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:-