Patents Act, 1970
25. Opposition to the patent.—(1) Where an application for a patent has been published but a patent has not been granted ... writing, represent by way of opposition to the Controller against the grant of patent on the ground—
(a) that the applicant for the patent
application; and (b) an undertaking that, up to the date of grant of patent in India, he would keep the Controller informed in writing, from ... application for patent is filed in India and till the grant of a patent or refusal to grant of a patent made thereon, the Controller
make those inventions non-patentable.
40. Justice Ayyangar’s report specially discussed (a) patents for
chemical inventions; and (b) patents for inventions relating to food ... process were not patentable
though processes for making such products were patentable, if, of course,
they satisfied the other tests of patentability, e.g. novelty
patented invention are not satisfied or that the patented invention is not worked in the territory of India or that the patented invention ... patented invention have not been satisfied or that the patented invention is not worked in the territory of India or that the patented invention
application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges ... patent: Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall
Section 47 in The Patents Act, 1970
47. Grant of patents to be subject to certain conditions.—The grant of a patent under this
Grant of patents.—(1) Where an application for a patent has been found to be in order for grant of the patent and either ... patent office and the date on which the patent is granted shall be entered in the register. (2) On the grant of patent, the Controller
interpret Section 64 of the Patents Act, in
conjunction with the other provisions of the Patents Act , whereunder, the grant of
13
a patent ... herein:
“25. Opposition to the patent— (1) Where an application for a patent has
been published but a patent has not been granted, any person
independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention, the Controller ... date as the date of the patent so revoked. (3) A patent shall not be granted as a patent of addition unless the date
case of trademarks. The Patent Act , provides that even after a patent is granted, post-grant opposition can be filed under Section ... working of the patent. It is averred that the working of a recent patent is an absolute precondition for grant of injunction. In the present
