Patents Ordinance, 2000

Patents Ordinance, 2000 — section 70

70. Procedure for hearing appeals..—(1) Every appeal before the High Court shall be by petition and shall be in such form and shall contain such particulars as may be provided by rules made by the High Court.

(2)Every appeal under this section shall be heard by a single Judge of the High Court: Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the proceedings to a larger Bench of the High Court.

(3)Every appeal under this section shall be heard as expeditiously as possible and endeavor shall be made to decide the appeal within a period of twelve months from the date on which it is filed. CHAPTER XIX PENALTIES 71. Penalty for contravention of secrecy provisions relating to certain inventions. If any person fails to comply with any direction given under section 25 or makes or causes to be made an application for the grant of a patent in contravention of section 26, he shall be punishable with imprisonment for a term which may extend to two years, or with fine not exceeding twenty thousand rupees, or with both. 72. Penalty for false entry in any register, etc. If any person makes, or causes to be made, a false entry in any register kept under this Ordinance, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine not exceeding twenty thousand rupees, or with both. 73. Penalty for false representation. If any person falsely represents that any article sold by him is patented in Pakistan or is the subject of an application for a patent in Pakistan, he shall be punishable with fine which may extend to five thousand rupees. Explanation 1.—For the purposes of this section, a person shall be deemed to represent

(a)that an article is patented in Pakistan if there is stamped, engraved or impressed on, or otherwise applied to, the article the word “patent” or “patented” or some other word expressing or implying that a patent for the article has been obtained in Pakistan; or

(b)that an article is the subject of an application for a patent in Pakistan, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words “patent applied for”, “patent pending”, or some other words implying that an application for a patent for the article has been made in Pakistan. Explanation 2.—The use of words “patent”, “patented”, “patent applied for”, “pending” or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in Pakistan, or to a pending application for a patent in Pakistan, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside Pakistan. 74. Penalty for wrongful use of Words “patent office”. If any person uses on his place of business or any document issued by him or otherwise the words “patent office” or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the patent Office, he shall be 1[punishable with imprisonment for a term which may extend to two years, and with fine which may extend to one million rupees].

This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.