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Patents Act, 1970


[Act No. 39 of Year 1970 dated 19th. September, 1970]

Contents

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions and interpretation

Chapter II

Inventions Not Patentable

3

What are not inventions

4

Inventions relating to atomic energy not patentable

5

Inventions where only methods or processes of manufacture patentable.

Chapter III

Applications For Patents

6

Persons entitled to apply for patents

7

Form of application

8

Information and undertaking regarding foreign applications

9

Provisional and complete specifications

10

Contents of specifications

11

Priority dates of claims of a complete specification

Chapter IV

Examination Of Applications

12

Examination of application

13

Search for anticipation by previous publication and by prior claim

14

Consideration of report of examiner by Controller

15

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

16

Power of Controller to make orders respecting division of application

17

Power of Controller to make orders respecting dating of application.

18

Powers of Controller in cases of anticipation

19

Powers of Controller in case of potential infringement

20

Powers of Controller to Make orders regarding substitution of applicants, etc.

21

Time for putting application in order for acceptance

22

Acceptance of complete specification

23

Advertisement of acceptance of complete specification

24

Effect of acceptance of complete specification

Chapter IVA

Exclusive Marketing Rights

24A

Application for grant of exclusive rights

24B

Grant of exclusive rights

24C

Compulsory licenses

24D

Special provision for selling or distribution

24E

Suits relating to infringements

24F

Central Government and its officers not to be liable

Chapter V

Opposition To Grant Of Patent

25

Opposition to grant of patent

26

In cases of "obtaining" controller may treat application as application of opponent

27

Refusal of patent without opposition

28

Mention of inventor as such in patent Refusal of patent without opposition

Chapter VI

Anticipation

29

Anticipation by previous publication

30

Anticipation by previous communication to government

31

Anticipation by public display, etc.

32

Anticipation by public working

33

Anticipation by use and publication after provisional specification

34

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

Chapter VII

Provisions For Secrecy Of Certain Inventions

35

Secrecy directions relating to inventions relevant for defense purposes

36

Secrecy directions to be periodically reviewed

37

Consequences of secrecy directions

38

Revocation of secrecy, directions and extension of time

39

3* * *

40

Liability for contravention of section 35 or section 39

41

Finality of orders of Controller and Central Government

42

Saving respecting disclosure to government

Chapter VIII

Grant And Sealing Of Patents And Rights Conferred Thereby

43

Grant and sealing of patent

44

Amendment of patent granted to deceased applicant

45

Date of patent

46

Form, extent and effect of patent

47

Grant of patents to be subject to certain conditions

48

Rights of patentees

49

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

50

Rights of co-owners of patents

51

Power of Controller to give directions to co-owners

52

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

53

Term of patent

Chapter IX

Patents Of Addition

54

Patents of addition

55

Term of patents of addition

56

Validity of patents of addition

Chapter X

Amendment Of Applications And Specifications

57

Amendment of application and specification before Controller

58

Amendment of specification before High Court

59

Supplementary provisions as to amendment of application or specification

Chapter XI

Restoration Of Lapsed Patents

60

Applications for restoration of lapsed patents

61

Procedure for disposal of applications for restoration of lapsed patents

62

Rights of patentees of lapsed patents which have been restored

Chapter XII

Surrender And Revocation Of Patents

63

Surrender of patents

64

Revocation of patents

65

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

66

Revocation of patent in public interest

Chapter XIII

Register Of Patents

67

Register of patents and particulars to be entered therein

68

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

69

Registration of assignments, transmissions, etc.

70

Power of registered grantee or proprietor to deal with patent

71

Rectification of register by High Court

72

Register to be open for inspection

Chapter XIV

Patent Office And Its Establishment

73

Controller and other officers

74

Patent office and its branches

75

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

76

Officers and employees not to furnish information, etc.

Chapter XV

Powers Of Controller Generally

77

Controller to have certain powers of a civil court

78

Power of Controller to correct clerical errors, etc.

