The Patents Act, 1970
Central Act ยท Act 39 of 1970157 provisions13 citing judgments
The enactment
| Long title | An Act to amend and consolidate the law relating to patents. |
|---|---|
| Type | Act |
| Citation | Act 39 of 1970 |
| Year | 1970 |
| Jurisdiction | Central |
| Ministry | Ministry of Commerce and Industry |
| Status | In force as published by the source |
| Provisions published | 157 |
| Subjects | ip |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title, extent and commencement.
- Section 2 Definitions and interpretation.
- Section 3 What are not inventions.
- Section 4 Inventions relating to atomic energy not patentable.
- Section 6 Persons entitled to apply for patents.
- Section 7 Form of application.1 citing judgment
- 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.
- 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 report of examiner by Controller.
- Section 15 Power of Controller to refuse or require amended applications, etc., in certain cases.
- 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 25 Opposition to patent.
- Section 26 In cases of "obtaining" Controller may treat the patent as the patent of opponent.
- Section 28 Mention of inventor as such in patent.
- 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.
- 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.
- 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 inventions where it has been obtained by another in fraud of him.
- Section 53 Term of patent.
- Section 54 Patents of addition.
- Section 55 Term of patents of addition.
- Section 57 Amendment of application and specification before Controller.
- Section 58 Amendment of specification before Appellate Board or High Court.
- Section 59 Supplementary provisions as to amendment of application or specification.
- 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.
- Section 63 Surrender of patents.
- Section 64 Revocation of Power patents.1 citing judgment
- 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.1 citing judgment
- 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.
- 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.
- 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.
- 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.1 citing judgment
- 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 99 Meaning of use of invention for purposes of Government.
- Section 100 Power of Central Government to use inventions for purposes of Government.1 citing judgment
- 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.1 citing judgment
- Section 103 Reference to High Court of disputes as to use for purposes of Government.
- Section 104 Jurisdiction.4 citing judgments
- 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.1 citing judgment
- Section 107 Defences, etc., in suit for infringement.
- Section 107A Certain acts not to be considered as infringement.
- Section 108 Reliefs in suits for infringement.1 citing judgment
- 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 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.
- Section 116 Appellate Board.
- Section 117A Appeals to Appellate Board.
- Section 117C Bar of jurisdiction of courts, etc.
- Section 117E Appearance of Controller in legal proceedings.
- 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 Omitted.
- Section 122 Refusal or failure to supply information.
- Section 123 Practice by non-registered patent agents.
- Section 124 Offences by companies.
- Section 125 Register of patent agents.
- Section 126 Qualifications for registration as patent agents.
- Section 127 Rights of 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.
- 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 applications.
- Section 137 Multiple priorities.
- Section 138 Supplementary provisions as to convention applications.
- Section 139 Other provisions of Act to apply to convention applications.
- 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 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.1 citing judgment
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