WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/NI1 IINDIP12 
10 June 2005 
(05-2374) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
INDIA 
The present document reproduces the texe of the Patents (Amendment) Act, 2005, as notified 
by India under Article 63.2 of the Agreement by means of a communication from its delegation 
dated 1 June 2005. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
INDE 
Le present document contient le texte1 de la Loi de 2005 portant modification de la Loi sur les 
brevets, notifiee par l'Inde au titre de l'article 63:2 de l'Accord au moyen d'une communication de sa 
delegation datee du 1 er juin 2005. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
INDIA 
En el presente documento se reproduce el texto1 de la Ley de Patentes (modificada) de 2005, 
que la India ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo mediante una 
comunicaci6n de su delegaci6n de fecha lOde junio de 2005. 
1 In English only'/En anglais seulement.lEn ingles solamente. IP /N/1/INDIP /2 
Page 2 
MlNISTRY OF LAW AND JUSTICE 
(Legislative Department) 
New Delhi, the 5th April, 20051Chaitra 15,1927 (Saka) 
The following Act of Parliament received the assent of the President on 
4th April, 2005, and is hereby published for general information:-
THE PATENTS (AN1END11ENT) ACT, 2005 
No. 15 OF 2005 
An Act further to amend the Patents Act, 1970. [4th April, 2005.] 
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as 
follows:-
1. (1) This Act may be called the Patents (Amendment) Act, 2005. 
(2) Sub-clause (ii) of clause (a), and clause (b), of section 37, sections 41,42,47,59 to 
63 (both inclusive) and 74 shall come into force on such date as the Central Government may, 
by notification in the Official Gazette, appo"int; and the remaining provisions of this Act shall 
be deemed to have come "into force on the 1st day of January, 2005. 
390fl970 2. In section 2 of the Patents Act, 1970 (hereinafter referred to as the principal Act), "in 
sub-section (1),-
(a) after clause (ab), the followmg clause shall be inserted, namely:-
'(aba) "Budapest Treaty" means the Budapest Treaty on the International 
Recognition of the Deposit of Micro-organisms for the Purposes of Patent 
Procedure done at Budapest on 28th day of April, 1977, as amended and modified 
from time to time;'; 
(b) "in clause (d), for the words, brackets and figures "notified as such under sub 
section (1) of section 133", the words and figures "referred to as a convention country 
in section 133" shall be substituted; 
(e) clause (g) shall be omitted; 
(d) in clause (h),-Short title 
and 
commence­
ment. 
Amendment 
of section 2. 
(i) in sub-clause (iii), after the words and figures "the Companies Act, 1 of 1956 
1956", the word It; or" shall be inserted; 
(ii) after sub-clause (iii), the following sub-clause shall be inserted, 
namely:-
"(iv) by an institution wholly or substantially financed by the 
Government;" ; 
(iii) the words "and includes the Council of Scientific and Industrial 
Research and any other institution which is financed wholly or for the maj or part 
by the said Council;" shall be omitted; 
(e) for clause (i), the fonowing clause shall be substituted, namely:-
'(i) "High Court", in relation to a State or Union territory, means the High 
Court having territorial jurisdiction in that State or Union territory, as the case 
maybe;'; 
(j) for clause (ja), the following clause shall be substituted, namely:-
(ja) "inventive step" means a feature of an invention that involves technical 
advance as compared to the existing lmowledge or having economic significance or 
both and that makes the invention not obvious to a person skilled in the art;'; IP /N/1/IND1P 12 
Page 3 
(g) for clauses (I) and (m), the following clauses shall be substituted, namely:-
'(l) "new invention" means any invention or technology which has not 
been anticipated by publication in any document or used in the country or 
elsewhere in the world before the date of filing of patent application with complete 
specification, i.e. the subject matter has not fallen in public domain or that it does 
not form part of the state of the art; 
'(la) "Opposition Board" means an Opposition Board constituted under 
sub-section (3) of section 25; 
(m) "patent" means a patent for any invention granted under this Act'; 
(h) after clause (t), the folloWing clause shall be inserted, namely:-
(ta) "pharmaceutical substance" means any new entity involving one or 
more inventive steps;'. 
Amendment 3. In section 3 of the principal Act, for clause (d), the following shall be substitued, 
of section 3 namely:-
"(d) the mere discovery of a new form of a !mown substance which does not 
result in the enhancement of the !mown efficacy of that substance or the mere discovery 
of any new property or new use for a !mown substance or of the mere use of a !mown 
process, machine or apparatus unless such known process results in a new product or 
employs at least one new reactant. 
Explanation.-For the purposes of this clause, salts, esters, ethers, polymorphs, 
metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, 
combinations and other derivatives of !mown substance shall be. considered to be the 
same substance, unless they differ significantly in properties with regard to efficacy;". 
4. Section 5 of the principal Act shall be omitted. 
5. In section 7 of the principal Act,-
(a) after sub-section (lA) the following sub-section shall be inserted, namely:-
"(lB) The filing date of an application referred to in sub-section (lA) and 
its complete specification processed by the patent office as designated office or 
elected office shall be the international filing date accorded under the Patent 
Cooperation Treaty."; 
(b) in sub-section (3), for the word "owner", the word "person" shall be 
substituted; 
(c) for sub-section (4), the following sub-section shall be substituted, 
namely:-
"(4) Every such application (not being a convention application or an 
application filed under the Patent Cooperation Treaty designating India) shall be 
accompanied by a provisional or a complete specification." . 
