Section 20 Indian Patents Act 1970 (Powers of Controller to make orders …)

Section 20 Indian Patents Act 1970

Section 20 of the Indian Patents Act 1970 is about Powers of Controller to make orders regarding substitution of applicants etc. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Powers of Controller to make orders regarding substitution of applicants etc.

(1) If the Controller is satisfied, on a claim made in the prescribed manner at any time before a patent has been granted, that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for the patent or by operation of law, the claimant would, if the patent were then granted be entitled thereto or to the interest of the applicant therein, or to an undivided share of the patent or of that interest, the Controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly as the case may require.

(2) No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for a patent except with the consent of the other joint applicant or applicants.

(3) No such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of an invention unless–
(a) the invention is identified therein by reference to the number of the application for the patent; or
(b) there is produced to the Controller an acknowledgment by the person by whom the assignment or agreement was made that the assignment or agreement relates to the invention in respect of which that application is made; or
(c) the rights of the claimant in respect of the invention have been finally established by the decision of a court; or
(d) the Controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5).

(4) Where one of two or more joint applicants for a patent dies at any time before the patent has been granted, the Controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone.

(5) If any dispute arises between joint applicants for a patent whether or in what manner the application should be proceeded with, the Controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require.


See also:

Section 19 Indian Patents Act 1970 (Powers of Controller in case of potential infringement)

Section 19 Indian Patents Act 1970 (Powers of Controller in case of potential infringement)

Section 19 Indian Patents Act 1970

Section 19 of the Indian Patents Act 1970 is about Powers of Controller in case of potential infringement. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Powers of Controller in case of potential infringement

(1) If, in consequence of the investigations required 1[under this Act], it appears to the Controller that an invention in respect of which an application for a patent has been made cannot be performed without substantial risk of infringement of a claim of any other patent, he may direct that a reference to that other patent shall be inserted in the applicant’s complete specification by way of notice to the public, unless within such time as may be prescribed–
(a) the applicant shows to the satisfaction of the Controller that there are reasonable grounds for contesting the validity of the said claim of the other patent; or
(b) the complete specification is amended to the satisfaction of the Controller.

(2) Where, after a reference to another patent has been inserted in a complete specification in pursuance of a direction under sub-section (1)–
(a) that other patent is revoked or otherwise ceases to be in force; or
(b) the specification of that other patent is amended by the deletion of the relevant claim; or
(c) it is found, in proceedings before the court or the Controller, that the relevant claim of that other patent is invalid or is not infringed by any working of the applicant’s invention, the Controller may, on the application of the applicant, delete the reference to that other patent.


See also:

Section 18 Indian Patents Act 1970 (Powers of Controller in cases of anticipation.)

Section 18 Indian Patents Act 1970 ( Powers of Controller in cases of anticipation)

Section 18 Indian Patents Act 1970

Section 18 of the Indian Patents Act 1970 is about  Powers of Controller in cases of anticipation. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

 Powers of Controller in cases of anticipation

(1) Where it appears to the Controller that the invention so far as claimed in any claim of the complete specification has been anticipated in the manner referred to in clause (a) of sub-section (1) or sub-section (2) of section 13, he may refuse to 1[the application] unless the applicant–
(a) shows to the satisfaction of the Controller that the priority date of the claim of his complete specification is not later than the date on which the relevant document was published; or
(b) amends his complete specification to the satisfaction of the Controller.

(2) If it appears to the Controller that the invention is claimed in a claim of any other complete specification referred to in clause (b) of sub-section (1) of section 13, he may, subject to the provisions hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice to the public in the applicants complete specification unless within such time as may be prescribed,–
(a) the applicant shows to the satisfaction of the Controller that the priority date of his claim is not later than the priority date of the claim of the said other specification; or
(b) the complete specification is amended to the satisfaction of the Controller.

(3) If it appears to the Controller, as a result of an investigation under section 13 or otherwise,–
(a) that the invention so far as claimed in any claim of the applicant’s complete specification has been claimed in any other complete specification referred to in clause (a) of sub-section (1) of section 13; and
(b) that such other complete specification was published on or after the priority date of the applicant’s claim, then, unless it is shown to the satisfaction of the Controller that the priority date of the applicant’s claim is not later than the priority date of the claim of that specification, the provisions of sub-section (2) shall apply thereto in the same manner as they apply to a specification published on or after the date of filing of the applicant’s complete specification.


See also:

Section 17 Indian Patents Act 1970 (Power of Controller to make orders respecting dating of application.)

Section 17 Indian Patents Act 1970 (Power of Controller to make orders respecting dating of application)

Section 17 Indian Patents Act 1970

Section 17 of the Indian Patents Act 1970 is about Power of Controller to make orders respecting dating of application. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Power of Controller to make orders respecting dating of application

(1) Subject to the provisions of section 9, at any time after the filing of an application and [before the grant of the patent] under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specified in the request, and proceed with the application accordingly:

Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made.

