Collegium System and its war with the Central Government – Kumar & Bhan

Collegium System and its war with the Central Government

“No institution in ‘democracy’ is perfect” -CJI DY Chandrachud

The Collegium system is the most debatable topic from the time of its origin. This system has emerged from the various judicial pronouncements of the Supreme Court.

A huge amount of criticism has been faced by the collegium system from the government and the society because of its negative aspects like obscurity and favouritism. Due to these issues, the debate has arisen again by the Central government.

Union Law Minister Kiren Rijiju has written to the Chief Justice of India, that he is not satisfied with the current system of appointing judges aka Collegium System, and has proposed the reintroduction of the National Judicial Appointment Commission (NJAC) and also suggested that the collegium should have at least one government nominee.

What is the collegium system?

The collegium system is a system which deals with the appointment and transfer of the judges of the different courts of India including the Chief Justice of India. It has not been developed by any Act or any provision of the constitution but it owes its origin to the various judgements.

The Present Collegium system comprises 5 judges including 4 Senior-Most Judges of the Supreme Court of India headed by the Chief Justice of India, similarly, Judges of High Courts are also appointed by a group of three Judges which is lead by the Chief Justice of India and other two senior-most judges of the respective High Courts.

Article 124(2) and Article 217 of the Indian constitution lay down that the Judges of the Supreme Court and High Court shall be appointed by the President of India after consultation with judges of the Supreme Court for the former and with the consultation of the Chief Justice of India, the Governor of the state for the latter.

Therefore, power has been Conferred in the hands of these people for the transfer and appointment of the Judges and the role of the government is only to choose those persons who are named by the collegium.

Origin and Journey of the collegium system:

Over time, the procedure of appointment has faced many changes and has transformed from being an executive function which has to be accomplished by the president to being a judicial function which is being exercised by the Chief Justice of India, and the role of the President has become no more than an approver.

The existence of the collegium system is itself an irony because it replaces a body established by the parliament(NJAC) based on it being unconstitutional while being unconstitutional itself.

Till the year 1973, there was a mutual agreement between the government and the Chief justice of India which led to the formation of the convention where it has been agreed that the chief justice of India will be the senior most judge of the Supreme Court but, in 1973, this convention was violated when A.N.Ray was appointed as the Chief Justice of India after superseding three other senior judges of the Supreme Court to him.

This incident saw its repetition in 1977. In this way, the clash between the executive and judiciary regarding the appointment of judges came into existence. Article 124(2) and 217 of the Indian Constitution states that The President shall appoint the judges after consulting with the judges of the Supreme Court and High Court whichever may be necessary but our Constitution is silent about the word “Consultation”. Such matter was later on decided in the following catena of judgements.

S.P. Gupta v Union of India (1981) (“First Judges’ Case”)
In 1981, the collegium system was surrounded by debates when the then law minister, Shiv Shankar filed a petition regarding the implementation of a policy for posting judges out of their home states.

While dealing with the several petitions, the court also shed some light on the power to appoint High Court and Supreme Court Judges and held that the Chief Justice of India and Chief Justice of the High court can only consult and only the executive can exercise the power of appointment.

Justice Bhagwati held that the word consultation does not mean concurrence. The decision of the Supreme Court Judges is not binding on the President in the matter of Appointment and transfer.

Supreme Court Advocate-on-Record Association vs Union of India (1993) (“Second Judges’ Case”)
The Supreme Court overruled its previous judgement in the S.P. Gupta case and held that the word “consultation” implies “concurrence” which means that the Chief Justice of India has the superiority over the President and his power is regarded as “unique, singular and primal”.

Further Supreme court stated that the decision of the Chief Justice of India is not solely his own but is of the collegium which consists of the CJI and Two other Senior Judges.

Re Presidential Reference (1998) (“Third Judges’ Case”)
In this case, 9 judge bench of the Supreme Court opined that the decision of the Chief justice of India has primacy and the collegium should consist of CJI along with 4 other senior-most Judges of the Supreme court which was earlier two in number.

In 2014 Bhartiya Janta Party (BJP) came to power and passed the National Judicial Appointment Commission Act. The composition of NJAC consisted of the CJI, 2 Senior-most judges of the Supreme Court, The Law Minister of India, and 2 eminent members that were chosen by the selection committee(the CJI, P.M., the leader of the opposition). Power has been given to the NJAC for recommending the names for the appointment of judges of the Supreme court and the Transfer and appointment of the judges of the high court.

