Indian Patents and Designs (Amendment) Act, 19201
| [Act No. 29 of 1920] | [2nd September, 1920] |
| [Repealed by Act 1 of 1938, S. 2 and Schedule] | [2nd September, 1920] |
Passed by the Indian Legislative Council.
An Act further to amend the Indian Patents and Designs Act, 1911.
Whereas it is expedient further to amend the Indian Patents and Designs Act, 1911 (2 of 1911); It is 3 hereby enacted as follows:-
1 Received the assent of the Governor General on the 2nd September, 1920.
1. Short title.- This Act may be called the Indian Patents and Designs (Amendment) Act, 1920.
2. Insertion of new section 78-A in Act II of 1911.- After section 78 of the Indian Patents and Designs Act, 1911, the following heading and section shall be inserted, namely:-
Reciprocal arrangements with the United Kingdom and other parts of His Majesty's dominions.
"78A. (1) Reciprocal arrangement with the United Kingdom and Other parts of his Majesty dominions and 7 Edw. VII c. 29.- If His Majesty is pleased by Order 1 in Council to apply such of the provisions of section 91 of the Patents and Designs Act, 1907, as relate to inventions or designs, to British India, then any is person who has applied for protection for any invention or design in the United Kingdom, shall be entitled to a patent for his invention or to registration of his design under this Act, in priority to other applicants; and the patent or registration shall have the same date as the date of the application in the United Kingdom:
Provided that-
(a) the application is made in the case of a patent within twelve months, and, in the case of a design, within four months from the application for protection in the United Kingdom: and
(b) nothing in this section shall entitle the patentee or the proprietor of the design to recover damages for infringements happening prior to the actual date on which, in the case of a patent, his application is accepted, or, in the case of a design, the design is registered, in British India.
(2) The patent granted for an invention or the registration of a design shall not be invalidated-
(a) in the case of a patent, by reason only of the publication of a description of, or use of, the invention, or
(b) in the case of a design, by reason only of the exhibition or use of, or the publication of a description or representation of, the design,
in British India during the period specified in this section as that within which the application may be made.
(3) The application for the grant of a patent or the registration of a design under this section must be made in the same manner as an ordinary application under this Act:
Provided that, in the case of a patent, if the application is not accepted within twelve months from the date of the application for protection in the United Kingdom, the specification and the drawings (if any) supplied therewith shall be open to public inspection at the expiration of that period.
(4) Where it is made to appear to the Governor, General in Council that the legislature of any other part of His Majesty's dominions has made satisfactory provision for the protection of inventions or designs, patented or registered in British India, the Governor General in Council may, by notification in the Gazette of India, 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 inventions or designs patented or registered in that part of His Majesty's dominions."