Section 45

Date of patent.

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[(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.]
     (2) The date of every patent shall be entered in the register.
     (3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before 2[the date of publication of the application].

Notes

1. Subs. by Act 38 of 2002, s. 24, for sub-section (1) (we.f. 20-5-2003).
2. Subs. by Act 15 of 2005, s. 35, for certain words (we.f. 1-1-2005).

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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