Over 2 lakh Indian cases. Search powered by Google!

Case Details

PATENTS ACT 1970

Indian Legislation

pa1970109

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


PATENTS ACT 1970

THE PATENTS ACT, 1970

ACT NO. 39.OF 1970

[19th September, 1970.]

An Act to amend and consolidate the law relating to patents. be IT ENACTED by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAP PRELIMINARY CHAPTER I PRELIMINARY

Short title, extent and commencement.

1.Short title, extent and commencement. (1) This Act may be Called the Patents Act, 1970.

(2) It extends to the whole of India.

(3) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Definition and interpretation.

2.Definition and interpretation. (1) In this Act, unless the context otherwise requires,- (a) "assignee" includes the legal representative of a deceased assignee, and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person ; (b) "Controller" means the Controller General of Patents, Designs and Trade Marks referred to in section 73 (c) "Convention application" means an application for a patent made by virtue of section 135; (d) "convention country" means a country notified as such

under sub-section (1) of section 133 ; (e) "district court" has the meaning assigned to that expression by the Code of Civil Procedure, 1908 ; (5 of 1908) (f)"exclusive licence" means a licence from a patentee which confers on the licensee, or on the licensee and persons autho- ----------------------------------------------------------------------

1 The provisions of this Act, other than sections 12 (2), 13 (2), 28, 68 and 125 to 132 came into force on the 20th April, 1972, vide Notification No. S. O. 300(E), dated the 20th April, 1972, see Gazette of India, Extraordinary, Part II, Section 3 (ii), page 735.

The provisions of sections 12 (2), 13 (2), 28, 68 and 125 to 132 came into force on the 1st April, 1978, vide Notification No. S. O. 799, dated the 10th March, 1978, see Gazette of India, 1978, Part II, Section 3 (ii), page 764. --------------------------------------------------------------------- 34 rised by him, to the exclusion of all other persons (including, the patentee), any right in respect of the patented invention, and "exclusive licensee" shall be construed accordingly; (g) "food" means any article of nourishment and includes any substance intended for the use of babies, invalids or convalescents as an article of food or drink ; (h) "Government undertaking" means any industrial undertaking, carried on- (i) by a department of the Government, or (ii) by a corporation established by a Central, Provincial or State Act, which is owned or controlled by the Government, or (iii) by a Government company as defined in section 617 of the Companies Act, 1956, (1 of 1956) and includes the Council of Scientific and Industrial Research and any other institution which is financed wholly or for the major part by the said Council; (i) "High Court" means,- (i) in relation to the Union territory of Delhi 1 *** the High Court of Delhi; 2 [ (ii) in relation to the Union territory of Arunachal Pradesh and the Union territory of Mizoram, the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura);] (iii) in relation to the Union territory of the Andaman and Nicobar Islands, the High Court at Calcutta; (iv) in relation to the Union territory of 3[Lakshadeep], the High Court of Kerala; (v) in relation to the Union territory of Goa, Daman and Diu and the Union territory of Dadra and Nagar Haveli, the High Court at Bombay; (vi) in relation to the Union territory of Pondicherry, the High Court at Madras; ---------------------------------------------------------------------- 1 The words "and the Union territory of Himachal Pradesh" omitted by the state of Himachal Pradesh (Adaptation of Laws on Union Subjects) Order, 1973 (w.e.f. 25-1-1971). 2 Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974, for sub-clause (ii) (w.e.f. 21-1-1972). 3. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974. for "the Laccadive, Minicoy and Amindivi Islands" (w.e.f. 1-11-1973). ---------------------------------------------------------------------- 35 (vii) in relation to the Union territory of Chandigarh, the High Court of Punjab and Haryana; and (viii) in relation to any other State, the High Court for, that State ; (j) "invention" means any new and useful- (i) art, process, method or manner of manufacture; (ii) machine, apparatus or other article; (iii) substance produced by manufacture, and includes any new and useful improvement of any of them and an alleged invention; (k) "legal representative" means a person who in law represents the estate of a deceased person; (l) "medicine or drug" includes,- (i) all medicines for internal or external use of human beings or animals, (ii) all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of diseases in human beings or animals, (iii) all substances intended to be used for or in the maintenance of public health, or the prevention or control of any epidemic disease among human beings or animals, (iv) insecticides, germicides, fungicides, weedicides and all other substances intended to be used for the protection or preservation of plants; (v) all chemical substances which are ordinarily used as intermediates in the preparation or manufacture of any of the, medicines or substances above referred to; (m) "patent" means a patent granted under this Act and includes for the purposes of sections 44, 49, 50, 51, 52, 54, 55, 56, 57, 58, 63, 65, 66, 68, 69, 70, 78, 134, 140, 153, 154 and 156 and Chapters XVI, XVII and XVIII, a patent granted under the Indian Patents and Designs Act, 1911; (2 of 1911) (n) "patent agent" means a person for the time being registered under this Act as a patent agent; (o) "patented article" and "patented process" mean respectively an article or process in respect of which a patent is in force; (p) "patentee" means the person for the time being entered on the register as the grantee or proprietor of the patent; (q) "patent of addition" means a patent granted in accordance with section 54; 36 (r) "patent office" means the patent office referred to in section 74; (s) "person" includes the Government; (t) "person interested" includes a person engaged in, or in promoting, research in the same field as that to which the invention relates; (u) "prescribed" means, in relation to proceedings before a High Court, prescribed by rules made by the High Court, and in other cases, prescribed by rules made under this Act; (v) "Prescribed manner" includes the payment of the prescribed fee ; (w) "priority date" has the meaning assigned to it by section 11; (x) "register" means the register of patents referred to in section 67; (y) "true and first inventor" does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.

(2) In this Act, unless the context otherwise requires, any reference- (a) to the Controller shall be construed as including a reference to any officer discharging the functions of the Controller in pursuance of section 73; (b) to the patent office shall be construed as including a reference to any branch office of the patent office. CHAP INVENTIONS NOT PATENTABLE CHAPTER II INVENTIONS NOT PATENTABLE

What are not inventions. 3.What are not inventions. The following are not inventions within the meaning of this Act,- (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws ; (b) an invention the primary or intended use of which would be contrary to law or morality or injurious to public health; (c) the mere discovery of a scientific principle or the formulation of an abstract theory; (d) the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant; 37 (e) a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance; (f) the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; (g) a method or process of testing applicable during the process of manufacture for rendering the machine apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture; (h) a method of agriculture or horticulture; (i) any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products.

Inventions relating to atomic energy not patentable. 4.Inventions relating to atomic energy not patentable. No patent shall be granted in respect of an invention relating to atomic energy

falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962. (33 of 1962.)

Inventions where only methods or processes of manufacture patentable. 5.Inventions where only methods or processes of manufacture patentable. In the case of inventions- (a) claiming substances intended for use, or capable of being used as food or as medicine or drug, or (b) relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic compounds), no patent shall be granted in respect of claims for the substances themselves, but claims for the methods or processes of manufacture shall be patentable. CHAP APPLICATIONS FOR PATENTS CHAPTER III APPLICATIONS FOR PATENTS

Persons entitled to apply for Patents.

6.Persons entitled to apply for Patents. (1) Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,- (a) by any person claiming to be the true and first inventor of the invention; 38 (b) by 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; (c) by the legal representative of any deceased person who immediately before his death was entitled to make such an application.

(2) An application under sub-section (1) may be made by any of the persons referred to therein either alone or jointly with any other person.

From application.

7.From application. (1) Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office.

(2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filling of the application, proof of the right to make the application.

(3) Every application under this section shall state that the applicant is in possession of the invention and shall name the owner claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor.

(4) Every such application (not being a convention application) shall be accompanied by a provisional or a complete specification.

Information and undertaking regarding foreign applications. 8. Information and undertaking regarding foreign applications.

(1) Where an applicant for a patent under this Act is prosecuting either alone or jointly with any other person an application for a patent in any country outside India in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application- (a) a statement setting out the name of the country where the application is being prosecuted, the serial number and date of filing of the application and such other particulars as may be prescribed; and (b) an undertaking that, up to the date of the acceptance of his complete specification filed in India, he would keep the Controller informed in writing, from time to time, of details of the nature referred to in clause (a) in respect of every other 39 application relating to the same or substantially the same invention, if any, filed in any country outside India subsequently to the filing of the statement referred to in the aforesaid clause within the prescribed time.

(2) The Controller may also require the applicant to furnish, as far as may be available to the applicant, details relating to the objections, if any, taken to any such application as is referred to in

sub-section (1) on the ground that the invention is lacking in novelty or patentability, the amend- ments effected in the specifications, the claims allowed in respect thereof and such other particulars as he may require.

Provisional and complete specifications.

9.Provisional and complete specifications. (1) Where an application for a patent (not being a convention application) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed the application shall be deemed to be abandoned: Provided that the complete specification may be filed at any time after twelve months but within fifteen months from the date aforesaid, if a request to that effect is made to the Controller and the prescribed fee is paid on or before the date on which the complete specification is filed.

(2) Where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of inventions which are cognate or of which one is a modification of another and the Controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification to be filed in respect of all such provisional specifications.

(3) Where an application for a patent (not being a convention application) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time before the acceptance of the specification, direct that such specification shall be treated for the purposes of this Act as a provisional specification and proceed with the application accordingly.

(4) Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section

(5) as a provisional specification, the Controller may, if the applicant so requests at any time before the acceptance of the complete specification, cancel the provisional specification and post- date the application to the date of filing of the complete specification. 40

Contents of specification.

10.Contents of specification. (1) Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates.

(2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional ; and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.

(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the acceptance of the application, but such model or sample shall not be deemed to form part of the specification.

(4) Every complete specification shall- (a) fully and particularly describe the invention and its operation or use and the method by which it is to be performed; (b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and (c) end with a claim or claims defining the scope of the inventions for which protection is claimed.

(5) The claim or claims of a complete specification shall relate to a single invention, shall be clear and succinct and shall, be fairly based on the matter disclosed in the specification and shall, in the case of an invention such as is referred to in section 5 relate to a single method or process of manufacture.

(6) A declaration as to the inventorship of the invention shall, in such cases as may be prescribed, be furnished in the prescribed form with the complete specification or within such period as may be prescribed after the filing of that specification. specification filed after a provisional specification may include claims in specification filed after a provisional specification may include claims in respect of developments of, or additions to, the invention which was described in the provisional specification, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent.

Priority dates of claims of a complete specification.

11.Priority dates of claims of a complete specification. (1) There shall be a priority date for each claim of a complete specification. 41

(2) Where a complete specification is filed in pursuance of a single application accompanied by- (a) a provisional specification; or (b) a specification which is treated by virtue of a

direction under sub-section (3) of section 9 as a provisional specification, and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of the filing of the relevant specification.

(3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such

specifications as are mentioned in sub-section (2) and the claim is fairly based oil the matter disclosed- (a) in one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification ; (b) partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date.

(4) Where the complete specification has been filed in pursuance

of a further application made by virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed.

(5) Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.

(6) In any case to which sub-sections (2), (3), (4) and (5) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification.

(7) The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 17 or, as the case may be, ante-dating under section 16, be a reference to the date as so post-dated or ante-dated.

(8) A claim in a complete specification of a patent shall not be invalid by reason only of- (a) the publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or 42 (b) the grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date. CHAP EXAMINATION OF APPLICATIONS CHAPTER IV EXAMINATION OF APPLICATIONS

Examination of application.

12.Examination of application. (1) When the complete specification has been filed in respect of an application for a patent, the application and the specification relating thereto shall be referred 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 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 specification

relating thereto are referred under sub-section (1) shall ordinarily make the report to the Controller within a period of eighteen months from the date of such reference.

Search for anticipation by previous publications and by prior claim. 13.Search for anticipation by previous publications 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 as the Controller may direct 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 43

than those mentioned in sub-section (1) before the date of filing of the applicant's complete specification.

(3) Where a complete specification is amended under the provisions of this Act before it has been accepted, 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.

Consideration of report of examiner by Controller. 14.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 or of the specification to ensure com- pliance 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 the gist of the objections to the applicant and shall, if so required by the applicant within the prescribed time, give him an opportunity of being heard.

Power of Controller to refuse or require amended applications incertain cases. 15.Power of Controller to refuse or require amended applications

in certain cases. (1) Where the Controller is satisfied that the application or any specification filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may either- (a) refuse to proceed with the application; or (b) require the application, specification or drawings to be amended to his satisfaction before he proceeds with the application.

(2) If it appears to the Controller that the invention claimed in the specification is not an invention within the meaning of, or is not patentable under this Act, he shall refuse the application.

(3) If it appears to the Controller that any invention, in respect of which an application for a patent is made, might be used in any manner contrary to law, he may refuse the application, unless the specification is amended by the insertion of such disclaimer in respect of that use of the invention, or such other reference to the illegality thereof, as the Controller thinks fit.

Power of Controller of make orders respecting division ofapplication. 16. Power of Controller of 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 acceptance of the complete specification, if he so desires, or with a view to remedy the objection raised by the 44 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 complete specification in pursuance of the first mentioned application had been filed, and the further application shall, subject to the determination

of the priority date under sub-section (4) of section 11, be proceeded with as a substantive application.

Power of Controller to make orders respecting dating of application. 17.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 acceptance of the complete specification 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)

is required to be amended under clause (b) of sub-section (1) of section 15, the application or specification 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 is returned to the applicant, on the date on which it is re-filed after complying with the requirement.

Powers of Controller in cases of anticipation.

18.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) 45 of section 13, he may refuse to accept the complete specification 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 subsection (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 applicant's 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

subsection (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.

(4) Any order of the Controller under sub-section (2) or sub-

section (3) directing the insertion of a reference to another complete specification shall be of no effect unless and until the other patent is granted.

Powers of Controller in case of potential infringement.

19.Powers of Controller in case of potential infringement. (1) If, in consequence of the investigations required by the foregoing provisions of this Act or of proceedings under section 25, 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 46 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.

Powers of Controller to make orders regarding substitution ofapplications etc. 20. Powers of Controller to make orders regarding substitution of

applications 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.

Time for putting application in order for acceptance.

21.Time for putting application in order for acceptance. (1) An application for a patent shall be deemed to have been abandoned unless within fifteen months from the date on which the first statement of objections to the application or complete specification is forwarded by the Controller to the applicant or within such longer period as may be allowed under the following provisions of this section the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application. Explanation.-Where the application or any specification or, in the case of a convention application, any document filed as part of the application has been returned to the applicant by the Controller in the course of the proceedings, the applicant shall not be deemed to have complied with such requirements unless and until he has re-filed it.

(2) The period of fifteen months specified in sub-section (1) shall, on request made by the applicant in the prescribed manner and before the expiration of the period so specified, be extended for a further period so requested (hereafter in this section referred to as the extended period), so, however, that the total period for complying with the requirements 48 of the Controller does not exceed eighteen months from the date on

which the objections referred to in sub-section (1) are forwarded to the applicant.

(3) If at the expiration of the period of fifteen months specified in

sub-section (1) or the extended period- (a) an appeal to the High Court is pending in respect of the application for the patent for the main invention, or (b) in the case of an application for a patent of addition, an appeal to the High Court is pending in respect of either that application or the application for the main invention, the time within which the requirements of the Controller shall be complied with shall, on an application made by the applicant before the expiration of the said period of fifteen months or the extended period, as the case may be, be extended until such date as the High Court may determine.

(4) If the time within which the appeal mentioned in sub-section

(3) may be instituted has not expired, the Controller may extend the period of fifteen months, or as the ease may be, the extended period, until the expiration of such further period as he may determine; Provided that if an appeal has been filed during the said further period, and the High Court has granted any extension of time for complying with, the requirements of the Controller, then, the requirements may be complied with within the time granted by the Court.

Acceptance of complete specification. 22.Acceptance of complete specification. Subject to the provisions of section 21, the complete specification filed in pursuance of an application for a patent may be accepted by the Controller at any time after the applicant has complied with the

requirements mentioned in sub-section (1) of that section, and, if not so accepted within the period allowed under that section for compliance with those requirements, shall be accepted as soon as may be thereafter: Provided that the applicant may make an application to the Controller in the prescribed manner requesting him to postpone acceptance until such date [not being later than eighteen months from

the date on which the objections referred to in sub-section (1) of section 21 are forwarded to the applicant] as may be specified in the application, and, if such application is made, the Controller may postpone acceptance accordingly.

Advertisement of acceptance of complete specification. 23.Advertisement of acceptance of complete specification. On the acceptance of a complete specification, the Controller shall give notice thereof to the applicant and shall advertise in the Official Gazette the fact that the specification has been accepted, and thereupon 49 the application and the specification with the drawings (if any) filed in pursuance thereof shall be open to public inspection.

Effect of acceptance of complete specification. 24.Effect of acceptance of complete specification. On and from the date of advertisement of the acceptance of a complete specification and until the date of sealing of a patent in respect thereof, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of advertisement of acceptance of the complete specification: Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been sealed. CHAP OPPOSITION TO GRANT OF PATENT CHAPTER V OPPOSITION TO GRANT OF PATENT

Opposition to grant of patent.

25.Opposition to grant of patent. (1) At any time within four months from the date of advertisement of the acceptance of a complete specification under this Act (or within such further period not exceeding one month in the aggregate as the Controller may allow on application made to him in the prescribed manner before the expiry of the four months aforesaid) any person interested may give notice to the Controller of opposition to the grant of the patent on any of the following grounds, namely :- (a) that the applicant for the patent or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim- (i) in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or (ii) in India or elsewhere, in any other document: Provided that the ground specified in sub-clause (ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of

sub-section (2) or sub-section (3) of section 29 ; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in India, 50 being a claim of which the priority date is earlier than that of the applicant's claim; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim. Explanation.-For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step, having regard to the matter published as mentioned in clause (b) or having regard to what was used in India before the priority date of the applicant's claim; (f) that the subject of any claim of the complete specification is not an invention within the meaning of this Act, or is not patentable under this Act; (g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed; (h) that the applicant has failed to disclose to the Controller the information required by section 8 or has furnished the information which in any material particular was false to his knowledge; (i) that in the case of a convention application, the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title, but on no other ground

(2) Where any such notice of opposition is duly given, the Controller shall notify the applicant and shall give to the applicant and the opponent an opportunity to be heard before deciding the case.

(3) The grant of a patent shall not be refused on the ground

stated in clause (c) of sub-section (1) if no patent has been granted in pursuance of the application mentioned in that clause; and for the purpose of any 51 inquiry under clause (d), or clause (e), of that sub-section, no account shall be taken of any secret use.

In cases of "obtaining" Controller may treat application asapplication of opponent. 26.In cases of "obtaining" Controller may treat application as

application of opponent. (1) Where in any opposition proceeding under this Act- (a) the Controller finds that the invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause

(a) of sub-section (1) of section 25 and refuses the application on that ground, he may, on request by such opponent made in the prescribed manner, direct that the application shall proceed in the name of the opponent as if the application and the specification had been filed by the opponent on the date on which they were actually filed ; (b) the Controller finds that a part of an invention described in the complete specification was so obtained from the opponent and passes an order requiring that the specification be amended by the exclusion of that part of the invention, the opponent may, subject to the provisions of

sub-section (2) , file an application in accordance with the provisions of this Act accompanied by a complete specification for the grant of a patent for the invention so excluded from the applicant's specification, and the Controller may treat such application and specification as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the earlier applicant, but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this Act.

