The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, FRIDAY, OCTOBER 1, 1948
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi, the 1st October 1948
ORDINANCE No. XXVI OF 1948
AN
ORDINANCE
to provide for the extension of the term of patent in certain cases.
WHEREAS on emergency has arisen which makes it necessary to provide for the extension of the term of potent in certain cases;
Now, THEREFORE, in exercise of the powers conferred by section 42 of the Government of India. Act, 1935 (26 Geo. 5, c. 2), the Governor-General is pleased to make and promulgate the following Ordinance: —
1. Short title, extent and commencement.—(2) This Ordinance may be called the Patents (Extension of Term) Ordinance, 1948.
(9) It extends to all the Provinces of India
(3) IT shall come into force at once. 2. Extension of the term of unexpired patents Notwithstanding anything contained in section 14 of the Indian Patents and Designs Act, 1911 (II of 1911), in this Ordinance referred to as the "principal Act",—
(a) any patent, dated and sealed prior to the 1st day of January, 1948, the original term of which had not expired on or before the date of commencement of this Ordinance, shall have effect an if the term mentioned therein was twenty-one years instead of sixteen years, and any licence existing at that date which has been granted for the term of the patent shall be treated as having been granted for the term as so extended, if the licensee makes an application to the Controller in this behalf within three months from that date:
1398 THE. GAZETTE OF INDIA EXTDY., OCT. 1, .1048 3. Extenaioii of the term of patent in other cases,—(I) Where— (a) the original term of any patent aa limited by section 14 of the^ I c i p al Act, or
(6) the term of any patent oxtended under the provisions of section 15 of the principal Aot or the term of any new patent granted under that aection,
had expired at any time during tho period commencing on the 1st day of Jnnuary, 1043, and ending irnmediaf.ly before the date of commencement of this Ordinance, then, notwithstanding anything contained in the principal Act, the patentee in respect of the expired patent may present n petition to tho Controller praying that a new patent may bo granted for a further term, and, if the Controller is satisfied that by reason of circumstances arising out of the recent war in which His Majesty was engaged or by reason of any civil disturbances thai- hnve taken place during the period mentioned earlier in this sub-section, the patent hnd not been sufficiently remunerative, he may, subject to such conditions, restrictions and provisions as he may specify, order the grant of a new patent in respect thereof for any term not exceeding five years.
(3) Where any person other than the patentee in respect of the expired patent is subjected to IORS or liability by reason of the grant of a now patent under tho provisions of stib-seotion (1) any District Court having jurisdiction under the principal Act may, on application made in this behalf, determine in what manner any such loss or liability shnl! be borne, whether by the person to whom the new patent has been p-pnted or by any other person.
4. Act n of 1911 to apply to petitions under thla Ordinance.-^Subjecfc to the provisions contained in this Ordinance, the principal Act ihnll apply, so far as "nay be, to applications or petitions under this Ordinance, ap if they were applications or petitions under the principal Act.
5. Power to prescribe fees.—The Central Government may make rules prescribing the fees to be paid in reBP'Vt of anything to be done or any action to be taken under thin Ordinance.
O. RAJAGOPALACHAH1.
Governor-General,
K Y. BHANDABKAR,