Patents Act, 1970
Bare Act · 1970
An Act to amend and consolidate the law relating to patents.
In the syllabus of: AIBE · Delhi Higher Judiciary · RPSC Assistant Professor (Law) · Telangana Higher Judiciary · UGC NET Law · UPSC Law Optional
- Act number
- 39 of 1970
- Enacted
- 19 September 1970
- Contents
- 175 sections · 24 chapters
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Contents
Chapter I — Preliminary
Chapter II — Inventions Not Patentable
- Section 3 – What are not inventions
- Section 4 – Inventions relating to atomic energy not patentable
- Section 5 – [Omitted.]
Chapter III — Applications For Patents
- Section 6 – Persons entitled to apply for patents (preview)
- Section 7 – Form of application (preview)
- Section 8 – Information and undertaking regarding foreign applications (preview)
- Section 10 – Contents of specifications (preview)
- Section 11 – Priority dates of claims of a complete specification (preview)
Sections
- Section 9 – Provisional and complete specifications (preview)
- Section 37 – Consequences of secrecy directions (preview)
- Section 94 – Termination of compulsory licence (preview)
- Section 148 – Declaration by infant, lunatic, etc (preview)
Chapter IV — Publication And Examination Of Applications
- Section 11A – Publication of applications (preview)
- Section 11B – Request for examination (preview)
- Section 12 – Examination of application (preview)
- Section 13 – Search for anticipation by previous publication and by prior claim (preview)
- Section 14 – Consideration of report of examiner by Controller (preview)
- Section 15 – Power of Controller to refuse or require amended applications, etc., in certain cases (preview)
- Section 16 – Power of Controller to make orders respecting division of application (preview)
- Section 17 – Power of Controller to make orders respecting dating of application (preview)
- Section 18 – Powers of Controller in cases of anticipation (preview)
- Section 19 – Powers of Controller in case of potential infringement (preview)
- Section 20 – Powers of Controller to make orders regarding substitution of applicants etc (preview)
- Section 21 – Time for putting application in order for grant (preview)
- Section 22 – [Omitted.] (preview)
- Section 23 – [Omitted.] (preview)
- Section 24 – [Omitted.] (preview)
Chapter V — Opposition To Grant Of Patents
- Section 25 – Opposition to patent (preview)
- Section 26 – In cases of "obtaining" Controller may treat the patent as the patent of opponent (preview)
- Section 27 – [Omitted.] (preview)
- Section 28 – Mention of inventor as such in patent (preview)
Chapter VI — Anticipation
- Section 29 – Anticipation by previous publication (preview)
- Section 30 – Anticipation by previous communication to Government (preview)
- Section 31 – Anticipation by public display, etc (preview)
- Section 32 – Anticipation by public working (preview)
- Section 33 – Anticipation by use and publication after provisional specification (preview)
- Section 34 – No anticipation if circumstances are only as described in sections 29, 30, 31 and 32 (preview)
Chapter VII
- Section 35 – Secrecy directions relating to inventions relevant for defence purposes (preview)
- Section 36 – Secrecy directions to be periodically reviewed (preview)
- Section 38 – Revocation of secrecy directions and extension of time (preview)
- Section 39 – Residents not to apply for patents outside India without prior permission (preview)
- Section 40 – Liability for contravention of section 35 or section 39 (preview)
- Section 41 – Finality of orders of Controller and Central Government (preview)
- Section 42 – Savings respecting disclosure to Government (preview)
Chapter VIII — Grant Of Patents And Rights Conferred Thereby
- Section 43 – Grant of patents (preview)
- Section 44 – Amendment of patent granted to deceased applicant (preview)
- Section 45 – Date of patent (preview)
- Section 46 – Form, extent and effect of patent (preview)
- Section 47 – Grant of patents to be subject to certain conditions (preview)
- Section 48 – Rights of patentees (preview)
- Section 49 – Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India (preview)
- Section 50 – Rights of co-owners of patents (preview)
- Section 51 – Power of Controller to give directions to co-owners (preview)
- Section 52 – Grant of patent to true and first inventions where it has been obtained by another in fraud of him (preview)
- Section 53 – Term of patent (preview)
Chapter IX — Patents Of Addition
- Section 54 – Patents of addition (preview)
