Click – 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.
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.
25. Opposition to the patent.
26. In cases of “obtaining” Controller may treat the patent as the patent of opponent.
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.
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
85. Revocation of patents by the Controller for non-working.
86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.
87. Procedure for dealing with applications under sections 84 and 85.
88. Powers of Controller in granting compulsory licences.
89. General purposes for granting compulsory licences.
90. Terms and conditions of compulsory licences.
91. Licensing of related patents.
92. Special provision for compulsory licences on notifications by Central Government.
92A. Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances.
93. Order for licence to operate as a deed between parties concerned.
94. Termination of compulsory licence.
99. Meaning of use of invention for purposes of Government.
100. Power of Central Government to use inventions for purposes of Government.
101. Rights of third parties in respect of use of invention for purposes of Government.
102. Acquisition of inventions and patents by the Central Government.
103. Reference to High Court of disputes as to use for purposes of Government.
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.
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.
117A. Appeals to Appellate Board.
117C. Bar of jurisdiction of courts, etc.
117E. Appearance of Controller in legal proceedings.
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.
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.
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.
162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings.
Section 92 of the Indian Patents Act 1970
Section 92 of the Indian Patents Act 1970 is about Special provision for compulsory licences on notifications by Central Government. It is under CHAPTER XVI of the Act. CHAPTER XVI is titled WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION.
(1) If the Central Government is satisfied, in respect of any patent in force in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use, that it is necessary that compulsory licences should be granted at any time after the sealing thereof to work the invention, it may make a declaration to that effect, by notification in the Official Gazette, and thereupon the following provisions shall have effect, that is to say,–
(i) the Controller shall, on application made at any time after the notification by any person interested, grant to the applicant a licence under the patent on such terms and conditions as he thinks fit;
(ii) in settling the terms and conditions of a licence granted under this section, the Controller shall endeavour to secure that the articles manufactured under the patent shall be available to the public at the lowest prices consistent with the patentees deriving a reasonable advantage from their patent rights.
(2) The provisions of sections 83, 87, 88, 89 and 90 shall apply in relation to the grant of licences under this section as they apply in relation to the grant of licences under section 84.
(3) Notwithstanding anything contained in sub-section
(2), where the Controller is satisfied on consideration of the application referred to in clause (i) of sub-section (1) that it is necessary in–
(i) a circumstance of national emergency; or
(ii) a circumstance of extreme urgency; or
(iii) a case of public non-commercial use,
which may arise or is required, as the case may be, including public health crises, relating to Acquired Immuno Deficiency Syndrome, human immunodeficiency virus, tuberculosis, malaria or other epidemics, he shall not apply any procedure specified in section 87 in relation to that application for grant of licence under this section:
Provided that the Controller shall, as soon as may be practicable, inform the patentee of the patent relating to the application for such non-application of section 87.
Section 91 Indian Patents Act 1970 (Licensing of related patents.)