(2) Where an opponent has, before the date of the order of the Controller requiring the amendment of a complete specification

referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which includes the whole or a part of the invention held to have been obtained from him and such application is pending, the Controller may treat such application and specification in so for as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the earlier applicant, but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this Act. 52

Refusal of patent without opposition. 27.Refusal of patent without opposition. If at any time after the acceptance of the complete specification filed in pursuance of an application for a patent and before the grant of a patent thereon it comes to the notice of the Controller otherwise than in consequence of proceedings in opposition to the grant under section 25, that the invention, so far as claimed in any claim of the complete specification, has been published before the priority date of the claim- (a) 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) in any other document in India or elsewhere, the Controller may refuse to grant the patent unless, within such time as may be prescribed, the complete specification is amended to his satisfaction: Provided that the Controller shall not refuse to grant the patent on the ground specified in clause (b) if such publication does not constitute an anticipation of the invention by virtue of sub-section

(2) or sub-section (3) of section 29.

Mention of inventor as such in patent.

28.Mention of inventor as such in patent. (1) If the Controller is satisfied, upon a request or claim made in accordance with the provisions of this section,- (a) that the person in respect of or by whom the request or claim is made is the inventor of an invention in respect of which application for a patent has been made, or of a substantial part of that invention; and (b) that the application for the patent is a direct consequence of his being the inventor, the Controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any patent granted in pursuance of the application in the complete specification and in the, register of patents: Provided that the mention of any person as inventor under this section shall not confer or derogate from any rights under the patent.

(2) A request that any person shall be mentioned as aforesaid may be made in the prescribed manner by the applicant for the patent or (where the person alleged to be the inventor is not the applicant or one of the applicants) by the applicant and that person.

(3) If any person [other than a person in respect of whom a request in relation to the application in question has been made under

sub-section (2)] desires to be mentioned as aforesaid, he may make a claim in the prescribed manner in that behalf. 53

(4) A request or claim under the foregoing provisions of this section shall be made not later than two months after the date of advertisement of acceptance of the complete specification or within such further period (not exceeding one month) as the Controller may, on an application made to him in that behalf before the expiration of the said period of two months and subject to the payment of the prescribed fee, allow.

(5) No request or claim under the foregoing provisions of this section shall be entertained if it appears to the Controller that the request or claim is based upon facts which, if proved in the case of

an opposition under the provisions of clause (a) of sub-section (1) of section 25 by the person in respect of or by whom the request or claim is made, would have entitled him to relief under that section.

(6) Subject to the provisions of sub-section (5), where a claim

is made under sub-section (3), the Controller shall give notice of the claim to every applicant for the patent (not being the claimant) and to any other person whom the Controller may consider to be interested; and, before deciding upon any request or claim made under sub-section

(2) or sub-section (3), the Controller shall, if required, hear the person in respect of or by whom the request or claim is made, and, In

the case of a claim under sub-section (3), any person to whom notice of the claim has been given as aforesaid.

(7) Where any person has been mentioned as inventor in pursuance of this section, anyother person who alleges that he ought not to have been so mentioned may at any time apply to the Controller for a certificate to that effect and the Controller may, after hearing, if required, any person whom he may consider to be interested, issue such a certificate, and if he does so, he shall rectify the specification and the register accordingly. CHAP ANTICIPATION CHAPTER VI ANTICIPATION

Anticipation by previous publication.

29. Anticipation by previous publication. (1) An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published in a specification filed in pursuance of an application for a patent made in India and dated before the 1st day of January, 1912.

(2) Subject as hereinafter provided, an invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published before the priority date of the relevant claim of the specification, if the patentee or the applicant for the patent proves- 54 (a) that the matter published was obtained, from him, or (where he is not himself the true and first inventor) from any person from whom he derives title, and was published without his consent or the consent of any such person; and (b) where the patentee or the applicant for the patent or any person from whom he derives title learned of the publication before the date of the application for the patent, or, in the case of a convention application, before the date of the application for protection in a convention country, that the application or the application in the convention country, as the case may be, was made as soon as reasonably practicable thereafter : Provided that this sub-section shall not apply if the invention was before the priority date of the claim commercially worked in India, otherwise than for the purpose of reasonable trial, either by the patentee or the applicant for the patent or any person from whom he derives title or by any other person with the consent of the patentee or the applicant for the patent or any person from whom he derives title.

(3) Where a complete specification is filed in pursuance of an application for a patent made by a person being the true and first inventor or deriving title from him, an invention claimed in that specification shall not be deemed to have been anticipated by reason only of any other application for a patent in respect of the same Invention made in contravention of the rights of that person or by reason only that after the date of filing of that other application the Invention was used or published, without the consent of that person, by the applicant in respect of that other application or by any other person in consequence of any disclosure of any invention by that applicant.

Anticipation by previous communication to Government. 30.Anticipation by previous communication to Government. An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the Government or to any person authorised by the Govern- ment to investigate the invention or its merits, or of anything done, in consequence of such a communication, for the purpose of the investigation.

Anticipation by public display,etc. 31.Anticipation by public display,etc. An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of- (a) the display of the invention with the consent of the true and first inventor or a person deriving title from him at an industrial or other exhibition to which the provisions of this section have been extended by the Central Government by notification in the Official Gazette, or the use thereof with his 55 consent for the purpose of such an exhibition in the place where it is held; or (b) the publication of any description of the invention in consequence of the display or use of the invention at any such exhibition as aforesaid; or (c) the use of the invention, after it has been displayed or used at any such exhibition as aforesaid and during the period of the exhibition, by any person without the consent of the true and first inventor or a person deriving title from him; or (d) the description of the invention in a paper read by the true and first inventor before a learned society or published with his consent in the transactions of such a society, if the application for the patent is made by the true and first inventor or a person deriving title from him not later than six months after the opening of the exhibition or the reading or publication of the paper, as the case may be.

Anticipation by public working. 32.Anticipation by public working. An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that at any time within one year before the priority date of the relevant claim of the specification, the invention was publicly worked in India- (a) by the patentee or applicant for the patent or any person from whom he derives title ; or (b) by any other person with the consent of the patentee or applicant for the patent or any person from whom he derives title, if the working was effected for the purpose of reasonable trial only and if it was reasonably necessary, having regard to the nature of the invention, that the working for that purpose should be effected in public.

Anticipation by use and publication after provisional specification. 33. Anticipation by use and publication after provisional

specification. (1) Where a complete specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a complete specification filed along with an application is treated by virtue of a direction under

sub-section (3) of section 9 as a provisional specification, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter described in the provisional specification or in the specification treated aforesaid as a provisional specification was used in India or published in India or elsewhere at any time after the date of the filing of that specification. 56

(2) Where a complete specification is filed in pursuance of a convention application, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter disclosed in any application for protection in a convention country upon which the convention application is founded was used in India or published in India or elsewhere at any time after the date of that application for protection.

No anticipation if circumstances are only as described in sections 29,30, 31 and 32. 34.No anticipation if circumstances are only as described in sections 29, 30, 31 and 32. Notwithstanding anything contained in this Act, the Controller shall not refuse to accept a complete specification for a patent or to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 29 or section 30 or section 31 or section 32, do not constitute an anticipation of the invention claimed in the specification. CHAP PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS CHAPTER VII PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS

Secrecy directions relating to inventions relevant for defencepurposes. 35.Secrecy directions relating to inventions relevant for defence

purposes. (1) Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information to any person or class of persons specified in the directions.

(2) Where the Controller gives any such directions as are

referred to in sub-section (1), he shall give notice of the application and of the directions to the Central Government, and the Central Government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the defence of India, and if upon such consideration, it appears to it that the publication of the invention would not So prejudice, give notice to the Controller to that effect, who shall thereupon revoke the directions and notify the applicant accordingly.

(3) Without prejudice to the provisions contained in sub-section

(1), where the Central Government is of opinion that an invention in respect of which the Controller has not given any directions under

sub-section (1), is relevant for defence purposes, it may at any time before acceptance of the complete specification notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention were one of the class notified by the Central Government, and accordingly the Controller shall give notice to the Central Government of the. directions issued by him. 57

Secrecy directions to be periodically reviewed.

36. Secrecy directions to be periodically reviewed. (1) The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be re-considered by the Central Government within nine months from the date of issue of such directions and thereafter at intervals not exceeding twelve months, and if, on such re-consideration it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India it shall forthwith give notice to the Controller accordingly and the Controller shall thereupon revoke the directions previously given by him.

(2) The result of every re-consideration under sub-section (1), shall be communicated to the applicant within such time and in such manner as may be prescribed.

Consequences of secrecy directions.

37. Consequences of secrecy directions. (1) So long as any directions under section 35 are in force in respect of an application- (a) the Controller shall not pass an order refusing to accept the same; and (b) notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect thereof: Provided that the application may, subject to the directions, proceed up to the stage of the acceptance of the complete specification, but the acceptance shall not be advertised nor the specification published, and no patent shall be granted in pursuance of the application.

(2) Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 is accepted during the continuance in force of the directions, then- (a) if, during the continuance in force of the directions, any use of the invention is made by or on behalf of, or to the order of the Government, the provisions of sections 100, 101 and 103 shall apply in relation to that use as if the patent had been granted for the invention ; and (b) if it appears to the Central Government that the applicant for the patent has suffered hardship by reason of the continuance in force of the directions, the Central Government may make to him such payment (if any) by way of solatium as appears to the Central Government to be reasonable having regard to the novelty and utility of the invention and the purpose for which it is designed, and to any other relevant circumstances. 58

(3) Where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force.

Revocation of secrecy directions and extension of time. 38.Revocation of secrecy directions and extension of time. When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application, whether or not that time has previously expired.

Residents not to apply for patents outside India without priorpermission. 39.Residents not to apply for patents outside India without prior

permission. (1) No person resident in India shall, except under the authority of a written permit granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless (a) an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and (b) either no directions have been given under sub-section

(1) of section 35 in relation to the application in India, or all such directions have been revoked.

(2) The Controller shall not grant written permission to any person to make any application outside India without the prior consent of the Central Government.

(3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.

Liability for contravention of section 35 or section 39. 40.Liability for contravention of section 35 or section 39. Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 or makes or causes to be made an application for the grant of a patent outside India in contravention of section 39, the application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section

Finality of orders of controller and Central Government. 41.Finality of orders of controller and Central Government. All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever 59

Savings respecting disclosure to Government. 42.Savings respecting disclosure to Government. Nothing in this Act shall be held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this Chapter should be made or whether an order so made should be revoked. CHAP GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY CHAPTER VIII GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY

43.Grant and sealing of patent. (1)Where a complete specification in pursuance of an application for a patent has been accepted and either- (a) the application has not been opposed under section 25 and the time for the filing of the opposition has expired; or (b) the application has been opposed and the opposition has been finally decided in favour of the applicant; or (c) the application has not been refused by the Controller by virtue of any power vested in him by this Act, the patent shall, on request made by the applicant in the prescribed form, be granted to the applicant or, in the case of a joint application, to the applicants jointly, and the Controller shall cause the patent to be sealed with the seal of the patent office and the date on which the patent is sealed shall be entered in the register.

(2) Subject to the provisions of sub-section (1) and of the provisions of this Act with respect to patents of addition, a request under this section for the sealing of a patent shall be made not later than the expiration of a period of six months from the date of advertisement of the acceptance of the complete specification: Provided that- (a) where at the expiration of the said six months any proceeding in relation to the application for the patent is pending before the Controller or the High Court, the request may be made within the prescribed period after the final determination of that proceeding; (b) where the applicant or one of the applicants has died before the expiration of the time within which under the provisions of this sub-section the request could otherwise be made, the said request may be made at any time within twelve months after the date of the death or at such later time as the Controller may allow. 60

(3) The period within which under sub-section (2) a request for the sealing of a patent may be made, may, from time to time, be extended by the Controller to such longer period as may be specified in an application made to him in that behalf, if the application is made and the prescribed fee paid within that longer period: Provided that the first mentioned period shall not be extended under this sub-section by more than three months in the aggregate. Explanation.-For the purposes of this section a proceeding shall be deemed to be pending so long as the time for any appeal therein (apart from any future extension of that time) has not expired, and a proceeding shall be deemed to be finally determined when the time for any appeal therein (apart from any such extension) has expired without the appeal being brought.

Amendment of patent granted to deceased applicant. 44.Amendment of patent granted to deceased applicant. Where, at any time after a patent has been sealed in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was sealed, the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly.

Date of patent.

45. Date of patent. (1)Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the complete specification was filed: Provided that a patent which is granted in pursuance of an application to which any directions issued under section 78C of the Indian Patents and Designs Act, 1911 (2 of 1911) applied immediately before the commencement of this Act, shall be dated as of the date of the filing of the complete specification or the date of such commencement whichever is later.

(2) The date of every patent shall be entered in the register.

(3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before the date of advertisement of the acceptance of the complete specification.

Form, extent and effect of patent.

46. Form, extent and effect of patent. (1)Every patent shall be in the prescribed form and shall have effect throughout India. 61

(2) A patent shall be granted for one invention only: Provided that it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention.

Grant of patents to be subject to certain conditions. 47.Grant of patents to be subject to certain conditions. The grant of a patent under this Act shall be subject to the condition that-

(1) any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the Government for the purpose merely of its own use;

(2) any process in respect of which the patent is granted may be used by or on behalf of the Government for the purpose merely of its own use;

(3) any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils; and

(4) in the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette.

Rights of patentees.

48. Rights of patentees. (1) Subject to the other provisions contained in this Act, a patent granted before the commencement of this Act, shall confer on the patentee the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute the invention in India.

(2) Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted after the commencement of this Act shall confer upon the patentee (a) where the patent is for an article or substance, the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute such article or substance in India; 62 (b) where a patent is for a method or process of manufacturing an article or substance, the exclusive right by himself, his agents or licensees to use or exercise the method or process in India.

Patent rights not infringed when used on foreign vessels, etc.,temporarily or accidentally in India. 49. Patent rights not infringed when used on foreign vessels,

etc., temporarily or accidentally in India. (1) Where 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 (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention- (a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or (b) in the construction or working of the aircraft or land vehicle or of the accessories thereof, as the case may be.

(2) This section shall not extend to vessels, aircraft or land vehicles owned by person ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts.

Rights of co-owners of patents.

50. Rights of co-owners of patents. (1)Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent.

(2) Subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to make, use, exercise and sell the patented invention for his own benefit without accounting to the other person or persons.

(3) Subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under the patent shall not be granted and a share in the patent shall not be assigned by one of such persons except with the consent of the other person or persons. 63

(4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee.

(5) Subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing

contained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such.

(6) Nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this Act.

Power of Controller to give directions to co-owners.

51 Power of Controller to give directions to co-owners. (1)Where two or more persons are registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 50 in relation thereto, as he thinks fit.

(2) If any person registered as grantee or proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Controller may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default.

(3) Before giving any directions in pursuance of an application under this section, the Controller shall give an opportunity to be heard-

(a) in the case of an application under sub-section (1), to the other person or persons registered as grantee or proprietor of the patent;

(b) in the case of an application under sub-section (2), to the person in default.

(4) No direction shall be given under this section so as to affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent. 64

Grant of patent to true and first invention where it has been obtainedby another in fraud of him. 52. Grant of patent to true and first invention where it has

been obtained by another in fraud of him. (1) Where a patent has been revoked on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claimss, or, where in a petition for revocation, the court, instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the court may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the court finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment.

(2) Where any such order is passed, the Controller shall, on request by the petitioner made in the prescribed manner grant to him- (i) in cases where the court permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked ; (ii) in cases where the court permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed: Provided that the Controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the Controller describing and claiming that part of the invention for which the patent is to be granted.

(3) No suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted.

Term of patent.

53. Term of patent. (1)Subject to the provisions of this Act, the term of every patent granted under this Act shall- (a) in respect of an invention claiming the method or process of manufacture of a substance, where the substance is intended for use, or is capable of being used, as food or as a medicine or drug, be five years from the date of sealing of the patent, or seven years from the date of the patent whichever period is shorter; and (b) in respect of any other invention, be fourteen years from the date of the patent.

(2) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the 65 payment of any renewal fee, if that fee is not paid within the prescribed period or within that period as extended under this section.

(3) The period prescribed for the payment of any renewal fee shall be extended to such period, not being more than six months longer than the prescribed period as may be specified in a request, made to the Controller if the request is made and the renewal fee and the prescribed additional fee paid before the expiration of the period so specified. CHAP PATENTS OF ADDITION CHAPTER IX PATENTS OF ADDITION

Patents of addition.

54. Patents of addition. (1)Subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in or a modification of an invention described or disclosed in the complete specification filed therefore (in this Act referred to as the "main invention") and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition.

(2) Subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an 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 may, if the patentee so requests, by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked.

(3) A patent shall not be granted as a patent of addition unless the date of filing of the complete specification was the same as or later than the date of filing of the complete specification in respect of the main invention.

(4) A patent of addition shall not be sealed before the sealing of the patent for the main invention; and if the period within which, but for the provisions of this sub-section, a request for the sealing of a patent of addition could be made under section 43 expires before the period within which a request for the sealing of the patent for the main invention may be so made, the request for the sealing of the patent of addition may be made at any time within the last mentioned period.

Term of patents of addition.

55. Term of patents of addition. (1)A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not 66 expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer: Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent accordingly.

(2) No renewal fees shall be payable in respect of a patent of addition, but, if any such patent becomes an independent patent under

sub-section (1), the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent.

Validity of patents of addition.

56. Validity of patents of addition. (1)The grant of a patent of addition shall not be refused, and a patent granted as a patent of addition shall not be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to any publication or use of- (a) the main invention described in the complete specification relating thereto; or (b) any improvement in or modification of the main invention described in the complete specification of a patent of addition to the patent for the main invention or of an application for such a patent of addition, and the validity of a patent of addition shall not be questioned on the ground that the invention ought to have been the subject of an independent patent.

(2) For the removal of doubts it is hereby declared that in determining the novelty of the invention claimed in the complete specification filed in pursuance of an application for a patent of addition regard shall be had also to the complete specification in which the main invention is described. CHAP AMENDMENT OF APPLICATIONS AND SPECIFICATIONS CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS

Amendment of application and specification before Controller. 57. Amendment of application and specification before

Controller. (1)Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the 67 patent or the complete specification to be amended subject to such conditions, if any, as the Controller thinks fit : Provided that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the application to amend.

(2) Every application for leave to amend an application for a patent or a specification under this section shall state the nature of the proposed amendment, and shall give full particulars of the reasons for which the application is made.

(3) Every application for leave to amend an application for a patent or a specification under this section made after the acceptance of the complete specification and the nature of the proposed amendment shall be advertised in the prescribed manner.

(4) Where an application is advertised under sub-section (3), any person interested may, within the prescribed period after the advertisement thereof, give notice to the Controller of opposition thereto; and where such a notice is given within the period aforesaid, the Controller shall notify the person by whom the application under this section is made and shall give to that person and to the opponent an opportunity to be heard before he decides the case.

(5) An amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim.

(6) The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification to comply with the directions of the Controller issued before the acceptance of the complete specification or in the course of proceedings in opposition to the grant of a patent.

Amendment of specification before High Court.

58. Amendment of specification before High Court. (1) In any proceeding before the High Court for the revocation of a patent, the High Court may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the high Court may think fit, and if in any proceedings for revocation the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent.

(2) Where an application for an order under this section is made to the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the High Court. 68

(3) Copies of all orders of the High Court allowing the patentee to amend the specification shall be transmitted by the High Court to the Controller who shall on receipt thereof cause an entry thereof and reference thereto to be made in the register.