[(2) Where an application or specification (including drawings) or any other documents is required to to be amended under section 15, the application or specification or other document shall, if the Controller so directs, be deemed to have been made on the date on which the requirement is complied with or where the application or specification or other document is returned to the applicant, on the date on which it is refiled after complying with the requirement.]


See also:

Section 16 Indian Patents Act 1970 (Power of Controller to make orders respecting division of application.)

Section 16 Indian Patents Act 1970 (Power of Controller to make …)

Section 16 Indian Patents Act 1970

Section 16 of the Indian Patents Act 1970 is about Power of Controller to make orders respecting division of application. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Power of Controller to make orders respecting division of application

(1) A person who has made an application for a patent under this Act may, at any time [before the grant of the patent], if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application.

(2) The further application under sub-section (1) shall be accompanied by a complete specification, but such complete specification shall not include any matter not in substance disclosed in the complete specification filed in pursuance of the first mentioned application.

(3) The Controller may require such amendment of the complete specification filed in pursuance of either the original or the further application as may be necessary to ensure that neither of the said complete specifications includes a claim for any matter claimed in the other.

[Explanation.– For the purposes of this Act, the further application and the complete specification accompanying it shall be deemed to have been filed on the date on which the first mentioned application had been filed, and the further application shall be proceeded with as a substantive application and be examined when the request for examination is filed within the prescribed period.]


See also:

Section 15 Indian Patents Act 1970 (Power of Controller to refuse or require amended applications, etc., in certain cases.)

Section 15 Indian Patents Act 1970 (Power of Controller to refuse or require amended applications … )

Section 15 Indian Patents Act 1970

Section 15A of the Indian Patents Act 1970 is about Power of Controller to refuse or require amended applications, etc., in certain cases. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Power of Controller to refuse or require amended applications, etc., in certain cases

Where the Controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the application on failure to do so.


See also:

Section 14 Indian Patents Act 1970 (Consideration of report of examiner by Controller.)

Section 14 Indian Patents Act 1970 (Publication of applications)

Section 14 Indian Patents Act 1970

Section 14 of the Indian Patents Act 1970 is about Consideration of report of examiner by Controller. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Consideration of report of examiner by Controller

Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously as possible the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed period, give him an opportunity of being heard.]


See also:

Section 13 Indian Patents Act 1970 (Search for anticipation by previous publication and by prior claim.)

Section 13 Indian Patents Act 1970 (Search for anticipation … )

Section 13 Indian Patents Act 1970

Section 13 of the Indian Patents Act 1970 is about Search for anticipation by previous publication and by prior claim. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Search for anticipation by previous publication and by prior claim

(1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the invention so far as claimed in any claim of the complete specification–

(a) has been anticipated by publication before the date of filing of the applicant’s complete specification in any specification filed in pursuance of an application for a patent made in India and dated on or after the 1st day of January, 1912;
(b) is claimed in any claim of any other complete specification published on or after the date of filing of the applicant’s complete specification, being a specification filed in pursuance of an application for a patent made in India and dated before or claiming the priority date earlier than that date.

(2) The examiner shall, in addition, make such investigation for the purpose of ascertaining whether the invention, so far as claimed in any claim of the complete specification, has been anticipated by publication in India or elsewhere in any document other than those mentioned in sub-section (1) before the date of filing of the applicants complete specification.

(3) Where a complete specification is amended under the provisions of this Act before [the grant of a a patent], the amended specification shall be examined and investigated in like manner as the original specification.

(4) The examination and investigations required under section 12 and this section shall not be deemed in any way to warrant the validity of any patent, and no liability shall be incurred by the Central Government or any officer thereof by reason of, or in connection with, any such examination or investigation or any report or other proceedings consequent thereon.


See also:

Section 12 Indian Patents Act 1970 (Examination of application.)

Section 12 Indian Patents Act 1970 (Examination of application)

Section 12 Indian Patents Act 1970

Section 12 of the Indian Patents Act 1970 is about Examination of application. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Examination of application

[(1) When a request for examination has been made in respect of an application for a patent in the prescribed manner [under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller] to an examiner for making a report to him in respect of the following matters, namely:–
(a) whether the application and the [specification and other documents relating thereto] are in accordance with the requirements of this Act and of any rules made thereunder;
(b) whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;
(c) the result of investigations made under section 13; and
(d) any other matter which may be prescribed.

(2) The examiner to whom the application and the 3[specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within [such period as may be prescribed].


See also:

Section 11b Indian Patents Act 1970 (Request for examination)

Section 11B Indian Patents Act 1970 (Publication of applications)

Section 11B Indian Patents Act 1970

Section 11B of the Indian Patents Act 1970 is about Request for examination. It is under CHAPTER IV of the Act. CHAPTER IV is titled PUBLICATION AND EXAMINATION OF APPLICATIONS.

Request for examination

[(1) No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period.]

(2) Omitted

[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.]

(4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1)5*** or sub-section (3), the application shall be treated as withdrawn by the applicant:

[Provided that–
(i) the applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and
(ii) in a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.]


See also:

Section 11a Indian Patents Act 1970 (Publication of applications)