The Patents Act, 1970
Chapter I
Chapter II
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]
CHAPTER V
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
CHAPTER X
AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
CHAPTER XI
CHAPTER XI
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
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. 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
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]
Notes and Disclaimers:
- The e-Version incorporates all the amendments in the Patents Act, 1970 and the Patent Rules, 2003 and is updated till 23-06-2017.
- For details of every amendments, please refer to the relevant Gazette available on website (http://www.ipindia.gov.in).
- While every effort has been made to ensure the correctness of the contents of e-version. In case of any discrepancy or deviation, the contents of the Gazette(s) shall prevail on e-Version .
