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The Patents Act,1970

The Patents Act,1970




Chapter 1 – 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 [Omitted by the Patents (Amdt.) Act, 2005, w.e.f. 1-1-2005]
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 – [Publication and Examination of Applications]
11A Publication of applications
11B Request for examination
12 Examination of application
13 Search for anticipation by previous publication and by prior claim
14 Consideration of the report of examiner by Controller
15 Power of Controller to refuse or require amended applications, etc., 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 grant
Chapter V – [Opposition Proceedings to Grant of Patents]
25 Opposition to the patent
26 In cases of “obtaining” Controller may treat the patent as the patent of opponent
27 [xxx]
28 Mention of inventor as such in patent
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 defence purposes
36 Secrecy directions to be periodically reviewed
37 Consequences of secrecy directions
38 Revocation of secrecy directions and extension of time
39 Residents not to apply for patents outside India without prior permission
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 of Patents and Rights Conferred Thereby]
43 Grant of patents
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 Appellate Board or 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 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 duly executed
69 Registration of assignments, transmissions, etc.
70 Power of registered grantee or proprietor to deal with patent
71 Rectification of register by [Appellate Board]
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 and Revocation
82 Definitions of “patented articles” and “patentee”
83 General principles applicable to working of patented inventions
84 Compulsory licences
85 Revocation of patents by the Controller for non-working
86 Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
87 Procedure for dealing with applications under sections 84 and 85
88 Powers of Controller in granting compulsory licences
89 General purposes for granting compulsory licences
90 Terms and conditions of compulsory licences
91 Licensing of related patents
92 Special provision for compulsory licences on notifications by Central Government
92A Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
93 Order for licence to operate as a deed between parties concerned
94 Termination of compulsory licence
95 [XXX]
96 [XXX]
97 [XXX]
98 [XXX]
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
104A Burden of proof in case of suits concerning infringement
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 Defences, etc. in suits for infringement
107A Certain acts not to be considered as infringement
108 Reliefs 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 [x x x]
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 to the Appellate Board
116 Appellate Board
117 Staff of Appellate Board
117A Appeals to Appellate Board
117B Procedure and powers of Appellate Board
117C Bar of jurisdiction of courts, etc
117D Procedure for application for rectification, etc., before Appellate Board
117E Appearance of Controller in legal proceedings
117F Costs of Controller in proceedings before Appellate Board
117G Tra
nsfer of pending proceedings to Appellate Board
117H Power of Appellate Board to make rules
Chapter XX – Penalties
118 Contravention of secrecy provisions relating to certain inventions
119 Falsification of entries in register, etc.
120 Unauthorised 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 authorised to act as agents
Chapter XXII – International Arrangements
133 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 specification
144 Reports of examiners to be confidential
145 Publication of official journal
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 [xxx]
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 [xxx]
162 Repeal of Act 2 of 1911 insofar as it relates to patents and saving
163 [xxx]

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