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The Patents Act, 1970
Act ID: 1970
The Patents Act, 1970
"An Act to amend and consolidate the law relating to patents."
Table of Contents
172 Sections
Ch. I
Chapter I
S.1
Short title, extent and commencement
S.2
Definitions and interpretation
S.5
Inventions where only methods or processes of manufacture patentable
S.15
Power of Controller to refuse or require amended applications in certain cases
S.23
Time for putting invention into commercial working
S.27
General principles applicable to working of patented inventions
S.30
Surrender of patents
S.34
Hearing before Controller in proceedings for revocation
S.38
Date of patent
S.40
Contents of patent
S.41
Amendment of patent granted to deceased applicant
S.42
Validity of patent not guaranteed
S.44
[Omitted]
S.66
Revocation of patent in the public interest
S.68
Powers of Controller in granting compulsory licences
S.75
Application by Central Government for compulsory licence
S.79
Procedure for dealing with applications under sections 77 and 78
S.81
Revocation of patent by Controller for non-working
S.93
Grant of compulsory licence in circumstances of national emergency
S.96
Power of Controller to adjourn proceedings for infringement in certain cases
S.97
Court to consider validity of patent
S.98
Relief in suit for infringement
S.110
Certificate of contested validity of specification
S.112
Costs of Controller in proceedings before court
S.118
Maintenance of register
S.119
Trust not to be entered in register
S.121
Register to be open for inspection
S.123
Correction of errors in patents and applications
S.133
Convention applications
S.139
Notification of countries having reciprocal arrangements
S.143
Power of Controller to correct clerical errors
S.144
Exercise of discretionary power by Controller
S.145
Right of audience in proceedings before Controller
S.149
Service of notices
S.150
Security for costs and payments by foreign applicant
S.152
Fees
S.153
Agents
S.154
Restriction on practice before Controller
S.155
Refusal to grant patent in certain cases
S.156
Rights of patentees to take proceedings for infringement
S.157
[Omitted]
S.158
Power to make rules
S.160
Power to remove difficulties
S.161
Repeals and savings
Ch. II
Chapter II
S.3
What are not inventions
Ch. III
Chapter III
S.6
Persons entitled to apply for patents
S.7
Form of application
S.8
Information and undertaking regarding foreign applications
S.9
Provisional and complete specifications
S.10
Contents of specifications
S.11
Priority dates of claims of a complete specification
Ch. IV
Chapter IV
S.11A
Publication of applications
S.11B
Request for examination
S.12
Examination of application
S.13
Search for anticipation by previous publication and by prior claim
S.16
Power of Controller to make orders respecting division of application
S.17
Power of Controller to make orders respecting dating of application
S.18
Powers of Controller in cases of anticipation
S.19
Powers of Controller in case of potential infringement
S.20
Powers of Controller to make orders regarding substitution of applicants, etc
S.21
Time for putting application in order for grant
Ch. V
Chapter V
S.25
Opposition to the patent
S.26
In cases of "obtaining" Controller may treat the patent as the patent of opponent
S.28
Mention of inventor as such in patent
Ch. VI
Chapter VI
S.29
Anticipation by previous publication
S.31
Anticipation by public display, etc
S.32
Anticipation by public working
S.33
Anticipation by use and publication after provisional Specification
Ch. VII
Chapter VII
S.35
Secrecy directions relating to inventions relevant for defence purposes
S.36
Secrecy directions to be periodically reviewed
S.37
Consequences of secrecy directions
S.39
Residents not to apply for patents outside India without prior permission
Ch. VIII
Chapter VIII
S.43
Grant of patents
S.45
Date of patent
S.46
Form, extent and effect of patent
S.47
Grant of patents to be subject to certain conditions
S.48
Rights of patentees
S.49
Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India
S.50
Rights of co-owners of patents
S.51
Power of Controller to give directions to co-owners
S.52
Grant of patent to true and first inventor where it has been obtained by another in fraud of him
S.53
Term of patent
Ch. IX
Chapter IX
S.54
Patents of addition
S.55
Term of patents of addition
S.56
Validity of patents of addition
Ch. X
Chapter X
S.57
Amendment of application and specification or any document relating thereto before Controller
S.58
Amendment of specification before Appellate Board or High Court
S.59
Supplementary provisions as to amendment of application or specification
Ch. XI
Chapter XI
S.60
Applications for restorations of lapsed patents
S.61
Procedure for disposal of applications for restoration of lapsed patents
S.62
Rights of patentees of lapsed patents which have been restored
Ch. XII
Chapter XII
S.63
Surrender of patents
S.64
Revocation of patents
S.65
Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.
