The Patents Act,1970

CONTENTS

Sections	Particulars

	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
22	OMITTED
23	OMITTED
24	OMITTED

	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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