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Section 43 of Patents Act 1970: Grant of Patents

Section 43 (Grant of patents) under Chapter VIII (Grant of Patents and Rights Conferred thereby) of the Patents Act, 1970 ⦂―

❝(1) Where an application for a patent has been found to be in order for grant of the patent and either—
 (a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; or
 (b) the application has not been found to be in contravention of any of the provisions of this Act,

the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register.

(2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection.❞



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Notes:

The Patents Act, 1970 was amended by :
- the Patents (Amendment) Act, 1999 (No. 17 of 1999);
- the Patents (Amendment) Act, 2002 (No. 38 of 2002);
- the Patents (Amendment) Act, 2005 (No. 15 of 2005).

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