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Bare acts > Patents (Amendment) Act, 2005 > Section 76
 
  


 

76. Amendment of section 159.-In section 159 of the principal Act,-


(i) in sub-section (2),-

(a) for clauses (ia) and (ib), the following clauses shall be substituted, namely:-

"(ia) the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8;

(ib) the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10;

(ic) the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under sub-section (2) of section 11A;

(id) the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B;

(ie) the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.";

(b) in clause (ii), for the word "advertised", the word "published" shall be substituted;

(c) for clause (v), the following clauses shall be substituted, namely:-

"(v) the manner in which and the period within which the Controller shall consider and dispose off a representation under sub-section (1) of section 25;

(va) the period within which the Controller is required to dispose off an application under section 39;";

(ii) in sub-section (3), the following proviso shall be added at the end, namely:-

"Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.".

 

 

 

 

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