The Patents Act, 1970Central laws1970
The Patents Act, 1970
An Act to amend and consolidate the law relating to patents.
Some chapters of this Act are incomplete in our copy — a few sections did not come through from the source. For a section missing here, read the Government text (India Code or the State Gazette).
Act No. 39 of 1970 · Ministry of Commerce and Industry
- Sections
- 177
- Chapters
- 23
- Classified offences
- 5
Contents
IPreliminary§ 1–22 sections
IIInventions Not Patentable§ 3–53 sections1 repealed
IVPublication and Examination of Applications§ 11A–2415 sections3 repealed
- 11APublication of applications.
- 11BRequest for examination.
- 12Examination of application.
- 13Search for anticipation by previous publication and by prior claim.
- 14Consideration of report of examiner by Controller.
- 15Power of Controller to refuse or require amended applications, etc., in certain cases.
- 16Power of Controller to make orders respecting division of application.
- 17Power of Controller to make orders respecting dating of application.
- 18Powers of Controller in cases of anticipation.
- 19Powers of Controller in case of potential infringement.
- 20Powers of Controller to make orders regarding substitution of applicants etc.
- 21Time for putting application in order for grant.
- 22[Omitted.].(Repealed)
- 23[Omitted.].(Repealed)
- 24[Omitted.].(Repealed)
VOpposition Proceedings to Grant of Patents§ 25–284 sections1 repealed
VIAnticipation§ 29–346 sections
- 29Anticipation by previous publication.
- 30Anticipation by previous communication to Government.
- 31Anticipation by public display, etc.
- 32Anticipation by public working.
- 33Anticipation by use and publication after provisional specification.
- 34No anticipation if circumstances are only as described in sections 29, 30, 31 and 32.
VIIProvisions for Secrecy of Certain Inventions§ 35–428 sections
- 35Secrecy directions relating to inventions relevant for defence purposes.
- 36Secrecy directions to be periodically reviewed.
- 37Consequences of secrecy directions.
- 38Revocation of secrecy directions and extension of time.
- 39Residents not to apply for patents outside India without prior permission.
- 40Liability for contravention of section 35 or section 39.
- 41Finality of orders of Controller and Central Government.
- 42Savings respecting disclosure to Government.
VIIIGrant of Patents and Rights Conferred Thereby§ 43–5311 sections
- 43Grant of patents.
- 44Amendment of patent granted to deceased applicant.
- 45Date of patent.
- 46Form, extent and effect of patent.
- 47Grant of patents to be subject to certain conditions.
- 48Rights of patentees.
- 49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.
- 50Rights of co-owners of patents.
- 51Power of Controller to give directions to co-owners.
- 52Grant of patent to true and first inventions where it has been obtained by another in fraud of him.
- 53Term of patent.
IXPatents of Addition§ 54–563 sections
XAmendment of Applications and Specifications§ 57–593 sections
XIRestoration of Lapsed Patents§ 60–623 sections
XIIIRegister of Patents§ 67–726 sections
- 67Register of patents and particulars to be entered therein.
- 68Assignments, etc., not to be valid unless in writing and duly executed.
- 69Registration of assignments, transmissions, etc.
- 70Power of registered grantee or proprietor to deal with patent.
- 71Rectification of register by Appellate Board.
- 72Register to be open for inspection.
XIVPatent Office and Its Establishment§ 73–764 sections
XVPowers of Controller Generally§ 77–815 sections
XVIWorking of Patents, Compulsory Licences and Revocation§ 82–9818 sections4 repealed
- 82Definition of "patented articles" and "patentee".
- 83General principles applicable to working of patented inventions.
- 84Compulsory licences.
- 85Revocation of patents by the Controller for non-working.
- 86Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.
- 87Procedure for dealing with applications under sections 84 and 85.
- 88Powers of Controller in granting compulsory licences.
- 89General purposes for granting compulsory licences.
- 90Terms and conditions of compulsory licences.
- 91Licensing of related patents.
- 92Special provision for compulsory licences on notifications by Central Government.
- 92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.
