Intellectual Property and Technology
The Patents Act, 1970
Act 39 of 1970 · 175 sections
Practise questions on Intellectual Property Law
Title, date and preamble
[19th September, 1970.]
An Act to amend and consolidate the law relating to patents.
BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II INVENTIONS NOT PATENTABLE
CHAPTER III APPLICATIONS FOR PATENTS
CHAPTER IV PUBLICATION AND EXAMINATION OF APPLICATIONS
- 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.Acceptance of complete specification
- 23.Advertisement of acceptance of complete specification
- 24.Effect of acceptance of complete specification
CHAPTER V OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
CHAPTER VI ANTICIPATION
- 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
CHAPTER VII PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
- 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
CHAPTER VIII GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY
- 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 inventor where it has been obtained by another in fraud of him
- 53.Term of patent
CHAPTER IX PATENTS OF ADDITION
CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
CHAPTER XI RESTORATION OF LAPSED PATENTS
CHAPTER XII SURRENDER AND REVOCATION OF PATENTS
CHAPTER XIII REGISTER OF PATENTS
- 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 [High Court]
- 72.Register to be open for inspection
CHAPTER XIV PATENT OFFICE AND ITS ESTABLISHMENT
CHAPTER XV POWERS OF CONTROLLER GENERALLY
CHAPTER XVI WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION
- 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
CHAPTER XVII USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
- 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
CHAPTER XVIII SUITS CONCERNING INFRINGEMENT OF PATENTS
- 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.Restriction on power of court to grant injunction in certain cases
- 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
CHAPTER XIX APPEALS
- 116.Appellate Board
- 117.Staff of Appellate Board
- 117A.Appeals to [High Court]
- 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
CHAPTER XX PUNISHMENTS
- 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
- 124A.Adjudication of penalties
- 124B.Appeal
CHAPTER XXI PATENT AGENTS
- 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
CHAPTER XXII INTERNATIONAL ARRANGEMENTS
- 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
CHAPTER XXIII MISCELLANEOUS
- 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.Transmission of copies of specification, etc., and inspection thereof
- 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.Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911
- 162.Repeal of Act 2 of 1911 in so far as it relates to patents and savings
- 163.Amendment of Act 43 of 1958
Schedules and appendices
Schedules are not yet reproduced here. Read them in the official file; each link opens the page where the Schedule begins.