6. In section 8 of the principal Act,-
Ca) in sub-section (1),-
(i) for the words "within such period as the Controller may, for good and 
sufficient reasons, allow", the words "within the prescribed period as the Controller 
may allow" shall be substituted; 
(ii) in clause (b), for the words "up to the date of the acceptance of his 
complete specification filed in India", the words "up to the date of grant of patent 
in India" shall be substituted; 
(b) for sub-section (2), the following sub-section shall be substituted, 
namely:-
"(2) At any time after an application for patent is filed in India and till the 
grant of a patent or refusal to grant of a patent made thereon, the Controller may 
also require the applicant to furnish details, as may be prescribed, relating to the 
processing of the application in a country outside India, and in that event the 
applicant shall furnish to the Controller information available to him within such 
period as may be prescribed.". Omission of 
section 5 
Amendment 
of section 7 
Amendment 
of section 8 IP IN /1 IIND/P 12 
Page 4 
Amendment 
of section 
10 
Amendment 
of section 
11 
Amendment 
of section 
l1A 7. In section 9 of the principal Act,-
(a) for sub-section 0), the following sub-section shall be substituted, namely:-
"(1) VVhere an application for a patent (not being a convention application 
or an application filed under the Patent Cooperation Treaty designating India) is 
accompanied by a provisional specification, a complete specification shall be 
filed within twelve months from the date of filmg of the application, and if the 
complete specification is not so filed, the application shall be deemed to be 
abandoned. "; 
(b) in sub-section (2), the following proviso shall be inserted at the end, 
namely:-
"Provided that the period of time specified under sub-section (1) shall be 
reckoned from the date offiling of the earliest provisional specification."; 
(e) for sub-section (3), the following sub-section shall be substituted, 
namely.-
"(3) 'Where an application for a patent (not bemg a convention application 
or an application filed under the Patent Cooperation Treaty designating India) is 
accompanied by a specification purporting to be a complete specification, the 
Controller may, if the applicant so requests at any time within twelve months 
from the date of filing of the application, direct that such specification shall be 
treated, for the purposes of this Act, as a provisional specification and proceed 
with the application accordingly."; 
(d) in sub-section (4), for the words "the acceptance of the complete specification", 
the words "grant of patent" shall be substituted. 
8. In section 10 of the principal Act,-
(a) in sub-section (3), for the words "before the acceptance of the application", 
the words "before the application is found in order for grant of a patent" shall be 
substituted; 
(b) in sub-section (4), in the proviso,-
(i) in clause (iij, for the words "the material to an authorised depository 
institution as may be notified by the Central Government in the Official Gazette", 
the words "the material to an international depository authority under the 
Budapest Treaty" shall be substituted; 
(iij for sub-clause (A), the following sub-clause shall be substituted, 
namely:-
"(A) the deposit of the material shall be made not later than the date 
of filing the patent application in India and a reference thereof shall be 
made in the specification within the prescribed period;"; 
(c) for sub-section (4A), the following sub-section shall be substituted, 
namely:-
"(4A) In case of an international application designating India, the title, 
description, drawings, abstract and claims filed with the application shall be 
taken as the complete specification for the purposes of this Act." . 
9. In section 11 of the principal Act,-
(a) after sub-section (3), the following sub-section shall be inserted, narnely:-
"(3A) Where a complete specification based on a previously filed 
application in India has been filed within twelve months from the date of that 
application and the claim is fairly based on the matter disclosed in the previously 
filed application, the priority date of that claim shall be the date of the previously 
filed application in which the matter was first disclosed. "; 
(b) in sub-section (lij, after the brackets and figure "(3),", the brackets, figure and 
letter "(3A)," shall be inserted. 
10. In section l1A of the principal Act,-
(a) for sub-sections (1) to (3), the following sub-sections shall be substituted, 
namely:-
. "(1) Save as otherwise provided, no application for patent shall ordinarily 
be open to the public for such period as may be prescribed. Amendment 
of section 9 IP /N11/INDIP 12 
Page 5 
(2) The applicant may, in the prescribed manner, request the Controller to 
publish his application at any time before the expiry of the period prescribed 
under sub-section (1) and subject to the provisions of sub-section (3), the 
Controller shall publish such application as soon as possible. 
(3) Every application for a patent shall, on the expiry of the period specified 
under sub-section (1), be published, except in cases where the application-
(a) in which secrecy direction is imposed under section 35; or 
(b) has been abandoned under sub-section (1) of section 9; or 
(c) has been withdrawn three months prior to the period specified 
under sub-s ection (1)."; 
(b) in sub-section (4), for the words "ofeighteen months", the words, brackets 
and figure "prescribed under sub-section (1)" shall be substituted; 
(e) after sub-section (6), the following sub-section shall be inserted, namely:-
"(7) On and from the date of publication of the application for patent and 
until the date of grant of a patent in respect of such application, the applicant 
shall have the like privileges and rights as if a patent for the invention had been 
granted on the date of publication of the application: 
Provided that the applicant shall not be entitled to institute any proceedings 
for infringement until the patent has been granted: 
Provided further that the rights of a patentee in respect of applications 
made under sub-section (2) of section 5 before the 1st day of January, 2005 shall 
accrue from the date of grant of the patent: 
Provided also that after a patent is granted in respect of applications made under 
sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable 
royalty from such enterprises which have made significant investment and were 
producing and marketing the concerned product prior to the 1st day of January, 2005 
and which continue to manufacture the product covered by the patent on the date of 
grant of the patent and no infringement proceedings shall be instituted against such 
enterprises. " . 