Supplementary provisions as to amendment of application orspecification. 59. Supplementary provisions as to amendment of application or

specification. (1) No amendment of an application for a patent or a complete specification shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of correcting an obvious mistake, and no amendment of a complete specification shall be allowed the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment.

(2) Where after the date of advertisement of acceptance of a complete specification, any amendment of the specification is allowed by the Controller or by the High Court,- (a) the amendment shall for all purposes be deemed to form part of the specification; (b) the fact that the specification has been amended shall be advertised in the Official Gazette; and (c) the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud.

(3) In construing the specification as amended, reference may be made to the specification as originally accepted. CHAP RESTORATION OF LAPSED PATENTS CHAPTER XI RESTORATION OF LAPSED PATENTS

Applications for restoration of lapsed patents.

60. Applications for restoration of lapsed patents. (1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the prescribed period or within that period as

extended under sub-section (3) of section 53, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within one year from the date on which the patent ceased to have effect, make an application for the restoration of the patent.

(2) The provisions of sub-section (1) shall also apply to patents granted before the commencement of this Act, subject to the modification that for the reference to the prescribed period or to

sub-section (3) of section 53, there shall be substituted a reference to the period 69 prescribed therefore under the Indian Patents and Designs Act, 1911 (2

of 1911.) or to sub-section (2) of section 14 of that Act.

(3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.

Procedure for disposal of applications for restoration of lapsedpatents. 61. Procedure for disposal of applications for restoration of

lapsed patents. (1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, he shall advertise the application in the prescribed manner; and within the prescribed period any person interested may give notice to the Controller of opposition thereto on either or both of the following grounds, that is to say,- (a) that the failure to pay the renewal fee was not unintentional; or (b) that there has been undue delay in the making of the application.

(2)If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

(3) If no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent.

(4) The Controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of this Act, has to be entered in the register but which has not been so entered.

Rights of patentees of lapsed patents which have been restored. 62. Rights of patentees of lapsed patents which have been

restored. (1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the advertisement of the application for restoration of the patent under this Chapter. 70

(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the date of the advertisement of the application for restoration of the patent. CHAP SURRENDER AND REVOCATION OF PATENTS CHAPTER XII SURRENDER AND REVOCATION OF PATENTS

Surrender of patents.

63. Surrender of patents. (1)A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent.

(2) Where such an offer is made, the Controller shall advertise the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent.

(3) Any person interested may, within the prescribed period after such advertisement, give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.

(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order, revoke the patent.

Revocation of patents.

64. Revocation of patents. (1)Subject to the provisions contained in this Act, a patent, whether granted before or after the commencement of this Act, may on the petition of any person interested or of the Central Government or on a counter-claim in a suit for infringement of the patent, be revoked by the High Court on any of the following grounds, that is to say (a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India; (b) that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefore: Provided that a patent granted under the Indian Patents and Designs Act, 1911 (2 of 1911.)shall not be revoked on the ground that the applicant was the communicate or the importer of the invention in India and therefore not entitled to make an application for the grant of a patent under this Act ; (c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims; 71 (d) that the subject of any claim of the complete specification is not an invention within the meaning of this Act; (e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the priority date of the claim or to what was published in India or elsewhere in any of the documents referred to in section 13: Provided that in relation to patents granted under the Indian Patents and Designs Act, 1911, (2 of 1911.) this clause shall have effect as if the words "or elsewhere" had been omitted; (f) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim: Provided that in relation to patents granted under the Indian Patents and Designs Act, 1911, (2 of 1911) this clause shall have effect as if the words "or elsewhere" had been omitted; (g) that the invention, so far as claimed in any claim of the complete specification, is not useful; (h) that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in India possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim protection ; (i) that the scope of any claim of the complete specification is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification; (j) that the patent was obtained on a false suggestion or representation; (k) that the subject of any claim of the complete specification is not patentable under this Act; 72 (l) that the invention so far as claimed in any claim of the complete specification was secretly used in India,

otherwise than as mentioned in sub-section (3), before the priority date of the claim; (m) that the applicant for the patent has failed to disclose to the Controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge; (n) that the applicant contravened any direction for secrecy passed under section 35 or made or caused to be made an application for the grant of a patent outside India in contravention of section 39; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud.

(2) For the purposes of clauses (e) and (f) of sub-section (1)- (a) no account shall be taken of secret use; and (b) where the patent is or a process or for a product as made by a process described or claimed, the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only.

(3) For the purpose of clause (l) of sub-section (1), no account shall be taken of any use of the invention- (a) for the purpose of reasonable trial or experiment only; or (b) by the Government or by any person authorised by the Government or by a Government undertaking, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly to the Government or person authorised as aforesaid or to the Government undertaking; or (c) by any other person, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title.

(4) Without prejudice to the provisions contained in sub-section

(1), a patent may be revoked by the High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the 73 Central Government to make, use or exercise the patented invention for the purposes of Government within the meaning of section 99 upon rea- sonable terms.

(5) A notice of any petition for revocation of a patent under this section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein and it shall not be necessary to serve a notice on any other person.

Revocation of patent or amendment of complete specification ondirections from Central Government in cases relating to atomic energy. 65. Revocation of patent or amendment of complete specification on directions from Central Government in cases relating to atomic

energy. (1) Where at any time after acceptance of a complete specification, the Central Government is satisfied that an application for a patent or a patent is for an invention relating to atomic energy

for which no patent can be granted under sub-section (1) of section 20 of the Atomic Energy Act, 1962, (33 of 1962.) it may direct the Controller to refuse to proceed further with the application or to revoke the patent, as the case may be, and thereupon the Controller, after giving notice to the applicant or, as the case may be, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may refuse to proceed further with the application or may revoke the patent.

(2) In any proceedings under sub-section (1), the Controller may allow the applicant for the patent or the patentee to amend the com- plete specification in such manner as he considers necessary instead of refusing to proceed with the application or revoking the patent.

Revocation of patent in public interest. 66.Revocation of patent in public interest. Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked. CHAP REGISTER OF PATENTS CHAPTER XIII REGISTER OF PATENTS

Register of patents and particulars to be entered therein. 67. Register of patents and particulars to be entered therein.

(1) There shall be kept at the patent office a register of patents, wherein shall be entered- (a) the names and addresses of grantees of patents; (b) notifications of assignments and of transmissions of patents of licences under patents, and of amendments, extensions, an revocations of patents; and (c) particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed. 74

(2) No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice.

(3) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller.

(4) For the removal of doubts, it is hereby declared that the register of patents existing at the commencement of this Act shall be incorporated in, and form part of, the register under this Act.

Assignments, etc., not to be valid unless in writing and registered. 68.Assignments, etc., not to be valid unless in writing and registered. An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and the application for registration of such document is filed in the prescribed manner with the Controller within six months from the commencement of this Act or the execution of the document, whichever is later or within such further period not exceeding six months in the aggregate as the Controller on application made in the prescribed manner allows: Provided that the document shall, when registered, have effect from the date of its execution.

Registration of assignments transmissions, etc.

69. Registration of assignments transmissions, etc. (1)Where any person becomes entitled by assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a mortgagee, licensee or otherwise to any other interest in a patent, he shall apply in writing in the prescribed manner to the Controller for the registration of his title or, as the case may be, of notice of his interest in the register.

(2) Without prejudice to the provisions of sub-section (1), an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be.

(3) Where an application is made under this section for the registration of the title of any person the Controller shall, upon proof of title to his satisfaction,- (a) where that person is entitled to a patent or a share in a patent register him in the register as proprietor or co-proprietor of 75 the patent, and enter in the register particulars of the instrument or event by which he derives title ; or (b) where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with particulars of the instrument, if any, creating it: Provided that if there is any dispute between the parties whether the assignment, mortgage, licence, transmission, operation of law or any other such transaction has validly vested in such person a title to the patent or any share or interest therein, the Controller may refuse to take any action under clause (a) or, as the case may be, under clause (b), until the rights of the parties have been determined by a competent court.

(4) There shall be supplied to the Controller in the prescribed manner for being filed in the patent office copies of all agreements, licences and other documents affecting the title to any patent or any licence thereunder authenticated in the prescribed manner and also such other documents as may be prescribed relevant to the subject- matter: Provided that in the case of a licence granted under a patent, the Controller shall, if so requested by the patentee or licensee, take steps for securing that the terms of the licence are not disclosed to any person except under the order of a court.

(5) Except for the purposes of an application under sub-section

(1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-

section (3) shall not be admitted by the Controller or by any court as evidence of the title of any person to a patent or to a share or interest therein unless the Controller or the court, for reasons to be recorded in writing, otherwise directs.

Power of registered grantee or proprietor to deal with patent. 70.Power of registered grantee or proprietor to deal with patent. Subject to the provisions contained in this Act relating to co- ownership of patents and subject also to any rights vested in any other person of which notice is entered in the register, the person or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, licence or dealing: Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property.

Rectification of register by High Court.

71. Rectification of register by High Court. (1)The High Court may, on the application of any person aggrieved- (a) by the absence or omission from the register of any entry; or 76 (b) by any entry made in the register without sufficient cause; or (c) by any entry wrongly remaining on the register; or (d) by any error or defect in any entry in the register, make such order for the making, variation or deletion, of any entry therein as it may think fit.

(2) In any proceeding under this section the High Court may decide any question that may be necessary or expedient to decide in connection with the rectification of the register.

(3) Notice of any application to the High Court under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the court.

(4) Any order of the High Court under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.

Register to be open for inspection.

72. Register to be open for inspection. (1) Subject to the provisions contained in this Act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee.

(2) The register shall be prima facie evidence of any matters required or authorised by or under this Act to be entered therein. CHAP PATENT OFFICE AND ITS ESTABLISHMENT CHAPTER XIV PATENT OFFICE AND ITS ESTABLISHMENT

Controller and other officers.

73. Controller and other officers. (1) The Controller General of

Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958, (43 of 1958.) shall be the Controller of Patents for the purposes of this Act.

(2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit.

(3) Subject to the provisions of this Act, the officers

appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he 77 may, from time to time by general or special order in writing, authorise them to discharge.

(4) Without prejudice to the generality of the provisions of

sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an

officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or

transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.

Patent office and its branches.

74. Patent office and its branches. (1) For the purposes of this Act, there shall be an office which shall be known as the patent office.

(2) The patent office provided by the Central Government under the Indian Patents and Designs Act, 1911, (2 of 1911.) shall be the patent office under this Act.

(3) The head office of the patent office shall be at such place as the Central Government may specify, and for the purpose of facilitating the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office.

(4) There shall be a seal of the patent office.

Restriction on employees of patent office as to right or interest inpatents. 75.Restriction on employees of patent office as to right or interest in patents. All officers and employees of the patent office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office.

Officers and employees not to furnish information, etc. 76. Officers and employees not to furnish information, etc. An officer or employee in the patent office shall not, except when required or authorised by this Act or under a direction in writing of the Central Government or the Controller or by order of a court,- (a) furnish information on a matter which is being, or has been dealt with under this Act or under the Indian Patents and Designs Act, 1911; (2 of 1911.) or (b) prepare or assist in the preparation of a document required or permitted by or under this Act or under the Indian Patents and Designs Act, 1911, (2 of 1911.) to be lodged in the patent office; or (c) conduct a search in the records of the patent office. 78 CHAP POWERS OF CONTROLLER GENERALLY CHAPTER XV POWERS OF CONTROLLER GENERALLY

Controller to have certain powers of a civil court. 77. Controller to have certain powers of a civil court.

(1)Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court while trying a suit under the Code of Civil Procedure,1908, (5 of 1908.) in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) awarding costs; (f) reviewing his own decision on application made within the prescribed time and in the prescribed manner; (g) setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner; (h) any other matter which may be prescribed.

(2) Any order for costs awarded by the Controller in exercise of

the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court.

Power of Controller to correct clerical errors, etc.

78. Power of Controller to correct clerical errors, etc. (1)Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register.

(2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request.

(3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction. 79

(4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the Controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without notice to persons affected thereby, he shall require notice of the nature of the proposed correction to be advertised in the prescribed manner.

(5) Within the prescribed time after any such advertisement as aforesaid any person interested may give notice to the Controller of opposition to the request, and, where such notice of opposition is given, the Controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

Evidence how to be given and powers of Controller in respect thereof. 79. Evidence how to be given and powers of Controller in respect thereof. Subject to any rules made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of directions by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence by affidavit, or may allow any party to be cross-examined on the contents of his affidavit.

Exercise of discretionary powers by Controller. 80.Exercise of discretionary powers by Controller. Without prejudice to any provision contained in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such party an opportunity to be heard, the Controller shall give to any applicant for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Controller by or under this Act.

Disposal by controller of applications for extension of time. 81.Disposal by controller of applications for extension of time. Where under the provisions of this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension. CHAP WORKING OF PATENTS, COMPULSORY LICENCES OF RIGHT AND REVOCATION CHAPTER XVI WORKING OF PATENTS, COMPULSORY LICENCES, LICENCES OF RIGHT AND REVOCATION

Definitions of "patented articles" and "patentee." 82.Definitions of "patented articles" and "patentee." In this Chapter, unless the context otherwise requires,- (a) "patented article" includes any article made by a patented process; and 80 (b) "Patentee" includes an exclusive licensee.

General principles applicable to working of patented inventions. 83.General principles applicable to working of patented inventions. Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be had to the following general considerations, namely,- (a) that patents are granted to encourage inventions and to secure that the inventions are worked in India on a commercial scale and to the fullest extent that is reasonably practicable without undue delay; and (b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation of the patented article.

Compulsory licences.

84. Compulsory licences. (1)At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the Controller alleging that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price and praying for the grant of a compulsory licence to work the patented invention.

(2) An application under this section may be made by any person notwithstanding that he is already the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not available to the public at a reasonable price by reason of any admission made by him, whether in such licence or otherwise or by reason of his having accepted such a licence.

(3) Every application under sub-section (1) shall contain a statement setting out the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based.

(4) In considering the application filed under this section the Controller shall take into account the matters set out in section 85.

(5) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may order the patentee to grant a licence upon such terms as he may deem fit.

(6) Where the Controller directs the patentee to grant a licence he may as incidental thereto exercise the powers set out in section

81

Matters to be taken into account in granting compulsory licences. 85.Matters to be taken into account in granting compulsory licences. In determining whether or not to make an order in pursuance of an application filed under section 84, the Controller shall take into account,- (i) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; (ii) the ability or the applicant, to work the invention to the public advantage; (iii) the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted, but shall not be required to take into account matters subsequent to the making of the application.

Endorsement of patent with the words "Licences of right". 86. Endorsement of patent with the words "Licences of right".

(1) At any time afte r the expiration of three years from the date of the sealing of a patent, the Central Government may make an application to the Controller for an order that the patent may be endorsed with the words "Licences of right" on the ground that the reasonable re- quirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price.

(2) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may make an order that the patent be endorsed with the words "Licences of right".

(3) Where a patent of addition is in force, any application made under this section for an endorsement either of the original patent or of the patent of addition shall be treated as an application for the endorsement of both patents, and where a patent of addition is granted in respect of a patent which is already endorsed under this section, the patent of addition shall also be so endorsed.

(4) All endorsements of patents made under this section shall be entered in the register and published in the Official Gazette and in such other manner as the Controller thinks desirable for bringing the endorsement to the notice of manufacturers.

Certain patents deemed to be endorsed with the words "Licences ofright". 87. Certain patents deemed to be endorsed with the words

"Licences of right". (1) Notwithstanding anything contained in this Act,- (a) every patent in force at the commencement of this Act in respect of inventions relating to- (i)substances used or capable of being used as food or as medicine or drug; 82 (ii) the methods or processes for the manufacture or production of any such substance as is referred to in sub-clause (i) ; (iii) the methods or processes for manufacture or pro- duction of chemical substances (including alloys, optical glass, semi-conductors and inter-metallic compounds). shall be deemed to be endorsed with the words "Licences of right" from the commencement of this Act or from the expiration of three years from the date of sealing of the patent under the Indian Patents and Designs Act, 1911, (2 of 1911.) whichever is later; and (b) every patent granted after the commencement of this Act in respect of any such invention as is referred to in section 5 shall be deemed to be endorsed with the words "Licences of right" from the date of expiration of three years from the date of sealing of the patent.

(2) In respect of every patent which is deemed to be endorsed with the words "Licences of right" under this section, the provisions of section 88 shall apply.

Effect on endorsement of patent with the words "Licences of right". 88. Effect on endorsement of patent with the words "Licences of

right". (1) Where a patent has been endorsed with the words "Licences of right", any person who is interested in working the patented invention in India may require the patentee to grant him a licence for the purpose on such terms as may be mutually agreed upon, notwithstanding that he is already the holder of a licence under the patent.

(2) If the parties are unable to agree on the terms of the licence, either of them may apply in the prescribed manner to the Controller to settle the terms thereof.

(3) The Controller shall, after giving notice to the parties and hearing them and after making such enquiry as he may deem fit, decide the terms on which the licence shall be granted by the patentee.

(4) The Controller may at any time before the terms of the licence are mutually agreed upon or decided by the Controller, on application made to him in this behalf by any person who has made any

such requisition as is referred to in sub-section (1), permit him to work the patented invention on such terms as the Controller may, pending agreement between the parties or decision by the Controller, think fit to impose.

(5) In the case of every patent in respect of an invention referred to in sub-clause (i), or sub-clause (ii), of clause (a) of

sub-section (1) of 83 section 87 and deemed to be endorsed with the words "Licences of right" under clause (a) or clause (b) of that sub-section, the royalty and other remuneration reserved to the patentee under a licence granted to any person after such commencement shall in no case exceed four per cent of the net ex-factory sale price in bulk of the patented article (exclusive of taxes levied under any law for the time being in force and any commissions payable) determined in such manner as may be prescribed.

(6) Save as otherwise provided in sub-section (5), the provisions

of sub-sections (1), (2), (4) and (5) of section 93 (regarding the powers of the Controller) and of sections 94 and 95 shall apply to licences granted under this section as they apply to licences granted under section 84.

Revocation of patents by the Controller for non-working. 89. Revocation of patents by the Controller for non-working.

(1)Where, in respect of a patent, a compulsory licence has been granted or the endorsement "Licences of right" has been made or is deemed to have been made, the Central Government or any person interested may, after the expiration of two years from the date of the order granting the first compulsory licence or, as the case may be, the date of the grant of the first licence under section 88, apply to the Controller for an order revoking the patent on the ground that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price.

(2) Every application under sub-section (1) shall contain such particulars as may be prescribed and the facts upon-which the application is based and, in the case of an application other than by the Central Government shall also set out the nature of the applicant's interest.

(3) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may make an order revoking the patent.

(4) Every application under sub-section (1) shall ordinarily be decided within one year of its being presented to the Controller.

