Section 151

Transmission of orders of courts to Controller.

The Patents Act, 1970

  • Act 39 of 1970
  • Ministry of Commerce and Industry
  • Department of Promotion of Industry and Internal Trade
About this Act

An Act to amend and consolidate the law relating to patents.

All sections
    (1) Every order of 1[the High Court 2***] on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by 1[the High Court 2***] to the Controller who shall cause an entry thereof and reference thereto to be made in the register.
     (2) Where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transmit a copy of its judgment and decree to the Controller who shall on receipt thereof cause an entry in relation to such proceeding to be made in the prescribed manner in a supplemental record.
     (3) The provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of 3[ the courts] referred to in those sub-sections.

Notes

1. Subs. by Act 15 of 2005, s. 74, for the High Court (w.e.f. 2-4-2007).
2. The words “or the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
3. Subs. by Act 33 of 2021, s. 13, for “the Appellate Board or the courts, as the case may be” (w.e.f. 4-4-2021).
4. Subs. by s. 74, ibid., for courts (w.e.f. 2-4-2007).

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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