11. In section lIB of the pr.ncipal Act,-
(a) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) No application for a patent shall be examined unless the applicant or 
any other interested person makes a request in the prescribed manner for such 
examination within the prescribed period."; 
(b) sub-section (2) shall be omitted; 
(c) for sub-section (3), the following sub~sectio'n shall be substituted, 
namely:-
"(3) In case of an application in respect of a claim for a patent filed under 
sub-section (2) of section 5 before the 1st day of January, 2005 a request for its 
examination shall be made in the prescribed manner and within the prescribed 
period by the applicant or any other interested person."; 
(d) in sub-section (4),-
(i) the words, brackets and figure "or sub-section (2)" shall be omitted; 
(ii) for the proviso, the following proviso shall be substituted, namely:­
"Provided that-
(i) the applicant may, at any time after filing the application but 
before the grant of a patent, withdraw the application by making a 
request in the prescribed manner; and 
(ii) in a case where secrecy direction has been issued under 
section 35, the request for examination may be made within the 
prescribed period from the date of revocation of the secrecy 
direction. 11 • 
12. In section 12 ofthe principal Act,-
(a) in sub-section (1), for the words, brackets, figures and letter "under sub 
section (1) or sub-section (2) or sub-section (3) of section llB, the application and 
specification and other documents shall be referred to by the Controller", the words, 
brackets, figures and letter "under sub-section (J) or sub-section (3) of section lIB. 
the application and specification and other QOCUme;lts related thereto shall be re:erred 
at the earliest by the Controller" shall be substituted: Amendment 
of section 
l1B 
Amendment 
of section 
12. lP /NIl IINDIP 12 
Page 6 
Substitution 
of new 
sections for 
sections 14 
and 15. 
Consideration 
of the report 
of examiner 
by Controller. 
Power of 
Controller to 
refuse or 
require 
amended 
applications, 
etc., in 
certain cases. 
Amendment 
of section 
16. 
Amendment 
of section 17. 
Amendment 
of section 18. 
Amendment 
of section 
19. 
Substitution 
of new 
section for 
section 2l. 
Time for 
putting 
application 
in order for 
grant. (b) in sub-section (2), for the words "a period of eighteen months from the 
date of such reference", the words "such period as may be prescribed" shall be 
substituted. 
13. In section 13 of the principal Act, in sub-section (3), for the words "it has been 
accepted", the words "the grant of a patent" shall be substituted. 
14. For sections 14 and 15 of the principal Act, the following sections shall be 
substituted, namely:-
"14. Where, in respect of an application for a patent, the report of the exanliner 
received by the Controller is adverse to the applicant or requires any amendment of the 
application, the specification or other documents to ensure compliance 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 as expeditiously as possible the gist of the objections to the applicant 
and shall, if so required by the applicant within the prescribed period, give him an 
opportunity of being heard. 
15. Where the Controller is satisfied that the application or any specification or 
any other document filed in pursuance thereof does not comply with the requirements 
of this Act or of any rules made thereunder, the Controller may refuse the application or 
may require the application, specification or the other documents, as the case may be, 
to be amended to his satisfaction before he proceeds with the application and refuse 
the application on failure to do so.". 
15. In section 16 of the principal Act,-
(a) in sub-section (1), for the words "before the acceptance of the complete 
specification", the words "before the grant of the patent" shall be substituted; 
(b) for the Explanation, the following Explanation shall be substituted, 
namely:-
"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 first mentioned application had been filed, and the 
further application shall be proceeded with as a substantive application and be 
examined when the request for examination is filed within the prescribed period.". 
16. In section 17 of the principal Act, in sub-section (l), for the words "before acceptance 
of the complete specification", the words "before the grant of the patent" shall be substituted. 
17. In section 18 of the principal Act,-
(a) in sub-section (1), for the words "to accept the complete specification", the 
words "the application" shall be substituted; 
(b) sub-section (4) shall be omitted. 
18. In section 19 of the principal Act, in sub-section (1), for the words and figures "by 
the foregoing provisions of this Act or of proceedings under section 25", the words "under 
this Act" shall be substituted. 
19. For section 21 of the principal Act, the following section shall be substituted, 
namely:-
"21. (1) An application for a patent shall be deemed to have been abandoned 
unless, within such period as may be prescribed, 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 from the date on 
which the first statement of objections to the application or complete specification or 
other documents related thereto is fonvarded to the applicant by the Controller. 
Explanation.-vVhere the application for a patent or any specification or, in the 
case of a convention application or an application filed under the Patent Cooperation Amendment 
of section 
13 IP /N/1/IND/P /2 
Page 7 
Treaty designating India 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 or the applicant proves to the satisfaction of the Controller that for the reasons 
beyond his control such document could not be re-filed. 
(2) If at the expiration of the period as prescribed under sub-section (f),-
(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 period as prescribed under sub-section (1), be extended until 
such date as the High Court may determine. 
(3) If the time within which the appeal mentioned in sub-section (2) may be 
instituted has not expired, the Controller may extend the period as prescribed under 
sub-section (1), to 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.". 
20. Sections 22 to 24 of the principal Act shall be omitted. 
21. Chapter IV A of the principal Act shall be omitted. 
22. In Chapter V of the principal Act, for the Chapter heading "oPPOsmON TO GRANT OF 
PATENT", the Chapter heading "OPPOSITION PROCEEDINGS TO GRANT OF PATENTS" shall be 
substituted. 