- Section 55 – Term of patents of addition (preview)
- Section 56 – Validity of patents of addition (preview)
Chapter X — Amendment Of Applications And Specifications
- Section 57 – Amendment of application and specification before Controller (preview)
- Section 58 – Amendment of specification before Appellate Board or High Court (preview)
- Section 59 – Supplementary provisions as to amendment of application or specification (preview)
Chapter XI — Restoration Of Lapsed Patents
- Section 60 – Applications for restoration of lapsed patents (preview)
- Section 61 – Procedure for disposal of applications for restoration of lapsed patents (preview)
- Section 62 – Rights of patentees of lapsed patents which have been restored (preview)
Chapter XII — Surrender And Revocation Of Patents
- Section 63 – Surrender of patents (preview)
- Section 64 – Revocation of Power patents (preview)
- Section 65 – Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy (preview)
- Section 66 – Revocation of patent in public interest (preview)
Chapter XIII — Register Of Patents
- Section 67 – Register of patents and particulars to be entered therein (preview)
- Section 68 – Assignments, etc., not to be valid unless in writing and duly executed (preview)
- Section 69 – Registration of assignments, transmissions, etc (preview)
- Section 70 – Power of registered grantee or proprietor to deal with patent (preview)
- Section 71 – Rectification of register by Appellate Board (preview)
- Section 72 – Register to be open for inspection (preview)
Chapter XIV — Patent Office And Its Establishment
- Section 73 – Controller and other officers (preview)
- Section 74 – Patent office and its branches (preview)
- Section 75 – Restriction on employees of patent office as to right or interest in patents (preview)
- Section 76 – Officers and employees not to furnish information, etc (preview)
Chapter XV — Powers Of Controller Generally
- Section 77 – Controller to have certain powers of a civil court (preview)
- Section 78 – Power of Controller to correct clerical errors, etc (preview)
- Section 79 – Evidence how to be given and powers of Controller in respect thereof (preview)
- Section 80 – Exercise of discretionary powers by Controller (preview)
- Section 81 – Disposal by Controller of applications for extension of time (preview)
Chapter XVI — Working Of Patents, Compulsory Licences And Revocation
- Section 82 – Definition of "patented articles" and "patentee" (preview)
- Section 83 – General principles applicable to working of patented inventions (preview)
- Section 84 – Compulsory licences (preview)
- Section 85 – Revocation of patents by the Controller for non-working (preview)
- Section 86 – Power of Controller to adjourn applications for compulsory licences, etc., in certain cases (preview)
- Section 87 – Procedure for dealing with applications under sections 84 and 85 (preview)
- Section 88 – Powers of Controller in granting compulsory licences (preview)
- Section 89 – General purposes for granting compulsory licences (preview)
- Section 90 – Terms and conditions of compulsory licences (preview)
- Section 91 – Licensing of related patents (preview)
- Section 92 – Special provision for compulsory licences on notifications by Central Government (preview)
- Section 92A – Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances (preview)
- Section 93 – Order for licence to operate as a deed between parties concerned (preview)
Chapter XVII — Use Of Inventions For Purposes Of Government And Acquisition Of Inventions By Central Government
- Section 99 – Meaning of use of invention for purposes of Government (preview)
- Section 100 – Power of Central Government to use inventions for purposes of Government (preview)
- Section 101 – Rights of third parties in respect of use of invention for purposes of Government (preview)
- Section 102 – Acquisition of inventions and patents by the Central Government (preview)
- Section 103 – Reference to High Court of disputes as to use for purposes of Government (preview)
Chapter XVIII — Suits Concerning Infringement Of Patents
- Section 104 – Jurisdiction (preview)
- Section 104A – Burden of proof in case of suits concerning infringement (preview)
- Section 105 – Power of court to make declaration as to non-infringement (preview)
- Section 106 – Power of court to grant relief in cases of groundless threats of infringement proceedings (preview)
- Section 107 – Defences, etc., in suit for infringement (preview)
- Section 107A – Certain acts not to be considered as infringement (preview)