The constitutionality of NJAC was challenged in the case of Supreme Court Advocate-on-Record Association vs Union of India (2015) andthe Majority of the Supreme Court declared it unconstitutional and violative of the Basic Structure doctrine of the Indian Constitution and also found it to be against the independence of the judiciary.

Hence in this way, the Present collegium system has evolved in which the President is obliged to consider the opinion of the Chief Justice of India and the opinion must be made after due Consultation with the Judges in the Collegium.

Should collegium be quashed?

The constitutional validity of the Collegium System is no doubt a big question and has been answered mostly negatively.

Late V.R. Krishna Iyer says regarding the nature of collegium:

Thus, today we have a curious creation with no backing under the Constitution, except a ruling of the Supreme Court, and that too based on a very thin majority in a single ruling. Today, the collegium on its own makes the selection. There is no particular structure to hear the public in the process of selection. No principle is laid down, no investigation is made, and a sort of anarchy prevails. In a minimal sense, the selection of judges of the highest court is done in an unprincipled manner, without investigation or study of the class character by the members of the collegium. There has been criticism of the judges so selected, but the collegium is not answerable to anyone.”

While reading Article 124(2) we often ignore the fact that the article and its application do not match and render the collegium unconstitutional. The article clearly says that:

Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.

Meaning, even if the collegium system is ignorant of the constitutional scheme accommodating a body for the appointment of judges, the membership of this very body must be verified and validated by the President of India.

The criticism of the collegium mainly revolves around the following grounds:

  • Transparency: Due to the absence of any criteria-based assessment and any information available regarding the working of the collegium system, makes it less reliable and credible.
  • Unconstitutional: In the Constitution, the word “collegium” is mentioned nowhere, and has been created by the judiciary for reserving the power to select judges.
  • Undemocratic: There is no role of the public in the selection of judges, and consequently the judges are not accountable to the people.
  • Nepotism: Many judges are appointed based on their relations with senior lawyers in the higher judiciary.

Putting aside all the criticism, the Supreme court still maintains that the collegium system is the most transparent body and it should neither be quashed nor replaced. Former Chief Justice UU Lalit also said that the collegium system will stay here unless the government revives the National Judicial Appointment Commission.


Image Credit: Telegraph India


About the Authors

Aditya Kumar Saraswat and Aman Bhan Pachauri are third year Students of the Faculty of Law, Aligarh Muslim University, Aligarh, India.

Shruti Vora v. SEBI: Case Comment – Jatan Singh

Case Comment Shruti Vora v. SEBI

Introduction

For the wholesome management and functioning of a corporate organisation, transparency, openness and disclosure are its fundamentals. And to achieve these qualities, it is essential to keep a fiduciary relationship among the members, managers, and stakeholders of the organisation. Good governance attracts the investors and increases their reliance on the companies. The directors of a company are its care taker and the future of the company is dependent upon the decisions of the directors. Therefore, the meetings and decisions of the company amount to extra sensitive information. Confidential information is only shared, when; either is benefits the company or is essential to do so. Hence, the internal information is to be kept in isolation, until disclosed in public. It has been observed since years that for gaining undue advantage over others, the ‘insiders’ manages to slip the private information and thus, engages in unfair trade.

In 1978, the Sachar Committee recommended to make stringent laws to acknowledge and tackle the details of those involved in trade of unpublished price sensitive information.

What is Insider Trading?

In 1986, the term ‘Insider Trading’ was defined by the G.S. Patel Committee as “trading by the persons who are in the management of the company or are close to the management of company, on the basis of price sensitive information of the company, which they possesses but is not available to others”1.

In 1989, the Abid Hussain Committee weighted to include the practice of insider trading as civil and criminal offence and to further lay stricter regulations by Security Exchange Board of India (herein after referred as SEBI).

The SEBI (Prohibition of Insider Trading) Regulation, 1992, defines it as a, “breach of duty of trust, by the, officers of the company towards the shareholders. It is a practice of using companies unpublished price sensitive information to deal with the companies’ securities. The Unpublished Price Sensitive Information (herein after referred as UPSI) is not known to public as it is connected with the decision making of the directors of the company. And the manipulation of such information for causing loss or gain is termed as insider trading.

What is Un-published Price Sensitive Information?

Unpublished price sensitive information is defined in Section 2(1) (n) of SEBI (Prohibition of Insider Trading) Regulations, 2015.

