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A student argues that Section 162(1) repeals the whole Indian Patents and Designs Act, 1911, including its provisions on designs. Which response is accurate according to Section 162(1)?

The student is wrong. Section 162(1) repeals the Indian Patents and Designs Act, 1911 only in so far as it relates to patents, by amending it in the manner specified in the Schedule. The provisions on designs are not repealed by this section.

  1. ACorrect, the entire 1911 Act is repealed
  2. BIncorrect, the 1911 Act is repealed only in so far as it relates to patentsCorrect
  3. CIncorrect, the 1911 Act is repealed only for patents granted after commencement
  4. DCorrect, but designs are saved by the General Clauses Act, 1897

Explanation

Section 162(1) repeals the 1911 Act only in so far as it relates to patents, by amending it as per the Schedule. So the designs part is not repealed by this provision. The first option overstates the repeal.

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