23. For sections 25 and 26 of the principal Act, the following sections shall be substituted, 
namely:-
"25. (1) Where an application for a patent has been published but a patent has 
not been granted, any person may, in writing, represent by way of opposition to the 
Controller against the grant of patent on the ground-
( 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 1 st day of January, 1912; or (ii) in India or 
elsewhere, in any other document: Provided that the ground specified 
in sub-clause (h) 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; 
(e) 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, being a claim of which the priority date is earlier 
than that ofthe applicant's claim; Omission of 
sections 22 
to 24 
Omission of 
ChapterIVA 
Substitution 
of new 
heading for 
heading of 
Chapter V 
Substitution 
of new 
sections for 
sections 25 
and 26 
Opposition 
to the 
patent IP /NI lIINDIP 12 
Page 8 
(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; 
(j) that the subject of any claim of the complete specification is not an 
invention within the meaning of this Act, or is not patentable un:der 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 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; 
0) that the complete specification does not disclose or wrongly mentions 
the source or geographical origin of biological material used for the invention; 
(k) that the invention so far as claimed in any claim of the complete 
specification is anticipated having regard to the lmowledge, oral or otherwise, 
available within any local or indigenous community in India or elsewhere, 
but on no other ground and the Controller shall, if requested by such person for being heard, 
hear him and dispose of such representation in such manner and within such period as may 
be prescribed. 
(2) At any time after the grant of patent but before the expiry of a period of one 
year from the date of publication of grant of a patent, any person interested may give 
notice of opposition to the Controller in the prescribed manner on any of the following 
grounds, namely:-
(a) that the patentee 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 claim of the patentee and filed in pursuance of an 
application for a patent in India, being a claim of which the priority date is earlier 
than that of the claim of the patentee; 
(d) that the invention so far as claimed in any claim of the complete 
specification was publicly lmown 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 granted 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 mvolve 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 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 patentee 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 patent granted on convention application, the 
application for patent was not made within twelve months from the date of the 
first application for protection for the invention made in a convention country or 
in India by the patentee or a person from whom he derives title; 
(j) that the complete specification does not disclose or wrongly mentions 
the source and geographical origin of biological material used for the invention; 
(k) that the invention so far as claimed in any claim of the complete 
specification was anticipated having regard to the knowledge, oral or othen:vise, 
available within any local or indigenous community in India or elsewhere, 
but on no other ground. 
(3) (a) Where any such notice of opposition is duly given under sub-section (2), 
the Controller shall notify the patentee. 
(b) On receipt of such notice of opposition, the Controller shall, by order in 
writing, constitute a Board to be known as the Opposition Board consisting of such 
officers as he may determine and refer such notice of opposition along with the 
documents to that Board for examination and submission of its recommendations to 
the Controller. 
(e) Every Opposition Board constituted under clause (b) shall conduct the 
examination in accordance with such procedure as may be prescribed. 
(4) On receipt of the recommendation of the Opposition Board and after giving 
the patentee and the opponent an opportunity of being heard, the Controller shall 
order either to maintain or to amend or to revoke the patent. 
(5) While passing an order under sub-section (4) in respect of the ground 
mentioned in clause (d) or clause (e) of sub-section (2), the Controller shall not take 
into account any personal document or secret trial or secret use. 
(6) In case the Controller issues an order under sub-section (4) that the patent 
shall be maintained subject to amendment of the specification or any other document, 
the patent shall stand amended accordingly. 
26. (1) Where in any opposition proceeding under this Act the Controller finds 
that-
( a) 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 (2) of section 25 and revokes the patent on that ground, he may, on 
request by such opponent made in the prescribed manner, direct that the patent 
shall stand amended in the name of the opponent; 
(b) a part of an invention described in the complete specification was so 
obtained from the opponen~ he may pass an order requiring that the specification 
be amended by the exclusion of that part of the invention. 
(2) Where an opponent has~ before the date of the order of the Controller requiring 
the amendment of a complete specification refen'ed to in clause of sub-section IPINIllIND/P/2 
Page 9 
In cases of 
"obtaining" 
Controller 
may treat the 
patent as the 
patent of 
opponent. IP /N/1/INDIP /2 
Page 10 
Omission of 
section 27 
Amendment of 
section 28 
Amendment 
of section 31. 
Amendment 
of section 34. 
Amendment 
of section 35. 
Amendment 
of section 36. 
Amendment of 
section 37. 
Substitution of 
new section 
for section 39. 
Residents not 
to apply for 
patents 
outside India 
without prior 
permission. filed an application for a patent for an invention which included 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 far 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 patentee in the earlier application but for all other purposes the application of the 
opponent shall be proceeded with as an application for a patent under this Act.". 
24. Section 27 of the principal Act shall be omitted. 
25. In section 28 of the principal Act,-
(a) for sub-section (4), the following sub-section shall be substituted, namely:-
"(4) A request or claim under the foregoing provisions of this section shall 
be made before the grant of patent."; 
(b) sub-section (5) shall be omitted; 
(e) in sub-section (6), for the words, brackets and figure "Subject to the provisions 
of sub-section (5), where", the word "Where" shall be substituted. 
26. In section 31 of the principal Act, for the words "not later than six months", the 
words "not later than twelve months" shall be substituted. 
27. In section 34 of the principal Act, the words "to accept complete specification for a 
patent or" shall be omitted. 
28. In section 35 ofthe principal Act, in sub-section (3), for the words "acceptance of 
complete specification", the words "grant of patent" shall be substituted. 
29. In section 36 of the principal Act, in sub-section (1), for the words "twelve months", 
the words "six months" shall be substituted. 
