by the Controller under Section 147(1)?	It is prima facie evidence of the entry, its contents and the act done or omitted.
What documents are admissible in evidence under Section 147(2)?	Certified copies or extracts of registers, documents kept in the patent office or patents, sealed with the seal of the patent office.
Is further proof or production of the original required for certified copies under Section 147(2)?	No.
Can the Controller be compelled to produce the register or documents in legal proceedings?	No, except by order of the court for special causes.
When may the Controller or another patent office officer be compelled to appear as a witness?	Only by order of the court made for special causes.
What is the subject matter of Section 148?	Declaration by infant, lunatic, etc.
Who may act on behalf of a person under disability under Section 148(1)?	The lawful guardian, committee, manager or, if none exists, a person appointed by a competent court.
What disabilities are covered under Section 148(1)?	Minority, lunacy or other disability.
What may the authorised representative do under Section 148(1)?	Make the required statement and do acts in the name and on behalf of the person under disability.
Who may appoint a representative under Section 148(2)?	A court having jurisdiction over the person's property.
On whose petition may an appointment under Section 148(2) be made?	On the petition of a person acting on behalf of the person under disability or any other interested person.
What is the subject matter of Section 149?	Service of notices, etc. by post.
How may notices, applications and other authorised documents be served, made or filed under Section 149?	By post.
What is the subject matter of Section 150?	Security for costs.
When may the Controller require security for costs under Section 150?	When a person giving notice of opposition or applying for a compulsory licence neither resides nor carries on business in India.
Who may be required to furnish security for costs under Section 150?	A non-resident or person not carrying on business in India who files an opposition or applies for a licence under a patent.
What is the consequence of failure to furnish security for costs under Section 150?	The Controller may treat the opposition or application as abandoned.
What is the subject matter of Section 151?	Transmission of orders of courts to Controller.
What orders must the High Court transmit to the Controller under Section 151(1)?	Every order on a petition for revocation, including orders granting certificates of validity of any claim.
What must the Controller do upon receiving an order under Section 151(1)?	Cause an entry and reference to the order to be made in the register.
When must a court transmit its judgment and decree to the Controller under Section 151(2)?	When, in a patent infringement suit or a suit under Section 106, the validity of any claim or specification is contested and decided.
What must the Controller do on receiving a judgment and decree under Section 151(2)?	Make an entry relating to the proceeding in the prescribed manner in a supplemental record.
Do the provisions of Section 151 apply to appellate courts?	Yes.
Under which provision do Sections 151(1) and 151(2) apply to appellate courts?	Section 151(3).
What is the subject matter of Section 152?	Transmission of copies of specification, etc., and inspection thereof.
What is the status of Section 152?	Omitted by the Patents (Amendment) Act, 2005 with effect from 1-1-2005.
What is the subject matter of Section 153?	Information relating to patents.
Who may request information under Section 153?	Any person.
To whom must the request under Section 153 be made?	The Controller.
In what manner must a request under Section 153 be made?	In the prescribed manner.
What is required before information is supplied under Section 153?	Payment of the prescribed fee.
In relation to what may information be sought under Section 153?	A specified patent or a specified patent application, regarding prescribed matters.
What is the subject matter of Section 154?	Loss or destruction of patents.
When may the Controller issue a duplicate patent under Section 154?	When the patent is lost or destroyed or its non-production is satisfactorily explained to the Controller.
Who may apply for a duplicate patent under Section 154?	The applicant.
In what manner must an application for a duplicate patent be made?	In the prescribed manner.
What fee is required for issuance of a duplicate patent under Section 154?	The prescribed fee.
What may the Controller do upon being satisfied under Section 154?	Cause a duplicate patent to be sealed and delivered to the applicant.
What is the subject matter of Section 155?	Reports of Controller to be placed before Parliament.
Who shall place the report on the execution of the Patents Act before Parliament?	The Central Government.
Before whom shall the report under Section 155 be placed?	Both Houses of Parliament.
How often shall the report under Section 155 be placed before Parliament?	Once every year.
What shall the report under Section 155 relate to?	The execution of the Patents Act by or under the Controller.
What is the subject matter of Section 156?	Patent to bind Government.
Does a patent bind the Government under Section 156?	Yes.
Subject to what is Section 156 applicable?	The other provisions of the Patents Act.
What is the effect of a patent against the Government under Section 156?	It has the same effect against the Government as it has against any other person.
What is the subject matter of Section 157?	Right of Government to sell or use forfeited articles.
Does the Patents Act affect the Government's power to sell or use forfeited articles?	No.
Who may sell or use forfeited articles under Section 157?	The Government or any person deriving title directly or indirectly from the Government.
Under what law must the articles be forfeited for Section 157 to apply?	Any law for the time being in force.
What is the subject matter of Section 157A?	Protection of security of India.
What may the Central Government withhold under Section 157A(a)?	Information relating to a patentable invention or a patent application if its disclosure is prejudicial to the security of India.
What action may the Central Government take under Section 157A(b)?	Any action, including revocation of a patent, necessary in the interest of the security of India.
How does the Central Government exercise its power under Section 157A(b)?	By issuing a notification in the Official Gazette.
What does "security of India" include under Section 157A?	Matters relating to fissionable materials, traffic in arms, ammunition and implements of war, and actions taken during war or other emergency in international relations.
Which materials are covered under Section 157A Explanation (i)?	Fissionable materials and materials from which they are derived.
