8. Information and
undertaking regarding foreign applications.- (1)
Where an applicant for a patent under this Act is prosecuting
either alone or jointly with any other person an application
for a patent in any country outside India in respect of the
same or substantially the same invention, or where to his
knowledge such an application is being prosecuted by some
person through whom he claims or by some person deriving title
from him, he shall file along with his application *[or subsequently
**[within the prescribed period as the Controller may allow]
-
*[(a) a statement setting out detailed particulars of such
application; and;]
(b) an undertaking that, **[up to the date of grant of patent
in India], he would keep the Controller informed in writing,
from time to time, of *[detailed particulars as required under]
clause (a) in respect of every other application relating
to the same or substantially the same invention, if any, filed
in any country outside India subsequently to the filing of
the statement referred to in the aforesaid clause within the
prescribed time.
**[(2) At any time after an application for patent is filed
in India and till the grant of a patent or refusal to grant
of a patent made thereon, the Controller may also require
the applicant to furnish details, as may be prescribed, relating
to the processing of the application in a country outside
India, and in that event the applicant shall furnish to the
Controller information available to him within such period
as may be prescribed.]
*[Modified by Patents (Amendment) Act, 2002, section 7]
**[Substituted by Patents (Amendment) Act, 2005, section
6]
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