When reasonable requirements of the Public deemed not satisfied. 90.When reasonable requirements of the Public deemed not satisfied. For the purposes of sections 84, 86 and 89, the reasonable requirements of the public shall be deemed not to have been satisfied- (a) if by reason of the default of the patentee to manufacture in India to an adequate extent and supply on reasonable terms the patented article or a part of the patented article which is necessary for its efficient working or if, by reason of the refusal 84 of the patentee to grant a licence or licences on reasonable terms,- (i) an existing trade or industry or the development thereof or the establishment of any new trade or industry in India or the trade or industry of any person or classes of persons trading or manufacturing in India is prejudiced; or (ii) the demand for the patented article is not being met to an adequate extent or on reasonable terms from manufacturer in India; or (iii) a market for the export of the patented article manufactured in India is not being supplied or developed; or (iv) the establishment or development of commercial acti- vities in India is prejudiced; or (b) if, by reason of conditions imposed by the patentee (whether before or after the commencement of this Act) upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of materials not protected by the patent, or the establishment or development of any trade or industry in India, is preju- diced; or (c) if the patented invention is not being worked in India on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable; or (d) if the demand for the patented article in India is being met to a substantial extent by importation from abroad by-- (i) the patentee or persons claiming under him; or (ii) persons directly or indirectly purchasing from him; or (iii) other persons against whom the patentee is not tak- ing or has not taken proceedings for infringement; or (e) if the working of the patented invitation in India on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by the patentee or the other persons referred to in the preceding clause.

Power of Controller to adjourn applications for compulsory licences,etc., in certain cases. 91. Power of Controller to adjourn applications for compulsory

licences, etc., in certain cases. (1) Where an application under section 84, section 86 or section 89, as the case may be, is made on the ground mentioned in clause (c) of 85 Section 90 and the Controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked: Provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any State or Central Act or any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of a condition for the working of the invention in India or for the disposal of the patented articles or of the articles made by the process or by the use of the patented plant, machinery, or apparatus, then, the period of adjournment ordered under this sub-section shall be reckoned from the date on which the period during which the working of the invention was prevented by such Act, rule or regulation or order of Government as computed from the date of the application, expires.

(2) No adjournment under sub-section (1) shall be ordered unless the Controller is satisfied that the patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in India on a commercial scale and to an adequate extent.

Procedure for dealing with applications under sections 84, 86 and 89. 92. Procedure for dealing with applications under sections 84,

86 and 89. (1)Where the Controller is satisfied, upon consideration of an application under section 84, section 86 or section 89, that a prima facie case has been made out for the making of an order, he shall direct the applecant to serve copies of the application upon the patentee and any other person appearing from the register to be interested in the patent in respect of which the application is made, and shall advertise the application in the Official Gazette.

(2) The patentee or any other person desiring to oppose the application may, within such time is may be prescribed or within such further time as the Controller may on application (made either before or after the expiration of the prescribed time) allow, give to the Controller notice of opposition.

(3) Any such notice of opposition shall contain a statement setting out the grounds on which the application is opposed. 86

(4) Where any such notice of opposition is duly given, the Controller shall notify the applicant, and shall give to the applicant and the opponent an opportunity to be heard before deciding the case.

Powers of Controller in granting compulsory licences.

93. Powers of Controller in granting compulsory licences. (1)Where the Controller is satisfied on application made under section 84 that the manufacture, use or sale of materials not protected by the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under the patent, or upon the purchase, hire or use of the patented article or process, he may, subject to the provisions of that section, order the grant of licences under the patent to such customers of the applicant as he thinks fit as well as to the applicant.

(2) Where an application under section 84 is made by a person being the holder of a licence under the patent, the Controller may, if he makes an order for the grant of a licence to the applicant, order the existing licence to be cancelled, or may, if he thinks fit, instead of making an order for the grant of a licence to the applicant, order the existing licence to be amended.

(3) Where on an application made under section 84, the Controller orders the grant of a licence, he may, for reasons to be recorded in writing, direct that the licence shall operate- (a) to deprive the patentee of any right which he may have as patentee to make, use, exercise or vend the invention or to grant licences under the patent; (b) to revoke all existing licences in respect of the invention.

(4) Where two or more patents are held by the same patentee and an applicant for a compulsory licence establishes that the reasonable requirements of the public have not been satisfied with respect to some only of the said patents, then, if the Controller is satisfied that the applicant can.not efficiently or satisfactorily work the licence granted to him under those patents without infringing the other patents held by the patentee, he may, by order, direct the grant of a licence in respect of the other patents also to enable the licensee to work the patent or patents in regard to which a licence is granted under section 84.

(5) Where the terms and conditions of a licence have been settled by the Controller, the licensee may, at any time after he has worked the invention on a commercial scale for a period of not less than twelve months, make an application to the Controller for the revision of the terms and conditions on the ground that the terms and conditions settled have proved to be more onerous than originally expected and that in consequence thereof the licensee is unable to work the invention except at a loss : 87 Provided that no such application shall be entertained a second time.

General purposes for granting compulsory licences. 94.General purposes for granting compulsory licences. The powers of the Controller upon an application made under section 84 shall be exercised with a view to securing the following general purposes, that is to say,- (a) that patented inventions are worked on a commercial scale in India without undue delay and to the fullest extent that is reasonably practicable; (b) that the interests of any person for the time being working or developing an invention in India under the protection of a patent are not unfairly prejudiced.

Terms and conditions of compulsory licences.

95. Terms and conditions of compulsory licences. (1) In settling the terms and conditions of a licence under section 84, the Controller shall endeavour to secure- (i) that the royalty and other remuneration, if any, reserved to the patentee or other person beneficially entitled to the patent, is reasonable, having regard to the nature of the invention, the expenditure incurred by the patentee in making the invention or in developing it and obtaining a patent and keeping it in force and other relevant factors; (ii) that the patented invention is worked to the fullest extent by the person to whom the licence is granted and with reasonable profit to him; (iii) that the patented articles are made available to the public at reasonable prices.

(2) No licence granted by the Controller shall authorise the licensee to import the patented article or an article or substance made by a patented process from abroad where such important would, but for such authorisation, constitute an infringement of the rights of the patentee.

(3) Notwithstanding anything contained in sub-section (2), the Central Government may, if in its opinion it is necessary so to do in the public interest, direct the Controller at any time to authorise any licensee in respect of a patent to import the patented article or an article or substance made by a patented process from abroad (subject to such conditions as it considers necessary to impose relating among other matters to the royalty and other remuneration, if any, payable to the patentee, the quantum of import, the sale price of the imported article, and the period of importation), and thereupon the Controller shall give effect to the directions. 88

Licensing of related patents.

96. Licensing of related patents. (1) Notwithstanding anything contained in the other provisions of this Chapter, at any time after the sealing of a patent, any person who has the right to work any other patented invention either as patentee or as licensee thereof, exclusive or otherwise, may apply to the Controller for the grant of a licence of the first mentioned patent on the ground that he is prevented or hindered without such licence from working the other invention efficiently or to the best advantage possible.

(2) No order under sub-section (1) shall be made unless the Controller is satisfied- (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; and (ii) that the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in India.

(3) When the Controller is satisfied that the conditions

mentioned in sub-section (1) have been established by the applicant, he may make an order on such terms as he thinks fit granting a licence under the first mentioned patent and a similar order under the other patent if so requested by the proprietor of the first mentioned patent or his licensee.

(4) The provisions of sections 92 and 110 shall apply to licences granted under this section as they apply to licences granted under section 84.

Special provision for compulsory licences on notification by CentralGovernment. 97. Special provision for compulsory licences on notification

by Central Government. (1)If the Central Government is satisfied in respect of any patent or class of patents in force that it is necessary or expedient in the public interest that compulsory licences should be granted at any time after the sealing thereof to work the invention or inventions, it may make a declaration to that effect in the Official Gazette, and thereupon the following provisions shall have effect, that is to say- (i) the Controller shall on application made at any time after the notification by any person interested grant to the applicant a licence under the patent on such terms as he thinks fit; (ii) in settling the terms of a licence granted under this section, the Controller shall endeavour to secure that the articles manufactured under the patent shall be available to the 89 public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights.

(2) The provisions of sections 92, 93, 94 and 95 shall apply in relation to the grant of licences under this section as they apply in relation to the grant of licences under section 84.

Order for licence to operate as a deed between parties concerned. 98.Order for licence to operate as a deed between parties concerned. Any order for the grant of a licence under this Chapter shall operate as if it were a deed granting a licence executed, by the patentee and all other necessary parties embodying the terms and conditions, if any, settled by the Controller. CHAP USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OFINVENTIONS BY CENTRAL GOVERNMENT CHAPTER XVII USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT

Meaning of use of invention for purposes of Government.

99.Meaning of use of invention for purposes of Government. (1)For the purposes of this Chapter, an invention is said to be used for the purposes of Government if it is made, used, exercised or vended for the purposes of the Central Government, a State Government or a Government undertaking.

(2) Without prejudice to the generality of the provisions of

sub-section (1),- (a) the importation, by or on behalf of the Government, of any invention being a machine, apparatus or other article covered by a patent granted before the commencement of this Act, for the purpose merely of its own use; and (b) the importation, by or on behalf of the Government, of any invention being a medicine or drug covered by a patent granted before the commencement of this Act- (i) for the purpose merely of its own use; or (ii) for the purpose of distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or in any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service which such other dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette, shall also be deemed, for the purposes of this Chapter,to be use of such invention for the purposes of Government. 90

(3) Nothing contained in this Chapter shall apply in respect of any such importation making or using of any machine, apparatus or other article or of any such using of any process or of any such importation, using or distribution of any medicine or drug, as may be made by virtue of one or more of the conditions specified in section

Power of Central Government to use inventions for purposes ofGovernment. 100. Power of Central Government to use inventions for purposes

of Government. (1) Notwithstanding anything contained in this Act, at any time after an application for a patent has been filed at the patent office or a patent has been granted, the Central Government and any person authorised in writing by it, may use the invention for the purposes of Government in accordance with the provisions of this Chapter.

(2) Where an invention has, before the priority date of the relevant claim of the complete specification, been duly recorded in a document, or tested or tried, by or on behalf of the Government or a Government undertaking, otherwise than in consequence of the communication of the invention directly or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the Central Government or any person authorised in writing by it for the purposes of Government may be made free of any royalty or other remuneration to the patentee.

(3) If and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the invention made by the Central Government or any person authorised by it under sub-section

(1), at any time after the acceptance of the complete specification in respect of the patent or in consequence of any such communication as aforesaid, shall be made upon terms as may be agreed upon either before or after the use, between the Central Government or any person

authorised under sub-section (1) and the patentee, or, as may in default of agreement be determined by the High Court on a reference under section 103 : Provided that in the case of any such use of any patent in respect of any medicine or drug or article of food the royalty and other remuneration shall in no case exceed four per cent. of the net ex-factory sale price in bulk of the patented article (exclusive of taxes levied under any law for the time being in force and any commissions payable) determined in such manner as may be prescribed.

(4) The authorisation by the Central Government in respect of an invention may be given under this section, either before or after the patent is granted and either before or after the acts in respect of which such authorisation is given or done, and may be given to any person, 91 whether or not he is authorised directly or indirectly by the applicant or the patentee to make, use, exercise or vend the invention or import the machine, apparatus or other article or medicine or drug covered by such patent.

(5) Where an invention has been used by or with the authority of the Central Government for the purposes of Government under this section, then, unless it appears to the Government that it would be contrary to the public interest so to do, the Government shall notify the patentee as soon as practicable of the fact and furnish him with such information as to the extent of the use of the invention as he may, from time to time, reasonable require; and where the invention has been used for the purposes of a Government undertaking, the Central Government may call for such information as may be necessary for this purpose from such undertaking.

(6) The right to make, use, exercise and vend an invention for

the purposes of Government under sub-section (1) shall include the right to sell the goods which have been made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall have the power to deal with the goods as if the Central

Government or the person authorised under sub-section (1) were the patentee of the invention.

(7) Where in respect of a patent which has been the subject of an authorisation under this section, three is an exclusive licensee as

is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to

be given under sub-section (5) shall also be given to such exclusive licensee or assignor, as the case may be, and the reference to the

patentee in sub-section (3) shall be deemed to include a reference to such assignor or exclusive licensee.

Rights of third parties in respect of use of invention for purposes ofGovernment. 101. Rights of third parties in respect of use of invention for

purposes of Government. (1) In relation to any use of, a patented invention, or an invention in respect of which an application for a patent is pending, made for the purposes of Government- (a) by the Central Government or any person authorised by the Central Government under section 100; or (b) by the patentee or, applicant for the patent to the order made by the Central Government, 93 ment be determined by the High Court on a reference under section 103 to be just, having regard to any expenditure incurred by the licensee- (a) in developing the said invention; or (b) in making payments to the patentees other than royalties or other benefits determined by reference to the use of the invention including payments by way of minimum royalty in consideration of the licence.

Acquisition of inventions and patents by the Central Government. 102. Acquisition of inventions and patents by the Central

Government. (1) The Central Government may, if satisfied that it is necessary that an invention which is the subject of an application for a patent or a patent should be acquired from the applicant or the patentee for a public purpose, publish a notification to that effect in the Official Gazette, and thereupon the invention or patent and all rights in respect of the invention or patent shall, by force of this section, stand transferred to and be vested in the Central Government.

(2) Notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to the patentee and other persons, if any, appearing in the register as having an interest in the patent.

(3) The Central Government shall pay to the applicant, or, as the case may be, the patentee and other persons appearing on the register as having an interest in the patent such compensation as may be agreed upon between the Central Government and the applicant, or the patentee and other persons; or, as may, in default of agreement, be determined by the High Court on a reference under section 103 to be just having regard to the expenditure incurred in connection with the invention and, in the case of a patent, the term thereof, the period during which and the manner in which it has already been worked (including the profits made during such period by the patentee or by his licensee whether exclusive or otherwise) and other relevant factors.

Reference to High Court of disputes as to use for purposes ofGovernment. 103. Reference to High Court of disputes as to use for purposes

of Government. (1) Any dispute as to the exercise by the Central Government or a person authorised by it of the powers conferred by section 100, or as to terms for the use of an invention for the purposes of Government thereunder or as to the right of any person to

receive any part of a payment made in pursuance of sub-section (3) of that section or as to the amount of compensation payable for the acquisition of an invention or a patent under section 102, may be referred to the High Court by either party to the dispute in such manner as may be prescribed by the rules of the High Court. 94

(2) In any proceedings under this section to which the Central Government is a party, the Central Government may,- (a) if the patentee is a party to the proceedings, petition by way of counter-claim for revocation of the patent on any ground upon which a patent may be revoked under section 64; and (b) whether a patentee is or is not a party to the proceedings, put in issue the validity of the patent without petitioning for its revocation.

(3) If in such proceedings as aforesaid any question arises whether an invention has been recorded, tested or tried as is mentioned in section 100, and the disclosure of any document regarding the invention, or of any evidence of the test or trial thereof, would, in the opinion of the Central Government, be prejudicial to the public interest, the disclosure may be made confidentially to the advocate of the other party or to an independent expert mutually agreed upon.

(4) In determining under this section any dispute between the Central Government and any person as to terms for the use of an invention for the purposes of Government, the High Court shall have regard to any benefit or compensation which that person or any person from whom he derives title, may have received, or may be entitled to receive, directly or indirectly in respect of the use of the invention in question for the purposes of Government.

(5) In any proceedings under this section, the High Court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred to an official referee, commissioner or an arbitrator on such terms as the High Court may direct, and references to the High Court in the foregoing provisions of this section shall be construed accordingly.

(6) Where the invention claimed in a patent was made by a person who at the time it was made was in the service of the Central Govern- ment or of a State Government or was an employee of a Government undertaking and the subject-matter of the invention is certified by the relevant Government or the principal officer of the Government undertaking to be connected with the work done in the course of the normal duties of the Government servant or employee of the Government undertaking, then, notwithstanding anything contained in this section,

any dispute of the nature referred to in sub-section (1) relating to the invention shall be disposed of by the Central Government conformably to the 95 provisions of this section so far as may be applicable, but before doing so the Central Government shall give an opportunity to the patentee and such other parties as it considers have an interest in the matter to be heard. CHAP SUITS CONCERNING INFRINGEMENT OF PATENTS CHAPTER XVIII SUITS CONCERNING INFRINGEMENT OF PATENTS

Jurisdiction. 104. Jurisdiction. No suit for a declaration under section 105 or for any relief under section 106 or for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to try the suit: Provided that where a counter-claim for revocation of the patent is made by the defendant, the suit, along with the counter-claim, shall be transferred to the High Court for decision.

Power of court to make declaration as to non-infringement. 105. Power of court to make declaration as to non-infringement.

(1)Notwithstanding anything contained in section 34 of the Specific Relief Act, 1963, (47 of 1963.) any person may institute a suit for a declaration that the use by him of any process, or the making, use or sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or the licensee, if it is shown-- (a) that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgment to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and (b) that the patentee or licensee has refused or neglected to give such an acknowledgment.

(2) The costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for special reasons the court thinks fit to order otherwise, be paid by the plaintiff.

(3) The validity of a claim of the specification of a patent shall not be called in question in a suit for a declaration brought by virtue of this section, and accordingly the making or refusal of such a declaration in the case of a patent shall not be deemed to imply that the patent is valid or invalid.

(4) A suit for a declaration may be brought by virtue of this section at any time after the date of advertisement of acceptance of the complete 96 specification of a patent, and references in this section to the patentee shall be construed accordingly.

Power of Court to grant relief in cases of groundless threats ofinfringement proceedings. 106. Power of Court to grant relief in cases of groundless

threats of infringement proceedings. (1) Where any person (whether entitled to or interested in a patent or an application for a patent or not) threatens any other person by circulars or advertisements or by communications, oral or in writing addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved thereby may bring a suit against him praying for the following reliefs, that is to say- (a) a declaration to the effect that the threats are unjustifiable; (b) an injunction against the continuance of the threats; and (c) such damages, if any, as he has sustained thereby.

(2) Unless in such suit the defendant proves that the acts in respect of which the proceedings were threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the publication of a complete specification in respect of a claim of the specification not shown by the plaintiff to be invalid, the court may grant to the plaintiff all or any of the reliefs prayed for. Explanation.-A mere notification of the 1[existence] of a patent does not constitute a threat of proceeding within the meaning of this section.

Defences, etc., in suits for infringement.

107. Defences, etc., in suits for infringement. (1)In any suit for infringement of a patent, every ground on which it may be revoked under section 64 shall be available as a ground for defence.

(2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus or other article or by the using of any process or by the importation, use or distribution of any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47.

Reliefs in suits for infringement. 108.Reliefs in suits for infringement. The reliefs which a court may grant in any suit or infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.

Right of exclusive licensee to take proceedings against infringement. 109. Right of exclusive licensee to take proceedings against

infringement. (1)The holder of an exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed after the date of the licence, and in awarding damages --------------------------------------------------------------------- 1 Subs. by Act 56 of 1974, s. 3 and Second Schedule, for "existing" (w.e.f. 20 12-1974). --------------------------------------------------------------------- 97 or an account of profits or granting any other relief in any such suit the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such.

(2) In any suit for infringement of a patent by the holder of an

exclusive licence under sub-section (1), the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

Right of licensee under section 84 to take proceedings againstinfringement. 110.Right of licensee under section 84 to take proceedings against infringement. Any person to whom a licence has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of the patent, and, if the patentee refuses or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name as though he were the patentee, making the patentee a defendant; but a patentee so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.

Restriction on power of court to grant damages or account of profitsfor infringement. 111. Restriction on power of court to grant damages or account

of profits for infringement. (1)In a suit for infringement of a patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the infringement he was not aware and had no reasonable grounds for believing that the patent existed. Explanation.-A person shall not be deemed to have been aware or to have had reasonable grounds for believing that a patent exists by reason only of the application to an article of the word "patent", "patented" or any word or words expressing or implying that a patent has been obtained for the article, unless the number of the patent accompanies the word or words in question.