79

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

80

Exercise of discretionary powers by Controller

81

Disposal by Controller of applications for extension of time

Chapter XVI

Working Of Patents, Compulsory Licences, Licences Of Right And Revocation

82

Definitions of patented article and patentee

83

General principles applicable to working of patented inventions

84

Compulsory licenses

85

Matters to be taken into account in granting compulsory licenses

86

Endorsement of patent with the words licenses of right

87

Certain patents deemed to be endorsed with the words licenses of right

88

Effect of endorsement of patent with the words licenses of right

89

Revocation of patents by the Controller for non-working

90

When reasonable requirements of the public deemed not satisfied

91

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

92

Procedure for dealing with applications under sections 84, 86 and 89

93

Powers of Controller in granting compulsory licenses

94

General purposes for granting compulsory licenses

95

Terms and conditions of compulsory licenses

96

Licensing of related patents

97

Special provision for compulsory licenses on notification by Central Government

98

Order for license to operate as a deed between parties concerned

Chapter XVII

Use Of Inventions For Purposes Of Government And Acquisition Of Inventions By Central Government

99

Meaning of use of invention for purposes of government

100

Power of Central Government to use inventions for purposes of government

101

Right of third parties in respect of use of invention for purposes of government

102

Acquisition of inventions and patents by the Central Government

103

Reference to High Court of disputes as to use for purposes of government

Chapter XVIII

Suits Concerning Infringement Of Patents

104

Jurisdiction

105

Power of court to make declaration as to non-infringement

106

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

107

Defenses, etc in suits for infringement

108

Relief’s in suits for infringement

109

Right of exclusive licensee to take proceedings against infringement

110

Right of licensee under section 84 to take proceedings against infringement

111

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

112

Restriction on power of court to grant injunction in certain cases

113

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

114

Relief for infringement of partially valid specification

115

Scientific advisers

Chapter XIX

Appeals

116

Appeals

117

Procedure for hearing of appeals

Chapter XX

Penalties

118

Contravention of secrecy provisions relating to certain inventions

119

Falsification of entries in register, etc.

120

Unauthorized claim of patent rights

121

Wrongful use of words, "patent office"

122

Refusal or failure to supply information

123

Practice by non-registered patent agents

124

Offences by companies

Chapter XXI

Patent Agents

125

Register of patent agents

126

Qualifications for registration as patent agents

127

Rights of patent agents

128

Subscription and verification of certain documents by patent agents

129

Restrictions on practice as patent agents

130

Removal from register of patent agents and restoration

131

Power of Controller to refuse to deal with certain agents

132

Saving in respect of other persons authorized to act as agents

Chapter XXII

International Arrangements

133

Notification as to convention countries

134

Notification as to countries not providing for reciprocity

135

Convention applications

136

Special provisions relating to convention applications

137

Multiple priorities

138

Supplementary provisions as to convention applications

139

Other provisions of Act to apply to convention applications

Chapter XXIII

Miscellaneous

140

Avoidance of certain restrictive conditions

141

Determination of certain contracts

142

Fees

143

Restrictions upon publication of specifications

144

Reports of examiners to be confidential

145

Publication of patented inventions

146

Power of Controller to call for information from patentees

147

Evidence of entries, documents, etc.

148

Declaration by infant, lunatic, etc.

149

Service of notices, etc. by post

150

Security for-costs

151

Transmission of orders of courts to Controller

152

Transmission of copies of specifications, etc. and inspection thereof

153

Information relating to patents

154

Loss or destruction of patents

155

Reports of Controller to be placed before Parliament

156

Patent to bind government

157

Right of government to sell or use forfeited articles

157A

Protection of security of India

158

Power of High Courts to make rules

159

Power of Central Government to make rules

160

Rules to be placed before Parliament

161

Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911

162

Repeal of Act 2 of 1911 insofar as it relates to patents and saving

163

Amendment of Act 43 of 1958

Schedule

Amendments Of The Indian Patents And Designs Act, 1911

 

Foot Notes

An Act to amend and consolidate the law relating to patents

Be it enacted by Parliament in the Twenty first Year of the Republic of India as follows: -



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