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 |