- 93Order for licence to operate as a deed between parties concerned.
- 94Termination of compulsory licence.
- 95Repealed.(Repealed)
- 96Repealed.(Repealed)
- 97Repealed.(Repealed)
- 98Repealed.(Repealed)
XVIIUse of Inventions for Purposes of Government and Acquisition of Inventions by Central Government§ 99–1035 sections
- 99Meaning of use of invention for purposes of Government.
- 100Power of Central Government to use inventions for purposes of Government.
- 101Rights of third parties in respect of use of invention for purposes of Government.
- 102Acquisition of inventions and patents by the Central Government.
- 103Reference to High Court of disputes as to use for purposes of Government.
XVIIISuits Concerning Infringement of Patents§ 104–11514 sections1 repealed
- 104Jurisdiction.
- 104ABurden of proof in case of suits concerning infringement.
- 105Power of court to make declaration as to non-infringement.
- 106Power of court to grant relief in cases of groundless threats of infringement proceedings.
- 107Defences, etc., in suit for infringement.
- 107ACertain acts not to be considered as infringement.
- 108Reliefs in suits for infringement.
- 109Right of exclusive licensee to take proceedings against infringement.
- 110Right of licensee under section 84 to take proceedings against infringement.
- 111Restriction on power of court to grant damages or account of profits for infringement.
- 112[Omitted.].(Repealed)
- 113Certificate of validity of specification and costs of subsequent suits for infringement thereof.
- 114Relief for infringement of partially valid specification.
- 115Scientific advisers.
XIXAppeals to the Appellate Board§ 116–117H10 sections
- 116Appellate Board.
- 117Staff of Appellate Board.
- 117AAppeals to Appellate Board.
- 117BProcedure and powers of Appellate Board.
- 117CBar of jurisdiction of courts, etc.
- 117DProcedure for application for rectification, etc., before Appellate Board.
- 117EAppearance of Controller in legal proceedings.
- 117FCosts of Controller in proceedings before Appellate Board.
- 117GTransfer of pending proceedings to Appellate Board.
- 117HPower of Appellate Board to make rules.
XXPenalties§ 118–1247 sections1 repealed
XXIPatent Agents§ 125–1328 sections
- 125Register of patent agents.
- 126Qualifications for registration as patent agents.
- 127Rights of patent agents.
- 128Subscription and verification of certain documents by patent agents.
- 129Restrictions on practice as patent agents.
- 130Removal from register of patent agents and restoration.
- 131Power of Controller to refuse to deal with certain agents.
- 132Savings in respect of other persons authorised to act as agents.
XXIIInternational Arrangements§ 133–1397 sections
- 133Convention countries.
- 134Notification as to countries not providing for reciprocity.
- 135Convention applications.
- 136Special provisions relating to convention applications.
- 137Multiple priorities.
- 138Supplementary provisions as to convention applications.
- 139Other provisions of Act to apply to convention applications.
XXIIIMiscellaneous§ 140–16325 sections3 repealed
- 140Avoidance of certain restrictive conditions.
- 141Determination of certain contracts.
- 142Fees.
- 143Restrictions upon publication of specification.
- 144Reports of Examiners to be confidential.
- 145Publication of official journal.
- 146Power of Controller to call for information from patentees.
- 147Evidence of entries, documents, etc.
- 148Declaration by infant, lunatic, etc.
- 149Service of notices, etc., by post.
- 150Security for costs.
- 151Transmission of orders of courts to Controller.
- 152[Omitted.].(Repealed)
- 153Information relating to Patents.
- 154Loss or destruction of Patents.
- 155Reports of Controller to be placed before Parliament.
- 156Patent to bind Government.
- 157Right of Government to sell or use forfeited articles.
- 157AProtection of security of India.
- 158Power of High Courts to make rules.
- 159Power of Central Government to make rules.
- 160Rules to be placed before Parliament.
- 161[Omitted.].(Repealed)
- 162Repeal of Act 2 of 1911 in so far as it relates to patents and savings.
- 163[Omitted.].(Repealed)