(2) In any suit for infringement of a patent the court may, if it thinks fit, refuse to grant any damages or an account of profits in respect of any infringement committed after a failure to pay any renewal fee within the prescribed period and before any extension of that period.

(3) Where an amendment of a specification by way of disclaimer, correction or explanation has been allowed under this Act after the publication of the specification, no damages or account of profits shall be granted in any proceeding in respect of the use of the invention before the date of the decision allowing the amendment, unless the court is satisfied that the specification as originally published was framed in good faith and with reasonable skill and knowledge. 98

(4) Nothing in this section shall affect the power of the court to grant an injunction in any suit for infringement of a patent.

Restriction on power of court to grant injunction in certain cases. 112.Restriction on power of court to grant injunction in certain cases. If in proceedings for the infringement of a patent endorsed or deemed to be endorsed with the words "Licences of right" (otherwise than by the importation of the patented article from other countries) the infringing defendant is ready and willing to take a licence upon terms to be settled by the Controller as provided in section 88, no injunction shall be granted against him, and the amount if any recoverable against him by way of damages shall not exceed double the amount which would have been recoverable against him as licensee if such a licence had been granted before the earliest infringement.

Certificate of validity of specification and costs of subsequent suitsfor infringement thereof. 113. Certificate of validity of specification and costs of

subsequent suits for infringement thereof. (1)If in any proceedings before a High Court for the revocation of a patent under section 64 the validity of any claim of a specification is contested and that claim is found by the court to be valid, the Court may certify that the validity of that claim was contested in those proceedings and was upheld.

(2) Where any such certificate has been granted, then, if in any subsequent suit before a court for infringement of that claim of the patent or in any subsequent proceeding for revocation of the patent in so far as it relates to that claim, the patentee or other person relying on the validity of the claim obtains a final order or judgment in his favour, he shall be entitled to an order for the payment of his full costs, charges and expenses of and incidental to any such suit or proceeding properly incurred so far as they concern the claim in respect of which the certificate was granted, unless the court trying the suit or proceeding otherwise directs : Provided that the costs as specified in this sub-section shall not be ordered when the party disputing the validity of the claim satisfies the court that he was not aware of the grant of the certificate when he raised the dispute and withdrew forthwith such defence when he became aware of such a certificate.

(3) Nothing contained in this section shall be construed as authorising court shearing appeals from decrees or orders in suits for infringement or petitions for revocation to pass orders for costs on the scale referred to therein.

Relief for infringement of partially valid specification. claim of the specification, being a claim in respect of which infringement is alleged, is valid, but that any other claim is invalid, the court may grant relief in respect of any valid claim which is infringed: Provided that the court shall not grant relief except by way of

injunction save in the circumstances mentioned in sub-section (2). 99

(2) Where the plaintiff proves that the invalid claim was framed in good faith and with reasonable skill and knowledge, the court shall grant relief in respect of any valid claim which is infringed subject to the discretion of the court as to costs and as to the date from which damages or an account of profits should be reckoned, and in exercising such discretion the court may take into consideration the conduct of the parties in inserting such invalid claims in the specification or permitting them to remain there.

Scientific advisers.

115. Scientific advisers. (1)In any suit for infringement or in any proceeding before a court under this Act, the court may at any time, and whether or not an application has been made by any party for that purpose, appoint an independent scientific adviser to assist the court or to inquire and report upon any such question of fact or of opinion (not involving a question of interpretation of law) as it may formulate for the purpose.

(2) The remuneration of the scientific adviser shall be fixed by the court and shall include the costs of making a report and a proper daily fee for any day on which the scientific adviser may be required to attend before the court, and such remuneration shall be defrayed out of moneys provided by Parliament by law for the purpose. CHAP APPEALS CHAPTER XIX APPEALS

Appeals.

116. Appeals. (1)No appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction.

(2) Save as otherwise expressly provided in sub-section (1), an appeal shall lie to a High Court from any decision, order or direction of the Controller under any of the following provisions, that is to say, section 15, section 16, section 17, section 18, section 19, section 20, section 25,section 27, section 28, section 51, section

54, section 57, section 60, section 61, section 63, sub-section (3)

of section 69, section 78, section 84, section 86, section 88(3), section 89, section 93, section 96 and section 97.

(3) Every appeal under this section shall be in writing and shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller, or within such further time as the High Court may in accordance with the rules made by it under section 158 allow. 100

Procedure for hearing of appeals.

117. Procedure for hearing of appeals. (1)Every appeal before a High Court under section 116 shall be by petition and shall be in such form and shall contain such particulars as may be prescribed by rules made by the High Court under section 158.

(2) Every such appeal shall be heard by a single Judge of the High Court: Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the proceeding to a Bench of the High Court.

(3) Every such appeal shall be heard as expeditiously as possible and endeavour shall be made to decide the appeal within a period of twelve months from the date on Which it is filed. CHAP PENALTIES CHAPTER XX PENALTIES

Contravention of secrecy provisions relating to certain inventions. 118.Contravention of secrecy provisions relating to certain inventions. If any person fails to comply with any direction given under section 35 or makes or causes to be made an application for the grant of a patent in contravention of section 39, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

Falsification of entries in register, etc. 119.Falsification of entries in register, etc. If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both.

Unauthorised claim of patent rights. 120.Unauthorised claim of patent rights. If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be punishable with fine which may extend to five hundred rupees. Explanation l.-For the purposes of this section, a person shall be deemed to represent- (a) that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India; (b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", 101 "Patent Pending" or some other words implying that an application for a patent for the article has been made in India. Explanation 2.-The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India.

Wrongful use of words "patent office". 121.Wrongful use of words "patent office". If any person uses on his place of business or any document issued by him or otherwise the words "patent office" or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the patent office, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

Refusal or failure to supply information.

122. Refusal or failure to supply information. (1)If any person refuses or fails to furnish- (a) to the Central Government any information which he

is required to furnish under sub-section (5) of section 100, (b) to the Controller any information or statement which he is required to furnish by or under section 146, he shall be punishable with fine which may extend to one thousand rupees.

(2) If any person, being required to furnish any such

information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

Practice by non-registered patent agents. 123.Practice by non-registered patent agents. If any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to five hundred rupees in the case of a first offence and two thousand rupees in the case of a second or subsequent offence.

Offences by companies.

124. Offences by companies. (1)If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the com- 102 mission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purposes of this section,- (a)"company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. CHAP PATENT AGENTS CHAPTER XXI PATENT AGENTS

Register of patent agents. 125.Register of patent agents. The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names and addresses of all persons qualified to have their names so entered under section 126.

Qualifications for registration as patent agents.

126. Qualifications for registration as patent agents. (1) A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:- (a) he is a citizen of India; (b) he has completed the age of 21 years; (c) he has obtained a degree from any University in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,- (i) is an advocate within the meaning of the Advocates Act,1961; (25 of 1961) or (ii) has passed the qualifying examination prescribed for the purpose; (d) he has paid such fee as may be prescribed. 103

(2) Notwithstanding anything contained in sub-section (1), a person who has been practising as a patent agent before the 1st day of November, 1966 and has filed not less than five complete specifications before the said day, shall, on payment of prescribed fee, be qualified to have his name entered in the register of patent agents.

Rights of patent agents. 127.Rights of patent agents. Subject to the provisions contained in this Act and in any rules made thereunder, every patent agent whose name is entered in the register shall be entitled- (a) to practise before the Controller; and (b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.

Subscription and verification of certain documents by patent agents. 128. Subscription and verification of certain documents by

patent agents. (1) Subject to the provisions contained in sub-section

(2) and to any rules made under this Act, all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned.

(2) The following documents, namely,- (i) applications for patents; (ii) applications for the restoration of lapsed patents; (iii) applications for the sealing of patents after the time allowed for that purpose by or under sub-section

(2), or sub-section (3) of section 43 has expired; (iv) applications for leave to amend; (v) applications for compulsory licences or for revocation; and (vi) notices of surrender of patents, shall be signed and verified in the manner prescribed by the person making such applications or giving such notices: Provided that if such person is absent from India, they may be signed and verified on his behalf by a patent agent authorised by him in writing in that behalf.

Restrictions on practice as patent agents.

129. Restrictions on practice as patent agents. (1) No person, either alone or in partnership with any other person, shall practise, describe or hold himself out as a patent agent, or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his partners are so registered. 104

(2) No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out. Explanation.-For the purposes of this section, practise as a patent agent includes any of the following acts, namely:- (a) applying for or obtaining patents in India or elsewhere; (b) preparing specifications or other documents for the purposes of this Act or of the patent law of any other country; (c) giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.

Removal from register of patent agents and restoration. 130. Removal from register of patent agents and restoration.

(1) The Central Government may remove the name of any person from the register when it is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it thinks fit to make- (i) that his name has been entered in the register by error or on account of misrepresentation or suppression of material fact; (ii) that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the Central Government renders him unfit to be kept in the register.

(2) The Central Government may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom.

Power of Controller to refuse to deal with certain agents. 131. Power of Controller to refuse to deal with certain agents.

(1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act- (a) any individual whose name has been removed from, and not restored to, the register; (b) any person who has been convicted of an offence under section 123; (c) any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person by whom he is employed; (d) any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm. 105

(2) The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India.

Savings in respect of other persons authorised to act as agents. 132. Savings in respect of other persons authorised to act as agents. Nothing in this Chapter shall be deemed to prohibit- (a) the applicant for a patent or any person, not being a patent agent, who is duly authorised by the applicant from drafting any specification or appearing or acting before the Controller; or (b) an advocate, not being a patent agent, from taking part in any proceedings under this Act otherwise than by way of drafting any specification. CHAP INTERNATIONAL ARRANGEMENTS CHAPTER XXII INTERNATIONAL ARRANGEMENTS

Notification as to convention countries.

133. Notification as to convention countries. (1)With a view to the fulfilment of a treaty, convention or arrangement with any country outside India which affords to applicants for patents in India or to citizens of India similar privileges as are granted to its own citizens in respect of the grant of patents and the protection of patent rights, the Central Government may, by notification in the Official Gazette, declare such country to be a convention country for the purposes of this Act.

(2) A declaration under sub-section (1) may be made for the purposes either of all or of some only of the provisions of this Act, and a country in the case of which a declaration made for the purposes of some only of the provisions of this Act is in force shall be deemed to be a convention country for the purposes of those provisions only.

Notification as to countries not providing for reciprocity. 134.Notification as to countries not providing for reciprocity. Where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person,- (a) to apply for the grant of a patent or be registered as the proprietor of a patent; (b) to be registered as the assignee of the proprietor of a patent; or (c) to apply for a licence or hold any licence under a patent granted under this Act. 106

Convention applications.

135. Convention applications. (1) Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the "basic application"), and that person or the legal representative or assignee of that person makes an application under this Act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application. Explanation.-Where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this sub-section shall be reckoned from the date on which the earlier or earliest of the said applications was made.

(2) Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection: Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements

of clause (b) of sub-section (1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions.

Special provisions relating to convention applications. 136. Special provisions relating to convention applications.

(1) Every convention application shall- (a) be accompanied by a complete specification; and (b) specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made; and (c) state that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title.

(2) Subject to the provisions contained in section 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be en- 107 titled under the provisions of section 6 to make a separate application for a patent.

(3) A convention application shall not be post-dated under sub-

section (1) of section 17 to a date later than the date on which under the provisions of this Act the application could have been made.

Multiple priorities.

137. Multiple priorities. (1)Where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of

the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications.

(2) The priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed.

(3) For the purposes of this Act, a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of a prior art) in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application, but no account shall be taken of any disclosure effected by any such document unless a copy of the document is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application.

Supplementary provisions as to convention applications. 138. Supplementary provisions as to convention applications.

(1)Where a convention application is made in accordance with the provisions of this Chapter, the applicant shall furnish, in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country in which the basic, application was made, certified by the official chief or head of the patent office of the convention country, or otherwise verified to the satisfaction of the Controller, along with the application or within three months thereafter, or within such further period as the Controller may on good cause allow.

(2) If any such specification or other document is in a foreign language, a translation into English of the specification or document, verified by affidavit or otherwise to the satisfaction of the Controller, shall be annexed to the specification or document.

(3) For the purposes of this Act, the date on which an application was made in a convention country is such date as the Controller is satisfied by certificate of the official chief or head of the patent office of the con 108 vention country or otherwise, is the date on which the application was made in that convention country.

Other provisions of Act to apply to convention applications. 139.Other provisions of Act to apply to convention applications. Save as otherwise provided in this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in pursuance thereof. CHAP MISCELLANEOUS CHAPTER XXIII MISCELLANEOUS

Avoidance of certain restrictive conditions.

140. Avoidance of certain restrictive conditions. (1)It shall not be lawful to insert- (i) in any contract for or in relation to the sale or lease of a patented article or an article made by a patented process; or (ii) in a licence to manufacture or use a patented article; or (iii) in a licence to work any process protected by a patent, a condition the effect of which may be- (a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees, any article other than the patented article or an article other than that made by the patented process ; or (b) to prohibit the purchaser, lessee or licensee from using, or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the patented article or an article other than that made by the patented process, which is not supplied by the vendor, lessor or licensor or his nominee; or (c) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee to use any process other than the patented process, and any such condition shall be void.

(2) A condition of the nature referred to in clause (a) or

clause (b) or clause (c) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the fact that the agreement 109 containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the patented article or process.

(3) In proceedings against any person for the infringement of a patent, it shall be a defence to prove that at the time of the infringement there was in force a contract relating to the patent and containing a condition declared unlawful by this section: Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied.

(4) Nothing in this section shall- (a) affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person; (b) validate a contract which, but for this section, would be invalid; (c) affect a condition in a contract for the lease of, or licence to use, a patented article, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the patented article as may be required or to put or keep it in repair.

(5) The provisions of this section shall also apply to contracts made before the commencement of this Act if, and in so far as, any restrictive conditions declared unlawful by this section continue in force after the expiration of one year from such commencement.

Determination of certain contracts.

141. Determination of certain contracts. (1)Any contract for the sale or lease of a patented article or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease or licence, whether made before or after the commencement of this Act, may at any time after the patent or all the patents by which the article or process was protected at the time of the making of the contract has or have ceased to be in force and notwithstanding anything to the contrary in the contract or in any other contract, be determined by the purchaser, lessee, or licensee, as the case may be, of the patent on giving three months notice in writing to the other party.

(2) The provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from this section.

Fees.

142. Fees. (1)There shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the 110 grant of patents under this Act, such fees as may be prescribed by the Central Government.

(2) Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall not do that act until the fee has been paid.

(3) Where a fee is payable in respect of the filing of a document at the patent office, the document shall be deemed not to have been filed at the office until the fee has been paid.

(4) Where a principal patent is granted later than two years from the date of filing of the complete specification, the fees which have become due in the meantime may be paid within a term of three months from the date of the recording of the patent in the register.

Restrictions upon publication of specifications. 143.Restrictions upon publication of specifications. Subject to the provisions of Chapter VII, an application for a patent, and any specification filed in pursuance thereof, shall not, except with the consent of the applicant, be published by the Controller or be open to public inspection at any time before the date of advertisement of acceptance of the application in pursuance of section 23.

Reports of examiners to be confidential. 144.Reports of examiners to be confidential. The reports of examiners to the Controller under this Act shall not be open to public inspection or be published by the Controller; and such reports shall not be liable to production or inspection in any legal proceeding unless the court certifies that the production or inspection is desirable in the interests of justice, and ought to be allowed.

Publication of patented inventions. 145.Publication of patented inventions. The Controller shall issue periodically a publication of patented inventions containing such information as the Central Government may direct.

Power of Controller to call for information from patentes. 146. Power of Controller to call for information from patentes.

(1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the Controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice.

(2) Without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to 111 which the patented invention has been worked on a commercial scale in India.

(3) The Controller may publish the information received by him

under sub-section (1) or sub-section (2) in such manner as may be prescribed.

Evidence of entries, documents, etc.

147. Evidence of entries, documents, etc. (1) A certificate purporting to be signed by the Controller as to any entry, matter or thing which he is authorised by this Act or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done.

(2) A copy of any entry in any register or of any document kept in the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the Controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof or production of the original.

(3) The Controller or any other officer of the patent office shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes.

Declaration by infant, lunatic, etc.

148. Declaration by infant, lunatic, etc. (1)If any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such things in the name and on behalf of the person subject to the disability.

(2) An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.

Service of notices, etc. by post. 149.Service of notices, etc. by post. Any notice required or authorised to be given by or under this Act, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post. 112

Security for costs. 150.Security for costs. If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the grant of a licence under a patent neither resides nor carries on business in India, the Controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned.

Transmission of orders of courts to Controller.

151. Transmission of orders of courts to Controller. (1) Every order of the High Court on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by the High Court to the Controller who shall cause an entry thereof and reference thereto to be made in the register.

(2) Where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transmit a copy of its judgment and decree to the Controller who shall on receipt thereof cause an entry in relation to such proceeding to be made in the prescribed manner in a supplemental record.

(3) The provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of the courts referred to in those sub-sections.

Transmission of copies of specification, etc., and inspection thereof. 152.Transmission of copies of specifications, etc., and inspection thereof. Copies of all such specifications, drawings and amendments left at the patent office as become open to public inspection under the provisions of this Act, shall be transmitted, as soon as may be, after the printed copies thereof are available, to such authorities as the Central Government may appoint in this behalf, and shall be open to the inspection of any person at all reasonable times at places to be specified by those authorities and with the approval of the Central Government.

Information relating to patents. 153.Information relating to patents. A person making a request to the Controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly.

Loss or destruction of patents. 154.Loss or destruction of patents. If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Controller, the Controller may at any time, on application made in the prescribed manner and on payment of the prescribed fee, cause a duplicate thereof to be sealed and delivered to the applicant. 113

Reports of Controller to be placed before Parliament. 155.Reports of Controller to be placed before Parliament.The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller.

Patent to bind Government. 156.Patent to bind Government.Subject to the other provisions contained in this Act, a patent shall have to all intents the like effect as against Government as it has against any person.

Right of Government to sell or use forfeited articles. 157.Right of Government to sell or use forfeited articles. Nothing in this Act shall affect the power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force.

Power of High Courts to make rules. 158.Power of High Courts to make rules. The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act.

Power of Central Government to make rules.

159. Power of Central Government to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:- (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office ; (ii) the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be advertised under this Act; (iii) the fees which may be payable under this Act and the manner of payment of such fees ; (iv) the matters in respect of which the examiner may make a report to the Controller; (v) the form of request for the sealing of a patent; (vi) the form and manner in which and the time within which any notice may be given under this Act; (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have 114 availed themselves of the subject-matter of the patent after the patent had ceased ; (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices; (ix) the maintenance of the register of patents and the matters to be entered therein; (x) the matters in respect of which the Controller shall have powers of a civil court; (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act; (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115; (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid; (xiv) the manner in which the register of patent agents may be maintained; the conduct of qualifying examinations for patent agents ; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct; (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and the inspection of indexes and abridgments and other documents; (xvi) any other matter which has to be or may be prescribed.

(3) The power to make rules under this section shall be subject to condition of the rules being made after previous publication.

Rules to be placed before Parliament. 160.Rules to be placed before Parliament. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1["in two or more successive sessions, and if, before the expirty of the session immediately following the session or the successive sessions aforesaid"] both or Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. --------------------------------------------------------------------- 1 Subs. by Act 4 of 1986 s. 2 & Sch.(w.e.f. 15-5-1986). --------------------------------------------------------------------- 117 (g) in relation to the Union territory of Pondicherry, the High Court at Madras.";

(g) omit clauses (8), (10) and (11);

(h) for clause (12), substitute-

`(12) "patent office" means the patent office referred to in section 74 of the Patents Act, 1970'.

