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Patents Act, 1970 (39 of 1970) Complete Act - Bare Act

StateCentral Government
Year
Act Info:
Preamble1 - PATENTS ACT, 1970
Chapter I
Section1 - Short title, extent and commencement
Section2 - Definitions and interpretation
Chapter II
Section3 - What are not inventions
Section4 - Inventions relating to atomic energy not patentable
Section5 - Omitted
Chapter III
Section6 - Persons entitled to apply for patents
Section7 - Form of application
Section8 - Information and undertaking regarding foreign applications
Section9 - Provisional and complete specifications
Section10 - Contents of specifications
Section11 - Priority dates of claims of a complete specification
ChapterIV - EXAMINATION AND PUBLICATION OF APPLICATIONS
Section11A - Publication of applications
Section11B - Request for examination
Section12 - Examination of application
Section13 - Search for anticipation by previous publication and by prior claim
Section14 - Consideration of the report of examiner by Controller
Section15 - Power of Controller to refuse or require amended applications, etc., in certain case
Section16 - Power of Controller to make orders respecting division of application
Section17 - Power of Controller to make orders respecting dating of application
Section18 - Powers of Controller in cases of anticipation
Section19 - Powers of Controller in case of potential infringement
Section20 - Powers of Controller to make orders regarding substitution of applicants, etc.
Section21 - Time for putting application in order for grant
Section22 - Acceptance of complete specification [Omitted]
Section23 - Advertisement of acceptance of complete specification [Omitted]
Section24 - Effect of acceptance of complete specification [Omitted]
ChapterIVA - EXCLUSIVE MARKETING RIGHTS [OMITTED]
ChapterV - OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
Section25 - Opposition to the patent
Section26 - In cases of "obtaining" Controller may treat the patent as the patent of opponent
Section27 - Omitted
Section28 - Mention of inventor as such in patent
Chapter VI
Section29 - Anticipation by previous publication
Section30 - Anticipation by previous communication to Government
Section31 - Anticipation by public display, etc.
Section32 - Anticipation by public working
Section33 - Anticipation by use and publication after provisional specification
Section34 - No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
Chapter VII
Section35 - Secrecy directions relating to inventions relevant for defence purposes
Section36 - Secrecy directions to be periodically reviewed
Section37 - Consequences of secrecy direction
Section38 - Revocation of secrecy directions and extension of time
Section39 - Residents not to apply for patents outside India without prior permission
Section40 - Liability for contravention of section 35 or section 39
Section41 - Finality of orders of Controller and Central Government
Section42 - Savings respecting disclosure to Government
ChapterVIII - GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY
Section43 - Grant of patents
Section44 - Amendment of patent granted to deceased applicant
Section45 - Date of patent
Section46 - Form, extent and effect of patent
Section47 - Grant of patents to be subject to certain conditions
Section48 - Rights of patentees
Section49 - Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India
Section50 - Rights of co-owners of patents
Section51 - Power of Controller to give directions to co-owners
Section52 - Grant of patent to true and first inventor where it has been obtained by another in fraud of him
Section53 - Term of patent
Chapter IX
Section54 - Patents of addition
Section55 - Term of patents of addition
Section56 - Validity of patents of addition
Chapter X
Section57 - Amendment of application and specification before Controller
Section58 - Amendment of specification before Appellate Board or High Court
Section59 - Supplementary provisions as to amendment of application or specification
Chapter XI
Section60 - Applications for restoration of lapsed patents
Section61 - Procedure for disposal of applications for restoration of lapsed patents
Section62 - Rights of patentees of lapsed patents which have been restored
Chapter XII
Section63 - Surrender of patents
Section64 - Revocation of patents
Section65 - Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
Section66 - Revocation of patent in public interest
Chapter XIII
Section67 - Register of patents and particulars to be entered therein
Section68 - Assignments, etc., not to be valid unless in writing and duly executed
Section69 - Registration of assignments, transmissions, etc.
Section70 - Power of registered grantee or proprietor to deal with patent
Section71 - Rectification of register by [Appellate Board]
Section72 - Register to be open for inspection
Chapter XIV
Section73 - Controller and other officers
Section74 - Patent office and its branches
Section75 - Restriction on employees of patent office as to right or interest in patents
Section76 - Officers and employees not to furnish information, etc.
Chapter XV
Section77 - Controller to have certain powers of a civil court
Section78 - Power of Controller to correct clerical errors, etc.