30. In section 37 of the principal Act,-
(a) in sub-section (1),-
(i) in clause (a), for the words "to accept", the words "to grant" shall be 
substituted; 
(iz) for the proviso, the following proviso shall be substituted, namely:­
"Provided that the application may, subject to the directions, proceed up to 
the stage of grant of the patent, but the application and the 
specification found to be in order for grant of the patent shall not be 
published, and no patent shall be granted in pursuance of that application."; 
(b) in sub-section (2), for the words "is accepted", the words "is found to be in 
order for grant of the patent" shall be substituted. 
31. For section 39 of the principal Act, the following section shall be substituted, 
namely:-
"39. (1) No person resident in India shall, except under the authority of a written 
permit sought in the manner prescribed and 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 direction has 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 dispose of every such application within such period as 
may be prescribed: 
Provided that if the invention is relevant for defence purpose or atomic energy, 
t.~e Controller shall not grant pewit \vithout the prior consent of the Central Government. IP /N/1/INDIP /2 
Page 11 
(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.". 
32. In Chapter VIII of the principal Act, for the Chapter heading "GRANT AND SEALING OF 
PATENTS AND RIGHTS CONFERRED THEREBY", the Chapter heacling "GRANT OF PATENTS AND RIGHTS 
CONFERRED THEREBY" shall be substituted, 
33. For section 43 of the principal Act, the following section shall be substituted, 
namely:-
"43. (1) Where an application for a patent has been found to be in order for grant 
of the patent and either-
(a) the application has not been refused by the Controller by virtue of any 
power vested in him by this Act; or 
(b) the application has not been found to be in contravention of any of the 
provisions of this Act, 
the patent shall be granted as expeditiously as possible to the applicant or, in the case 
of ajoint application, to the applicants jointly, with the seal of the patent office and the 
date on which the patent is granted shall be entered in the register. 
(2) On the grant of patent, the Controller shall publish the fact that the patent has 
been granted and thereupon the application, specification and other documents related 
thereto shall be open for public inspection.". 
34. In section 44 of the principal Act, for the word "sealed", at both the places where it 
occurs, the word "granted" shall be substituted. 
35. In section 45 of the pri.Tlcipal Act, in sub-section (3), for the words "the date of 
advertisement of the acceptance of the complete specification", the words "the date of 
publication of the application" shall be substituted. 
36. In section 48 of the principal Act, the proviso shall be omitted. 
37. In section 52 of the principal Act,-
(a) in sub-section (I),-
(i) for the opening words "Where a patent has been revoked", the words 
and figures "Where the patent has been revoked under section 64" shall be 
substituted; 
(ii) for the word "court", wherever it occurs, the words "Appellate Board 
or court" shall be substituted; 
(b) in sub-section (2), for the word "court", occurring at both the places, the 
words "Appellate Board or court" shall be substituted. 
38. In section 53 of the principal Act,-
Ca) after sub-section (1), the following Explanation shall be inserted, namely:-
"Explanation.-For the purposes of this sub-section, the term of patent 
in case of International applications filed under the Patent Cooperation Treaty 
designating India, shall be twenty years from the international filing date accorded 
under the Patent Cooperation Treaty."; 
(b) in sub-section (2), for the words "or within that period as extended under this 
section", the words "or within such extended period as may be prescribed" shall be 
substituted; 
(e) sub-section (3) shall be omitted. 
39. In section 54 of the principal Act,-
(a) in sub-section (3), for the words "complete specification", occurring at both 
the places, the \,,rord "application" shall be substituted: Substitution 
of heading of 
Chapter VIII. 
Substitution of 
new section 
for section 
43. Grant of 
patents. 
Amendment 
of section 44. 
Amendment 
of section 45. 
Amendment 
of section 48 
Amendment 
of section 52. 
Amendment 
of section 53. 
Amendment 
of section 
54. IP!N1l IINDIP 12 
Page 12 
Amendment 
of section 
57. (b) for sub-section (4), the following sub-section shall be substituted, namely:-" 
"(4) A patent of addition shall not be granted before grant of the patent for 
the main invention. " . 
40. In section 57 of the principal Act,-
(a) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) Any application for leave to amend an application for a patent or a 
complete specification or a document related thereto under this section made 
after the grant of patent and the nature of the proposed amendment may be 
published. "; 
(b) in sub-section (4),-
(i) for the word "advertised", the word "published" shall be substituted; 
(ii) for the word "advertisement", the word "publication" shall be 
substituted; 
(c) for sub-section (6), the following sub-section shall be substituted, 
namely:-
"(6) The provisions of this section shall be without prejudice to the right 
of an applicant for a patent to amend his specification or any other document 
related thereto to comply with the directions of the Controller issued before the 
grant of a patent." . 
Substitution 
of new 41. For section 58 of the principal Act, the following section shall be substituted, 
namely:-
section for 
section 58 
Amendment 
of 
specification 
before 
Appellate 
Board or 
High Court. "58. (1) In any proceeding before the Appellate Board or the High Court for the 
revocation of a patent, the Appellate Board or the High Court, as the case may be, 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 Appellate Board or the High Court may think fit, and 
if in any proceedings for revocation the Appellate Board or the High Court decides that 
the patent is invalid, it may allow the specification to be amended under this section 
instead ofr-evoking the patent. 
(2) Where an application for an order under this section is made to the Appellate 
Board or 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 Appellate Board or the High Court. 
(3) Copies of all orders of the Appellate Board or the High Court allowing the 
patentee to amend the specification shall be transmitted by the Appellate Board or the 
High Court to the Controller who shall, on receipt thereof, cause an entry thereof and 
reference thereto to be made in the register." . 