Information is referred to as price sensitive when it is not made public, is related to the internal decision of the company and if fired can affects the market value of the shares of the company and hence called as ‘price sensitive information’.

Who is an Insider?

Section 2(1) (g) of SEBI (Prohibition of Insider Trading) Regulations, 2015 defines an insider, as a person who is:

I. Connected person, or

II. In capacity of or having access to unpublished price sensitive information.

Facts of the Case

1. In November 2017, certain articles were in circulation in print media, wherein, it was alleged that the quarterly Unpublished Price Sensitive Information of various companies were in circulation in various private WhatsApp groups, before their official announcement. Against this, the SEBI conducted a preliminary examination in respect of circulation through WhatsApp groups and during these investigations 26 entities of Market Chatter Groups were searched and consequently, 190 electronic devices, records etc., were confiscated. The seized devices and records were further kept under observation and it was found that information in respect to 12 companies were allegedly leaked on WhatsApp, the alleged information relates to the earnings and other financial statements of the companies. Apart from the names of firms published in the aforesaid news articles, while investigation, SEBI further found out 11 firms whose UPSI was in circulation. Wipro Limited was one of them, about whom chat was retrieved from the WhatsApp of Shruti Vora, a participant of the alleged group. Based on further search and evidences one Govind Aggrawal was listed out, who communicated the information to Shruti Vora and then she to some Aditya Gaggar through WhatsApp.

2. Correspondingly, SEBI carried out a separate investigation in respect to Wipro Ltd., to specify any possible breach of the provisions of SEBI Act, 1992, and SEBI (Prohibition of Insider Trading) regulation, 2015 (Herein after referred as SEBI ‘PIT’ Regulations). On 25th January 2017, Wipro made announcement in respect to its quarter end financial statements. Therefore January 25th 2017 was the date when the company made its aforesaid price sensitive information public.

The SEBI asked the company to provide detailed chronology of the events with respect to the announcement of quarterly result published on January 2017.

And the following were observed, from the information provided by Wipro Ltd.:

  • The data, figures of Wipro Ltd., which were being circulated through WhatsApp prior to the official announcement on stock exchange.
  • The deviation in the alleged information being communicated and the one released by the company was miniscule that is, it was closely matching with the figures officially announced and was within the range of 0.03% to 0.47%.
  • Similar pattern was also seen in respect to other companies for different quarterly period.

3. The definition of ‘Unpublished Price Sensitive Information’ is provided under Regulation 2(1) (n) of SEBI(PIT) Regulation, 2015 as :

‘UPSI’ means any information, in respect to the company or its securities, directly or indirectly, that is usually not available to the public and which upon becoming public has the capacity to affect the price of securities etc.

4. In view of the above stated provision, the aforesaid WhatsApp messages related to the Wipro Ltd. was held to be the unpublished price sensitive information and such circulation of information through WhatsApp relating to financial figures of the company was observed as the transmission of the UPSI. The Noticees in the instant case viz. Prathiv Dalal and Shruti Vora were therefore accused of having possession of UPSI. And thereafter it was opined that Prathiv Dalal and Shruti Vora were ‘Insiders’ as according to the Regulation 2(1) (g) of SEBI (PIT), 2015 which is stated below:

‘INSIDER’ means any person who is:

  • A connected person or
  • In possession of or having access to unpublished price sensitive information.

5. In light of the above provision, it was contended that Prathiv Dalal and Shruti Vora have contravened the Section 12A(d) and (e) of SEBI Act, 1992 and Regulation 3(1) of SEBI (PIT) Regulations,2015, which states that “ no insider shall transmit, provide, allow access to any unpublished price sensitive information, relating to a company or securities listed..2

6. The companies in issue under the instant case were Bajaj Auto Ltd., Bata India Ltd., Ambuja Cements Ltd., Asian Paints Ltd., Mindtree Ltd., Wipro Ltd., wherein apart from Shruti Vora, Neeeraj Aggrawal, Aditya Gagar, Prathiv Dalal, (referred as ‘Appellants’ collectively) were charged for the offence of Insider Trading and a penalty of INR15, 00,000 was levied, under Section 15G of PIT regulation, 2015, in each matter by the Adjudicating Officer.

Consequently, the appellants approached the Honourable Securities Appellate Tribunal (herein after referred as SAT), against the order of Adjudicating Officer.

