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THE PATENTS ACT

BananaIP Counsels > THE PATENTS ACT

THE PATENTS ACT, 1970

 

(As last amended in 2005)

 

Chapter 1 – Preliminary

1. Short title, extent and commencement.

2. Definitions and interpretation.

 

Chapter 2 – Inventions Not Patentable

3. What are not inventions.

4. Inventions relating to atomic energy not patentable.

5. Inventions where only methods or processes of manufacture patentable.

 

Chapter 3 – Applications for Patents

6. Persons entitled to apply for patents

7. For 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.

 

Chapter 4 – 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 the report of examiner by controller.

15. Power of controller to refuse or require amended applications, etc., in certain case.

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 4 A – Exclusive Marketing Rights (Omitted)

24A. Application for grant of exclusive rights.

24B. Grant of exclusive rights.

24C. Compulsory licences.

24D. Special provision for selling or distribution.

24E. Suits relating to infringements.

24F. Central government and its officers not to be liable.­

 

Chapter 5 – Opposition Proceedings to Grant of Patents

25. Opposition to the patent.

26. In cases of “obtaining” controller may treat the patent as the patent of opponent.

27. Refusal to patent without opposition.

28. Mention of inventor as such in patent.

 

Chapter 6 – 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 7 – 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 8 – 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.

52. Term of patent.

 

Chapter 9 – Patents of Addition

54. Patents of addition.

55. Term of patents of addition.

56. Validity of patents of addition.

 

Chapter 10 – Amendment of Applications and Specification

57. Amendment of application and specification or any document relating thereto before controller.

58. Amendment of specification before appellate board or high court.

59. Supplementary provisions as to amendment of application or specification.

 

Chapter 11 – Restoration of Lapsed Patents

60. Applications for restorations 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.

 

Chapter 12 – Surrender and Revocation of Patents

63. Surrender of patents.

64. Revocation of 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.

 

Chapter 13 – 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 appellate board.

72. Register to open for inspection.

 

Chapter 14 – Patent Office and Its Establishment

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.

 

Chapter 15 – Powers of Controller Generally

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.

 

Chapter 16 – 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.

93. Order for licence to operate as a deed between parties concerned.

94. Termination of compulsory licence.

95 -98 – [ omitted by the patents (amendment) act, 2002 ]

 

Chapter 17 – 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 18 – 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 suits for infringement.

107A. Certain acts not to be considered as infringement

108. Reliefs in suit 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 19 – Appeals To The Appellate Board

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.

 

Chapter 20 – Penalties

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.

 

Chapter 21 – 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 22 – International Arrangements

133. Convention countries.

134. Notification as to countries not providing for reciprocity.

135. Convention applications.

136. Special provisions relating to convention application.

137. Multiple priorities.

138. Supplementary provisions as to convention applications.

139. Other provisions of act to apply to convention applications.

 

Chapter 23 – 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 specifications, etc., and inspection thereof.

153. Information relating to patents.

154. Loss or destruction of patents.

156. Reports of controller to be placed before parliament.

157. Patent to bind government.

157A. Right of government to sell or use forfeited articles.

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.

 

The Schedule – Specified Disability

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