5. Omit Part I.

6. For section 51B, substitute- "51B.Designs to bind Government. A registered design shall have to all intents the like effect as against Government as it has against any person and the provisions of Chapter XVII of the Patents Act, 1970, shall apply to registered designs as they apply to patents." 7. In section 54, for "The provisions of this Act", substitute "The provisions of the Patents Act, 1970". 8. Omit sections 55 and 56.

9. Section 57-For sub-section (1), substitute :-

"(1) There shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this Act such fees as may be prescribed by the Central Government." 10. Omit section 59A. 11. Section 61-Omit sub-section (.1). 12. For section 62, substitute- "62.Power of Controller to correct clerical errors. The Controller may, on request in writing accompanied by the prescribed fee, correct any clerical error in the representa- tion of a design or in the name or address of the proprietor of any design or in any other matter which is entered upon the register of designs." 13. Section 63--

(a) in sub-section (1), omit "to a patent or" and "patent or";

(b) in sub-section (2), omit "patent or" and for "patents or designs, as the case may be,", substitute "designs,";

(c) in sub-section (3), omit "patent or" wherever that expression occurs ;

(d) in sub-section (4), omit "to a patent or". 14. Section 64-

(a) in sub-section (1), omit "patents or" and omit the word "either" wherever it occurs 118

(b) in sub-section (5), omit clause (a). 15. Omit section 66. 16. Section 67--Omit "for a patent, or for amendment of an application or of a specification, or".

17. Section 69-In sub-section (1), omit "to grant a patent for an in- vention or". 18. Section 71A-Omit "or from patents, specifications and other.". 19. Omit section 72. 20. Omit sections 74A and 75. 21. Section 76-

(a) in sub-section (1), omit "other";

(b) in sub-section (2), in clause (c), omit "opponent". 22. Section 77-

(a) in sub-section (1)- (i) in clauses (c) and (d), omit "specifications"; (ii) for clause (e), substitute- "(e) providing for the inspection of documents in the patent office and for the manner in which they may be published; " ; (iii) omit clause (eee); (b) omit sub-section (2A). 23. Omit section 78. 24. For section 78A, substitute-- "78A.Reciprocal arrangement with United Kingdom and other

Common Wealth countries. (1) Any person who has applied for protection for any design in the United Kingdom or his legal representative or assignee shall, either alone or jointly with any other person be entitled to claim that the registration of the said design under this Act shall be in priority to other applicants and shall have the same date as the date of the application in the United Kingdom: Provided that- (a) the application is made within six months from the application for protection in the United Kingdom; and (b) nothing in this section shall entitle the proprietor of the design to recover damages for infringements happening 119 prior to the actual date on which the design is registered in India.

(2) The registration of a design shall not be invalidated by reason only of the exhibition or use of, or the publication of a description or representation of, the design in India during the period specified in this section as that within which the application may be made.

(3) The application for the registration of a design under this section must be made in the same manner as an ordinary application under this Act.

(4) Where it is made to appear to the Central Government that the legislature of any such Commonwealth country as may be notified by the Central Government in this behalf has made satisfactory provision for the protection of designs registered in India, the Central Government may, by notification in the Official Gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered In that Commonwealth country.". 25. Omit sections 78B, 78C, 78D and 78E. 26. Omit the Schedule. CHAP PRELIMINARY

Short title, extent and commencement.

1. Short title, extent and commencement. (1)This Act may be called the Indian Medicine Central Council Act, 1970.

(2) It extends to the whole of India.

(3) It shall come into force in a State on such date 1 as the Central Government may, by notification in the Official Gazette, appoint in this behalf for such State, and different dates may be appointed for different States and for different provisions of this Act.

Definitions.

2. Definitions. (1) In this Act, unless the context otherwise requires,- (a) " approved institution " means a teaching institution health centre or hospital recognised by a University or Board as an institution in which a person may undergo the training, if any, required by his course of study before the award of any medical qualification to him; (b) " Board " means a Board, Council, Examining Body or Faculty of Indian Medicine (by whatever name called) constituted by the State Government under any law for the time being in force regulating the award of medical qualifications in, and registration of practitioners of, Indian medicine ; (c) " Central Council " means the Central Council of Indian Medicine constituted under section 3 ; (d) " Central Register of Indian Medicine " means the register maintained by the Central Council under this Act; (e) "Indian medicine" means the system of Indian medicine commonly known as Ashtang Ayurveda, Siddha or Unani ---------------------------------------------------------------------- 1 Provisions of ss. 2, 13, 32, 33, 34, 35 and 36 came into force in the whole of India and provisions of ss. 3, 5 to 12 (both inclusive) and 14 to 16 (both inclusive) came into force in all the States (except the State of Nagaland) and in the Union territory of Delhi on the 15th August, 1971, see Notification No. S. O. 2994 dated 10-8-1971, Gazette of India, Extraordinary, Part II Sec. 3 (ii), p. 2511 Provision of Sections 18 to 22 (both inclusive came into force on 1.10.1974 and Sections 17 and 23 to 31 (both inclusive) on 1.10.1976 vide Notifications No. S .O. 584(E), dated 1-10-1974 and S.O. 626(E), dated 10.9.1976 respectively. Provisions of Section 4 came into force in the whole of India on 17-11 1983. vide notification No. S. O. 816 (E), dated 17-11-1983. ---------------------------------------------------------------------- 138 (Chapter I.-Preliminary. Chapter II.-The Central Council and its Committees.) Tibb whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time ; (f) "medical institution " means any institution within or without India which grants degrees, diplomas or licences in Indian medicine; (g) " prescribed " means prescribed by regulations (h) " recognised medical qualification " means any of the medical qualifications, including post-graduate medical qualification, of Indian medicine included in the Second, Third or Fourth Schedule ; (i) " regulation " means a regulation made under section 36 (j) " State Register of Indian Medicine " means a register or registers maintained under any law for the time being in force in any State regulating the registration of prac- titioners of Indian medicine ; (k) " University " means any University in India established by law and having a Faculty of Indian Medicine and includes a University in India established by law in which instruction, teaching training or research in Indian medicine is provided.

(2) Any reference in this Act to a law which is not In force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State. CHAP THE CENTRAL COUNCIL AND ITS COMMITTEES

Constitution of Central Council.

3. Constitution of Central Council. (1)The Central Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Central Council consisting of the following members, namely:- (a) such number of members not exceeding five as may be determined by the Central Government in accordance with the provisions of the First Schedule for each of the Ayurveda, Siddha and Unani system of medicine from each State in which a State Register of lndian Medicine is maintained, to be elected from amongst themselves by persons enrolled on that Register as practitioners of Ayurveda, Siddha or Unani, as the case may be : (b) one member for each of the Ayurveda, Siddha and Unani systems of medicine from each University to be elected 139 from amongst themselves by the members of the Faculty or Department (by whatever name called) of the respective system of medicine of that University; (c) such number of members, not exceeding thirty per cent, of the total number of members elected under clauses (a) and (b), as may be nominated by the Central Government, from amongst persons having special knowledge or practical experience in respect of Indian medicine ; Provided that until members are elected under clause (a) or clause (b) in accordance with the provisions of this Act and the rules made thereunder, the Central Government shall nominate such number of members, being persons qualified to be chosen as such under the said clause (a) or clause (b), as the case may be, as that Government thinks fit ; and references to elected members in this Act shall be construed as including references to members so nominated.

(2) The President of the Central Council shall be elected by the members of the Central Council from amongst themselves in such manner as may be prescribed.

(3) There shall be a vice-President for each of the Ayurveda, Siddha and Unani systems of medicine who shall be elected from amongst themselves by members representing that system of medicine, elected

under clause (a) or clause (b) of sub-section (1) or nominated under clause (c) of that sub-section.

Mode of Election.

4. Mode of Election. (1) An election under clause (a) or clause

(b) of sub-section (1) of section 3 shall be conducted by the Central Government in accordance with such rules as may be made by it in this behalf.

(2) Where any dispute arises regarding any election to the Cen- tral Council, it shall be referred to the Central Government whose decision shall be final.

Restriction on elections and membership.

5. Restriction on elections and membership. (1)No person shall be eligible for election to the Central Council unless he possesses any of the medical qualifications included in the Second, Third or Fourth Schedule, is enrolled on any State Register of Indian Medicine and resides in the State concerned.

(2) No person may at the same time serve as a member in more than one capacity.

Incorporation of Central Council. 6.Incorporation of Central Council. The Central Council shall be a body corporate by the name of the Central Council of Indian Medicine having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. 140

Term of office of President, Vice-President and members of CentralCouncil. 7. Term of office of President, Vice-President and members of

Central Council. (1)The President, a Vice-President or a member of the Central Council shall hold office for a term of five years from the date of his election or nomination, as the case may be, or until his successor shall have been duly elected or nominated, whichever is longer.

(2) An elected or nominated member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Central Council, from three consecutive ordinary meetings of the Central Council or, in the case of a member elected

under clause (a) of sub-section (1) of section 3, if he ceases to be enrolled on the concerned State Register of Indian Medicine, or in the case of a member elected under clause (b) of that sub-section, if he ceases to be a member of the Faculty or Department (by whatever named called) of Indian Medicine of the University concerned.

(3) A casual vacancy in the Central Council shall be filled by election or nomination, as the case may be, and the person elected or nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was elected or nominated.

(4) Members of the Central Council shall be eligible for re- election or renomination.

(5) Where the said term of five years is about to expire in respect of any member, a successor may be elected or nominated at any time within three months before the said term expires but he shall not assume office until the said term has expired.

Meetings of Central Council.

8. Meetings of Central Council. (1) The Central Council shall meet at least once in each year at such time and place as may be appointed by the Central Council.

(2) Unless otherwise prescribed, one-third of the total number of members of the Central Council shall form a quorum, and all the acts of the Central Council shall be decided by a majority of the members present and voting: Provided that no decision of the Central Council in relation to any Indian medicine shall be effective unless three members representing Ayurveda, Siddha or Unani system of medicine, as the case may be, are present at the meeting and support the decision.

Committees for Ayurveda, Siddha and Unani.

9. Committees for Ayurveda, Siddha and Unani. (1) The Central Council shall constitute from amongst its members,- (a) a committee for Ayurveda (b) a committee for Siddha; and (c) a committee for Unani, 141 and each such committee shall consist of members elected under clause

(a) or clause (b) or nominated under clause (c) of sub-section (1) of section 3 representing the Ayurveda, Siddha or Unani system of medicine, as the case may be.

(2) The Vice-President for each of the Ayurveda, Siddha and

Unani systems of medicine elected under sub-section (3) of section 3 shall be, respectively, the Chairman of the committees referred to in

clauses (a), (b) and (c) of sub-section (1).

(3) Subject to such general or special directions as the Central Council may from time to time give, each such committee shall be competent to deal with any matter relating to Ayurveda, Siddha or Unani system of medicine, as the case may be, within the competence of the Central Council.

Other committees. 10.Other committees. The Central Council may constitute from amongst its members such other committees for general or special purposes as the Central Council deems necessary to carry out the purposes of this Act.

Meetings of committees.

11. Meetings of committees. (1) The committees constituted under sections 9 and 10 shall meet at least once in each year at such time and place as may be appointed by the Central Council.

(2) Unless otherwise prescribed, one-third of the total number of members of a committee shall form a quorum, and all the acts of the committee shall be decided by a majority of the members present and voting.

Officers and other employees of Central Council. 12. Officers and other employees of Central Council. The Central Council shall- (a) appoint a Registrar who shall act as Secretary and who may also, if deemed expedient, act as Treasurer ; (b) employ such other persons as it deems necessary to carry out the purposes of this Act ; (c) require and take from the Registrar, or from any other employee, such security for the due performance of his duties as the Central Council deems necessary ; and (d) with the previous sanction of the Central Government, fix the remuneration and allowances to be paid to the President, Vice-President and members of the Central Council and to the Members of the committees thereof and determine the conditions of service of the employees of the Central Council. 142 (Chapter II.-The Central Council and its Committees. Chapter III.-Recognition of Medical Qualifications.)

Vacancies in the Central Council and Committees thereof not toinvalidate acts, etc. 13.Vacancies in the Central Council and Committees thereof not to invalidate acts, etc. No act or proceeding of the Central Council or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Central Council or the committee, as the case may be. CHAP RECOGNITION OF MEDICAL QUALIFICATIONS

Recognition of medical qualifications granted by certain medicalinstitutions in India. 14. Recognition of medical qualifications granted by certain

medical institutions in India.(1) The medical qualifications granted by any University, Board, or other medical institution in India which are included in the Second Schedule shall be recognised medical qualifications for the purposes of this Act.

(2) Any University, Board or other medical institution in India which grants a medical qualification not included in the Second Schedule may apply to the Central Government to have any such qualification recognised, and the Central Government, after consulting the Central Council, may, by notification in the Official Gazette, amend the Second Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such medical qualification declaring that it shall be a recognised medical qualification only when granted after a specified date.

Recognition of medical qualifications granted by certain medicalinstitutions whose qualifications are not included in SecondSchedule. 15. Recognition of medical qualifications granted by certain medical institutions whose qualifications are not included in Second Schedule. The medical qualifications included in the Third Schedule granted to a citizen of India before the 15th day of August, 1947, by any medical institution in any area which was comprised before that date within India as defined in the Government of India Act, 1935, shall also be recognised medical qualifications for the purposes of this Act. 143

Recognition of medical qualifications granted by medical institutionsin countries with which there is a scheme of reciprocity. 16. Recognition of medical qualifications granted by medical institutions in countries with which there is a scheme of

reciprocity.(1) The medical qualifications granted by medical institutions outside India which are included in the Fourth Schedule shall be recognised medical qualifications for the purposes of this Act.

(2) The Central Council may enter into negotiations with the authority in any State or country outside India, which by the law of such State or country is entrusted with the maintenance of a Register of practitioners of Indian medicine, for the settling of a scheme of reciprocity for the recognition of medical qualifications in Indian medicine, and in pursuance of any such scheme, the Central Government may, by notification in the Official Gazette, amend the Fourth Schedule so as to include therein any medical qualification which the Central Council has decided should be recognised, and any such notification may also direct that an entry shall be made in the last column of the Fourth Schedule against such medical qualification declaring that it shall be recognised medical qualification only when granted after a specified date.

Rights of persons possessing qualifications included in Second,Third and Fourth Schedules to be enrolled. 17. Rights of persons possessing qualifications included in

Second, Third and Fourth Schedules to be enrolled. (1) Subject to the other provisions contained in this Act, any medical qualification included in the Second, Third or Fourth Schedule shall be sufficient qualification for enrolment on any State Register of Indian Medicine.

(2) Save as provided in section 28, no person other than a practitioner of Indian medicine who possesses a recognised medical qualification and is enrolled on a State Register or the Central Register of Indian Medicine,- (a) shall hold office as Vaid, Siddha, Hakim or physician or any other office (by whatever designation called) in Government or in any institution maintained by a local or other authority ; (b) shall practise Indian medicine in any State ; (c) shall be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner ; (d) shall be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872, (1 of 1872) on any matter relating to Indian medicine.

(3) Nothing contained in sub-section (2) shall affect,- (a) the right of a practitioner of Indian medicine enrolled on State Register of Indian Medicine to practise Indian 144 medicine in any State merely on the ground that, on the commencement of this Act, he does not possess a recognised medical qualification ; (b) the privileges (including the right to practise any system of medicine) conferred by or under any law relating to registration of practitioners of Indian medicine for the time being in force in any State on a practitioner of Indian medicine enrolled on a State Register of Indian Medicine; (c) the right of a person to practise Indian medicine in a State in which, on the commencement of this Act, a State Register of Indian Medicine is not maintained if, on such commencement, he has been practising Indian medicine for not less than five years ; (d) the rights conferred by or under the Indian Medical Council Act, 1956 (102 of 1956) (including the right to practise medicine as defined in clause (f) of section 2 of the said Act), on persons possessing any qualifications included in the Schedules to the said Act.

(4) Any person who acts in contravention of any provision of

sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Power to require information as to courses of study and examinations. 18. Power to require information as to courses of study and examinations. Every University Board or medical institution in India which grants a recognised medical qualification shall furnish such information as the Central Council may, from time to time, require as, to the courses of study and examinations to be undergone in order to obtain such qualification, as to the ages at which such courses of study and examinations are required to be undergone and such quali- fication is conferred and generally as to the requisites for obtaining such qualification.

Inspectors at examinations.

19. Inspectors at examinations. (1) The Central Council shall appoint such number of medical inspectors as it may deem requisite to inspect any medical college, hospital or other institution where education in Indian medicine is given, or to attend any examination held by any University, Board or medical institution for the purpose of recommending to the Central Government recognition of medical qualifications granted by that University, Board or medical institution.

(2) The medical inspectors shall not interfere with the conduct of any training or examination, but shall report to the Central 145 Council on the adequacy of the standards of education including staff, equipment, accommodation, training and other facilities prescribed for giving education in Indian medicine or on the sufficiency of every examination which they attend.

(3) The Central Council shall forward a copy of any such report to the University, Board or medical institution concerned, and shall also forward a copy with the remarks of the University, Board or medical institution thereon, to the Central Government.

Visitors at examinations.

20. Visitors at examinations. (1) The Central Council may appoint such number of visitors as it may deem requisite to inspect any medical college, hospital or other institution where education in Indian medicine is given or to attend any examination for the purpose of granting recognised medical qualifications.

(2) Any person, whether he is a member of the Central Council or not, may be appointed as a visitor under this section but a person who is appointed as an inspector under section 19 for any inspection or examination shall not be appointed as a visitor for the same inspection or examination.

(3) The visitors shall not interfere with the conduct of any training or examination, but shall report to the President of the Central Council on the adequacy of the standards of education includ- ing staff, equipment, accommodation, training and other facilities prescribed for giving education in Indian medicine or on the suffi- ciency of every examination which they attend.

(4) The report of a visitor shall be treated as confidential unless in any particular case the President of the Central Council otherwise directs: Provided that if the Central Government requires a copy of the report of a visitor, the Central Council shall furnish the same.

Withdrawal of recognition.

21. Withdrawal of recognition. (1) When upon report by the inspector or the visitor, it appears to the Central Council- (a) that the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, any University, Board or medical institution, or (b) that the staff, equipment, accommodation, training and other facilities for instruction and training provided in such University, Board or medical institution or in any college or other institution affiliated to the University, 146 do not conform to the standard prescribed by the Central Council, the Central Council shall make a representation to that effect to the Central Government.

(2) After considering such representation, the Central Govern- ment may send it to the Government of the State in which the Uni- versity, Board or medical institution is situated and the State Gov- ernment shall forward it along with such remarks as it may choose to make to the University, Board or medical institution, with an inti- mation of the period within which the University, Board or medical institution may submit its explanation to the State Government.

(3) On the receipt of the explanation or, where no explanation is submitted within the period fixed, then, on the expiry of that period, the State Government shall make its recommendations to the Central Government.

(4) The Central Government, after making such further inquiry, if any, as it may think fit, may, by notification in the Official Gazette, direct that an entry shall be made in the appropriate Schedule against the said medical qualification declaring that it shall be a recognised medical qualification only when granted before a specified date, or that the said medical qualification if granted to students of a specified college or institution affiliated to any University shall be recognised medical qualification only when granted before a specified date or, as the case may be, that the said medical qualification shall be recognised medical qualification in relation to a specified college or institution affiliated to any University only when granted after a specified date.

