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The Patents Act 1970

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Sunanda K. Chavan
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The Patents Act 1970 - October 28th, 2010

It extends to the whole of India. Person who can apply for patents:
1. Is the first inventor of the invention
2. Is any person being an assignee of the person who claims to be the first invention
3. Is any representative of any deceased person who immediately, before his death was entitled to make such an application
Application has to be for one invention only and has to be made in the prescribed form and filed in the patent office.
When a provisional application is made, a complete specification has to be filed within 12 months otherwise the application is deemed to be abandoned.
Every International application under the Patent Co-operation Treaty for a patent may be filed designating India only if a corresponding application has also to be filed before the Controller in India. The date of filing in both the places has to be same.
The controller can ask for any details relating to the processing of the application of a patent outside India:
• No resident to apply for patent outside India without prior permission
The controller has the power to decide on matters of infringement if any.
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