Patents Act, 1970

The Patents Act, 1970

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	1970-39
Act Number:	39
Enactment Date:	1970-09-19
Act Year:	1970
Short Title:	The Patents Act, 1970
Long Title:	An Act to amend and consolidate the law relating to patents.
Ministry:	Ministry of Commerce and Industry
Department:	Department of Promotion of Industry and Internal Trade
Enforcement Date:	01-04-1978


Schedule 1. THE SCHEDULE Order Appendix Forms

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Show all section The Patents Act, 1970

CHAPTER I

PRELIMINARY

CHAPTER II

INVENTIONS NOT PATENTABLE

CHAPTER III

APPLICATIONS FOR PATENTS

CHAPTER IV

PUBLICATION AND EXAMINATION OF APPLICATIONS

CHAPTER V

OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

CHAPTER VI

ANTICIPATION

CHAPTER VII

PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS

CHAPTER VIII

GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY

CHAPTER IX

PATENTS OF ADDITION

CHAPTER X

AMENDMENT OF APPLICATIONS AND SPECIFICATIONS

CHAPTER XI

RESTORATION OF LAPSED PATENTS

CHAPTER XII

SURRENDER AND REVOCATION OF PATENTS

CHAPTER XIII

REGISTER OF PATENTS

CHAPTER XIV

PATENT OFFICE AND ITS ESTABLISHMENT

CHAPTER XV

POWERS OF CONTROLLER GENERALLY

CHAPTER XVI

WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

CHAPTER XVII

USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT

CHAPTER XVIII

SUITS CONCERNING INFRINGEMENT OF PATENTS

CHAPTER XIX

APPEALS TO THE APPELLATE BOARD

CHAPTER XX

PENALTIES

CHAPTER XXI

PATENT AGENTS

CHAPTER XXII

INTERNATIONAL ARRANGEMENTS

CHAPTER XXIII

MISCELLANEOUS


Section 1. Short title, extent and commencement. Show Related Subordinates
Section 2. Definitions and interpretation.
Section 3. What are not inventions.
Section 4. Inventions relating to atomic energy not patentable.
Section 5. [Omitted.].
Section 6. Persons entitled to apply for patents.
Section 7. Form of application.
Section 8. Information and undertaking regarding foreign applications.
Section 9. Provisional and complete specifications.
Section 10. Contents of specifications.
Section 11. Priority dates of claims of a complete specification.
Section 11A. Publication of applications.
Section 11B. Request for examination.
Section 12. Examination of application.
Section 13. Search for anticipation by previous publication and by prior claim.
Section 14. Consideration of report of examiner by Controller.
Section 15. Power of Controller to refuse or require amended applications, etc., in certain cases.
Section 16. Power of Controller to make orders respecting division of application.
Section 17. Power of Controller to make orders respecting dating of application.
Section 18. Powers of Controller in cases of anticipation.
Section 19. Powers of Controller in case of potential infringement.
Section 20. Powers of Controller to make orders regarding substitution of applicants etc.
Section 21. Time for putting application in order for grant.
Section 22. [Omitted.].
Section 23. [Omitted.].
Section 24. [Omitted.].
Section 25. Opposition to patent.
Section 26. In cases of "obtaining" Controller may treat the patent as the patent of opponent.
Section 27. [Omitted.].
Section 28. Mention of inventor as such in patent.
Section 29. Anticipation by previous publication.
Section 30. Anticipation by previous communication to Government.
Section 31. Anticipation by public display, etc.
Section 32. Anticipation by public working.
Section 33. Anticipation by use and publication after provisional specification.
Section 34. No anticipation if circumstances are only as described in sections 29, 30, 31 and 32.
Section 35. Secrecy directions relating to inventions relevant for defence purposes.
Section 36. Secrecy directions to be periodically reviewed.
Section 37. Consequences of secrecy directions.
Section 38. Revocation of secrecy directions and extension of time.
Section 39. Residents not to apply for patents outside India without prior permission.
Section 40. Liability for contravention of section 35 or section 39.
Section 41. Finality of orders of Controller and Central Government.
Section 42. Savings respecting disclosure to Government.
Section 43. Grant of patents.
Section 44. Amendment of patent granted to deceased applicant.
Section 45. Date of patent.
Section 46. Form, extent and effect of patent.
Section 47. Grant of patents to be subject to certain conditions.
Section 48. Rights of patentees.
Section 49. Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.
Section 50. Rights of co-owners of patents.
Section 51. Power of Controller to give directions to co-owners.
Section 52. Grant of patent to true and first inventions where it has been obtained by another in fraud of him.
Section 53. Term of patent.
Section 54. Patents of addition.
Section 55. Term of patents of addition.
Section 56. Validity of patents of addition.
Section 57. Amendment of application and specification before Controller.
Section 58. Amendment of specification before Appellate Board or High Court.
Section 59. Supplementary provisions as to amendment of application or specification.
Section 60. Applications for restoration of lapsed patents.
Section 61. Procedure for disposal of applications for restoration of lapsed patents.
Section 62. Rights of patentees of lapsed patents which have been restored.
Section 63. Surrender of patents.
Section 64. Revocation of Power patents.
Section 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.
Section 66. Revocation of patent in public interest.
Section 67. Register of patents and particulars to be entered therein.
Section 68. Assignments, etc., not to be valid unless in writing and duly executed.
Section 69. Registration of assignments, transmissions, etc.
Section 70. Power of registered grantee or proprietor to deal with patent.
Section 71. Rectification of register by Appellate Board.
Section 72. Register to be open for inspection.
Section 73. Controller and other officers.
Section 74. Patent office and its branches.
Section 75. Restriction on employees of patent office as to right or interest in patents.
Section 76. Officers and employees not to furnish information, etc.
Section 77. Controller to have certain powers of a civil court.
Section 78. Power of Controller to correct clerical errors, etc.