Minimum standards of education in Indian Medicine.

22. Minimum standards of education in Indian Medicine.(1) The Central Council may prescribe the minimum standards of education in Indian medicine, required for granting recognised medical qualifications by Universities, Boards or medical institutions in India.

(2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Central Council to all State Governments and the Central Council shall, before submitting the regulations or any amendment thereof, as the case may be, to the Central Government for sanction, take into consideration the comments of any State Government received within three months from the furnishing of the copies as aforesaid.

(3) Each of the Committees referred to in clauses (a), (b) and

(c) of sub-section (1) of section 9 shall, from time to time, report to the 147 (Chapter III.-Recognition of Medical Qualifications. Chapter IV.- The Central Register of Indian Medicine.) Central Council on the efficacy of the regulations and may recommend to the Central Council such amendments thereof as it may think fit. CHAP THE CENTRAL REGISTER OF INDIAN MEDICINE

The Central Register of Indian Medicine.

23. The Central Register of Indian Medicine. (1) The Central Council shall cause to be maintained in the prescribed manner, a register of practitioners in separate parts for each of the system of Indian medicine to be known as the Central Register of Indian Medicine which shall contain the names of all persons who are for the time being enrolled on any State Register of Indian Medicine and who possess any of the recognised medical qualifications.

(2) It shall be the duty of the Registrar of the Central Council to keep and maintain the Central Register of Indian Medicine in accordance with the provisions of this Act and of any orders made by the Central Council, and from time to time to revise the register and publish it in the Gazette of India and in such other manner as may be prescribed.

(3) Such register shall be deemed to be a public document within the meaning of the Indian Evidence Act, 1872, (1 of 1872.) and may be proved by a copy published in the Gazette of India.

Supply of copies of State Register of Indian medicine. 24. Supply of copies of State Register of Indian medicine. Each Board shall supply to the Central Council three printed copies of the State Register of Indian Medicine as soon as may be after the commencement of this Act and subsequently after the first day of April of each year, and each Board shall inform the Central Council without delay of all additions to and other amendments in the State Register of Indian Medicine made from time to time.

Registration in the Central Register of Indian Medicine. 25.Registration in the Central Register of Indian Medicine. The Registrar of the Central Council may on receipt of the report of registration of a person in a State Register of Indian Medicine or on application made in the prescribed manner by any person, enter his name in the Central Register of Indian Medicine, provided that the Registrar is satisfied that the person concerned is eligible under this Act for such registration. 148

Professional conduct.

26. Professional conduct. (1) The Central Council may prescribe standards of professional conduct and etiquette and a code of ethics for practitioners of Indian medicine.

(2) Regulations made by the Central Council under sub-section

(1) may specify which violations thereof shall constitute in famous conduct in any professional respect, that is to say, professional mis- conduct, and such provision shall have effect notwithstanding anything contained in any law for the time being in force.

Removal of names from the Central Register of Indian Medicine. 27. Removal of names from the Central Register of Indian

Medicine. (1) If the name of any person enrolled on a State Register of Indian medicine is removed therefrom in pursuance of any power conferred by or under any law relating to registration of practi- tioners of Indian medicine for the time being in force in any State, the Central Council shall direct the removal of the name of such person from the Central Register of Indian Medicine.

(2) Where the name of any person has been removed from a State Register of Indian Medicine on any ground other than that he is not possessed of the requisite medical qualifications or where any appli- cation by the said person for restoration of his name to the State Register of Indian Medicine has been rejected, he may appeal in the prescribed manner and subject to such conditions, including conditions as to the payment of a fee, as may be prescribed, to the Central Government whose decision, which shall be given after consulting the Central Council, shall be binding on the State Government and on the authorities concerned, with the preparation of the State Register of Indian Medicine.

Provisional registration for practice. 28. Provisional registration for practice. If the courses of study to be undergone for obtaining a recognised medical qualification in Indian medicine include a period of training after a person has passed the qualifying examination and before such qualification is conferred on him, any such person shall, on application made by him in this behalf, be granted provisional registration in a State Register of Indian Medicine by the Board concerned in order to enable him to practice Indian medicine in an approved institution for the purpose of such training and for no other purpose for the period aforesaid.

Privileges of persons who are enrolled on the Central Register ofIndian Medicine. 29. Privileges of persons who are enrolled on the Central Register of Indian Medicine. Subject to the conditions and restrictions laid down in this Act regarding practice of Indian medicine by persons possessing certain recognised medical qualifications, every person whose name is for the time being borne on the Central Register of Indian Medicine shall be entitled according to his qualifications to Practise Indian medicine in any part of India and to recover in due course of law 149 (Chapter IV.-The Central Register of India Medicine. Chapter V.--Miscellaneous.) in respect of such practice any expenses, charges in respect of medi- caments or other appliances or any fees to which he may be entitled.

Registration of additional qualifications.

30. Registration of additional qualifications. (1) If any person whose name is entered in the Central Register of Indian Medicine- obtains any title, diploma or other qualification for proficiency in Indian medicine which is a recognised medical qualification, he shall, on application made in this behalf in the prescribed manner, be entitled to have an entry stating such other title, diploma or other qualification made against his name in the Central Register of Indian Medicine either in substitution for or in addition to any entry previously made.

(2) The entries in respect of any such person in a State Register of Indian Medicine shall be altered in accordance with the alterations made in the Central Register of Indian Medicine.

Persons enrolled on Central Register of Indian Medicine to notifychange of place of residence and practice. 31. Persons enrolled on Central Register of Indian Medicine to notify change of place of residence and practice.Every person registered in the Central Register of lndian Medicine shall notify any transfer of the place of his residence or practice to the Central Council and to the Board concerned, within ninety days of such transfer, failing which his right to participate in the election of members to the Central Council or a Board shall be liable to be forfeited by order of the Central Government either permanently or for such period as may be specified therein. CHAP MISCELLANEOUS

Information to be furnished by Central Council and publicationthereof. 32. Information to be furnished by Central Council and

publication thereof.(1) The Central Council shall furnish such reports, copies of its minutes, abstracts of its accounts, and other information to the Central Government as that Government may require.

(2) The Central Government may publish in such manner as it may think fit, any report, copy, abstract or other information furnished to it under this section or under section 20.

Commission of inquiry.

33. Commission of inquiry.(1) Whenever it is made to appear to the Central Government that the Central Council is not complying with any of the provisions of this Act, the Central Government may refer the particulars of the complaint to a commission of inquiry consisting of three 150 persons, two of whom shall be appointed by the Central Government, one being a Judge of a High Court, and one by the Central Council, and such commission shall proceed to inquire in a summary manner and to report to the Central Government as to the truth of the matters charged in the complaint, and in case of any charge of default or of improper action being found by the commission to have been established, the commission shall recommend the remedies, if any, which are in its opinion necessary.

(2) The Central Government may require the Central Council to adopt the remedies so recommended within such time as, having regard to the report of the commission, it may think fit, and if the Central Council fails to comply with any such requirement, the Central Government may amend the regulations of the Central Council, or make such provision or order or take such other steps as may seem necessary to give effect to the recommendations of the commission.

(3) A commission of inquiry shall have power to administer oaths, to enforce the attendance of witnesses and the production of documents, and shall have all such other necessary powers for the pur- pose of any inquiry conducted by it as are exercised by a civil court under the Code of Civil Procedure, 1908. (5 of 1908)

Protection of action taken in good faith. 34. Protection of action taken in good faith.No suit, prosecution or other legal proceeding shall lie against the Government, the Central Council or a Board or any committee thereof or any officer or servant of the Government or the Central Council or the Board aforesaid for anything which is in good faith done or intended to be done under this Act.

Power to make rules.

35. Power to make rules.(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1[in two or more successive sessions,and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ---------------------------------------------------------------------- 1. Subs. by Act 20 of 1983, s.2 & Sch. (w.e.f. 15-03-1984) ---------------------------------------------------------------------- 151 (Chapter V.-Miscellaneous.)

Power to make regulations.

36. Power to make regulations.[(1)] The central Council may, with the previous sanction of the central Government, [by notification in the official gazette]1 make regulations generally to carry out the purposes of this Act, and, without prejudice to the generality of this power, such regulations may provide for- (a) the manner of election of the President and the Vice- Presidents of the Central Council; (b) the management of the property of the Central Council and the maintenance and audit of its accounts; (c) the resignation of members of the Central Council; (d) the powers and duties of the President and Vice- President; (e) the summoning and holding of meetings of the Central Council and the committees thereof, the times and places where such meetings are to be held, and the conduct of business thereat and the number of members necessary to constitute a quorum; (f) the functions of the committees constituted under section 9 or section 10; (g) the tenure of office, and the powers and duties of the Registrar and other officers and servants of the Central Council; (h) the appointment, powers, duties and procedure of inspectors and visitors; (i) the courses and period of study and of practical training to be undertaken, the subjects of examination and the standards of proficiency therein to be obtained, in any University, Board or medical institutions for grant of recognised medical qualifications; (j) the standards of staff, equipment, accommodation, training and other facilities for education in Indian medicine; (k) the conduct of professional examinations, qualifications of examiners and the conditions of admission to such examinations (l) the standards or professional conduct and etiquette and code of ethics to be observed by practitioners of Indian medicine; (m) the particulars to be stated, and the proof of qualifications to be given applications for registration under this Act; (n) the manner in which and the conditions subject to which an appeal under section 27 may be preferred; ---------------------------------------------------------------------- 1. Renumbered & ins. by Act 20 of 1983, s.2. & Sch..(w.e.f. 15-3-1984) ---------------------------------------------------------------------- 152 (Chapter V.-Miscellaneous. The First Schedule.) (o) the fees to be paid on applications and appeals under this Act ; and (p) any matter for which under this Act provision may be made by regulations.

1[(2) The Central Government shall cause every regulation made under this Act to be laid as soon as may be after it is made before each house of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] SCHE

[See section 3(1) (a)]

THE FIRST SCHEDULE

[See section 3(l) (a)]

1. The Central Government shall, by notification in the Official Gazette, determine the number of seats allocated in the Central Council to each of the Ayurveda, Siddha and Unani systems of medicine in each State on the following basis, namely:- (a) Where the number of persons enrolled on a State Register of Indian Medicine for any of such systems exceeds 100 but does not exceed 10,000 . 1 seat (b) Where the number of persons enrolled on a State Register of Indian Medicine for any of such systems exceeds 10,000 but does not exceed 20,000. 2 seat (c) Where the number of persons enrolled on a State Register of Indian Medicine for any of such systems exceeds 20,000 but does not exceed 30,000 3 seat (d) Where the number of persons enrolled on a State Register of Indian Medicine for any of such systems exceeds 30,000 but does not exceed 40,000 4 seat (e) Where the number of persons enrolled on a State Register of Indian Medicine for any of such system exceeds 40,000 5 seat 2. For every subsequent election to the Central Council under

clause (a) of sub-section (1) of section 3, the Central Government shall, by notification in the Official Gazette, determine the number of seats allocated in the Central Council to each of the Ayurveda, Siddha and Unani systems of medicine on the basis laid down in paragraph 1 above. --------------------------------------------------------------------- 1. Ins. by Act. 20 of 1983, s.2 & Sch.(w.e.f. 15-3-1984) --------------------------------------------------------------------- 153 SCHE (See section 14) THE SECOND SCHEDULE (See section 14) Recognised medical qualifications in Indian medicine granted by Universities, Boards or other medical institutions in India --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- PART AYURVENDA AND SIDDHA PART I.- AYURVEDA AND SIDDHA Andhra 1. Board of Indian Medicine, Graduate of the G.C.A.M. -- Hyderabad, A.P. College of Ayurvedic Medicine Graduate of the G.C.I.M. College of Integrated Medicine. Ayurveda Visharad A.V.V. Bachelor of Ayurvedic B.A.M. & S. Medicine and Surgery. 2. Andhra Ayurveda Parishad, Vaidyavidwan -- -- Vijayawada (Examining Body). 3. Shri Venkateswar Ayurveda Ayurvedalankara Kalasala, Vijayawada. Ayurveda-Kalanidhi Diploma in Ayurvedic D.A.M. Medicine. 4. Shri Rangacharya Ram- Ayurveda Praveen mohan Ayurvedic College, Guntur, A.P. Assam 5. Board of Ayurvedic Medi- Diploma in Ayurvedic D.A.M.S. cine, Assam. Medicine and Surgery. Bihar 6. State Faculty of Ayurvedic Graduate in Ayurvedic G.A.M.S. From and Unani Medicines, Medicine and Surgery. 1953 Patna, Bihar. onwards NOTE.-The Second Schedule to the Indian Medicine Central Council Act, 1970 (48 of 1970) has been subsequently amended vide :- --------------------------------------------------------------------- 1. S.O. No. 4068. dated the 30th November, 1979. 2. S. O. No. 2635, dated the 18th September, 1980. 3. S.O. No, 2313, dated the 20th August, 1981. 4. S.O. No. 2314, dated the 22nd August, 1981. 5. S.O. No. 137, dated the 24th December, 1981. 6. S.O. No. 638, dated the 25th January, 1982. 7. S.O. No. 661, dated the 2nd February, 1982. 8. S.O. No. 973, dated the 20th February, 1982. 9. S.O. No. 354 (E), dated the 6th May, 1983. 10. S. O. No. 3550. dated the 5th September, 1983. ll. s. O. No. 804(E), dated the 11th November, 1983. 12. S.O. No. 462(E), dated the 23rd June, 1984. 13. S.O. No. 1911, dated the 17th April, 1985. 14. S.O. No. 3404 dated the 5th July, 1985 15. S.O. No. 4057 dated the 14th August, 1985 -------------------------------------------------------------------- 154 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- 7. Government Ayurvedic Ayurvedacharya -- -- School, Patna, Bihar (Former). 8. Government Ayurvedic Ayurvedacharya -- -- College, Patna, Bihar. 9. Sanskrit University Dar- Ayurvedacharya -- -- bhanga, Bihar. Pranacharya Delhi 10. Ayurvedic and Unani Ayurvedacharya Dhan- -- Up to 1958. Tibbia College, Delhi. wantari. Bhishgacharya Dhanwan- -- Up to 1958. tari. Vaidya Dhatri -- Up to 1958. 11.Board of Ayurvedic and (Bachelor in Indian Medi-B.I.M.S. From 1958 Unani Systems of Medi- cine and Surgery.) to 1963. cine, Delhi Administra- tion. Ayurvedacharya Dhan- wantari. (Diploma in Indian Medi-D.I.M.S. From 1956 cine and Surgery.) to 1960. Bhishgacharya Dhanwan. tari. 12. All India Ayurveda Ayurveda-Visharad -- -- Vidyapeeth, Delhi. Ayurveda-Bhishak -- -- Vaidyacharya -- -- Prajavaidya Priksha -- -- Vaidya-Visharad -- -- Ayurvedacharya -- -- 155 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- 13. Banwarilal Ayurvedic Vaid-raj Up to 1958 Vidyalaya, Delhi. Bhishgacharya Up to 1958 Ayurvedacharya Up to 1958 14. Examining Body, Ayur (Bachelor in Indian B.I.M.S. From 1963 vedic and Unani Systems Medicine and Surgery.) onwards. of Medicine, Delhi. Ayurvedacharya Dhanwantari. Gujarat 15. University of Gujarat Bachelor of Ayurvedic B.A.M.S. -- Medicine and Surgery. 16. M.S.University, Baroda Ayurveda-Visharad 17. Faculty of Ayurvedic and Graduate of the Faculty G.F.A.M. -- Unani Systems of Medi- of Ayurvedic Medicine. cine, Gujarat. 18. The Committee for Shud- Ayurveda Pravina D.S.A.C. -- dha Ayurvedic Course, Gujarat, Ahmedabad. 19. Board of Indian Medicine Ayurveda-Visharad -- -- Saurashtra. 20. Post Graduate Training Higher Proficiency in H.P.A. -- Centre in Ayurveda, Ayurveda. Jamnagar. 21. Sarvanamasa Dakshina Ayurvedauttama -- -- Parikshasamiti, Baroda. Ayurveda-Madhyam -- -- 22. Rajkeeya Sanskrit Maha- Ayurveda-Visharad -- -- vidyalaya, Baroda. 23. U. P. Ayurveda Maha- Grihit Ayurveda Shastra D.A.M. vidyalaya, Patna Diploma in Ayurvedic (Baroda State). Medicine. Grihit Ayurveda Shastra L.A.M. Up to 1942 24.Gujarat Ayurved Univer- Ayurvedacharya B.S.A.M. -- sity, Jamnagar. Pranacharya M.S.A.M. -- 156 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Jammu and Kashmir 25. Jammu and Kashmir Bachelor of Ayurvedic B.A.M.S. Awarded University. Medicine and Surgery, from 1968, Kerala 26.University of Kerala Bachelor of Ayurvedic B.A.M. From 1967 Medicine. onwards. Diploma in Ayurvedic D.A.M. Till 1962. Medicine. 27.Government of Travancore. Vaidyakalanidhi Cochin. 28. Government Ayurveda Sastra-Bhoosana-Ayur- College, Tripunithura veda. (Kerala). 29. Cochin Government Vaidyabhoosanam 30.Travancore-Cochin Govern- Ayurveda-Bhoosanam ments. 31. Travancore Government Netra Vaidya-Visharada Vaidyakalanidhi. 32. Kerala Government Diploma in Ayuvedic D.A.M. Still Medicine continuing. 33. Travancore Government Vadya-Shastri Marma Vaidya Visharada . 34. Keraleeya-Ayurveda Maha- Vaidyapadan. patasala, Shoranur, Kerala. 35. Cochin Government "The Certificate Visha Vaidya Training." 36. Madhava Memorial Ayur- Vaidyavibhusanam Up to 1963. vedic College, Cannanore, Kerala. 37. Madhava Ayurveda College, Ayurveda Sastry D.A.S. From 1953 Ernakulam. to 1957. Ayurveds Vidwan Up to 1957. 157 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- 38.Ayurvedic College, Kotta- Arya Vaidyan kal, Kerala. 39.Arya Vaidya Patasala, Arya Vaidya, Diploma Kottakal. 40.Government Ayurvedic Ayurvedasastra-Bhusan College, Tripunithura. 41.Board of Public Examina- Ayurveda Bhoosanam tions, Cochin. 42.Travancore Government . Diploma in Indigenous D.I.M. Medicine. Visha Vaidya Visarada 43.Travancore Siddha Vaidya Diploma or Certificate in -- May,1947. Sangham, Munchira. Siddha Medicine. Madhya Pradesh 44.Jivaji Vishwavidyalaya, Bachelor of Ayurved with B.A.M.S. From Gwalior. Modern Medicine and 1965 Surgery. onw- ards. 45.Indore Vishwavidyalaya, Bachelor of Ayurveda B.A.M.S. From 1965 indore. Medicine and Surgery. onwards. 46.Vikram Vishwavidyalaya, Bachelor of Ayurved B.A.M.S. From 1964 Ujjain. with Modern Medicine onwards. Surgery. 47.Ravishanker Vishwa- Bachelor of Ayurved B.A.M.S. From 1965 vidyalaya, Raipur. with Modern Medicine onwards. and Surgery. 48.Board Of Indian Medicine, Bhishgacharya L.I.M. From 1957 Madhya Pradesh wards. onwards. (Madhya Bharat Region), Gwalior. 49.Mahakoshal Ayurvedic Bhisagwara L.A.P. Board, Jabalpur. 50.Board of Indian Medicine, Ayurveda-Vigyana- A.V.M.S. From 1958 Madhya Pradesh charya onwards. (Madhya Bharat Region), Gwalior. 158 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- 51.Government Avurvedic (i) Vaidyasastri From 1916 Vidyalaya, Gwalior. onwards. (Ayurvedic Examination, (ii) Vaidya-wara Up to 1954. Gwalior State.) (iii) Hindi Vaidya Now ceased. Pariksha (iv) Ayurved Shastri Now ceased. 52.Ashtanga Ayurveda Vidya- Vaidya-vachaspati L.A.M. Up to laya, Ujjain. 1-5-56. 53.Board of Indian Medicine, Sahavak-Vaidya From 1954 Gwalior. and ceased afterwards. 54.University of Saugor, B.A.M.S. Saugor. Maharashtra 55.Nagpur University, Nagpur. Bachelor of Ayurve- B.A.M.S. From 1964 dic Medicine and (Nagpur). onwards. Surgery. 56.Poona University, Poona. Bachelor of Ayurve- B.A.M.S. dic Medicine and (Poona). Surgery- 57. Vidarbha Board of Ayur- Bachelor of Ayurvedic B.A.M.S. vedic and Unani Systems Medicine and Surgery. (Vidarbha). of Medicine, Maha- rashtra. 58. Faculty of Ayurvedic and Ayurveda Visharad A.V.V. Unani Systems of Medi- (Nanded). cine, Maharashtra. 59.Committee of Shuddha Ayurveda praveena D.S.A.C. Ayurvedic Course, Maha- (Bombay) rashtra. 60.Faculty of Ayurvedic and Graduate of the G.F.A.M. Unani Systems of Medi- Faculty of (Bombay). cine, Bombay. Ayurvedic Medicine. Member of Faculty of M.F.A.M. Ayurvedic Medicine. (Maharashtra) Ayurveda-Visarad D.A.S.F. (Bombay). 159 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- 61.Tilak Maharashtra Vidya- Ayurvidya Visharad. A.V.V. Before peetha, Poona. (Poona). 1944. Ayurvidya Parangat A.V.P. Before (Poona) 1942. 62.Aryangal Mahavidyalaya, Ayurveda Visharad A.V.V. Before Satara. (Satara). 1942. 63.Ayurved Mahavidyalaya, Ayurved-teerth A.T. Before Ahmednagar. (Ahmednagar).1942. Mysore 64.Board of Studies in Indian Graduate Course of G.C.I.M. From 1964 Medicine, Mysore, Ban- Indian Medicine. onwards. galore. 65.Board of Studies in Indian Ayurveda Praveena D.S.A.C. From 1958 Medicine, Mysore State, OnWards. Bangalore. 66.Government Ayurvedic and Ayurved-Vidwat(Licen- L.A.M.S. From 1928 Unani College, Mysore. tiate in Ayurvedic to 1953. Medicine and Surgery.) 67.Board of Studies in Indian Ayurved-Vidwat(Licen- L.A.M.S. From 1958 Medicine, Mysore State, tiate in Ayurvedic onwards. Bangalore. Medicine and Surgery.) 68.Central Board of Indian Ayurveda-Vidwat(Licen- L.A.M.S.From 1953 Medicine, Mysore. tiate in Ayur-vedic to 1958. Medicine and Surgery.) 69.Taranath Ayurveda Vidya- Ayurveda-Vidwat(Licen- L.A.M.S.From 1953 peetha, Bellary. tiate in Ayurvedic to 1958. Medicine and Surgery.) Vaidya Praveena Up to