Assertion of The Adjudicating Officer

I. All the appellants either were employees or engaged in the securities market, and they were duty bound to abstain from sending any such information or message to any client or some entities to whom the information were forwarded were not even client.

II. The intended receivers of the messages were not the clients even; hence the recipients were capable to affect the market value of shares of the various companies.

III. Further, the proximity between the messages communicated through WhatsApp and the official announcement of the financial results, striking close resemblance of figures transmitted via message and actual output declared by the companies, also lead to the reasoning by the learned Adjudicating Officer to come to the conclusion that the messages were nothing but communication of unpublished price sensitive information in contravention of the SEBI (PIT) Regulations, 2015.

IV. During the course of investigation by the SEBI no proof of leakage of information could be traced from the concerned teams related to the respective companies.

V. It was further contended that the figures stated in the messages were not even in any approximate range but were in definite value. Therefore the reason put forth for denying the defence of appellants citing example of Bloomberg was that in case of estimates enumerated in Bloomberg were widely differing from the actual statements of the company.

Claims of the Appellants

All of the appellants raised the more or less same pleas, as follows:

  • They all asserted that the messages taken cognizance of by the respondent, SEBI, from their devices would show that none of the appellants were the generator of the messages but they had merely received and forwarded them to others. Further contended that, several other messages predicting inadequately the figures were in circulation, even though, no cognizance of them were taken during investigation.
  • The appellants were unable to trace the originator, owing to the lapse of the reasonable time, to show as to from whom they got the alleged messages. Also, asserted that even the respondent SEBI could not find the originator due to the limitation of end to end encryption and privacy policy of the messenger app.
  • The appellant further contented that making speculation ahead of the official disclosure or announcement of the final results in the market is in vogue these days. And this is known as ‘Heard on Street’, a popular practice within trade markets and such unsubstantiated information is widely circulated.

The appellants cited the example of the twitter handle managed by the Wall Street Journal in USA, particularly for the circulation of the Heard on Street.

Also of the forecast done by the Research Analysts, Bloomberg is a reputed organisation working in this regards, regularly publishing the estimates of various reputed entities as expected result.

  • The data mined by the respondent SEBI from the devices also showed that beside the messages taken forth as question numerous other messages relating to financial results were in circulation which substantially varied from the final results of the companies. However, only those messages were taken up closely matching with the results with the intention to launch the ongoing proceedings.
  • The appellants for further making their contention strong submitted that in the case of Wipro Ltd., the guidance issued by the company precisely matched with the evaluation given in the WhatsApp message which later on almost matched with the final disclosed statement with some minor deviation

    And on these assertions the appellants submitted that the proceedings against them shall be called off.

The learned Adjudicating Officer however, rejected the submission of appellants. And concluded that each of the appellant is guilty of violating the Section 12 of the SEBI Act, 1992 and of regulation 3(1) of the SEBI (PIT) Regulation, 2015, which run under as:

I. Section 12A(d) of SEBI Act, 1992

‘No person shall directly or indirectly engage in insider trading’.

II. Section 12A(e) of SEBI Act, 1992

‘No insider shall communicate, provide, or allow access to any unpublished price sensitive information, relating to a company or securities listed or proposed to be listed, to any person including other insider except where such communication is in furtherance of legitimate purpose, performance of duties or discharge of legal obligations’.3

Issue Involved In The Case

I. Whether a message ‘received and forwarded’ on WhatsApp regarding quarterly monetary results of a company closely resembling to the vital statistics, released after the in house finalisation by the company, before any public disclosure of the same by the concerned company, would amount to an unpublished price sensitive information under the provisions of the SEBI(PIT) Regulation, 2015?

Observations of the Securities Appellate Tribunal

The honourable tribunal was chaired by Justice, Tarun Aggrawal, Dr.C.K.G. Nair as a member and Justice M.T.Joshi as a judicial member, the bench held that the orders of the Adjudicating Officer were meritless and hence the appeals were allowed. And following observations were made by the bench:

  • It is worth to be noted that the respondent SEBI despite all efforts could not locate the source of the information or find out leakage, if any, from the side of companies internal management teams. And the same contention has been expressed by the Adjudicating Officer time and again.
  • In respect of the estimates of the broker which subsequently matched the with the final statement of the company, the Adjudicating Officer (herein after referred as AO) justified that, appellants never claimed that impugned messages had arisen from the market research similar to that of brokerage houses.

