19. Powers of Controller
in case of potential infringement.- (1) If, in consequence
of the investigations required *[under this Act] or of proceedings
under section 25, it appears to the Controller that an invention
in respect of which an application for a patent has been made
cannot, be performed without substantial risk of infringement
of a claim of any other patent, he may direct that a reference
to that other patent shall be inserted in the applicant's
complete specification by way of notice to the public, unless
within such time as may be prescribed-
(a) the applicant shows to the satisfaction of the Controller
that there are reasonable grounds for contesting the validity
of the said claim of the other patent; or
(b) the complete specification is amended to the satisfaction
of the Controller.
(2) Where, after a reference to another patent has been inserted
in a complete specification in pursuance of a direction under
sub- section (1)-
(a) that other patent is revoked or otherwise ceases to be
in force; or
(b) the specification of that other patent is amended by
the deletion of the relevant claim; or
(c) it is found, in proceedings before the court or the Controller,
that the relevant claim of that other patent is invalid or
is not infringed by any working of the applicant's invention,
the Controller may, on the application of the applicant, delete
the reference to that other patent.
*[Substituted by Patents (Amendment) Act, 2005, section 18]
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