70.Committee or Authority of Ayurveda-Vidwat- Before the Mysore, Maharaja's 1909. Sanskrit College (Ayur- vedic Section), Mysore. 71.The Committee or Authori- Ayurveda-Vidwat From 1909 ty of the Government to 1928. Aurvedic College, Mysore. 160 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- 72.Karnataka Ayurveda Bhishagwar Vidyapeetha, Belgaum. 73.Prema Vidya Peeths, Ayurvedachudamani Thungabhadra. Ayurveda Shiromani Bhibagindu Vaidyaguru 74.Government Ayurvedic -- A.M.S. -- School, Mysore. 75.Government Ayurvedic Licentiate of Ayur- L.A.M.S. School and College, vedic Medicine and Mysore. Surgery. 76.Board of Studies in Diploma in Ayurvedic D.A.M. From 1964 Medicine, Mysore State, Medicine. onwards. Bangalore. 77.University of Mysore, Bachelor of the B.S.A.M. From 1967 Mysore, System of Ayurvedic onwards. Medicine. 78.University of Bangalore, Bachelor of the B.S.A.M. From 1967 Bangalore. System of Ayurvedic onwards. Medicine. 79.Karnatak University, Bachelor of the B.S.A.M. From 1969 Dharwar. System of Ayurvedic onwards. Medicine Orissa 80.Ayurvedic Examination Diploma in Ayurvedic D.A.M.S. From 1953 Board; Orissa. Medicine and Surgery. to 1962. 81.Orissa Association of Ayurveda Shastry From 1933 Sanskrit Learning and onwards. Culture, Puri. Ayurved Acharya From 1933 onwards. 82.State Faculty of Ayurvedic Ayurvedacharya B.S.A.M. From 1969 Medicine, Orissa. onwards. 161 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Punjab 83.Faculty of Indian Ayurvedacharya (Graduate G.A.M.S. From 1961 Medicine Punjab. of Ayurvedic Medicine onwards. and Surgery). 84.Sanatan Dharam Premgiri Ayurvedacharya Kaviraj M.A.M.S. Up to 1953. Ayurvedic College, L.A.M.S. Bhiwani. 85.D.A.V. Managing Com- Vaidya-vachaspati V.V. mittee, Amritsar/Jullun- dur. 86.Vedic and Unani Tibbi Vaid Kaviraj V.K. College, Amritsar. Vaid Rattan V.R. Up to 1947. 87.Ayurvedic and Unani Vachaspati V. Tibbi College, Amritsar. 88. Government Ayurvedic Vaidya V. Vidyalaya (College), Patiala. Vaidya Visharad V.V. Up to 1956. Vaidya Shastri V.S. Ayurvedacharya A.A. From 1956 to 1961. Rajasthan 89. Rajasthan Ayurveda Bhishagwara From 1962 Vibhagiya Pariksha onwards. Mandal, Ajmer. Bhishagacharya From 1962 onwards. 90.Rajputana Ayurvedic Bhishagacharya Shiromani From 1951 and Unani Tibbi College, onwards. Jaipur. Bhishagaratna Shastri From 1951 onwards. 91.Government Ayurvedic Bhishak college, Jaipur. Bhishagacharya Bhish-kala 92.Maharaja college of Shastra-acharya Ayurved, Jaipur. 162 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Tamil Nadu 93.Government College of Graduate of the G.C.I.M. From 1947 I n d i a n/I n d i genous/ college of I n d- to 1960. integrated Medicine, i a n/Indigenous/ Madras Integrated Medicine. Licentiate in L.I.M. From 1924 Indian/I n d i ge- to 1948. nous/Integrated Medicine. 94.Madras Ayurvedic College, Ayurveda Bhushan Madras. Ayurveda Bhishagwara 95.Venkataramana Ayurvedic Vaidya Visharada College, Madras Mylapore, 96.Board of Examinors in Higher Proficiency H.P.I.M. Up to 1955 Indian/Indigenous/Inte- in Indian Indigenous/ grated Medicine, Madras. Integrated Medicine. 97.University of Madras, Ayurveda-Shiromani Madras. Batchelor of Indian B.I.M. Up to 1965 Medicine (Siddha). 98.University of Madurai Bachelor, of Indian B.I.M. From 1966 Medicine (Siddha). onwards. Uttar Pradesh 99.Banaras Hindu University, Ayurved Shastracharya From 1925 Varanasi. to 1932. Ayurvedacharya in A.M.S. From 1934 to Medicine, and to 1953 surgery. Ayurvedacharya with A.M.S. From 1934 Modern Medicine and to 1953. Surgery. Doctor of Ayurvedic D.Ay.M. From 1967 Medicine. onwards. Ayurvedacharya, A.B.M.S. From 1954 Bachelor of Medicine to 1967 and Surgery. 100.Lucknow University, Bachelor of Ayurveda B.A.M.M.S. From 1960 Lucknow. with Modern Medicine onwards. and Surgery. 163 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Bachelor of Medicine B.M.B.S.From 1955 and Bachelor of to 1964. Surgery. 101.Ayurvedic College, Guru- Ayurveda-Alankara From 1926 kul University, Kangari to 1956. (Hardwar). Ayurveda Vachaspati 102.Gurukul Vidyalaya, Ayurved-Shiromani From 1916 Vrindaban. 1967. Ayurveda-Bhusan From 1944 to 1967. 103.Rishikul A y u r v e- Ayurved Visharad d i c College, Hardwar. Vaidya Visharad | Vaidya Shastri | ---- Up to 1945. Ayurved Shastri | Ayurvedacharya | 104.Lalit Hari Ayurvedic Vaid Bhushan | ---- Up to 1944. College, Pilibhit. Vaid Raj | 105.Hindi Sahitya Sammelan, Vaidya Visharad From 1931 Prayag. to 1967. Ayurved-Ratna From 1931 to 1967. 106.Jawalapur Mahavidya- Ayurved Bhashar From 1950 laya, Hardwar. (Jawalapur) Centre to 1967. 107.Board of Indian Medi- Diploma in Indigenous D.I.M. From 1932 dine, Uttar Pradesh, Medicine. to 1944, Lucknow. Diploma in Indigenous D.I.M.S. From 1943 Medicine and Surgery. to 1946. Bachelor of Indian B.I.M.S. From 1947 Medicine and Surgery. to 1956. Ayurvedacharya A.M.B.S. From 1957 Bachelor of Medicine to 1966. and Surgery. Ayurvedacharya Ayurve- From 1959 (Bachelor of Ayurved dacharya onwards. with Medicine and (B.A.M.S.) Surgery. 164 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- West Bengal 108.Shyamadas Vaidya Shas- Vaidya Shastri From 1926 trapith Parishad, Cal- to 1940. cutta. 109.Jamini Bhushan Ash- Bishagacharya M.A.M.S. From 1930 tanga Ayurved Vidya- Ayurvedic Medi- to 1940. laya, Calcutta. cine and Surgery). 110.Jamini Bhushan Ash- Bhishagaratna L.A.M.S. From 1920 tanga Ayurved Vidya- (Licentiate in to 1940. laya, Calcutta. Ayurvedic Medicine and Surgery). 111.General Council and Vaidya Shiromani M.A.S.F. From 1940 State Faculty of Ayur- (Member of the to 1949. vedic Medicine, West Ayurvedic State Bengal (Now Paschim Faculty). Bangal Ayurveda Pari- shad), Calcutta. Vaidyabhushan From 1940 to 1945. Vaidyabhushan(Li- L.A.S.F. From 1947 centiate Ayurvedic onwards. State Faculty). Ayurvedtirtha(Me- M.A.S.F. From 1947 mber of the Ayurv- onwards. edic State Faculty). Ayurvedtirtha(Ay- A.S.F. From 1946 urvedic State onwards. Faculty). Pranacharya F.A.S.F. 112.Ayurvidya Pratisthan, Bhishagaratna From 1930 Calcutta. to 1940. Bhishagacharya From 1930 to 1940. 113.Ganga Charan Ayurved Ayurvedshastri From 1928 vidyalaya, Calcutta. to 1940 Ayurvedshastri From 1928 to 1940. 114.Maharaja Cossimbazar Ayurvedshastri A.M.B. From 1927 Govindasundari Ayur- (Bachelor in Ayur- to 1940. vedic College, Calcutta. vedic Medicine) 165 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Ayurvedacharya A.M.D. From 1927 (Master of Ayurv- to 1940. edic Medicine Doctor. 115.Vishwanath Ayurved Bhhishagaratna D.A.M.S. From 1932 Mahavidyalaya, Calcutta. (Diploma in Ayurv- to 1940. edic Medicine and Surgery.) Vaidyashiromani B.A.M.S. From 1932 (Bachelor of Ayur- to 1940. vedic Medicine and Surgery). (Master of Ayurv- M.A.M.S. From 1932 edic Medicine and to 1940. Surgery). 1[116.University of Calcutta. Ayurvedacharya B.A.M.S. From 1982 Calcutta. (Bachelor of Ayur- onwards. vedic Medicine and Surgery). PART UNANI PART II.-UNANI Andhra 1.Islamia Arabic Tibbi Tabib-e-Kamil College, Kurnool (A.P.) 2.Nazamia Tibbi College, Bachelor of Unani B.U.M.& S. Hyderabad. Medicine and Surgery. Tabib-e-Mustanad Graduate of the G.C.U.M. college of Unani Medicine. Bihar 3.State Faculty of Ayurvedic Graduate in Unani G.U.M.S From 1953 and Unani Medicines, Patna Medicine and Surgery. onwards. Bihar. Delhi 4.Board of Ayurvedic and (Bachelor in In- B.I.M.S. From 1958 Unani Systems of Medicine dian Medicine and to 1963. Delhi. Surgery). Fazil-i-tib-o-Jarahat. (Diploma in Ind- D.I.M.S. From 1956 ian Medicine and to 1963. Surgery). Kamil-i-tib-o-Jarahat. 5.Ayurvedic and Unani Tibbia Fazil-i-tib-o-Jarahat. Up to 1958. College, Delhi. Kamil-i-tib-o-Jarahat Up to 1958. 1. Ins by notifin No. S. O. 4057 dated 14-8-1985 166 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- 6.Jamia Tibbia, Delhi. Akmal-ul-Hukma Up to 1958 Afzal-ul-Hukma Up to 1958 7.Examining body,Ayurvedic Fazil-i-tib-o-Ja- B.I.M.S. From 1963 and Unani Systems of rahat (Bachelor onwards. Medicine, Delhi. Indian Medicine and Surgery). Jammu and Kashmir 8.Jammu and Kashmir Bachelor of Unani B.U.M.S. From 1966 University Medicine and onwards. Surgery. Madhya Pradesh 9.Asipha Tibbia college, Hakim-Kamul Bhopal. Tibbi-e- Kammil Maharshtra 10.Faculty of Ayurvedic and Mahir-e-Tibb-o- D.U.S.F. Unani Systems of Medicine, Jarahat (Bombay) Maharashtra. 11.Board of Examiners in Mahir-e-Tibb-o- M.T.J. From 1942 Unani. Jarahat. (Bombay) to 1943. 1[11B.University of Bombay, Kamile-Tibo B.U.M.S. From 1984 Bombay. Jarahat(Bachelor onwards.] of Unani Medicine and Surgery. Mysore 12.Board of Studies in Indian Tabib-e-Hasaq(Li- L.U.M.S. From 1958 Medicine, Mysore,Banglore. centiate in Unani onwards. Medicine and Surgery). 13.Government Ayurvedic and Tabib-e-Hasaq(Li- L.U.M.S. From 1928 Unani College (College of centiate in Unani to 1953. Indian Medicine),Mysore. Medicine and Surgery0. 14.Central Board of Indian Tibib-e-Hasaq(Li- L.U.M.S. From 1953 Medicine,Mysore,Bangalore. centiate in Unani to 1958. Medicine and Surgery). 15.Government Ayurvedic U.M.S. School, Mysore. ---------------------------------------------------------------------- 1. Ins. by Notifn No. S.O. 3404 dt. 5.7.1985 ---------------------------------------------------------------------- 167 --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- Tamil Nadu, 16. Government College of Licenciate in L.I.M. I n d i a n/ Indigenous/ Indian/Indigenous/ Integrated Medicine, Integrated Medicine. Madras. Medicine. Graduate of the G.C.I.M. college of Indian/ Indigenous/Integr- ated Medicine. 17.Board of Examiners in Higher Proficien- H.P.I.M. I n d i a n/Indigenous/ cy in Indian/Ind- Integrated Medicine. igenous/Integrated Medicine. Punjab 1[18.Bhupinder Haziq-ul-hukma H.U.H. From 1927 to 1950. Mahir-i-Tib-o- M.T.J. From 1927 Jarahat Tibbi College Patiala Tibbe-e-Akmal T.A. From 1936 to 1950.] 19.Ayurvedic and Unani Tibbi Kamil-ul-Tibbi. K.U.T. | College, Amritsar. Fazil-ul-Tibbi F.U.T. |-- Up to 1947. Umdho-Dal-Hukma H.D.H. | Vedic and Unani Tibbi College, Amrtisar. Rajasthan 20.Rajputana Ayurvedic and Amd-Tul-Hukma From 1951 Unani Tibbi College,Jaipur onwards. Tabib-Fazil From 1951 onwards. 2[20A.Board of Indian Medicine Kamile-Tibo B.U.M.S. From 1981 Rajasthan, Jaipur. (Bachelor of onwards.] Unani Medicine and Surgery). 21.Muslim University Aligarh. Diploma in Indian D.I.M.S. From 1927 Medicine and to 1943. Surgery. Diploma in Unani D.U.M.S. From 1944 Medicine and to 1946. Surgery Bachelor of Unani B.U.T.S. From 1953 Medicine and onwards. surgery. Bachelor of Unani B.U.T.S. From 1947 Tib and Surgery. to 1952 22.Board of Indian Medicine, Diploma in Indig- D.I.M. From 1932 Uttar Pradesh, Lucknow. enous Medicine. to 1944. Diploma in Indig- D.I.M.S. From 1943 enous Medicine to 1946. and Surgery. Bachelor of Ind- B.I.M.S. From 1947 ian Medicine and to 1956. Surgery. Fazil-Ut-Tib F.M.B.S. From 1957 (Bachelor of onwards. Medicine and Surgery). 168 SCHE (See section 15) THE THIRD SCHEDULE (See section 15) Qualifications granted by certain medical institutions before 15th August, 1947 in areas which comprised within India as defined in the Government of India Act, 1935. --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- PART AYURVEDA AND SIDDHA PART I.-AYURVEDA AND SIDDHA 1.Dayanand Ayurvedic Vaidya vachaspati Before 1947. College, Lahore. Vaidya Kaviraj Before 1947. 2.Sanatan D h a r a m Vaidya Shastri Before 1947. Premgiri Ayurvedic College, Lahore. Shri Ayurvedacharya Before 1947. Shri Vaid Kaviraj Before 1947. 3.Manmohan Chatuspati, Ayurvedshastri | Dacca. |---- 1920-1940. Ayurvedratna | PART UNANI PART II. --UNANI 1.The Islamia College,Lahore Hakim-i-Haziq Zubdatul-Hukma 2.Tibbia College, Lahore. Hasiq-ul-Hukma H.U.H. Up to 1947. Mahir-Tibo- M.T.J. Up to 1947. Jarahat Hakim-i-Haziq H.H. Up to 1947. 169 SCHE (See section 16) THE FOURTH SCHEDULE (See section 16) Qualifications granted by medical institutions in countries with which there is a scheme of recirocity --------------------------------------------------------------------- Name of University, Board Recognised Abbreviation Remarks or medical institution Medical for Qualification Registration --------------------------------------------------------------------- 1 2 3 4 --------------------------------------------------------------------- AYURVEDA AND SIDDHA Government College of Diploma in D.I.M.S. Indigenous Systems of Indigenous Medicine, Ceylon. Medicine and Surgery.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.