Act 39 of 1970

The Patents Act, 1970

An Act to amend and consolidate the law relating to patents.

  • Ministry of Commerce and Industry
  • Department of Promotion of Industry and Internal Trade
  • Enacted 1970-09-19
  • 177 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions and interpretation. Read
3 What are not inventions. Read
4 Inventions relating to atomic energy not patentable. Read
5 [Omitted.]. Read
6 Persons entitled to apply for patents. Read
7 Form of application. Read
8 Information and undertaking regarding foreign applications. Read
9 Provisional and complete specifications. Read
10 Contents of specifications. Read
11 Priority dates of claims of a complete specification. Read
11A Publication of applications. Read
11B Request for examination. Read
12 Examination of application. Read
13 Search for anticipation by previous publication and by prior claim. Read
14 Consideration of report of examiner by Controller. Read
15 Power of Controller to refuse or require amended applications, etc., in certain cases. Read
16 Power of Controller to make orders respecting division of application. Read
17 Power of Controller to make orders respecting dating of application. Read
18 Powers of Controller in cases of anticipation. Read
19 Powers of Controller in case of potential infringement. Read
20 Powers of Controller to make orders regarding substitution of applicants etc. Read
21 Time for putting application in order for grant. Read
22 [Omitted.]. Read
23 [Omitted.]. Read
24 [Omitted.]. Read
25 Opposition to patent. Read
26 In cases of "obtaining" Controller may treat the patent as the patent of opponent. Read
27 [Omitted.]. Read
28 Mention of inventor as such in patent. Read
29 Anticipation by previous publication. Read
30 Anticipation by previous communication to Government. Read
31 Anticipation by public display, etc. Read
32 Anticipation by public working. Read
33 Anticipation by use and publication after provisional specification. Read
34 No anticipation if circumstances are only as described in sections 29, 30, 31 and 32. Read
35 Secrecy directions relating to inventions relevant for defence purposes. Read
36 Secrecy directions to be periodically reviewed. Read
37 Consequences of secrecy directions. Read
38 Revocation of secrecy directions and extension of time. Read
39 Residents not to apply for patents outside India without prior permission. Read
40 Liability for contravention of section 35 or section 39. Read
41 Finality of orders of Controller and Central Government. Read
42 Savings respecting disclosure to Government. Read
43 Grant of patents. Read
44 Amendment of patent granted to deceased applicant. Read
45 Date of patent. Read
46 Form, extent and effect of patent. Read
47 Grant of patents to be subject to certain conditions. Read
48 Rights of patentees. Read
49 Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India. Read
50 Rights of co-owners of patents. Read
51 Power of Controller to give directions to co-owners. Read
52 Grant of patent to true and first inventions where it has been obtained by another in fraud of him. Read
53 Term of patent. Read
54 Patents of addition. Read
55 Term of patents of addition. Read
56 Validity of patents of addition. Read
57 Amendment of application and specification before Controller. Read
58 Amendment of specification before Appellate Board or High Court. Read
59 Supplementary provisions as to amendment of application or specification. Read
60 Applications for restoration of lapsed patents. Read
61 Procedure for disposal of applications for restoration of lapsed patents. Read
62 Rights of patentees of lapsed patents which have been restored. Read
63 Surrender of patents. Read
64 Revocation of Power patents. Read
65 Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy. Read
66 Revocation of patent in public interest. Read
67 Register of patents and particulars to be entered therein. Read
68 Assignments, etc., not to be valid unless in writing and duly executed. Read
69 Registration of assignments, transmissions, etc. Read
70 Power of registered grantee or proprietor to deal with patent. Read
71 Rectification of register by Appellate Board. Read
72 Register to be open for inspection. Read
73 Controller and other officers. Read
74 Patent office and its branches. Read
75 Restriction on employees of patent office as to right or interest in patents. Read
76 Officers and employees not to furnish information, etc. Read
77 Controller to have certain powers of a civil court. Read
78 Power of Controller to correct clerical errors, etc. Read
79 Evidence how to be given and powers of Controller in respect thereof. Read
80 Exercise of discretionary powers by Controller. Read
81 Disposal by Controller of applications for extension of time. Read
82 Definition of "patented articles" and "patentee". Read
83 General principles applicable to working of patented inventions. Read
84 Compulsory licences. Read