Amendment 42. In section 59 of the principal Act, for sub-section (2), the following sub-section 
of section 59 shall be substituted, namely:-
"(2) Where after the date of grant of patent any amendment of the specification 
or any other documents related thereto is allowed by the Controller or by the Appellate 
Board or the High Court, as the case may be,-
(a) the amendment shall for all purposes be deemed to form part ofthe 
specification along with other documents related thereto; 
(b) the fact that the specification or any other documents related thereto 
has been amended shall ~e published as expeditiously as possible: and 330f1962 IP /N/1/INDIP /2 
Page 13 
(c) the right of the applicant or patentee to make amendment shall not be 
called in question except on the ground of fraud.". 
43. In section 60 of the principal Act, in sub-section (1), for the words, brackets and 
figures "prescribed period or within that period as extended under sub-section (3) of 
section 53", the words, figures and brackets "period prescribed under section 53 or within 
such period as may be allowed under sub-section (4) of section 142" shall be substituted. 
44. In section 61 of the principal Act, in sub-section (1), for the words "advertise the 
application", the words "publish the application" shall be substituted. 
45. In section 62 of the principal Act,-
(a) in sub-section (1), for the word "advertisement", the word "publication" shall 
be substituted; 
(b) in sub-section (2), for the words "date of the advertisement", the words "date 
of publication" shall be substituted. 
46. In section 63 of the principal Act,-
(a) in sub-section (2), for the word "advertisell
, the word "publish" shall be 
substituted; 
(b) in sub-section (3), for the words "such advertisement", the words "such 
publication" shall be substituted. 
47. In section 64 ofthe'principal Act, in sub-section (1), for the words "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 11 , the words "be revoked on a 
petition of any person interested or of the Central Government by the Appellate Board or on 
a counter-claim in a suit for infringement of the patent by the High Court" shall be substituted. 
48. For section 65 of the principal Act, the following section shall be substituted, 
namely:-
"65. (1) Where at any time after grant of a patent, the Central Government is 
satisfied that a patent is for an invention relating to atomic energy for which no patent 
can be granted under sub-section (1) of section 20 ofthe Atomic Energy Act, 1962, it 
may direct the Controller to revoke the patent, and thereupon the Controller, after 
giving notice, 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 revoke the patent. 
(2) In any proceedings under sub-section (1), the Controller may allow the patentee 
to amend the complete specification in such manner as he considers necessary instead 
of revoking the patent." . 
49. For section 68 of the principal Act, the following section shall be substituted, 
namely:-
"68. 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 duly executed.". 
50. In section 74 ofthe principal Act, for sub-section (2), the following sub-section 
shall be substituted, namely:-
"(2) The Central Government may, by notification in the Official Gazette, specify 
the name ofthe Patent Office. ". Amendment 
of section 60 
Amendment 
of section 61 
Amendment 
of section 62 
Amendment 
of section 63 
Amendment 
of section 64 
Substitution 
of new 
section for 
section 65 
Revocation 
of patent or 
amendment 
of complete 
specification 
on directions 
from 
Government 
in cases 
relating to 
atomic 
energy 
Substitution 
of new 
section for 
section 68 
Assignments, 
etc , not to 
be valid 
unless in 
writing and 
duly 
executed 
Amendment 
of section 
74. IP/N/1/INDIP/2 
Page 14 
A.mendment 
of section 78. 
Amendment 
of section 84. 51. In section 78 of the principal Act,-
(aJ in sub-section (4), for the word "advertised", the word "published" shall be 
substituted; 
(b) in sub-section (5), for the words "such advertisement", the words "such 
publication" shall be substituted. 
'52. In section 84 of the principal Act,-
(a) in sub-section (1), for the word "sealing", the word "grant" shall be substituted; 
(b) in sub-section (6), the following Explanation. shall be inserted at the end, 
namely,-
'Explanation.-For the purposes of clause (iv), "reasonable period" shall be 
Amendment construed as a period not ordinarily exceeding a period of six months. '. 
of section 87 53. In section 87 of the principal Act, in sub-section (J), for the words "shall advertise 
the application in the Official Gazette", the words "shall publish the application in the official 
Amendment journal" shall be substituted. 
of section 90. 54. In section 90 of the principal Act, in sub-section (J), for clause (vii), the following 
Insertion of 
new section 
92A. 
Compulsory 
licence for 
export of 
patented 
phannaceutical 
products in 
certain 
exceptional 
circumstances. 
Amendment 
ofsecuon 
100. clauses shall be substituted, namely:-
"(vii) that the licence is granted with a predominant purpose of supply in the 
Indian market and that the licensee may also export the patented product, if need be in 
accordance with the provisions of sub-clause (iii) of clause (a) of sub-section (7) of 
section 84; 
(viii) that in the case of semi-conductor technology, the licence granted is to 
work the invention for public non-commercial use; 
(ix) that in case the licence is granted to remedy a practice determined after 
judicial or administrative process to be anti-competitive, the licensee shall be pennitted 
to export the patented product, if need be.". 
55. After section 92 of the principal Act, the following section shall be inserted, 
narnely:-
'92A. (1) Compulsory licence shall be available for manufacture and export of 
patented pharmaceutical products to any country having insufficient or no 
manufacturing capacity in the pharmaceutical sector for the concerned product to 
address public health problems, provided compulsory licence has been granted by 
such country or such country has, by notification or otherwise, allowed importation of 
the patented pharmaceutical products from India. 
