TMI BlogEXTRACTS FROM THE PATENTS ACT, 1970 (39 OF 1970)X X X X Extracts X X X X X X X X Extracts X X X X ..... or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the Appellate Board or 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 Appellate Board or 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 Appellate Board or 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 Appellate Board or 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the patent by the High Court on any of the following grounds, that is to say- * * * * * Rectification of register by Appellate Board. 71. (1) The Appellate Board may, on the application of any person aggrieved- (a) by the absence or omission from the register of any entry; or (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 Appellate Board 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 Appellate Board 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 Board. (4) Any order of the Appellate Board under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years, functioned as a Registered Patent Agent and possesses a degree in engineering or technology or a masters degree in science from any University established under law for the time being in force or equivalent. Staff of Appellate Board. 117. (1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Appellate Board in the discharge of its functions under this Act and provide the Appellate Board with such officers and other employees as it may think fit. (2) The salaries and allowances and conditions of service of the officers and other employees of the Appellate Board shall be such as may be prescribed. (3) The officers and other employees of the Appellate Board shall discharge their functions under the general superintendence of the Chairman of the Appellate Board in the manner as may be prescribed. Appeals to Appellate Board. 117A. (1) * * * * * (2) An appeal shall lie to the Appellate Board from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19, section 20, sub-section (4) of section 25, sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments, modifications, conditions or limitations, or (ii) which has been opposed and the Controller considers that his appearance is necessary in the public interest, and the Controller shall appear in any case if so directed by the Appellate Board. (2) Unless the Appellate Board otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding. Costs of Controller in proceedings Before Appellate Board. 117F. In all proceedings under this Act before the Appellate Board, the costs of the Controller shall be in the discretion of the Board, but the Controller shall not be ordered to pay the costs of any of the parties. Transfer of pending proceedings to Appellate Board. 117G. All cases of appeals against any order or decision of the Controller and all case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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