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 IX – PATENTS 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 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 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 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 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 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 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

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)

Section 155 of the Indian Patents Act 1970

Section 155 of the Indian Patents Act 1970 is about Reports of Controller to be placed before Parliament. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Reports of Controller to be placed before Parliament

The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller.

See also:

Section 154 Indian Patents Act 1970 (Loss or destruction of patents)

Section 154 of the Indian Patents Act 1970

Section 154 of the Indian Patents Act 1970 is about Loss or destruction of patents. It is under CHAPTER XXIII of the Act. CHAPTER XXIII is titled MISCELLANEOUS.

Loss or destruction of patents

If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the controller, the Controller may at any time, on application made in the prescribed manner and on payment of the prescribed fee, cause a duplicate thereof to be sealed and delivered to the applicant.

See also:

Section 153 Indian Patents Act 1970 (Information relating to patents)