What is covered under Section 157A Explanation (ii)?	Traffic in arms, ammunition, implements of war and related goods or materials for military establishments.
What situations are covered under Section 157A Explanation (iii)?	Actions taken during war or other emergency in international relations.
What is the subject matter of Section 158?	Power of High Courts to make rules.
Who has the power to make rules under Section 158?	The High Court.
What must the rules made under Section 158 be consistent with?	The Patents Act.
For what purpose may the High Court make rules under Section 158?	For the conduct and procedure in respect of all proceedings before it under the Patents Act.
To which proceedings do the rules under Section 158 apply?	All proceedings before the High Court under the Patents Act.
What is the subject matter of Section 159?	Power of Central Government to make rules.
Who has the power to make rules under Section 159(1)?	The Central Government.
How are rules under Section 159(1) made?	By notification in the Official Gazette.
For what purpose may rules be made under Section 159(1)?	For carrying out the purposes of the Patents Act.
What may rules prescribe under Section 159(2)(i)?	The form and manner of filing patent applications, specifications, drawings and other documents.
What may rules prescribe under Section 159(2)(ia)?	The period for filing statements and undertakings under Section 8 and details relating to foreign applications.
What may rules prescribe under Section 159(2)(ib)?	The period for referring to deposited biological material in the specification under Section 10.
What may rules prescribe under Section 159(2)(ic)?	The period during which a patent application is not open to the public and the manner of requesting early publication under Section 11A.
What may rules prescribe under Section 159(2)(id)?	The manner of requesting examination and the period for making such request under Section 11B.
What may rules prescribe under Section 159(2)(ie)?	The manner of withdrawing a patent application and the period for requesting examination after revocation of secrecy directions.
What may rules prescribe under Section 159(2)(ii)?	The time and manner for doing acts and publishing matters under the Act.
What may rules prescribe under Section 159(2)(iii)?	Fees payable under the Act and the manner and time of payment.
What may rules prescribe under Section 159(2)(iv)?	Matters on which the examiner may report to the Controller.
What may rules prescribe under Section 159(2)(v)?	The manner and period for disposal of representations under Section 25(1).
What may rules prescribe under Section 159(2)(va)?	The period within which applications under Section 39 must be disposed of.
What may rules prescribe under Section 159(2)(vi)?	The form, manner and time for giving notices under the Act.
What may rules prescribe under Section 159(2)(vii)?	Provisions to be inserted in restoration orders for protection of persons using the invention after lapse of the patent.
What may rules prescribe under Section 159(2)(viii)?	Establishment of branch patent offices and regulation of patent office business.
What may rules prescribe under Section 159(2)(ix)?	Maintenance of the register of patents, electronic safeguards and matters to be entered therein.
What may rules prescribe under Section 159(2)(x)?	Matters in respect of which the Controller has powers of a civil court.
What may rules prescribe under Section 159(2)(xi)?	The time and manner of inspection of the register and other documents.
What may rules prescribe under Section 159(2)(xii)?	Qualifications of scientific advisers and preparation of their roll under Section 115.
What may rules prescribe under Section 159(2)(xiiia)?	The manner of holding inquiry and imposing penalty under Section 124A.
What may rules prescribe under Section 159(2)(xiiib)?	The form and manner of preferring appeals under Section 124B.
What may rules prescribe under Section 159(2)(xiv)?	Maintenance of the register of patent agents, electronic safeguards, qualifying examinations, practice, conduct and disciplinary proceedings.
What may rules prescribe under Section 159(2)(xv)?	Making, printing, publishing, selling and inspection of indexes and abridgments of patent documents.
What may rules prescribe under Section 159(2)(xvi)?	Any other matter required or permitted to be prescribed under the Act.
Are rules under Section 159 generally subject to previous publication?	Yes.
When may the Central Government dispense with previous publication?	When it is satisfied that circumstances make compliance with previous publication practically impossible.
What is the subject matter of Section 160?	Rules to be placed before Parliament.
What must be done with every rule made under the Patents Act?	It must be laid before each House of Parliament.
For how long must a rule be laid before Parliament?	For a total period of thirty days.
Can the thirty-day period be spread over more than one session?	Yes, it may be comprised in one session or in two or more successive sessions.
What happens if both Houses agree to modify a rule?	The rule thereafter has effect only in the modified form.
What happens if both Houses agree that a rule should not be made?	The rule thereafter has no effect.
Does modification or annulment affect actions already taken under the rule?	No, it is without prejudice to the validity of anything previously done under the rule.
What is the subject matter of Section 161?	Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911.
What is the status of Section 161?	Omitted by the Patents (Amendment) Act, 2002 with effect from 20-5-2003.
What is the subject matter of Section 162?	Repeal of Act 2 of 1911 in so far as it relates to patents and savings.
Which Act is repealed under Section 162(1)?	The Indian Patents and Designs Act, 1911, insofar as it relates to patents.
How is the repeal of the Indian Patents and Designs Act, 1911 effected?	By amendment in the manner specified in the Schedule.
Does Section 162 affect the general application of the General Clauses Act, 1897 regarding repeals?	No.
Can pending patent infringement suits or revocation proceedings continue after commencement of the Patents Act?	Yes.
How are pending patent suits or revocation proceedings to be decided under Section 162(5)?	As if the Patents Act had not been passed.
What is the subject matter of Section 163?	Amendment of Act 43 of 1958.
What is the status of Section 163?	Omitted by the Patents (Amendment) Act, 2005 with effect from 1-1-2005.

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