Patents Act, 1970
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TABLE OF CONTENTS
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CHAPTER I
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PRELIMINARY
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Section 1. Short title, extent and commencement
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Section 2. Definitions and interpretation
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CHAPTER II
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INVENTIONS NOT PATENTABLE
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Section 3. What are not inventions
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Section 4. Inventions relating to atomic energy not patentable
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Section 5. [Omitted]
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Section 6. Persons entitled to apply for patents
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Section 7. Form of application
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Section 8. Information and undertaking regarding foreign applications
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Section 9. Provisional and complete specifications
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Section 10. Contents of specifications
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Section 11. Priority dates of claims of a complete specification
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CHAPTER IV
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PUBLICATION AND EXAMINATION OF APPLICATIONS
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Section 11A. Publication of applications
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Section 11B. Request for examination
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Section 12. Examination of application
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Section 13. Search for anticipation by previous publication and by prior claim
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Section 14. Consideration of the report of examiner by Controller
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Section 15. Power of Controller to refuse or require amended applications, etc., in certain case
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Section 16. Power of Controller to make orders respecting division of application
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Section 17. Power of Controller to make orders respecting dating of application
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Section 18. Powers of Controller in cases of anticipation
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Section 19. Powers of Controller in case of potential infringement
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Section 20. Powers of Controller to make orders regarding substitution of applicants, etc.
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Section 21. Time for putting application in order for grant
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Section 22-24. [Omitted]
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CHAPTER IVA [Omitted]
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Section 24A-24F. [Omitted]
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CHAPTER V
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OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
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Section 25. Opposition to the patent
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Section 26. In cases of "obtaining" Controller may treat the patent as the patent of opponent
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Section 27. [Omitted]
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Section 28. Mention of inventor as such in patent
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CHAPTER VI
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ANTICIPATION
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Section 29. Anticipation by previous publication
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Section 30. Anticipation by previous communication to Government
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Section 31. Anticipation by public display, etc
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Section 32. Anticipation by public working
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Section 33. Anticipation by use and publication after provisional specification
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Section 34. No anticipation if circumstances are only as described in sections 29,30,31 and 32
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CHAPTER VII
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PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
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Section 35. Secrecy directions relating to inventions relevant for defence purposes
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Section 36. Secrecy directions to be periodically reviewed
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Section 37. Consequences of secrecy directions
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Section 38. Revocation of secrecy directions and extension of time
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Section 39. Residents not to apply for patents outside India without prior permission
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Section 40. Liability for contravention of section 35 or section 39
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Section 41. Finality of orders of Controller and Central Government
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Section 42. Savings respecting disclosure to Government
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CHAPTER VIII
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GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY
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Section 43. Grant of patents
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Section 44. Amendment of patent granted to deceased applicant
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Section 45. Date of patent
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Section 46. Form, extent and effect of patent
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Section 47. Grant of patents to be subject to certain conditions
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Section 48. Rights of patentees
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Section 49. Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India
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Section 50. Rights of co-owners of patents
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Section 51. Power of Controller to give directions to co-owners
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Section 52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him
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Section 53. Term of patent
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CHAPTER IX
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PATENTS OF ADDITION
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Section 54. Patents of addition
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Section 55. Term of patents of addition
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Section 56. Validity of patents of addition
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CHAPTER X
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AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
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Section 57. Amendment of application and specification or any document related thereto before Controller
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Section 58. Amendment of specification before Appellate Board or High Court
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Section 59. Supplementary provisions as to amendment of application or specification
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CHAPTER XI
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RESTORATION OF LAPSED PATENTS
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Section 60. Applications for restoration of lapsed patents
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Section 61. Procedure for disposal of applications for restoration of lapsed patents
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Section 62. Rights of patentees of lapsed patents which have been restored
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CHAPTER XII
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SURRENDER AND REVOCATION OF PATENTS
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Section 63. Surrender of patents
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Section 64. Revocation of patents
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Section 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
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Section 66. Revocation of patent in public interest
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CHAPTER XIII
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REGISTER OF PATENTS
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Section 67. Register of patents and particulars to be entered therein
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Section 68. Assignments, etc., not to be valid unless in writing and duly executed
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Section 69. Registration of assignments, transmissions, etc
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Section 70. Power of registered grantee or proprietor to deal with patent
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Section 71. Rectification of register by Appellate Board
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Section 72. Register to be open for inspection
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CHAPTER XIV
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PATENT OFFICE AND ITS ESTABLISHMENT
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Section 73. Controller and other officers
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Section 74. Patent office and its branches
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Section 75. Restriction on employees of patent office as to right or interest in patents
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Section 76. Officers and employees not to furnish information, etc
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CHAPTER XV
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POWERS OF CONTROLLER GENERALLY
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Section 77. Controller to have certain powers of a civil court
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Section 78. Power of Controller to correct clerical errors, etc
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Section 79. Evidence how to be given and powers of Controller in respect thereof
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Section 80. Exercise of discretionary powers by Controller
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Section 81. Disposal by Controller of applications for extension of time
