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CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

A suit for infringement of a patent granted under the Indian Patents and Designs Act, 1911 was pending in a High Court when the Patents Act, 1970 commenced. What is the effect of the 1970 Act on that suit?

The suit continues. Although the 1911 Act was repealed in relation to patents, the Patents Act, 1970 saves pending infringement suits and revocation proceedings, allowing them to be continued and disposed of as if the 1970 Act had not been passed.

  1. AThe suit abates because the 1911 Act stands repealed as to patents
  2. BThe suit may be continued and disposed of as if the 1970 Act had not been passedCorrect
  3. CThe suit must be transferred to the Controller for fresh decision under the 1970 Act
  4. DThe suit continues only if the patentee re-files the patent under the new Act

Explanation

The 1911 Act was repealed so far as it relates to patents, but the savings provision says any pending infringement suit or revocation proceeding may be continued and disposed of as if the 1970 Act had not been passed. Abatement is therefore wrong, as is transfer to the Controller or re-filing.

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