The Patents Act, 1970 · VIII — 2[GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY]

Section 45. Date of patent

In force · As amended up to 2026-08

45. Date of patent . —[5] [(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.] (2) The date of every patent shall be entered in the register. (3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before[6] [the date of publication of the application]. 1. Ins. by Act 38 of 2002, s. 22 (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 32, for Chapter Heading (w.e.f. 1-1-2005). 3. Subs. by s. 33, ibid ., for section 43 (w.e.f. 1-1-2005). 4. Subs. by s. 34, ibid ., for "sealed" (w.e.f. 1-1-2005). 5. Subs. by Act 38 of 2002, s. 24, for sub-section (1) (we.f. 20-5-2003). 6. Subs. by Act 15 of 2005, s. 35, for certain words (we.f. 1-1-2005).

Source: India Code

How this section changed

  1. substituted by Act 38 of 2002, s. 24

    Date not stated in the footnote

    Footnote: 5. Subs. by Act 38 of 2002, s. 24, for sub-section (1) (we.f. 20-5-2003).

  2. substituted by Act 15 of 2005, s. 35

    Date not stated in the footnote

    Footnote: 6. Subs. by Act 15 of 2005, s. 35, for certain words (we.f. 1-1-2005).