- Section 108 – Reliefs in suits for infringement (preview)
- Section 109 – Right of exclusive licensee to take proceedings against infringement (preview)
- Section 110 – Right of licensee under section 84 to take proceedings against infringement (preview)
- Section 111 – Restriction on power of court to grant damages or account of profits for infringement (preview)
- Section 112 – [Omitted.] (preview)
- Section 113 – Certificate of validity of specification and costs of subsequent suits for infringement thereof (preview)
- Section 114 – Relief for infringement of partially valid specification (preview)
- Section 115 – Scientific advisers (preview)
Chapter XIX — Appeals
- Section 116 – Appellate Board (preview)
- Section 117 – Staff of Appellate Board (preview)
- Section 117A – Appeals to High Court (preview)
- Section 117B – Procedure and powers of Appellate Board (preview)
- Section 117C – Bar of jurisdiction of courts, etc (preview)
- Section 117D – Procedure for application for rectification, etc., before Appellate Board (preview)
- Section 117E – Appearance of Controller in legal proceedings (preview)
- Section 117F – Costs of Controller in proceedings before Appellate Board (preview)
- Section 117G – Transfer of pending proceedings to Appellate Board (preview)
- Section 117H – Power of Appellate Board to make rules (preview)
Chapter XX — Punishments
- Section 118 – Contravention of Secrecy provisions relating to certain inventions (preview)
- Section 119 – Omitted (preview)
- Section 120 – Unauthorised claim of patent rights (preview)
- Section 121 – Omitted (preview)
- Section 122 – Refusal or failure to supply information (preview)
- Section 123 – Practice by non-registered patent agents (preview)
- Section 124 – Offences by companies (preview)
- Section 124A – Adjudication of penalties (preview)
- Section 124B – Appeal (preview)
Chapter XXI — Patent Agents
- Section 125 – Register of patent agents (preview)
- Section 126 – Qualifications for registration as patent agents (preview)
- Section 127 – Rights of patent agents (preview)
- Section 128 – Subscription and verification of certain documents by patent agents (preview)
- Section 129 – Restrictions on practice as patent agents (preview)
- Section 130 – Removal from register of patent agents and restoration (preview)
- Section 131 – Power of Controller to refuse to deal with certain agents (preview)
- Section 132 – Savings in respect of other persons authorised to act as agents (preview)
Chapter XXII — International Arrangements
- Section 133 – Convention countries (preview)
- Section 134 – Notification as to countries not providing for reciprocity (preview)
- Section 135 – Convention applications (preview)
- Section 136 – Special provisions relating to convention applications (preview)
- Section 137 – Multiple priorities (preview)
- Section 138 – Supplementary provisions as to convention applications (preview)
- Section 139 – Other provisions of Act to apply to convention applications (preview)
Chapter XXIII — Miscellaneous
- Section 140 – Avoidance of certain restrictive conditions (preview)
- Section 141 – Determination of certain contracts (preview)
- Section 142 – Fees (preview)
- Section 143 – Restrictions upon publication of specification (preview)
- Section 144 – Reports of Examiners to be confidential (preview)
- Section 145 – Publication of official journal (preview)
- Section 146 – Power of Controller to call for information from patentees (preview)
- Section 147 – Evidence of entries, documents, etc (preview)
- Section 149 – Service of notices, etc., by post (preview)
- Section 150 – Security for costs (preview)
- Section 151 – Transmission of orders of courts to Controller (preview)
- Section 152 – [Omitted.] (preview)
- Section 153 – Information relating to Patents (preview)
- Section 154 – Loss or destruction of Patents (preview)
- Section 155 – Reports of Controller to be placed before Parliament (preview)
- Section 156 – Patent to bind Government (preview)
- Section 157 – Right of Government to sell or use forfeited articles (preview)
- Section 157A – Protection of security of India (preview)
- Section 158 – Power of High Courts to make rules (preview)
- Section 159 – Power of Central Government to make rules (preview)
- Section 160 – Rules to be placed before Parliament (preview)
- Section 161 – [Omitted.] (preview)
- Section 162 – Repeal of Act 2 of 1911 in so far as it relates to patents and savings (preview)
- Section 163 – [Omitted.] (preview)