    The honourable bench of SAT, thus, observed that the AO failed to entertain the appellant’s plea that the WhatsApp message in issue would have been originated from such brokerage houses or from the speculations available on the platform of Bloomberg which were floating in public domain. Apart from this, learned AO also failed to took notice of several other messages of same nature received and forwarded by the appellant which were totally aloof from the published financial results. Moreover, the plea of the appellant Shruti Vora pointing out that similar message regarding the Axis Bank has also reached her which she had also forwarded. The published result, however, in this case was widely different and no weight-age was attached to the same by the AO. Therefore, it was observed by the honourable bench that on the conjoint reading of the Section 2(1) (n) and (g) of the PIT Regulation, 2015 the information contained in the WhatsApp message did not amount to the unpublished price sensitive information.
  • The definitions as stated above of ‘UPSI’ and ‘Insider’, shows that generally available information can not constitute the subject matter of price sensitive information.
  • Bench contended that, information can be labelled as unpublished price sensitive information only when the person getting the information had prior acknowledgement of it being price sensitive information. Intention or knowledge being mental element can be proved on the merit of preponderance of probability on attending circumstances4. And in the instant case there were no such circumstances except those possibilities advanced by the AO. Closeness of time and proximity between the information were the only two elements weighed by the learned AO to regard it as the UPSI. Therefore, element of prior knowledge must be there in case of insider trader.
  • The honourable bench in the instant case placed reliance on an earlier judgement of the Samir Arora v. SEBI5, wherein the tribunal rejected the viewpoint of SEBI that there is no need to establish any connection between the potential source of the UPSI and the person alleged to have possession of such price sensitive information.

For the above mentioned reasons the honourable bench withheld the reasoning and order of the learned AO, imposing a penal liability of INR15, 00,000 for each case.

The SEBI appealed against the order of the SAT in honourable Supreme Court; however, the apex court prima facie rejected the appeal.

Analysis of the Judgement

1. Determining what is UPSI?

‘UPSI’ means any information, in respect to the company or its securities, directly or indirectly, that is usually not available to the public and which upon becoming public has the capacity to affect the price of securities, means and includes the following6:

  • Financial results
  • Dividends
  • Change in capital structure etc.

It must be kept in mind that the messages being circulated through WhatsApp in the instant case, meet the requirements of as laid down in the definition mentioned above. However, for two reasons the tribunal has held that information not to be a UPSI, which are as follows:

a. The information could have originated in public domain prior to appellant sharing it and therefore it falls under the ambit of ‘generally available information7’, which means accessible to the public at large. This implies that only that information, which is on such front to be accessed by the public, would qualify for this definition.

However, in the present case the appellant do not have anything to put on record, specifying the availability of the alleged information to the public prior to their sharing it. Their assertion in this regard was solely based on the presumption of having origin from the brokerage houses or Bloomberg estimates which were circulated widely.

Thus, concluding we can say that tribunal proceeded on mere possibility of existence of such information in public domain.

b. The appellant were unaware of the fact that the impugned information was UPSI. The tribunal observed that only that information would be branded as UPSI, possessor of which had knowledge that it was a UPSI.

Even the rough reading of the definition of UPSI nowhere shows that ‘knowledge of the possessor’ is an essential of the UPSI. The objective behind it would have been to give it a broader perspective with the view of protecting investors’ interest. A UPSI whether share intentionally or unintentional is going to harm either directly or indirectly the investors. So, tribunal was supposed to deal with the matter instead deviated from its judicial function into the legislative one.

2. Relevance of tracing the source of UPSI

In the instant case tribunal has relied heavily on the fact that the source of origin could not be identified by the investigation team. Hence, appellant could not be held liable for committing insider trading.

However, the note provided in the Regulation 2(g) of PIT, 2015, states that, anyone having in possession the UPSI regardless of how he got it or accessed it, is to be considered as an ‘insider’. Therefore, the intent was to bring in ambit any person who is in possession or has access to UPSI. The onus of proving the fact is on the party asserting the fact while the other party would defend it by producing effective evidences.

A combine reading of the two provisions discussed above reflects that appellant were very well within the ambit of insider, since they were in possession of UPSI. And even the end note categorically states that anyone in possession of UPSI is insider regardless of how he/she acquired it.

But, on the contrary, the honourable tribunal relied upon the judgement of Samir Aroracase wherein it was observed that the establishment of connection between the source of information and the person possessing information is sine qua non for fixing liability under insider trading provisions.

