Bare Acts

The Patents Act, 1970

An Act to amend and consolidate the law relating to patents.

English PDF

Act Details

Act Number:

Act Year:

1970

Location:

Enactment Date:

9/19/1970

Enforcement Date:

01-04-1978

Ministry:

Ministry of Commerce and Industry

Department:

Department of Promotion of Industry and Internal Trade

All Section List (Patents Act)

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

Definitions and interpretation.

INVENTIONS NOT PATENTABLE

Section 3 to Section 5

Section 3

What are not inventions.

Section 4

Inventions relating to atomic energy not patentable.

Section 5

[Omitted.].

APPLICATIONS FOR PATENTS

Section 6 to Section 11

Section 6

Persons entitled to apply for patents.

Section 7

Form of application.

Section 8

Information and undertaking regarding foreign applications.

Section 9

Provisional and complete specifications.

Section 10

Contents of specifications.

Section 11

Priority dates of claims of a complete specification.

PUBLICATION AND EXAMINATION OF APPLICATIONS

Section 11A to Section 24

Section 11A

Publication of applications.

Section 11B

Request for examination.

Section 12

Examination of application.

Section 13

Search for anticipation by previous publication and by prior claim.

Section 14

Consideration of report of examiner by Controller.

Section 15

Power of Controller to refuse or require amended applications, etc., in certain cases.

Section 16

Power of Controller to make orders respecting division of application.

Section 17

Power of Controller to make orders respecting dating of application.

Section 18

Powers of Controller in cases of anticipation.

Section 19

Powers of Controller in case of potential infringement.

Section 20

Powers of Controller to make orders regarding substitution of applicants etc.

Section 21

Time for putting application in order for grant.

Section 22

[Omitted.].

Section 23

[Omitted.].

Section 24

[Omitted.].

OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

Section 25 to Section 28

Section 25

Opposition to patent.

Section 26

In cases of "obtaining" Controller may treat the patent as the patent of opponent.

Section 27

[Omitted.].

Section 28

Mention of inventor as such in patent.

ANTICIPATION

Section 29 to Section 34

Section 29

Anticipation by previous publication.

Section 30

Anticipation by previous communication to Government.

Section 31

Anticipation by public display, etc.

Section 32

Anticipation by public working.

Section 33

Anticipation by use and publication after provisional specification.

Section 34

No anticipation if circumstances are only as described in sections 29, 30, 31 and 32.

PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS

Section 35 to Section 42

Section 35

Secrecy directions relating to inventions relevant for defence purposes.

Section 36

Secrecy directions to be periodically reviewed.

Section 37

Consequences of secrecy directions.

Section 38

Revocation of secrecy directions and extension of time.

Section 39

Residents not to apply for patents outside India without prior permission.

Section 40

Liability for contravention of section 35 or section 39.

Section 41

Finality of orders of Controller and Central Government.

Section 42

Savings respecting disclosure to Government.

GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY

Section 43 to Section 53

Section 43

Grant of patents.

Section 44

Amendment of patent granted to deceased applicant.

Section 45

Date of patent.

Section 46

Form, extent and effect of patent.

Section 47

Grant of patents to be subject to certain conditions.

Section 48

Rights of patentees.

Section 49

Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.

Section 50

Rights of co-owners of patents.

Section 51

Power of Controller to give directions to co-owners.

Section 52

Grant of patent to true and first inventions where it has been obtained by another in fraud of him.

Section 53

Term of patent.

PATENTS OF ADDITION

Section 54 to Section 56

Section 54

Patents of addition.

Section 55

Term of patents of addition.

Section 56

Validity of patents of addition.

AMENDMENT OF APPLICATIONS AND SPECIFICATIONS

Section 57 to Section 59

Section 57

Amendment of application and specification before Controller.

Section 58

Amendment of specification before Appellate Board or High Court.

Section 59

Supplementary provisions as to amendment of application or specification.

RESTORATION OF LAPSED PATENTS

Section 60 to Section 62

Section 60

Applications for restoration of lapsed patents.

Section 61

Procedure for disposal of applications for restoration of lapsed patents.

Section 62

Rights of patentees of lapsed patents which have been restored.

SURRENDER AND REVOCATION OF PATENTS

Section 63 to Section 66

Section 63

Surrender of patents.

Section 64

Revocation of Power patents.

Section 65

Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.

Section 66

Revocation of patent in public interest.

REGISTER OF PATENTS

Section 67 to Section 72

Section 67

Section 68

Assignments, etc., not to be valid unless in writing and duly executed.

Section 69

Registration of assignments, transmissions, etc.

Section 70

Power of registered grantee or proprietor to deal with patent.

Section 71

Rectification of register by Appellate Board.

Section 72

PATENT OFFICE AND ITS ESTABLISHMENT

Section 73 to Section 76

Section 73

Controller and other officers.

Section 74

Patent office and its branches.

Section 75

Restriction on employees of patent office as to right or interest in patents.

Section 76

Officers and employees not to furnish information, etc.

POWERS OF CONTROLLER GENERALLY

Section 77 to Section 81

Section 77

Controller to have certain powers of a civil court.

Section 78

Power of Controller to correct clerical errors, etc.

Section 79

Evidence how to be given and powers of Controller in respect thereof.

