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Section 142 – The Patents Act,1970

The Patents Act,1970

Section 142. Fees

(1) There shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the grants of patents under this Act, such fees as may be prescribed by the Central Government.

(2) Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall not do that act until the fee has been paid.

1[(3) Where a fee is payable in respect of the filing of a document at the patent office, the fee shall be paid along with the document or within the prescribed time and the document shall be deemed not to have been filed at the office if the fee has not been paid within such time.]

(4) Where a principal patent is granted later than two years from the date of filing of the 2[the application], the fees which have become due in the meantime may be paid within a term of three months from the date of the recording of the patent in the register 3[or within the extended period not later than nine months from the date of recording.]

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1. Substituted by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561(E), dt. 20-5-2003.

2. Substituted for “complete specification” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

3. Inserted by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561(E), dt. 20-5-2003.

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