Conclusion

Insider trading is still perceived as one of the white collar crimes in India. However, the global scenario is relatively different. Many a countries across the globe managed to curb the insider trading by implementing and executing stringent laws. Although, many regulations and laws in India the accused somehow, manages to free themselves from the clutches of the law.

In respect to the judgement discussed above, one can conclude that the tribunal has just gone the opposite of the legislative intend, a narrower interpretation was done by the bench which failed to meet the essence of the PIT regulation. Instead of sticking to the provisions laid down by the statutes, the tribunal went on to assume legislative function.

Therefore, this order of the tribunal has opened up the scope for the offenders to take up undue advantage over the investors and thus can easily evade from law. Therefore, there is a need to again re-examine the contentions of the bench, whether they were in consonance of the provisions of the statute or not.

Bibliography

BOOKS REFERRED:

  • C.G. Bhuwneshwar Mishra, Law Relating to Insider Trading, Taxmann, 11th edition 2018.
  • Eshwar Sabapathy, Case Digest on Insider Trading, Bloomsbury Professional India, 2022 edition.

STATUTORY PROVISIONS REFFERED:

  • Security Exchange Board of India Act, 1992 (Act no.15 of 1992)
  • Security Exchange Board of India (Prohibition of Insider Trading) Regulation, 2015 (as amended in 2021)

WEBSITES REFFERED:

  • Samir Arora vs. SEBI, available at, https://advance.lexis.com/document/?pdmfid=1523890&crid=e92adfc0-9bd14ab8- 9879, last visited on 7th December 2022.
  • Shruti Vora vs. SEBI, available at, https://sat.gov.in/english/pdf/E2021_JO2020313_.25.PDF , last visited on 7th December 2022.
  • Blog available at, https://www.taxmann.com/post/blog/key corporate law rulings of the year 2021/?amp, unknown author, last visited on 7th December 2022.
  • Judgement of Shruti Vora case available at, https://www.argus- p.com/uploads/km_updates/download/1591982258_order_no_7823-7824.pdf , last visited on 7th December 2022.

About the author

Jatan Singh is a 3 Year Student of the Faculty of Law, Aligarh Muslim University, Aligarh, India.

  1. Report of the, high powered committee on Stock Exchange Reform, available at http://indianculture.gov.in. Accessed on 6thDecember 2022. []
  2. Available at, https://sebi.gov.in/legal/regulations/…-august-05-2021-_41717.html. ( last accessed on 6th December 2022) []
  3. Statute available at, https://www.sebi.gov.in/acts/act15ac.html (accessed on 6th December 2022). []
  4. Para 16, Shruti Vora vs. SEBI Appeal No. 308 of 2020 []
  5. (2005) 59 SCL 96 SAT Mumbai []
  6. Defined in, regulation 2(1) (n) of SEBI (PIT), 2015 []
  7. Defined in, regulation 2(e) of PIT, 2015. []

Indian Patents Act 1970

Indian Patents Act 1970

Indian Patents Act 1970 is an Act to amend and consolidate the law relating to patents. It was established in 1970 and came into effect on April 20, 1972, along with the Patent Rules 1972.

Arrangement of Sections

CHAPTER I PRELIMINARY

Section 1. Short title, extent and commencement
Section 2. Definitions and interpretation

CHAPTER II – INVENTIONS NOT PATENTABLE

Section 3. What are not inventions
Section 4. Inventions relating to atomic energy not patentable
Section 5. [Omitted]

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]

Section 24A-24F. [Omitted]

CHAPTER V – OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

Section 25. Opposition to the patent
Section 26. In cases of “obtaining” Controller may treat the patent as the patent of opponent
Section 27. [Omitted]
Section 28. Mention of inventor as such in patent

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 IXPATENTS OF ADDITION

Section 54. Patents of addition
Section 55. Term of patents of addition
Section 56. Validity of patents of addition

CHAPTER X – AMENDMENT OF APPLICATIONS AND SPECIFICATIONS

Section 57. Amendment of application and specification or any document related thereto before Controller
Section 58. Amendment of specification before Appellate Board or High Court
Section 59. Supplementary provisions as to amendment of application or specification

CHAPTER XI – RESTORATION OF LAPSED PATENTS

Section 60. Applications for restoration of lapsed patents
Section 61. Procedure for disposal of applications for restoration of lapsed patents
Section 62. Rights of patentees of lapsed patents which have been restored

CHAPTER XII – SURRENDER AND REVOCATION OF PATENTS

Section 63. Surrender of patents
Section 64. Revocation of patents
Section 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
Section 66. Revocation of patent in public interest

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 – PATENT OFFICE AND ITS ESTABLISHMENT

Section 73. Controller and other officers
Section 74. Patent office and its branches
Section 75. Restriction on employees of patent office as to right or interest in patents
Section 76. Officers and employees not to furnish information, etc.