(2) The Controller shall, on receipt of an application in the prescribed manner, 
grant a compulsory licence solely for manufacture and export of the concerned 
pharmaceutical product to such country under such tenns and conditions as may be 
specified and published by him. 
(3) The provisions of sub-sections (1) and (2) shall be without prejudice to the 
extent to which pharmaceutical products produced under a compulsory licence can be 
exported under any other provision of this Act. 
, Explanation.-For the purposes of this section, "pharmaceutical products" 
means any patented product, or product manufactured through a patented process, of 
the pharmaceutical sector needed to address public health problems and shall be 
inclusive of ingredients necessary for their manufacture and diagnostic kits required 
for their use.'. 
56. In section 100 of the principal Act, in sub-section (3), for the words lithe acceptance 
of the complete specification in respect of the patent", the words "grant of the patent" shall 
be substituted. 380f2002 
380f2002. 
380f2002. 
380f2002. IF 1N1l1IND/P 12 
Page 15 
57. In section 105 of the principal Act, in sub-section (4), for the words "after the date 
of advertisement of acceptance of the complete specification ofa patent", the words "after 
the publication of grant of a patent" shall be substituted. 
58. In section 107A of the principal Act,-
(a) in clause (a),-
(0 for the words "using or selling", the words "using, selling or importing" 
shall be substituted; 
(ii) for the words "use or sale,", the words "use, sale or import" shall be 
substituted; 
(b) in clause (b), for the words "who is duly authorised by the patentee to sell or 
distribute the product", the words "who is duly authorised under the law to produce 
and sell or distribute the product" shall be substituted. Amendment 
of section 
105 
Amendment 
of section 
107A. 
59. In section 113 ofthe principal Act,- Amendment 
of section 
(a) for sub-section (1), the following sub-section shall be substituted, namely:- 113. 
"(1) If in any proceedings before the Appellate Board or a High Court for 
the revocation of a patent under section 64 and section 1 04, as the case may be, 
the validity of any claim of a specification is contested and that claim is found by 
the Appellate Board or the High Court to be valid, the Appellate Board or the 
High Court may certify that the validity of that claim was contested in those 
proceedings and was upheld."; 
(b) for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) Nothing contained in this section shall be construed as authorising 
the courts or the Appellate Board hearing appeals from decrees or orders in suits 
for infringement or petitions for revocation, as the case may be, to pass orders 
for costs on the scale referred to therein. ". 
60. In section 116 of the principal Act fas substituted by section 47 ofthe Patents 
(Amendment) Act, 2002J, in sub-section (2), clause (e) shall be omitted. 
61. In section 117 A of the principal Act [as inserted by section 47 of the Patents 
(Amendment) Act, 2002], in sub-section (2), for the words and figures "section 20, section 25, 
section 27, section 28", the words, figures and brackets "section 20, sub-section (4) of 
section 25, section 28" shall be substituted. 
62. In section 117D of the principal Act [as inserted by section 47 of the Patents 
(Amendment) Act~ 2002], in sub-section (1), for the words, "for rectification of the register'" 
the words and figures "for revocation of a patent before the Appellate Board under section 64 
and an application for rectification of the register" shall be substituted. 
63. For section 117G of the principal Act [as inserted by the Patents (Amendment) Act, 
2002], the following section shall be substituted, namely:-
" 117G All cases of appeals against any order or decision of the Controller and all 
cases pertaining to revocation of patent other than on a counter-claim in a suit for 
infringement and rectification of register pending before any High Court, shall be 
transferred to the Appellate Board from such date as may be notified by the Central 
Government in the Official Gazette and the Appellate Board may proceed with the 
matter either de novo or from the stage it was so transferred. ". 
64. In section ·120 of the principal Act, for the words, "ten thousand rupees", the words 
"one lakh mpees" shall be substituted. Amendment 
of section 
116. 
Amendment 
of section 
117A. 
Amendment 
of section 
117D. 
Substitution 
of new 
section for 
section 117G 
Transfer of 
pending 
proceedings 
to Appellate 
Board 
Amendment 
of section 
~20. IP /N1l/IND1P 12 
Page 16 
Amendment 
of section 
122. 
Amendment 
of section 
123. 
Amendment 
of section 
126. 
Substitution 
of new 
section for 
section 133. 
Convention 
countries. 
Amendment 
of section 
135. 
Amendment 
of section 
l38. 
Amendment 
of section 
142. 
Substitution 
of new 
section for 
section 143. 
Restrictions 
upon 
publication 
of 
spec;ification. 65. In section 122 of the principal Act, in sub-section (1), for the words "twenty 
thousand rupees", the words "ten lakh rupees" shall be substituted. 
66. In section 123 of the principal Act, for the words "ten thousand rupees in the case 
of a first offence and forty thousand rupees", the words "one lakh rupees in the case of a first 
offence and five lakh rupees" shall be substituted. 
67. In section 126 of the principal Act,-
(a) in sub-section (1), in clause (e), sub-clause (i) shall be omitted; 
(b) in sub-section (2), for the words, brackets and figures "the Patents 38 of 2002. 
(Amendment) Act, 2002", the words, brackets and figures "the Patents (Amendment) 
Act, 2005" shall be substituted. 
68. For section 133 of the principal Act, the following section shall be substituted, 
namely:-
"133. Any country, which is a signatory or party or a group of countries, union of 
countries or inter-governmental organisations which are signatories or parties to an 
international, regional or bi-Iateral treaty, convention or arrangement to which India is 
also a signatory or party and which affords to the applicants for patents in India or to 
citizens of India similar privileges as are granted to their own citizens or citizens to their 
member countries in respect of the grant of patents and protection of patent rights 
shall be a convention country or convention countries for the purposes of this Act.l!. 