Section 80

Exercise of discretionary powers by Controller.

Section 81

Disposal by Controller of applications for extension of time.

WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

Section 82 to Section 98

Section 82

Definition of "patented articles" and "patentee".

Section 83

General principles applicable to working of patented inventions.

Section 84

Compulsory licences.

Section 85

Revocation of patents by the Controller for non-working.

Section 86

Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.

Section 87

Procedure for dealing with applications under sections 84 and 85.

Section 88

Powers of Controller in granting compulsory licences.

Section 89

General purposes for granting compulsory licences.

Section 90

Terms and conditions of compulsory licences.

Section 91

Licensing of related patents.

Section 92

Special provision for compulsory licences on notifications by Central Government.

Section 92A

Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.

Section 93

Order for licence to operate as a deed between parties concerned.

Section 94

Termination of compulsory licence.

Section 95

Section 96

Section 97

Section 98

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

Section 99 to Section 103

Section 99

Meaning of use of invention for purposes of Government.

Section 100

Power of Central Government to use inventions for purposes of Government.

Section 101

Rights of third parties in respect of use of invention for purposes of Government.

Section 102

Acquisition of inventions and patents by the Central Government.

Section 103

Reference to High Court of disputes as to use for purposes of Government.

SUITS CONCERNING INFRINGEMENT OF PATENTS

Section 104 to Section 115

Section 104

Jurisdiction.

Section 104A

Burden of proof in case of suits concerning infringement.

Section 105

Power of court to make declaration as to non-infringement.

Section 106

Power of court to grant relief in cases of groundless threats of infringement proceedings.

Section 107

Defences, etc., in suit for infringement.

Section 107A

Certain acts not to be considered as infringement.

Section 108

Reliefs in suits for infringement.

Section 109

Right of exclusive licensee to take proceedings against infringement.

Section 110

Right of licensee under section 84 to take proceedings against infringement.

Section 111

Restriction on power of court to grant damages or account of profits for infringement.

Section 112

[Omitted.].

Section 113

Certificate of validity of specification and costs of subsequent suits for infringement thereof.

Section 114

Relief for infringement of partially valid specification.

Section 115

Scientific advisers.

APPEALS TO THE APPELLATE BOARD

Section 116 to Section 117H

Section 116

Appellate Board.

Section 117

Staff of Appellate Board.

Section 117A

Appeals to Appellate Board.

Section 117B

Procedure and powers of Appellate Board.

Section 117C

Bar of jurisdiction of courts, etc.

Section 117D

Procedure for application for rectification, etc., before Appellate Board.

Section 117E

Appearance of Controller in legal proceedings.

Section 117F

Costs of Controller in proceedings before Appellate Board.

Section 117G

Transfer of pending proceedings to Appellate Board.

Section 117H

Power of Appellate Board to make rules.

PENALTIES

Section 118 to Section 124

Section 118

Contravention of Secrecy provisions relating to certain inventions.

Section 119

Falsification of entries in register, etc.

Section 120

Unauthorised claim of patent rights.

Section 121

Wrongful use of words "patent office".

Section 122

Refusal or failure to supply information.

Section 123

Practice by non-registered patent agents.

Section 124

Offences by companies.

PATENT AGENTS

Section 125 to Section 132

Section 125

Section 126

Qualifications for registration as patent agents.

Section 127

Rights of patent agents.

Section 128

Subscription and verification of certain documents by patent agents.

Section 129

Restrictions on practice as patent agents.

Section 130

Removal from register of patent agents and restoration.

Section 131

Power of Controller to refuse to deal with certain agents.

Section 132

Savings in respect of other persons authorised to act as agents.

INTERNATIONAL ARRANGEMENTS

Section 133 to Section 139

Section 133

Convention countries.

Section 134

Notification as to countries not providing for reciprocity.

Section 135

Convention applications.

Section 136

Special provisions relating to convention applications.

Section 137

Multiple priorities.

Section 138

Supplementary provisions as to convention applications.

Section 139

Other provisions of Act to apply to convention applications.

MISCELLANEOUS

Section 140 to Section 163

Section 140

Avoidance of certain restrictive conditions.

Section 141

Determination of certain contracts.

Section 142

Fees.

Section 143

Restrictions upon publication of specification.

Section 144

Reports of Examiners to be confidential.

Section 145

Publication of official journal.

Section 146

Power of Controller to call for information from patentees.

Section 147

Evidence of entries, documents, etc.

Section 148

Declaration by infant, lunatic, etc.

Section 149

Service of notices, etc., by post.

Section 150

Security for costs.

Section 151

Transmission of orders of courts to Controller.

Section 152

[Omitted.].

Section 153

Information relating to Patents.

Section 154

Loss or destruction of Patents.

Section 155

Reports of Controller to be placed before Parliament.

Section 156

Patent to bind Government.

Section 157

Right of Government to sell or use forfeited articles.

Section 157A

Protection of security of India.

Section 158

Power of High Courts to make rules.

Section 159

Power of Central Government to make rules.

Section 160

Rules to be placed before Parliament.

Section 161

[Omitted.].

Section 162

Repeal of Act 2 of 1911 in so far as it relates to patents and savings.

Section 163

[Omitted.].