Section List

39/1970 - The Patents Act, 1970 ▶

Act Number: 39

Act Name: The Patents Act, 1970

Year: 1970

Enactment Date: 1970-09-19

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

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