69. In section 135 of the principal Act, after sub-section (2), the following sub-section 
shall be inserted, namely:-
"(3) In case of an application filed under the Patent Cooperation Treaty 
designating India and claiming priority from a previously filed application in India, the 
provisions of sub-sections (1) and (2) shall apply as if the previously filed application 
were the basic application: 
Provided that a request for examination under section lIB shall be made only for 
one of the applications filed in India. I! • 
70. In section 138 of the principal Act, for sub-section (1), the following sub-section 
shall be substituted, namely:-
"(1) "Where a convention application is made in accordance with the provisions 
of this Chapter, the applicant shall furnish, when required by the Controller, 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 as 
referred to in section 133 verified to the satisfaction of the Controller, within the 
prescribed period from the date of communication by the Controller." . 
71. In section 142 of the principal Act, in sub-section (4), for the words "the complete 
specification", the words "the applicationl! shall be substituted. 
72. For section 143 of the principal Act, the following section shall substituted, 
namely:-
"143. 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 before the expiration of the period prescribed 
under sub-section (1) of section IIA or before the same is open to public inspection in 
pursuance of sub-section (3) of section I1A or section 43.". IP /N/1/INDIP /2 
Page 17 
73. For section 145 of the principal Act, the following section shall substituted, 
namely:-
"145. The Controller shall publish periodically an official journal which shall 
contain such information as may be required to be published by or under the provisions 
of this Act or any rule made thereunder." . 
74. In section 151 of the principal Act,-
(a) in sub-section (1), for the words "the High Court", occurring at both the 
places, the words "the High Court or the Appellate Board" shall be substituted; 
(b) in sub-section (3), for the word "courts", the words "Appellate Board or the 
courts, as the case may be," shall be substituted. 
75 .. Section 152 of the principal Act shall be omitted. 
76. In section 159 of the principal Act,-(i) 
in sub-section (2),-
(a) for clauses (ia) and (ib), the following clauses shall be substituted, 
namely:-
"(ia) the period which the Controller may allow for filing of statement 
and undertaking for in respect of applications under sub-section (1), the 
period within which the details relating to processing of applications may 
be filed before the Controller and the details to be furnished by the applicant 
to the Controller under sub-section (2) of section 8; 
(ib) the period within which a reference to the deposit of materials 
shall be made in the specification under sub-clause (A) of clause (ii) of the 
proviso to sub-section (4) of section 10; 
(ie) the period for which application for patent shall not be open to 
the public under sub-section (1) and the manner in which the applicant 
may make a request to the Controller to publish his application under sub­
section (2) of section 11 A; 
(id) the manner of making the request for examination for an 
application for patent and the period within which such examination shall 
be made under sub-sections (1) and (3) of section lIB; 
(ie) the manner in which an application for withdrawal of an 
application for grant of a patent shall be made and the period within which 
a request for examination from the date of revocation of secrecy directions 
shall be made under the proviso to sub-section (4) of section llB."; 
(b) in clause (ii), for the word "advertised", the word "published" shall be 
substituted; 
(e) for clause (v), the following clauses shall be substituted, namely:­
"(v) the manner in which and the period within which the Controller 
shall consider and dispose off a representation under sub-section (1) of 
section 25; 
(va) the period within \vhich the Controller is required to dispose off 
an application under section 39:"; Substitution 
of new 
section for 
section 145. 
Publication 
of official 
journal. 
Amendment 
of section 
151. 
Omission 
of section 
152. 
Amendment 
of section 
159. IP INIlIINDIP 12 
Page 18 
(ii) in sub-section (3), the following proviso shall be added at the end, 
namely:-
"Provided that the Central Government may, if it is satisfied that the 
circumstances exist which render it practically not possible to comply with such 
condition of previous publication, dispense with such compliance.". 
Omission of 77. Section 163 of the principal Act shall be omitted. 
section 163 
Transitional 78. (1) Notwithstanding the omission of Chapter N A of the principal Act by section 21 
provision. of this Act, every application for the grant of exclusive marketing rights filed under that 
Chapter before the 1st day of January, 2005, in respect ofa claim for a patent covered Uo.l1der 
sub-section (2) of section 5 of the principal Act, such application shall be deemed to be 
treated as a request for examination for grant of patent under sub-section (3) of section lIB 
of the principal Act, as amended by this Act. 
Repeal and 
saving. (2) Every exclusive right to sell or distribute any article or substance in India granted 
before the 1st day of January, 2005 shall continue to be effective with the same terms and 
conditions on which it was granted. 
(3) Without prejudice to any of the provisions of the principal Act, the applications in 
respect of which exclusive rights have been granted before the 1 st day of January, 2005 shall 
be examined for the grant of patent immediately on the commencement of this Act. 
(4) All suits relating to infringement of the exclusive right granted before 1st day of 
January, 2005 shall be dealt with in the same manner as if they were suits concerning 
infringement of patents under Chapter XVIII of the principal Act. 
(5) The examination and investigation required as carried out for the grant of exclusive 
right shall not be deemed in any way to warrant the validity of any grant of exclusive right to 
sell or distribute, 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. 
79. (l) The Patents (Amendment) Ordinance, 2004 is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken under the principal 
Act, as amended by the said Ordinance shall be deemed to have been done or taken under the 
corresponding provisions of the principal Act, as amended by this Act. 
T.K.VISW ANATHAN, 
Secy, to the Govt. of India. Ord.7 of 
2004.