Indian Patents Act 1970
Indian Patents Act 1970 is an Act to amend and consolidate the law relating to patents. It was established in 1970 and came into effect on April 20, 1972, along with the Patent Rules 1972.
Arrangement of Sections
CHAPTER I – PRELIMINARY
Section 1. Short title, extent and commencement
Section 2. Definitions and interpretation
CHAPTER II – INVENTIONS NOT PATENTABLE
Section 3. What are not inventions
Section 4. Inventions relating to atomic energy not patentable
Section 5. [Omitted]
CHAPTER III – APPLICATIONS FOR PATENTS
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
CHAPTER IV – PUBLICATION AND EXAMINATION OF APPLICATIONS
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 the report of examiner by Controller
Section 15. Power of Controller to refuse or require amended applications, etc., in certain case
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 22-24. [Omitted]
CHAPTER IVA – [Omitted]
Section 24A-24F. [Omitted]
CHAPTER V – OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
Section 25. Opposition to the 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
CHAPTER VI – ANTICIPATION
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
CHAPTER VII – PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
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
CHAPTER VIII – GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY
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 inventor where it has been obtained by another in fraud of him
Section 53. Term of patent
CHAPTER IX – PATENTS OF ADDITION
Section 54. Patents of addition
Section 55. Term of patents of addition
Section 56. Validity of patents of addition
CHAPTER X – AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
Section 57. Amendment of application and specification or any document related thereto before Controller
Section 58. Amendment of specification before Appellate Board or High Court
Section 59. Supplementary provisions as to amendment of application or specification
CHAPTER XI – RESTORATION OF LAPSED PATENTS
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
CHAPTER XII – SURRENDER AND REVOCATION OF PATENTS
Section 63. Surrender of patents
Section 64. Revocation of 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
CHAPTER XIII – REGISTER OF PATENTS
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
CHAPTER XIV – PATENT OFFICE AND ITS ESTABLISHMENT
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.
CHAPTER XV – POWERS OF CONTROLLER GENERALLY
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
CHAPTER XVI – WORKING OF PATENTS,COMPULSORY LICENCES AND REVOCATION
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 95-98. [Omitted]
CHAPTER XVII – USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
Section 99. Meaning of use of invention for purposes of Government
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
CHAPTER XVIII – SUITS CONCERNING INFRINGEMENT OF PATENTS
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 suits for infringement
Section 107A. Certain acts not to be considered as infringement
Section 108. Reliefs in suit 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
CHAPTER XIX – APPEALS TO THE APPELLATE BOARD
Section 116. Appellate Board
Section 117. Omitted.
Section 117A. Appeals to Appellate Board
Section 117B. Omitted.
Section 117C. Bar of jurisdiction of courts, etc.
Section 117D. Omitted.
Section 117E. Appearance of Controller in legal proceedings
Section 117F. Omitted.
Section 117G. Omitted.
Section 117H. Omitted.
CHAPTER XX – PENALTIES
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. Wrongful use of words “patent office”
Section 122. Refusal or failure to supply information
Section 123. Practice by non-registered patent agents
Section 124. Offences by companies
CHAPTER XXI – PATENT AGENTS
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
CHAPTER XXII – INTERNATIONAL ARRANGEMENTS
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 application
Section 137. Multiple priorities
Section 138. Supplementary provisions as to convention applications
Section 139. Other provisions of Act to apply to convention applications
CHAPTER XXIII – MISCELLANEOUS
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
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]
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