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Section 8 – The Patents Act,1970

The Patents Act,1970

Section 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 2[within the prescribed period as the Controller may allow]]

3[(a) a statement setting out detailed particulars or such application; and]

(b) an undertaking that, 4[up to the date of grant of patent in India,] he would keep the Controller informed in writing, from time to time, of 5[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.

1[(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 perscribed.]

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1. Substituted by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

2. Substituted for “within such period as the Controller may, for good and sufficient reasons, allow” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

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

4. Substituted for “up to the date of the acceptance of his complete specification filed in India” by the Patents (Amdt.) Act,2005, w.e.f. 1-1-2005.

5. Substituted for “details of the nature referred to in” by Patents (Amdt.) Act,2002, w.e.f. 20-5-2003 vide S.O. 561(E),dt. 20-5-2003.

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The Patents Act,1970

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