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The Patents Act, 1970

Patents Actcentral

An Act To Amend And Consolidate The Law Relating To Patents.

Act Number
39
Enactment
1970-09-19
Ministry
Ministry Of Commerce And Industry
Downloads
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PRELIMINARY

Section 1Short title, extent and commencement.Section 2Definitions and interpretation.

INVENTIONS NOT PATENTABLE

Section 3What are not inventions.Section 4Inventions relating to atomic energy not patentable.Section 5[Omitted.].

APPLICATIONS FOR PATENTS

Section 6Persons entitled to apply for patents.Section 7Form of application.Section 8Information and undertaking regarding foreign applications.Section 9Provisional and complete specifications.Section 10Contents of specifications.Section 11Priority dates of claims of a complete specification.

PUBLICATION AND EXAMINATION OF APPLICATIONS

Section 11APublication of applications.Section 11BRequest for examination.Section 12Examination of application.Section 13Search for anticipation by previous publication and by prior claim.Section 14Consideration of report of examiner by Controller.Section 15Power of Controller to refuse or require amended applications, etc., in certain cases.Section 16Power of Controller to make orders respecting division of application.Section 17Power of Controller to make orders respecting dating of application.Section 18Powers of Controller in cases of anticipation.Section 19Powers of Controller in case of potential infringement.Section 20Powers of Controller to make orders regarding substitution of applicants etc.Section 21Time for putting application in order for grant.Section 22[Omitted.].Section 23[Omitted.].Section 24[Omitted.].

OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

Section 25Opposition to patent.Section 26In cases of "obtaining" Controller may treat the patent as the patent of opponent.Section 27[Omitted.].Section 28Mention of inventor as such in patent.

ANTICIPATION

Section 29Anticipation by previous publication.Section 30Anticipation by previous communication to Government.Section 31Anticipation by public display, etc.Section 32Anticipation by public working.Section 33Anticipation by use and publication after provisional specification.Section 34No anticipation if circumstances are only as described in sections 29, 30, 31 and 32.

PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS

Section 35Secrecy directions relating to inventions relevant for defence purposes.Section 36Secrecy directions to be periodically reviewed.Section 37Consequences of secrecy directions.Section 38Revocation of secrecy directions and extension of time.Section 39Residents not to apply for patents outside India without prior permission.Section 40Liability for contravention of section 35 or section 39.Section 41Finality of orders of Controller and Central Government.Section 42Savings respecting disclosure to Government.

GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY

Section 43Grant of patents.Section 44Amendment of patent granted to deceased applicant.Section 45Date of patent.Section 46Form, extent and effect of patent.Section 47Grant of patents to be subject to certain conditions.Section 48Rights of patentees.Section 49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.Section 50Rights of co-owners of patents.Section 51Power of Controller to give directions to co-owners.Section 52Grant of patent to true and first inventions where it has been obtained by another in fraud of him.Section 53Term of patent.

PATENTS OF ADDITION

Section 54Patents of addition.Section 55Term of patents of addition.Section 56Validity of patents of addition.

AMENDMENT OF APPLICATIONS AND SPECIFICATIONS

Section 57Amendment of application and specification before Controller.Section 58Amendment of specification before Appellate Board or High Court.Section 59Supplementary provisions as to amendment of application or specification.

RESTORATION OF LAPSED PATENTS

Section 60Applications for restoration of lapsed patents.Section 61Procedure for disposal of applications for restoration of lapsed patents.Section 62Rights of patentees of lapsed patents which have been restored.

SURRENDER AND REVOCATION OF PATENTS

Section 63Surrender of patents.Section 64Revocation of Power patents.Section 65Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.Section 66Revocation of patent in public interest.

REGISTER OF PATENTS

Section 67Register of patents and particulars to be entered therein.Section 68Assignments, etc., not to be valid unless in writing and duly executed.Section 69Registration of assignments, transmissions, etc.Section 70Power of registered grantee or proprietor to deal with patent.Section 71Rectification of register by Appellate Board.Section 72Register to be open for inspection.

PATENT OFFICE AND ITS ESTABLISHMENT

Section 73Controller and other officers.Section 74Patent office and its branches.Section 75Restriction on employees of patent office as to right or interest in patents.Section 76Officers and employees not to furnish information, etc.

POWERS OF CONTROLLER GENERALLY

Section 77Controller to have certain powers of a civil court.Section 78Power of Controller to correct clerical errors, etc.Section 79Evidence how to be given and powers of Controller in respect thereof.Section 80Exercise of discretionary powers by Controller.Section 81Disposal by Controller of applications for extension of time.

WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

Section 82Definition of "patented articles" and "patentee".Section 83General principles applicable to working of patented inventions.Section 84Compulsory licences.Section 85Revocation of patents by the Controller for non-working.Section 86Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.Section 87Procedure for dealing with applications under sections 84 and 85.Section 88Powers of Controller in granting compulsory licences.Section 89General purposes for granting compulsory licences.Section 90Terms and conditions of compulsory licences.Section 91Licensing of related patents.Section 92Special provision for compulsory licences on notifications by Central Government.Section 92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.Section 93Order for licence to operate as a deed between parties concerned.Section 94Termination of compulsory licence.Section 95Repealed.Section 96Repealed.Section 97Repealed.Section 98Repealed.

USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT

Section 99Meaning of use of invention for purposes of Government.Section 100Power of Central Government to use inventions for purposes of Government.Section 101Rights of third parties in respect of use of invention for purposes of Government.Section 102Acquisition of inventions and patents by the Central Government.Section 103Reference to High Court of disputes as to use for purposes of Government.

SUITS CONCERNING INFRINGEMENT OF PATENTS

Section 104Jurisdiction.Section 104ABurden of proof in case of suits concerning infringement.Section 105Power of court to make declaration as to non-infringement.Section 106Power of court to grant relief in cases of groundless threats of infringement proceedings.Section 107Defences, etc., in suit for infringement.Section 107ACertain acts not to be considered as infringement.Section 108Reliefs in suits for infringement.Section 109Right of exclusive licensee to take proceedings against infringement.Section 110Right of licensee under section 84 to take proceedings against infringement.Section 111Restriction on power of court to grant damages or account of profits for infringement.Section 112[Omitted.].Section 113Certificate of validity of specification and costs of subsequent suits for infringement thereof.Section 114Relief for infringement of partially valid specification.Section 115Scientific advisers.

APPEALS TO THE APPELLATE BOARD

Section 116Appellate Board.Section 117Staff of Appellate Board.Section 117AAppeals to Appellate Board.Section 117BProcedure and powers of Appellate Board.Section 117CBar of jurisdiction of courts, etc.Section 117DProcedure for application for rectification, etc., before Appellate Board.Section 117EAppearance of Controller in legal proceedings.Section 117FCosts of Controller in proceedings before Appellate Board.Section 117GTransfer of pending proceedings to Appellate Board.Section 117HPower of Appellate Board to make rules.

PENALTIES

Section 118Contravention of Secrecy provisions relating to certain inventions.Section 119Falsification of entries in register, etc.Section 120Unauthorised claim of patent rights.Section 121Wrongful use of words "patent office".Section 122Refusal or failure to supply information.Section 123Practice by non-registered patent agents.Section 124Offences by companies.

PATENT AGENTS

Section 125Register of patent agents.Section 126Qualifications for registration as patent agents.Section 127Rights of patent agents.Section 128Subscription and verification of certain documents by patent agents.Section 129Restrictions on practice as patent agents.Section 130Removal from register of patent agents and restoration.Section 131Power of Controller to refuse to deal with certain agents.Section 132Savings in respect of other persons authorised to act as agents.

INTERNATIONAL ARRANGEMENTS

Section 133Convention countries.Section 134Notification as to countries not providing for reciprocity.Section 135Convention applications.Section 136Special provisions relating to convention applications.Section 137Multiple priorities.Section 138Supplementary provisions as to convention applications.Section 139Other provisions of Act to apply to convention applications.

MISCELLANEOUS

Section 140Avoidance of certain restrictive conditions.Section 141Determination of certain contracts.Section 142Fees.Section 143Restrictions upon publication of specification.Section 144Reports of Examiners to be confidential.Section 145Publication of official journal.Section 146Power of Controller to call for information from patentees.Section 147Evidence of entries, documents, etc.Section 148Declaration by infant, lunatic, etc.Section 149Service of notices, etc., by post.Section 150Security for costs.Section 151Transmission of orders of courts to Controller.Section 152[Omitted.].Section 153Information relating to Patents.Section 154Loss or destruction of Patents.Section 155Reports of Controller to be placed before Parliament.Section 156Patent to bind Government.Section 157Right of Government to sell or use forfeited articles.Section 157AProtection of security of India.Section 158Power of High Courts to make rules.Section 159Power of Central Government to make rules.Section 160Rules to be placed before Parliament.Section 161[Omitted.].Section 162Repeal of Act 2 of 1911 in so far as it relates to patents and savings.Section 163[Omitted.].