Ch. XIII
Chapter XIII
S.67
Register of patents and particulars to be entered therein
S.69
Registration of assignments, transmissions, etc
S.70
Power of registered grantee or proprietor to deal with patent
S.71
Rectification of register by Appellate Board
S.72
Register to be open for inspection
Ch. XIV
Chapter XIV
S.73
Controller and other officers
S.74
Patent office and its branches
S.76
Officers and employees not to furnish information, etc
Ch. XV
Chapter XV
S.77
Controller to have certain powers of a civil court
S.78
Power of Controller to correct clerical errors etc
S.80
Exercise of discretionary powers by Controller
Ch. XVI
Chapter XVI
S.82
Definition of "patented articles" and "patentee"
S.83
General principles applicable to working of patented inventions
S.84
Compulsory licences
S.85
Revocation of patents by the Controller for non-working
S.86
Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
S.87
Procedure for dealing with applications under sections 84 and 85
S.88
Powers of Controller in granting compulsory licences
S.89
General purposes for granting compulsory licences
S.90
Terms and conditions of compulsory licences
S.91
Licensing of related patents
S.92
Special provision for compulsory licences on notifications by Central Government
S.92A
Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
S.94
Termination of compulsory licence
S.95
Section 95
Ch. XVII
Chapter XVII
S.99
Meaning of use of invention for purposes of Government
S.100
Power of Central Government to use inventions for purposes of Government
S.101
Rights of third parties in respect of use of invention for purposes of Government
S.102
Acquisition of inventions and patents by the Central Government
S.103
Reference to High Court of disputes as to use for purposes of Government
Ch. XVIII
Chapter XVIII
S.104
Jurisdiction
S.104A
Burden of proof in case of suits concerning infringement
S.105
Power of court to make declaration as to non-infringement
S.106
Power of court to grant relief in cases of groundless threats of infringement proceedings
S.107
Defences, etc., in suits for infringement
S.107A
Certain acts not to be considered as infringement
S.108
Reliefs in suit for infringement
S.109
Right of exclusive licensee to take proceedings against infringement
S.111
Restriction on power of court to grant damages or account of profits for infringement
S.113
Certificate of validity of specification and costs of subsequent suits for infringement thereof
S.114
Relief for infringement of partially valid specification
S.115
Scientific advisers
Ch. XIX
Chapter XIX
S.116
Appellate Board
S.117
Staff of Appellate Board
S.117A
Appeals to Appellate Board
S.117D
Procedure for application for rectification, etc., before Appellate Board
S.117E
Appearance of Controller in legal proceedings
Ch. XX
Chapter XX
S.120
Unauthorised claim of patent rights
S.122
Refusal or failure to supply information
S.124
Offences by companies
Ch. XXI
Chapter XXI
S.125
Register of patent agents
S.126
Qualifications for registration as patent agents
S.127
Rights of patent agents
S.128
Subscription and verification of certain documents by patent agents
S.129
Restrictions on practice as patent agents
S.130
Removal from register of patent agents and restoration
S.131
Power of Controller to refuse to deal with certain agents
S.132
Savings in respect of other persons authorised to act as agents
Ch. XXII
Chapter XXII
S.134
Notification as to countries not providing for reciprocity
S.135
Convention applications
S.136
Special provisions relating to convention application
S.137
Multiple priorities
S.138
Supplementary provisions as to convention applications
Ch. XXIII
Chapter XXIII
S.4
Section 4
S.14
Section 64— (a) in sub-section (1), omit "patents or" and omit the word "either" wherever it occurs; (b) in sub-section (5), omit clause (a)
S.22
Section 77
S.24
For section 78A, substitute
S.140
Avoidance of certain restrictive conditions
S.141
Determination of certain contracts
S.142
Fees
S.146
Power of Controller to call for information from patentees
S.147
Evidence of entries, documents, etc
S.148
Declaration by infant, lunatic etc
S.151
Transmission of orders of courts to Controller
S.157A
Protection of security of India
S.159
Power of Central Government to make rules
S.162
Repeal of Act 2 of 1911 in so far as it relates to patents and savings
S.163
Amendment of Act 43 of 1958