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. Omitted.
Section 117A. Appeals to Appellate Board
Section 117B. Omitted.
Section 117C. Bar of jurisdiction of courts, etc.
Section 117D. Omitted.
Section 117E. Appearance of Controller in legal proceedings
Section 117F. Omitted.
Section 117G. Omitted.
Section 117H. Omitted.

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]


See also:

Indian Constitution 1950

Indian Evidence Act 1872

Indian Contract Act 1872

Section 162 Indian Patents Act 1970

OTHER INDIAN LAWS 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 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. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the 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 inventor 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. Omitted. 57. Amendment of application and specification or any document related thereto 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 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. 95-98. (Omitted). 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 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. 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. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 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 application. 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. 164. Omitted.

Section 162 of the Indian Patents Act 1970

Section 162 of the Indian Patents Act 1970 is about Repeal of Act 2 of 1911 in so far as it relates to patents and savings. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Repeal of Act 2 of 1911 in so far as it relates to patents and savings

(1) The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall be amended in the manner specified in the Schedule.

(2) [Omitted]

(3) [Omitted]

(4) The mention of particular matters in this section shall not prejudice the general application of the General Clauses Act, 1897 (10 of 1897), with respect to repeals.

(5) Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed.


See also:

Section 160 Indian Patents Act 1970 (Rules to be placed before Parliament)

Section 160 Indian Patents Act 1970

OTHER INDIAN LAWS 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 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. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the 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 inventor 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. Omitted. 57. Amendment of application and specification or any document related thereto 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 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. 95-98. (Omitted). 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 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. 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. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 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 application. 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. 164. Omitted.

Section 160 of the Indian Patents Act 1970

Section 160 of the Indian Patents Act 1970 is about Rules to be placed before Parliament. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Rules to be placed before Parliament

Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


See also:

Section 159 Indian Patents Act 1970 (Power of Central Government to make rules)

Section 159 Indian Patents Act 1970

OTHER INDIAN LAWS 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 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. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the 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 inventor 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. Omitted. 57. Amendment of application and specification or any document related thereto 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 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. 95-98. (Omitted). 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 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. 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. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 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 application. 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. 164. Omitted.

Section 159 of the Indian Patents Act 1970

Section 159 of the Indian Patents Act 1970 is about Power of Central Government to make rules. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Power of Central Government to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, the Central Government may make rules to provide for all or any of the following matters, namely:—

            (i) the form and manner in which any application for a patent, any specifications or drawings and any other application or document may be filed in the patent office;

            (ia)   the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1), the period within which the details relating to processing of applications may be filed before the Controller and the details to be furnished by the applicant to the Controller under sub-section (2) of section 8;

            (ib)   the period within which a reference to the deposit of materials shall be made in the specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10;

            (ic)   the period for which application for patent shall not be open to the public under sub-section (1) and the manner in which the applicant may make a request to the Controller to publish his application under sub-section (2) of section 11 A;

            (id)   the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B;

            (ie)   the manner in which an application for withdrawal of an application for grant of a patent shall be made and the period within which a request for examination from the date of revocation of secrecy directions shall be made under the proviso to sub-section (4) of section 11B.

            (ii)   the time within which any act or thing may be done under this Act, including the manner in which and the time within which any matter may be published under this Act;

            (iii)   the fees which may be payable under this Act and the manner and time of payment of such fees;

            (iv)   the matters in respect of which the examiner may make a report to the Controller;

            (v)   the manner in which and the period within which the Controller shall consider and dispose off a representation under sub-section (1) of section 25;

            (va) the period within which the Controller is required to dispose of an application under section 39;

            (vi) the form and manner in which and the time within which any notice may be given under this Act;

            (vii) the provisions which may be inserted in an order for restoration of a patent for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent had ceased;

            (viii) the establishment of branch offices of the patent office and the regulation generally of the business of the patent office, including its branch offices;

            (ix) the maintenance of the register of patents and the safeguards to be observed in the maintenance of such register in computer floppies, diskettes or any other electronic form and the matters to be entered therein;

