Section 120

Unauthorised claim of patent rights

If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be liable to penalty which may extend to ten lakh rupees, and in case of the continuing claim, a further penalty of one thousand rupees for every day after the first during which such claim continues.

Explanation 1 - For the purposes of this section, a person shall be deemed to represent (a) that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word patent or patented or some other word expressing or implying that a patent for the article has been obtained in India; (b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words patent applied for, patent pending, or some other words implying that an application for a patent for the article has been made in India.

Explanation 2 - The use of words patent, patented, patent applied for, patent pending or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India.