S.1 Short title and Commencement

       (i) This Act may be called the Patents (Amendment) Act, 1999.
       (ii) It shall be deemed to have come into force on the 1st day of January, 1995.

S.2 Amendment of section 5

       Section 5 of the Patents Act, 1970 (hereinafter referred to as the principal Act) shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:
       "(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".

S.3 Insertion of New Chapter IVA

After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:

S.4 Omission of section 39

Section 39 of the principal Act shall be omitted.

S.5 Amendment of section 40

In section 40 of the principal Act, the words and figures "or makes or causes to be made an application for the grant of a patent outside India in contravention of section 39" shall be omitted.

S.6 Amendment of section 64

In section 64 of the principal Act, in sub-section (1), in clause (n), the words and figures "or made or caused to be made an application for the grant of a patent outside India in contravention of section 39" shall be omitted.

S.7 Amendment of section 118

In section 118 of the principal Act, the words and figures "or makes or causes to be made an application for the grant of a patent in contravention of section 39" shall be omitted.

S.8 Insertion of new section 157A

       After section 157 of the principal Act, the following section shall be inserted, namely:
       '157A. Protection of Security of India - Notwithstanding anything contained in this Act, the Central Government shall :
       (a) not disclose any information relating to any patentable invention or any application relating to the grant of a patent under this Act, which it considers prejudicial to the interest of security of India;
       (b) take action including the revocation of any patent which it considers necessary in the interest of security of India:
       Provided that the Central Government shall, before taking any action under this clause, issue a notification in the Official Gazette declaring its intention to take such action.
      &nb

S.9 Repeal and Savings

       (1) The Patents (Amendment) Ordinance 1999, is hereby repealed.
       (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the Patents (Amendment) Ordinance, 1994, which ceased to operate, or under the Patents (Amendment) Ordinance, 1999, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.
       (3) All applications made in respect of claims for patent of invention specified under sub-section (2) of section 5 of the principal Act, from the date of cesser of the Patents (Amendment) Ordinance, 1994 till the date on which this Act receives the assent of the President (both days inclusive) shall be deemed to have been validly made as if the provisions of the principal Act, as amended by this Act, had been in force at all material