            (x) the matters in respect of which the Controller shall have powers of a civil court;

            (xi) the time when and the manner in which the register and any other document open to inspection may be inspected under this Act;

            (xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of section 115;

            (xiia) the salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub­section (2) and the manner in which the officers and other employees of the Appellate Board shall discharge their functions under sub­section (3) of section 117;

            (xiib) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 117A;

            (xiic) the form in which, and the particulars to be included in the application to the Appellate Board under sub-section (1) of section 117D;

            (xiii) the manner in which any compensation for acquisition by Government of an invention may be paid;

            (xiv) the manner in which the register of patent agents may be maintained under sub-section (1) of section 125 and the safeguards to be observed in the maintenance of such register of patent agents on computer floppies, diskettes or any other electronic form under sub­section (2) of that section; the conduct of qualifying examinations for patent agents; and matters connected with their practice and conduct, including the taking of disciplinary proceedings against patent agents for misconduct;

            (xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgements of, specifications and other documents in the patent office; and the inspection of indexes and abridgements and other documents;

            (xvi)   any other matter which has to be or may be prescribed.

(3) The power to make rules under this section shall be subject to condition of the rules being made after previous publication:
Provided that the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance.


See also:

Section 158 Indian Patents Act 1970 (Power of High Courts to make rules)

Section 158 Indian Patents Act 1970

OTHER INDIAN LAWS 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 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. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the 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 inventor 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. Omitted. 57. Amendment of application and specification or any document related thereto 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 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. 95-98. (Omitted). 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 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. 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. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 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 application. 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. 164. Omitted.

Section 158 of the Indian Patents Act 1970

Section 158 of the Indian Patents Act 1970 is about Power of High Courts to make rules. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Power of High Courts to make rules

The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act.


See also:

Section 157a Indian Patents Act 1970 (Protection of security of India)

Section 157A Indian Patents Act 1970

OTHER INDIAN LAWS 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 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. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the 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 inventor 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. Omitted. 57. Amendment of application and specification or any document related thereto 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 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. 95-98. (Omitted). 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 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. 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. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 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 application. 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. 164. Omitted.

Section 157A of the Indian Patents Act 1970

Section 157A of the Indian Patents Act 1970 is about Protection of security of India. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Protection of security of India

Notwithstanding anything contained in this Act, the Central Government shall:-

                (a) not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of security of India;

                (b) take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue if a notification in the Official Gazette to that effect.

Explanation.- For the purposes of this section, the expression “security of India” includes any action necessary for the security of India which-

                (i) relates to fissionable materials or the materials from which they are derived; or

                (ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or

                (iii) is taken in time of war or other emergency in international relations.


See also:

Section 157 Indian Patents Act 1970 (Right of Government to sell or use forfeited articles)

Section 157 Indian Patents Act 1970

OTHER INDIAN LAWS 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 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. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the 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 inventor 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. Omitted. 57. Amendment of application and specification or any document related thereto 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 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. 95-98. (Omitted). 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 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. 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. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 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 application. 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. 164. Omitted.

Section 157 of the Indian Patents Act 1970

Section 157 of the Indian Patents Act 1970 is about Right of Government to sell or use forfeited articles. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Right of Government to sell or use forfeited articles

Nothing in this Act shall affect the power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force.


See also:

Section 156 Indian Patents Act 1970 (Patent to bind Government)

Section 156 of the Indian Patents Act 1970

OTHER INDIAN LAWS 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 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. Omitted. 23. Omitted 24. Omitted 24A-24F. Omitted 25. Opposition to the 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 inventor 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. Omitted. 57. Amendment of application and specification or any document related thereto 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 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. 95-98. (Omitted). 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 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. 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. Omitted. 117A. Appeals to Appellate Board. 117B. Omitted. 117C. Bar of jurisdiction of courts, etc. 117D. Omitted. 117E. Appearance of Controller in legal proceedings. 117F. Omitted. 117G. Omitted. 117H. Omitted. 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 application. 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. 164. Omitted.

Section 156 of the Indian Patents Act 1970

Section 156 of the Indian Patents Act 1970 is about Patent to bind Government. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Patent to bind Government

Subject to the other provisions contained in this Act, a patent shall have to all intents the like effect as against Government as it has against any person.


See also:

Section 155 Indian Patents Act 1970 (Reports of Controller to be placed before Parliament)