Section 79. Evidence how to be given and powers of Controller in respect thereof.
Section 80. Exercise of discretionary powers by Controller.
Section 81. Disposal by Controller of applications for extension of time.
Section 82. Definition of "patented articles" and "patentee".
Section 83. General principles applicable to working of patented inventions.
Section 84. Compulsory licences.
Section 85. Revocation of patents by the Controller for non-working.
Section 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.
Section 87. Procedure for dealing with applications under sections 84 and 85.
Section 88. Powers of Controller in granting compulsory licences.
Section 89. General purposes for granting compulsory licences.
Section 90. Terms and conditions of compulsory licences.
Section 91. Licensing of related patents.
Section 92. Special provision for compulsory licences on notifications by Central Government.
Section 92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.
Section 93. Order for licence to operate as a deed between parties concerned.
Section 94. Termination of compulsory licence.
Section 99. Meaning of use of invention for purposes of Government.
Section 95. Repealed.
Section 96. Repealed.
Section 97. Repealed.
Section 98. Repealed.
Section 100. Power of Central Government to use inventions for purposes of Government.
Section 101. Rights of third parties in respect of use of invention for purposes of Government.
Section 102. Acquisition of inventions and patents by the Central Government.
Section 103. Reference to High Court of disputes as to use for purposes of Government.
Section 104. Jurisdiction.
Section 104A. Burden of proof in case of suits concerning infringement.
Section 105. Power of court to make declaration as to non-infringement.
Section 106. Power of court to grant relief in cases of groundless threats of infringement proceedings.
Section 107. Defences, etc., in suit for infringement.
Section 107A. Certain acts not to be considered as infringement.
Section 108. Reliefs in suits for infringement.
Section 109. Right of exclusive licensee to take proceedings against infringement.
Section 110. Right of licensee under section 84 to take proceedings against infringement.
Section 111. Restriction on power of court to grant damages or account of profits for infringement.
Section 112. [Omitted.].
Section 113. Certificate of validity of specification and costs of subsequent suits for infringement thereof.
Section 114. Relief for infringement of partially valid specification.
Section 115. Scientific advisers.
Section 116. Appellate Board.
Section 117. Staff of Appellate Board.
Section 117A. Appeals to Appellate Board.
Section 117B. Procedure and powers of Appellate Board.
Section 117C. Bar of jurisdiction of courts, etc.
Section 117D. Procedure for application for rectification, etc., before Appellate Board.
Section 117E. Appearance of Controller in legal proceedings.
Section 117F. Costs of Controller in proceedings before Appellate Board.
Section 117G. Transfer of pending proceedings to Appellate Board.
Section 117H. Power of Appellate Board to make rules.
Section 118. Contravention of Secrecy provisions relating to certain inventions.
Section 119. Falsification of entries in register, etc.
Section 120. Unauthorised claim of patent rights.
Section 121. Omitted.
Section 122. Refusal or failure to supply information.
Section 123. Practice by non-registered patent agents.
Section 124. Offences by companies.
Section 124A. Adjudication of penalties.
Section 124B. Appeal.
Section 125. Register of patent agents.
Section 126. Qualifications for registration as patent agents.
Section 127. Rights of patent agents.
Section 128. Subscription and verification of certain documents by patent agents.
Section 129. Restrictions on practice as patent agents.
Section 130. Removal from register of patent agents and restoration.
Section 131. Power of Controller to refuse to deal with certain agents.
Section 132. Savings in respect of other persons authorised to act as agents.
Section 133. Convention countries.
Section 134. Notification as to countries not providing for reciprocity.
Section 135. Convention applications.
Section 136. Special provisions relating to convention applications.
Section 137. Multiple priorities.
Section 138. Supplementary provisions as to convention applications.
Section 139. Other provisions of Act to apply to convention applications.
Section 140. Avoidance of certain restrictive conditions.
Section 141. Determination of certain contracts.
Section 142. Fees.
Section 143. Restrictions upon publication of specification.
Section 144. Reports of Examiners to be confidential.
Section 145. Publication of official journal.
Section 146. Power of Controller to call for information from patentees.
Section 147. Evidence of entries, documents, etc.
Section 148. Declaration by infant, lunatic, etc.
Section 149. Service of notices, etc., by post.
Section 150. Security for costs.
Section 151. Transmission of orders of courts to Controller.
Section 152. [Omitted.].
Section 153. Information relating to Patents.
Section 154. Loss or destruction of Patents.
Section 155. Reports of Controller to be placed before Parliament.
Section 156. Patent to bind Government.
Section 157. Right of Government to sell or use forfeited articles.
Section 157A. Protection of security of India.
Section 158. Power of High Courts to make rules.
Section 159. Power of Central Government to make rules. Show Related Subordinates
Section 160. Rules to be placed before Parliament.
Section 161. [Omitted.].
Section 162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings.
Section 163. [Omitted.].


Schedule 1. THE SCHEDULE Order Appendix Forms

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
02-05-2003	The Patents Rules, 2003
05-05-2006	The Patents (Amendment) rules, 2006
25-09-2012	The Patents (Amendment) rules, 2012
23-04-2013	The Patents (Amendment) Rules, 2013
28-02-2014	The Patents (Amendment) Rules, 2014
16-05-2016	The Patents (Amendment) Rules, 2016
01-12-2017	The Patents (Amendment) Rules, 2017
17-09-2019	The Patents (Amendment) Rules, 2019
15-10-2019	Corrigendum: The Patents (Amendment) Rules, 2019

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
18-12-2020	Patents Amendment Rules 2020
18-12-2020	Patents (2nd Amendment) Rules, 2020

Schedule 1. THE SCHEDULE