Page:Patents Act 1970 (India).pdf/4

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them free of disease or to increase their economic value or that of their products.

4. Inventions relating to atomic energy not patentable No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of Section 20 of the Atomic Energy Act, 1962.

33 of 1962

5.Inventions where only methods or processes of manufacture patentable

(1) In the case of inventions-

a.claiming substances intended for use, or capable of being used, as food or as medicine or drug, or
b.relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic compounds),

no patent shall be granted in respect of claims for the substances them selves, but claims for the methods or processes of manufacture shall be patentable.

(2) Notwithstanding anything contained in sub-section (1), a claim for patent of an invention for a substance itself intended for use, or capable of being used, as medicine or drug, except the medicine or drug specified under sub-clause (v) of clause (1) of sub-section (1) of section 2, may be made and shall be dealt, without prejudice to the other provisions of this Act, in the manner provided in Chapter IVA.]


CHAPTER III

APPLICATIONS FOR PATENTS

6. Persons entitled to apply for patents

(1) Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,-

a. by any person claiming to be the true and first inventor of the invention;
b. by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;
c. by the legal representative of any deceased person who immediately before his death was entitled to make such an application.

(2) An application under sub-section (1) may be made by any of the persons preferred to therein either alone or jointly with any other person.

7. Form of application

(1) Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office.

(2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filing of the application, proof of the right to make the