Law: Patents and Designs Act, (II of 1911)

Section: 3

(a) Patents and Designs Act (II of 1911)---Ss. 3, 5, 9, 10 & 12---Patents Ordinance (LXI of 2000), S.60--Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Scheme and process of registration under the Patents and Designs Act, 1911---Remedy to a patentee to file a suit: for infringement or counterfeiting the patent---Grant or refusal of interim relief---Paramount considerations. The application for the grant of a patent is required to be filed on a prescribed form under section "3 of the Act, 1911. It is essential for the applicant to file the declaration that applicant is in possession of an invention. The Controller, on receipt of application, refers the matter to Examiner for his report under section 5 of the Act. The Examiner has to examine that the invention is properly described and ascertained in complete specification, the specification and drawings have been prepared in a prescribed manner, the title does sufficiently indicatl the subject-matter, of the invention and that the invention claimed is, prima facie, a new manufacture or improvement and if he is satisfied that these requirements are met, the application is accepted. The acceptance of application is advertised with specification, claims and drawings and is made open to the inspection of public. The patent, at this juncture, becomes a public record and any person can lodge opposition to the grant of patent by giving notice at the patent office by paying prescribed fee, within a period of four months from the date of advertisement. Section 9 prescribes the grounds on which a patent can be opposed. Provisions of this section provide further that patent cannot be opposed on any other ground. In the instant case the attack on the invention was available under sub-clauses (c) and (d) of section 9 which provide that the nature of invention or manner it is to be performed is not sufficiently and fairly described and the invention has been publically used in any part of Pakistan or the same is publically known in any part of Pakistan. The patent is granted and sealed, on the basis of the report of the Examiner and also for the reason that the same is not opposed in response to advertisement…

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