85 Revocation of patents by the Controller for non-working. Read
86 Power of Controller to adjourn applications for compulsory licences, etc., in certain cases. Read
87 Procedure for dealing with applications under sections 84 and 85. Read
88 Powers of Controller in granting compulsory licences. Read
89 General purposes for granting compulsory licences. Read
90 Terms and conditions of compulsory licences. Read
91 Licensing of related patents. Read
92 Special provision for compulsory licences on notifications by Central Government. Read
92A Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances. Read
93 Order for licence to operate as a deed between parties concerned. Read
94 Termination of compulsory licence. Read
99 Meaning of use of invention for purposes of Government. Read
95 Repealed.Read
96 Repealed.Read
97 Repealed.Read
98 Repealed.Read
100 Power of Central Government to use inventions for purposes of Government. Read
101 Rights of third parties in respect of use of invention for purposes of Government. Read
102 Acquisition of inventions and patents by the Central Government. Read
103 Reference to High Court of disputes as to use for purposes of Government. Read
104 Jurisdiction. Read
104A Burden of proof in case of suits concerning infringement. Read
105 Power of court to make declaration as to non-infringement. Read
106 Power of court to grant relief in cases of groundless threats of infringement proceedings. Read
107 Defences, etc., in suit for infringement. Read
107A Certain acts not to be considered as infringement. Read
108 Reliefs in suits for infringement. Read
109 Right of exclusive licensee to take proceedings against infringement. Read
110 Right of licensee under section 84 to take proceedings against infringement. Read
111 Restriction on power of court to grant damages or account of profits for infringement. Read
112 [Omitted.]. Read
113 Certificate of validity of specification and costs of subsequent suits for infringement thereof. Read
114 Relief for infringement of partially valid specification. Read
115 Scientific advisers. Read
116 Appellate Board. Read
117 Staff of Appellate Board. Read
117A Appeals to Appellate Board. Read
117B Procedure and powers of Appellate Board. Read
117C Bar of jurisdiction of courts, etc. Read
117D Procedure for application for rectification, etc., before Appellate Board. Read
117E Appearance of Controller in legal proceedings. Read
117F Costs of Controller in proceedings before Appellate Board. Read
117G Transfer of pending proceedings to Appellate Board. Read
117H Power of Appellate Board to make rules. Read
118 Contravention of Secrecy provisions relating to certain inventions. Read
119 Falsification of entries in register, etc. Read
120 Unauthorised claim of patent rights. Read
121 Wrongful use of words "patent office". Read
122 Refusal or failure to supply information. Read
123 Practice by non-registered patent agents. Read
124 Offences by companies. Read
125 Register of patent agents. Read
126 Qualifications for registration as patent agents. Read
127 Rights of patent agents. Read
128 Subscription and verification of certain documents by patent agents. Read
129 Restrictions on practice as patent agents. Read
130 Removal from register of patent agents and restoration. Read
131 Power of Controller to refuse to deal with certain agents. Read
132 Savings in respect of other persons authorised to act as agents. Read
133 Convention countries. Read
134 Notification as to countries not providing for reciprocity. Read
135 Convention applications. Read
136 Special provisions relating to convention applications. Read
137 Multiple priorities. Read
138 Supplementary provisions as to convention applications. Read
139 Other provisions of Act to apply to convention applications. Read
140 Avoidance of certain restrictive conditions. Read
141 Determination of certain contracts. Read
142 Fees. Read
143 Restrictions upon publication of specification. Read
144 Reports of Examiners to be confidential. Read
145 Publication of official journal. Read
146 Power of Controller to call for information from patentees. Read
147 Evidence of entries, documents, etc. Read
148 Declaration by infant, lunatic, etc. Read
149 Service of notices, etc., by post. Read
150 Security for costs. Read
151 Transmission of orders of courts to Controller. Read
152 [Omitted.]. Read
153 Information relating to Patents. Read
154 Loss or destruction of Patents. Read
155 Reports of Controller to be placed before Parliament. Read
156 Patent to bind Government. Read
157 Right of Government to sell or use forfeited articles. Read
157A Protection of security of India. Read
158 Power of High Courts to make rules. Read
159 Power of Central Government to make rules. Read
160 Rules to be placed before Parliament. Read
161 [Omitted.]. Read
162 Repeal of Act 2 of 1911 in so far as it relates to patents and savings. Read
163 [Omitted.]. Read
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