Patents Act, 1970

141 sections.

• Section 1 — Short title, extent and commencement.
• Section 2 — Definitions and interpretation.
• Section 3 — What are not inventions.
• Section 4 — Section 2
• Section 5 — The Explanation ins
• Section 6 — The proviso omitted by Act 38 of 2002, s
• Section 7 — Sub-section (2) omitted by s
• Section 8 — Information and undertaking regarding foreign applications.
• Section 9 — Provisional and complete specifications.
• Section 10 — Contents of specifications.
• Section 11B — Request for examination.
• Section 11 — Priority dates of claims of a complete specification.
• Section 12 — Examination of application.
• Section 13 — Search for anticipation by previous publication and by prior claim.
• Section 14 — Section 64
• 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 — Section 76
• Section 22 — Section 77
• Section 24 — For section 78A, substitute
• Section 26 — Omit the Schedule
• 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 40 — Liability for contravention of section 35 or section 39.
• 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 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.
• Section 54 — Patents of addition.
• Section 55 — Term of patents of addition.
• Section 56 — Validity of patents of addition.
• Section 57 — Amendment of application and specification before Controller.
• 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.
• Section 66 — Revocation of patent in public interest.
• Section 67 — Register of patents and particulars to be entered therein.
• 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 1[High Court].
• 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.
• 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.
• 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.
• Section 104 — Jurisdiction.
• 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 suit for infringement.
• Section 108 — Reliefs in suits 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 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 117E — Appearance of Controller in legal proceedings.
• Section 117A — Appeals to 5[High Court].
• 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 122 — Refusal or failure to supply information.
• Section 123 — Practice by non-registered patent agents.
• Section 124B — Appeal.
• Section 124 — Offences by companies.
• 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.
• 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 144 — Reports of Examiners to be confidential.
• 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
• 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 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 162 — Repeal of Act 2 of 1911 in so far as it relates to patents and savings.