SECTIONS
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Patents
Act, 1970
As amended upto date |
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Preamble |
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CHAPTER I : PRELIMINARY |
| 1. |
Short title, extent and commencement |
| 2. |
Definition and interpretation |
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CHAPTER II : INVENTIONS NOT PATENTABLE |
| 3. |
What are not inventions |
| 4. |
Inventions relating to atomic energy not patentable |
| 5. |
[Omitted] Inventions where only methods or processes of manufacture patentable |
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CHAPTER III : APPLICATIONS FOR PATENTS |
| 6. |
Persons entitled to apply for Patents |
| 7. |
From application |
| 8. |
Information and undertaking regarding foreign applications |
| 9. |
Provisional and complete specifications |
| 10. |
Contents of specification |
| 11. |
Priority dates of claims of a complete specification |
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CHAPTER IV : PUBLICATION AND EXAMINATION OF
APPLICATIONS |
| 11-A. |
Publication of applications |
| 11-B. |
Request for examination |
| 12. |
Examination of application |
| 13. |
Search for anticipation by previous publications 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 cases |
| 16. |
Power of Controller of 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 applications etc |
| 21. |
Time for putting application in order for grant |
| 22. |
[Omitted] Acceptance of complete specification |
| 23. |
[Omitted] Advertisement of acceptance of complete specification |
| 24. |
[Omitted] Effect of acceptance of complete specification |
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Chapter IVA - EXCLUSIVE MARKETING RIGHTS [OMITTED] |
| 24-A. |
[Omitted by Patents (Amendment) Act, 2005 |
| 24-B. |
[Omitted by Patents (Amendment) Act, 2005] |
| 24-C. |
[Omitted by Patents (Amendment) Act, 2005] |
| 24-D. |
[Omitted by Patents (Amendment) Act, 2005] |
| 24-E. |
[Omitted by Patents (Amendment) Act, 2005] |
| 24-F. |
[Omitted by Patents (Amendment) Act, 2005] |
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CHAPTER V : OPPOSITION PROCEEDINGS TO GRANT
OF PATENTS |
| 25. |
Opposition to the patent |
| 26. |
In cases of "obtaining" Controller may treat the patent as the patent of opponent |
| 27. |
[Omitted] Refusal of patent without opposition |
| 28. |
Mention of inventor as such in patent |
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CHAPTER VI : ANTICIPATION |
| 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 |
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CHAPTER VII : PROVISIONS FOR SECRECY OF CERTAIN
INVENTIONS |
| 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 |
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CHAPTER VIII : GRANT OF PATENTS AND RIGHTS CONFERRED
THEREBY |
| 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 invention where it has been obtained by another in fraud of him |
| 53. |
Term of patent |
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CHAPTER IX : PATENTS OF ADDITION |
| 54. |
Patents of addition |
| 55. |
Term of patents of addition |
| 56. |
Validity of patents of addition |
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CHAPTER X : AMENDMENT OF APPLICATIONS AND SPECIFICATIONS |
| 57. |
Amendment of application and specification before Controller |
| 58. |
Amendment of specification before Appellate Board or High Court |
| 59. |
Supplementary provisions as to amendment of application or specification |
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CHAPTER XI : RESTORATION OF LAPSED PATENTS |
| 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 |
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CHAPTER XII : SURRENDER AND REVOCATION OF PATENTS |
| 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 |
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CHAPTER XIII : REGISTER OF PATENTS |
| 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 |
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CHAPTER XIV : PATENT OFFICE AND ITS ESTABLISHMENT |
| 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 |
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CHAPTER XV : POWERS OF CONTROLLER GENERALLY |
| 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 |
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CHAPTER XVI : WORKING OF PATENTS, COMPULSORY
LICENCES AND REVOCATION |
| 82. |
Definitions of "patented articles" and "patentee" |
| 83. |
General principles applicable to working of patented inventions |
| 84. |
Compulsory licences |
| 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 |
| 92-A. |
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 |
| 95. |
[Omitted by virtue of substitution of Chapter XVI vide Patents (Amendment) Act, 2002, section 39] |
| 96. |
[Omitted by virtue of substitution of Chapter XVI vide Patents (Amendment) Act, 2002, section 39] |
| 97. |
[Omitted by virtue of substitution of Chapter XVI vide Patents (Amendment) Act, 2002, section 39] |
| 98. |
[Omitted by virtue of substitution of Chapter XVI vide Patents (Amendment) Act, 2002, section 39] |
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CHAPTER XVII : USE OF INVENTIONS FOR PURPOSES
OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL
GOVERNMENT |
| 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 |
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CHAPTER XVIII : SUITS CONCERNING INFRINGEMENT
OF PATENTS |
| 104. |
Jurisdiction |
| 104-A. |
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 |
| 107-A. |
Certain acts not to be considered as infringement |
| 108. |
Reliefs in suits 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 |
| 112. |
[Omitted] Restriction on power of court to grant injunction in certain cases |
| 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 |
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CHAPTER XIX : APPEALS TO THE APPELLATE BOARD |
| 116. |
Appellate Board |
| 117. |
Staff of Appellate Board |
| 117-A. |
Appeals to Appellate Board |
| 117-B. |
Procedure and powers of Appellate Board |
| 117-C. |
Bar of jurisdiction of courts, etc |
| 117-D. |
Procedure for application for rectification, etc., before Appellate Board |
| 117-E. |
Appearance of Controller in legal proceedings |
| 117-F. |
Costs of Controller in proceedings before Appellate Board |
| 117-G. |
Transfer of pending proceedings to Appellate Board |
| 117-H. |
Power of Appellate Board to make rules |
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CHAPTER XX : PENALTIES |
| 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 |
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CHAPTER XXI : PATENT AGENTS |
| 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 |
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CHAPTER XXII : INTERNATIONAL ARRANGEMENTS |
| 133. |
Convention countries |
| 134. |
Notification as to countries not providing for reciprocity |
| 135. |
Convention applications |
| 136. |
Special provisions relating to convention applications |
| 137. |
Multiple priorities |
| 138. |
Supplementary provisions as to convention applications |
| 139. |
Other provisions of Act to apply to convention applications |
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CHAPTER XXIII : MISCELLANEOUS |
| 140. |
Avoidance of certain restrictive conditions |
| 141. |
Determination of certain contracts |
| 142. |
Fees |
| 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 |
| 152. |
[Omitted] Transmission of copies of specifications, etc., and inspection thereof |
| 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 |
| 157-A. |
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 |
| 161. |
[Omitted] |
| 162. |
Repeal of Act 2 of 1911 in so far as it relates to patents and savings |
| 163. |
Omitted |
