PATENTS ACT, 1970

ACT NO. 39 OF 1970
[19th September, 1970.]
An Act to amend and consolidate the law relating to patents.
BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:—

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S.1 Short title, extent and commencement

S.2 Definitions and interpretation

S.3 What are not inventions

S.4 Inventions relating to atomic energy not patentable

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

S.6 Persons entitled to apply for patents

S.7 Form of application

S.8 Information and undertaking regarding foreign applications

S.9 Provisional and complete specifications

S.10 Contents of specifications

S.11 Priority dates of claims of a complete specification

S.11(a) Publication of applications

S.11(b) Request for examination

S.12 Examination of application

S.13 Search for anticipation by previous publication and by prior claim

S.14 Consideration of the report of examiner by Controller

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

S.16 Power of Controller to make orders respecting division of application

S.17 Power of Controller to make orders respecting dating of application

S.18 Powers of Controller in cases of anticipation

S.19 Powers of Controller in case of potential infringement

S.20 Powers of Controller to make orders regarding substitution of applicants, etc

S.21 Time for putting application in order for grant

S.22 Acceptance of complete specification

S.23 Advertisement of acceptance of complete specification

S.24 Effect of acceptance of complete specification

S.24(a) Application for grant of exclusive rights

S.24(b) Grant of exclusive rights

S.24(c) Compulsory licences

S.24(d) Special provision for selling or distribution

S.24(e) Suits relating to infringements

S.24(f) Central Government and its officers not to be liable

S.25 Opposition to the patent

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

S.27 Refusal to patent without opposition

S.28 Mention of inventor as such in patent

S.29 Anticipation by previous publication

S.30 Anticipation by previous communication to Government

S.31 Anticipation by public display, etc

S.32 Anticipation by public working

S.33 Anticipation by use and publication after provisional specification

S.34 No anticipation if circumstances are only as described in sections 29, 30, 31 and 32

S.35 Secrecy directions relating to inventions relevant for defence purposes

S.36 Secrecy directions to be periodically reviewed

S.37 Consequences of secrecy directions

S.38 Revocation of secrecy directions and extension of time

S.39 Residents not to apply for patents outside India without prior permission

S.40 Liability for contravention of section 35 or section 39

S.41 Finality of orders of Controller and Central Government

S.42 Savings respecting disclosure to Government

S.43 Grant of patents

S.44 Amendment of patent granted to deceased applicant

S.45 Date of patent

S.46 Form, extent and effect of patent

S.47 Grant of patents to be subject to certain conditions

S.48 Rights of patentees

S.49 Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India

S.50 Rights of co-owners of patents

S.51 Power of Controller to give directions to co-owners

S.52 Grant of patent to true and first inventor where it has been obtained by another in fraud of him

S.53 Term of patent

S.54 Patents of addition

S.55 Term of patents of addition

S.56 Validity of patents of addition

S.57 Amendment of application and specification 1[or any document related thereto] before Controller

S.58 Amendment of specification before Appellate Board or High Court

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

S.60 Applications for restoration of lapsed patents

S.61 Procedure for disposal of applications for restoration of lapsed patents

S.62 Rights of patentees of lapsed patents which have been restored

S.63 Surrender of patents

S.64 Revocation of patents

S.65 Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy

S.66 Revocation of patent in public interest

S.67 Register of patents and particulars to be entered therein

S.68 Assignments, etc., not to be valid unless in writing and duly executed

S.69 Registration of assignments, transmissions, etc

S.70 Power of registered grantee or proprietor to deal with patent

S.71 Rectification of register by 1[Appellate Board]

S.72 Register to be open for inspection

S.73 Controller and other officers

S.74 Patent office and its branches

S.75 Restriction on employees of patent office as to right or interest in patents

S.76 Officers and employees not to furnish information, etc

S.77 Controller to have certain powers of a civil court

S.78 Power of Controller to correct clerical errors, etc

S.79 Evidence how to be given and powers of Controller in respect thereof

S.80 Exercise of discretionary powers by Controller

S.81 Disposal by Controller of applications for extension of time

S.82 Definition of “patented articles” and “patentee”

S.83 General principles applicable to working of patented inventions

S.84 Compulsory licences

S.85 Revocation of patents by the Controller for non-working

S.86 Power of Controller to adjourn applications for compulsory licences, etc., in certain cases

