(2) The Controller may, before proceeding to act upon any such request as is referred to in sub-section (1), refer the matter to the Central Government for directions as to whether the invention is one relating to atomic energy and shall act in conformity with the directions issued by it.
(3) Where in pursuance of any such application as is referred to in sub-section (1) a patent is granted, the rights of the patentee shall be subject to such conditions 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 before the date of advertisement of the acceptance of the complete specification.
(4) A patent granted in pursuance of any such application as is referred to in sub-section (1) shall be dated as of the date on which the request for reviving such application was made under sub-section (1).
162. Repeal of Art 2 of 1911 in so far as it relates to patents and savings
(1) The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall be amended in the manner specified in the Schedule.
(2) Notwithstanding the repeal of the Indian Patents and Designs Act, 1911, in so far as it relates to patents-
- a. the provisions of section 21A of that Act and of any rules made thereunder shall continue to apply in relation to any patent granted before the commencement of this Act in pursuance of that section, and
- b. the renewal fee in respect of a patent granted under that Act shall be as fixed thereunder.
(3) Save as otherwise provided in sub-section (2), the provisions of this Act shall apply to any application for a patent pending at the commencement of this Act and to any proceedings consequent thereon and to any patent granted in pursuance thereof.
(4) The mention of particular matters in this section shall not prejudice the general application of the General Clause Act, 1897, with respect of repeals.
(5) Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed.
163. 2 of 1911
In sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958, the words and figures "and the Controller of Patents and Designs for the purposes of the Indian Patents and Designs Act, 1911" shall be omitted.
THE SCHEDULE
(See Section 162)
AMENDMENTS TO THE INDIAN PATENTS AND DESIGNS ACT, 1911
- 1. Long title – Omit "Inventions and"
- 2. Preamble – Omit "inventions and"
- 3. Section 1 – In sub-section (1) omit "Indian Patents and".
- 4. Section 2-
- a. omit clause (1);
- b. in clause (2) omit "(as respects designs)";
