Act 017 of 1999 : Patents (Amendment) Act, 1999

Preamble

Patents (Amendment) Act, 19991

[Act 17 of 1999, Repealed by Act 23 of 2016*][26th March, 1999]

An Act further to amend the Patents Act, 1970

Be it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:-

1 Published in the Gazette of India, Extra., Part II, Section 1, dt. March 26, 1999, Sl. No. 22.

* Ed.: Act 17 of 1999 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016:

"4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Patents (Amendment) Act, 1999.

(2) It shall be deemed to have come into force on the 1st day of January, 1995.

Section 2. Amendment of Section 5

2. Amendment of Section 5.- [Inserted in parent Act].

Section 3. Insertion of new Chapter IV-A

3. Insertion of new Chapter IV-A.- [Inserted in parent Act].

Section 4. Omission of Section 39

4. Omission of Section 39.- [Inserted in parent Act].

Section 5. Amendment of Section 40

5. Amendment of Section 40.- [Inserted in parent Act].

Section 6. Amendment of Section 64

6. Amendment of Section 64.- [Inserted in parent Act].

Section 7. Amendment of Section 113

7. Amendment of Section 113.- [Inserted in parent Act].

Section 8. Insertion of new Section 157-A

8. Insertion of new Section 157-A.- [Inserted in parent Act].

Section 9. Repeal and Savings

9. Repeal and Savings.- (1) The Patents (Amendment) Ordinance, 1999 (Ord. 3 of 1999) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the Patents (Amendment) Ordinance, 1994 (Ord. 13 of 1994) which ceased to operate, or under the Patents (Amendment) Ordinance, 1999 (Ord. 3 of 1999) shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.

(3) All applications made in respect of claims for patent of invention specified under sub-section (2) of Section 5 of the principal Act, from the date of cesser of the Patents (Amendment) Ordinance, 1994 (Ord. 13 of 1994) till the date on which this Act receives the assent of the President (both days inclusive) shall be deemed to have been validly made as if the provisions of the principal Act, as amended by this Act, had been in force at all material times.

SECTIONS