Table of Content

Section 1 : Short title, extent and commencement
Section 2 : Definitions and interpretation
Section 3 : What are not inventions
Section 4 : Inventions relating to atomic energy not patentable
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
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 the report of examiner by Controller
Section 15 : Power of Controller to refuse or require amended applications, etc., in certain case
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 25 : Opposition to the patent
Section 26 : In cases of obtaining Controller may treat the patent as the patent of opponent
Section 28 : Mention of inventor as such in patent
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
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
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 inventor where it has been obtained by another in fraud of him
Section 53 : Term of patent
Section 54 : Patents of addition
Section 55 : Term of patents of addition
Section 56 : Validity of patents of addition
Section 57 : Amendment of application and specification or any document related thereto before Controller
Section 58 : Amendment of specification before Appellate Board or High Court
Section 59 : Supplementary provisions as to amendment of application or specification
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
Section 63 : Surrender of patents
Section 64 : Revocation of 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
Section 67 : Register of patents and particulars to be entered therein
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 : Register to be open for inspection
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
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
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 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
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 suits for infringement
Section 107A : Certain acts not to be considered as infringement
Section 108 : Reliefs in suit 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 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
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
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 122 : Refusal or failure to supply information
Section 123 : Practice by non-registered patent agents
Section 124 : Offences by companies
Section 124A : Adjudication of penalties
Section 124B : Appeal
Section 125 : Register of patent agents
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
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 application
Section 137 : Multiple priorities
Section 138 : Supplementary provisions as to convention applications
Section 139 : Other provisions of Act to apply to convention applications
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 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 162 : Repeal of Act 2 of 1911 in so far as it relates to patents and savings