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Section 45: Date of patent.

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

[(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 [the date of publication of the application].

Where this provision sits

ActThe Patents Act, 1970
Section45
Marginal noteDate of patent.
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. 24, for sub-section (1) (we.f. 20-5-2003).
  • substituted, Act 15 of 2005. . Subs. by Act 15 of 2005, s. 35, for certain words (we.f. 1-1-2005).

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