Section79 - Evidence how to be given and powers of Controller in respect thereof
Section80 - Exercise of discretionary powers by Controller
Section81 - Disposal by Controller of applications for extension of time
ChapterXVI - WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION
Section82 - Definition of "patented articles" and "patentee"
Section83 - General principles applicable to working of patented inventions
Section84 - Compulsory licences
Section85 - Revocation of patents by the Controller for non-working
Section86 - Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
Section87 - Procedure for dealing with applications under sections 84 and 85
Section88 - Powers of Controller in granting compulsory licences
Section89 - General purposes for granting compulsory licences
Section90 - Terms and conditions of compulsory licences
Section91 - Licensing of related patents
Section92 - Special provision for compulsory licences on notifications by Central Government
Section92A - Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
Section93 - Order for licence to operate as a deed between parties concerned
Section94 - Termination of compulsory licence
Chapter XVII
Section99 - Meaning of use of invention for purposes of Government
Section100 - Power of Central Government to use inventions for purposes of Government
Section101 - Rights of third parties in respect of use of invention for purposes of Government
Section102 - Acquisition of inventions and patents by the Central Government
Section103 - Reference to High Court of disputes as to use for purposes of Government
Chapter XVIII
Section104 - Jurisdiction
Section104A - Burden of proof in case of suits concerning infringement
Section105 - Power of court to make declaration as to non-infringement
Section106 - Power of court to grant relief in cases of groundless threats of infringement proceedings
Section107 - Defences, etc., in suits for infringement
Section107A - Certain acts not to be considered as infringement
Section108 - Reliefs in suit for infringement
Section109 - Right of exclusive licensee to take proceedings against infringement
Section110 - Right of licensee under section 84 to take proceedings against infringement
Section111 - Restriction on power of court to grant damages or account of profits for infringement
Section112 - [Omitted]
Section113 - Certificate of validity of specification and costs of subsequent suits for infringement thereof
Section114 - Relief for infringement of partially valid specification
Section115 - Scientific advisers
ChapterXIX - APPEALS TO THE APPELLATE BOARD
Section116 - Appellate Board
Section117 - Staff of Appellate Board
Section117A - Appeals to Appellate Board
Section117B - Procedure and powers of Appellate Board
Section117C - Bar of jurisdiction of courts, etc.
Section117D - Procedure for application for rectification, etc., before Appellate Board
Section117E - Appearance of Controller in legal proceedings
Section117F - Costs of Controller in proceedings before Appellate Board
Section117G - Transfer of pending proceedings to Appellate Board
Section117H - Power of Appellate Board to make rules
Chapter XX
Section118 - Contravention of secrecy provisions relating to certain inventions
Section119 - Falsification of entries in register, etc.
Section120 - Unauthorised claim of patent rights
Section121 - Wrongful use of words "patent office"
Section122 - Refusal or failure to supply information
Section123 - Practice by non-registered patent agents
Section124 - Offences by companies
Chapter XXI
Section125 - Register of patent agents
Section126 - Qualifications for registration as patent agents
Section127 - Rights of patent agents
Section128 - Subscription and verification of certain documents by patent agents
Section129 - Restrictions on practice as patent agents
Section130 - Removal from register of patent agents and restoration
Section131 - Power of Controller to refuse to deal with certain agents
Section132 - Savings in respect of other persons authorised to act as agents
Chapter XXII
Section133 - Convention countries
Section134 - Notification as to countries not providing for reciprocity
Section135 - Convention applications
Section136 - Special provisions relating to convention application
Section137 - Multiple priorities
Section138 - Supplementary provisions as to convention applications
Section139 - Other provisions of Act to apply to convention applications
Chapter XXIII
Section140 - Avoidance of certain restrictive conditions
Section141 - Determination of certain contracts
Section142 - Fees
Section143 - Restrictions upon publication of specifications
Section144 - Reports of examiners to be confidential
Section145 - Publication of official journal
Section146 - Power of Controller to call for information from patentees
Section147 - Evidence of entries, documents, etc
Section148 - Declaration by infant, lunatic etc
Section149 - Service of notices, etc., by post
Section150 - Security for costs
Section151 - Transmission of orders of courts to Controller
Section152 - [Omitted]
Section153 - Information relating to patents
Section154 - Loss or destruction of patents
Section155 - Reports of Controller to be placed before Parliament
Section156 - Patent to bind Government
Section157 - Right of Government to sell or use forfeited articles
Section157A - Protection of security of India
Section158 - Power of High Courts to make rules
Section159 - Power of Central Government to make rules
Section160 - Rules to be placed before Parliament
Section161 - [Omitted]
Section162 - Repeal of Act 2 of 1911 in so far as it relates to patents and savings
Section163 - [Omitted]
Schedule1 - THE SCHEDULE
Amending ActI - AMENDMENT ACT
Amending ActII - AMENDMENT ACT


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