Patents Act, 1970
162. Repeal of Act 2 of 1911 insofar as it relates to
patents and saving
(1) The Indian Patents and Designs Act, 1911, in so far as it
relates to patents, is hereby repealed, that is to say the said Act shall be
amended in the manner specified in the schedule.
(2) Notwithstanding the repeal of the Indian Patents and Designs
Act, 1911, insofar as it relates to patents-
(a) the provisions of section 21A of that Act
and of any rules made thereunder shall continue to apply in relation to any
patent granted before the commencement of this Act in pursuance of that
section, and
(b) the renewal fee in respect of a patent
granted under this Act shall be as fixed thereunder.
(3) Save as otherwise provided in sub-section (2), the
provisions of this Act shall apply to any application for r a patent pending at
the commencement of this Act and to any proceedings consequent thereon and any
patent granted in pursuance thereof.
(4) The mention of particular matters in this section shall not
prejudice the general application of the General Clauses Act, 1897, (10 of
1897) with respect to repeals.
(5) Notwithstanding anything contained in this Act, any suit for
infringement of a patent or any proceeding for revocation of a patent, pending
in any court at the commencement of this Act, may be continued and disposed of,
as if this Act had not been passed.