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CHAPTER XVI
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WORKING OF PATENTS,COMPULSORY LICENCES AND REVOCATION
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Section 82. Definition of "patented articles" and "patentee"
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Section 83. General principles applicable to working of patented inventions
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Section 84. Compulsory licences
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Section 85. Revocation of patents by the Controller for non-working
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Section 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
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Section 87. Procedure for dealing with applications under sections 84 and 85
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Section 88. Powers of Controller in granting compulsory licences
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Section 89. General purposes for granting compulsory licences
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Section 90. Terms and conditions of compulsory licences
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Section 91. Licensing of related patents
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Section 92. Special provision for compulsory licences on notifications by Central Government
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Section 92A.Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
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Section 93. Order for licence to operate as a deed between parties concerned
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Section 94. Termination of compulsory licence
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Section 95-98. [Omitted]
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CHAPTER XVII
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USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL
GOVERNMENT
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Section 99. Meaning of use of invention for purposes of Government
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Section 100. Power of Central Government to use inventions for purposes of Government
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Section 101. Rights of third parties in respect of use of invention for purposes of Government
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Section 102. Acquisition of inventions and patents by the Central Government
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Section 103. Reference to High Court of disputes as to use for purposes of Government
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CHAPTER XVIII
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SUITS CONCERNING INFRINGEMENT OF PATENTS
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Section 104. Jurisdiction
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Section 104A. Burden of proof in case of suits concerning infringement
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Section 105. Power of court to make declaration as to non-infringement
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Section 106. Power of court to grant relief in cases of groundless threats of infringement proceedings
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Section 107. Defences, etc., in suits for infringement
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Section 107A. Certain acts not to be considered as infringement
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Section 108. Reliefs in suit for infringement
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Section 109. Right of exclusive licensee to take proceedings against infringement
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Section 110. Right of licensee under section 84 to take proceedings against infringement
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Section 111. Restriction on power of court to grant damages or account of profits for infringement
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Section 112. [Omitted]
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Section 113. Certificate of validity of specification and costs of subsequent suits for infringement thereof
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Section 114. Relief for infringement of partially valid specification
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Section 115. Scientific advisers
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CHAPTER XIX
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APPEALS TO THE APPELLATE BOARD
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Section 116. Appellate Board
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Section 117. Staff of Appellate Board
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Section 117A. Appeals to Appellate Board
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Section 117B. Procedure and powers of Appellate Board
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Section 117C. Bar of jurisdiction of courts, etc.
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Section 117D. Procedure for application for rectification, etc., before Appellate Board
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Section 117E. Appearance of Controller in legal proceedings
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Section 117F. Costs of Controller in proceedings before Appellate Board
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Section 117G. Transfer of pending proceedings to Appellate Board
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Section 117H. Power of Appellate Board to make rules
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CHAPTER XX
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PENALTIES
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Section 118. Contravention of secrecy provisions relating to certain inventions
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Section 119. Falsification of entries in register, etc
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Section 120. Unauthorised claim of patent rights
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Section 121. Wrongful use of words "patent office"
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Section 122. Refusal or failure to supply information
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Section 123. Practice by non-registered patent agents
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Section 124. Offences by companies
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CHAPTER XXI
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PATENT AGENTS
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Section 125. Register of patent agents
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Section 126. Qualifications for registration as patent agents
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Section 127. Rights of patent agents
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Section 128. Subscription and verification of certain documents by patent agents.
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Section 129. Restrictions on practice as patent agents
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Section 130. Removal from register of patent agents and restoration
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Section 131. Power of Controller to refuse to deal with certain agents
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Section 132. Savings in respect of other persons authorised to act as agents
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CHAPTER XXII
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INTERNATIONAL ARRANGEMENTS
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Section 133. Convention countries
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Section 134. Notification as to countries not providing for reciprocity
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Section 135. Convention applications
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Section 136. Special provisions relating to convention application
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Section 137. Multiple priorities
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Section 138. Supplementary provisions as to convention applications
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Section 139. Other provisions of Act to apply to convention applications
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CHAPTER XXIII
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MISCELLANEOUS
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Section 140. Avoidance of certain restrictive conditions
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Section 141. Determination of certain contracts
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Section 142. Fees
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Section 143. Restrictions upon publication of specification
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Section 144. Reports of examiners to be confidential
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Section 145. Publication of official journal
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Section 146. Power of Controller to call for information from patentees
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Section 147. Evidence of entries, documents, etc.
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Section 148. Declaration by infant, lunatic etc
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Section 149. Service of notices, etc., by post
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Section 150. Security for costs
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Section 151. Transmission of orders of courts to Controller
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Section 152. [Omitted]
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Section 153. Information relating to patents
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Section 154. Loss or destruction of patents
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Section 155. Reports of Controller to be placed before Parliament
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Section 156. Patent to bind Government
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Section 157. Right of Government to sell or use forfeited articles
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Section 157A. Protection of security of India
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Section 158. Power of High Courts to make rules
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Section 159. Power of Central Government to make rules
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Section 160. Rules to be placed before Parliament
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Section 161. [Omitted]
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Section 162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings
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Section 163. [Omitted]
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