The Patent Act 1970

Table of Content

Last updated 1 year ago

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