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Section 116: Appellate Board.

The Patents Act, 1970Central Act · Act 39 of 1970

[116. Appellate Board.--(1) Subject to the provisions of this Act, the Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999) shall be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, power and authority conferred on it by or under this Act:

Provided that the Technical Member of the Appellate Board for the purposes of this Act shall have the qualifications specified in sub-section (2).

(2) A person shall not be qualified for appointment as a Technical Member for the purposes of this Act unless he--

(a) has, at least five years, held the post of Controller under this Act or has exercised the functions of the Controller under this Act for at least five years; or

(b) has been for at least ten years, functioned as a Registered Patent Agent and possesses a degree in engineering or technology or a masters degree in science from any University established under law for the time being in force or equivalent;

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Where this provision sits

ActThe Patents Act, 1970
Section116
Marginal noteAppellate Board.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 38 of 2002. . Subs. by Act 38 of 2002, s. 47, for Chapter XIX (w.e.f. 20-5-2003).
  • omitted, Act 15 of 2005. . Clause (c) omitted by Act 15 of 2005, s. 60 (w.e.f. 2-4-2007).

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