S.87 Procedure for dealing with applications under sections 84 and 85

S.88 Powers of Controller in granting compulsory licences

S.89 General purposes for granting compulsory licences

S.90 Terms and conditions of compulsory licences

S.91 Licensing of related patents

S.92 Special provision for compulsory licences on notifications by Central Government

S.92(a) Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances

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

S.94 Termination of compulsory licence

S.95 Terms and conditions of compulsory licenses

S.96 Licensing of related patents

S.97 Special provision for compulsory licenses on notification by Central Government

S.98 Order for license to operate as a deed between parties concerned

S.99 Meaning of use of invention for purposes of Government

S.100 Power of Central Government to use inventions for purposes of Government

S.101 Rights of third parties in respect of use of invention for purposes of Government

S.102 Acquisition of inventions and patents by the Central Government

S.103 Reference to High Court of disputes as to use for purposes of Government

S.104 Jurisdiction

S.104(a) Burden of proof in case of suits concerning infringement

S.105 Power of court to make declaration as to non-infringement

S.106 Power of court to grant relief in cases of groundless threats of infringement proceedings

S.107 Defences, etc., in suits for infringement

S.107(a) Certain acts not to be considered as infringement

S.108 Reliefs in suit for infringement

S.109 Right of exclusive licensee to take proceedings against infringement

S.110 Right of licensee under section 84 to take proceedings against infringement

S.111 Restriction on power of court to grant damages or account of profits for infringement

S.112 Restriction on power of court to grant injunction in certain cases

S.113 Certificate of validity of specification and costs of subsequent suits for infringement thereof

S.114 Relief for infringement of partially valid specification

S.115 Scientific advisers

S.116 Appellate Board

S.117 Staff of Appellate Board

S.117(a) Appeals to Appellate Board

S.117(b) Procedure and powers of Appellate Board

S.117(c) Bar of jurisdiction of courts, etc

S.117(d) Procedure for application for rectification, etc., before Appellate Board

S.117(e) Appearance of Controller in legal proceedings

S.117(f) Costs of Controller in proceedings before Appellate Board

S.117(g) Transfer of pending proceedings to Appellate Board

S.117(h) Power of Appellate Board to make rules

S.118 Contravention of secrecy provisions relating to certain inventions

S.119 Falsification of entries in register, etc

S.120 Unauthorised claim of patent rights

S.121 Wrongful use of words “patent office”

S.122 Refusal or failure to supply information

S.123 Practice by non-registered patent agents

S.124 Offences by companies

S.125 Register of patent agents

S.126 Qualifications for registration as patent agents

S.127 Rights of patent agents

S.128 Subscription and verification of certain documents by patent agents

S.129 Restrictions on practice as patent agents

S.130 Removal from register of patent agents and restoration

S.131 Power of Controller to refuse to deal with certain agents

S.132 Savings in respect of other persons authorised to act as agents

S.133 Convention countries

S.134 Notification as to countries not providing for reciprocity

S.135 Convention applications

S.136 Special provisions relating to convention application

S.137 Multiple priorities

S.138 Supplementary provisions as to convention applications

S.139 Other provisions of Act to apply to convention applications

S.140 Avoidance of certain restrictive conditions

S.141 Determination of certain contracts

S.142 Fees

S.143 Restrictions upon publication of specification

S.144 Reports of examiners to be confidential

S.145 Publication of official journal

S.146 Power of Controller to call for information from patentees

S.147 Evidence of entries, documents, etc

S.148 Declaration by infant, lunatic etc

S.149 Service of notices, etc., by post

S.150 Security for-costs

S.151 Transmission of orders of courts to Controller

S.152 Transmission of copies of specifications, etc., and inspection thereof

S.153 Information relating to patents

S.154 Loss or destruction of patents

S.155 Reports of Controller to be placed before Parliament

S.156 Patent to bind Government

S.157 Right of Government to sell or use forfeited articles

S.157(a) Protection of security of India

S.158 Power of High Courts to make rules

S.159 Power of Central Government to make rules

S.160 Rules to be placed before Parliament

S.161 Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911

S.162 Repeal of Act 2 of 1911 in so far as it relates to patents and savings

S.163 Amendment of Act 43 of 1958

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