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THE PATENTS ACT, 1970<br/>Introduction<br/>Sections<br/>CHAPTER I<br/>PRELIMINARY<br/>1. Short title, extent and commencement ^^^Definitions and interpretation yy^HAPTER II<br/>INVENTIONS NOT PATENTABLE<br/>What are not inventions '4. Inventions relating to atomic energy not patentable<br/>5. [Repealed]<br/>CHAPTER III<br/>u^Xpplications for patents —6? Persons entitled to apply for patents 7. Form of application Information and undertaking regarding foreign applications - "^--9rTrovisional and complete specifications ' 10. Contents of specifications '11. Priority dates of claims of a complete specification<br/>CHAPTER IV ayu<br/>V—- PUBLICATION AND EXAMINATION OF APPLICATIONS ^____J,1A. Publication of applications<br/>Request for examination 12. Examination of application 13. Search for anticipation by previous publication and by prior claim 14. Consideration of the report of examiner by Controller 15. Power of Controller to refuse or require amended applications, etc.,<br/>in certain case 16. Power of Controller to 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 applicants, etc. 21. Time for putting application in order for grant 22-24. [Repealed] r<br/><br/>Sections<br/>CHAPTER IVA [Repealed]<br/>24A-24F. [Repealed]<br/>CHAPTER V<br/>OPPOSITION PROCEEDINGS TO GRANT OF PATENTS 2^. Opposition to.the patent 26. In cases of "obtaining" Controller may treat the patent as the patent of opponent 27. [Repealed] 28. Mention of inventor as such in patent<br/>CHAPTER VI<br/>ANTICIPATION<br/>29. Anticipation by previous publication<br/>30. Anticipation by previous communication to Government 31. Anticipation by public display, etc.<br/>32. Anticipation by public working<br/>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<br/>CHAPTER VII<br/>PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS<br/>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 CHAPTER VIIl<br/>GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY<br/>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 . ^ Rights of patentees 49. Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India Rights of co-owners of patents<br/>51. Power of Controller to give directions to co-owners<br/><br/>Sections<br/>52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him 53. Term of patent<br/>CHAPTER IX<br/>PATENTS OF ADDITION<br/>54. Patents of addition<br/>55. Term of patents of addition 56. Validity of patents of addition<br/>CHAPTER X<br/>AMENDMENT OF APPLICATIONS AND SPECIFICATIONS 57. Amendment of application and specification or any document<br/>related thereto before Controller 58. Amendment of specification before Appellate Board or High Court. 59. Supplementary provisions as to amendment of application or specification<br/>CHAPTER XI<br/>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<br/>CHAPTER XII<br/>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<br/>CHAPTER XIII<br/>REGISTER OF PATENTS 67.^4?egister of patents and particulars to be entered therein 68«,ASsignments, etc., not to be valid unless in writing and duly executed ^9^egistration of assignments, transmissions, etc. 7a Power of registered grantee or proprietor to deal with patent 71^ectification of register by Appellate Board 72. Register to be open for inspection CHAPTER XIV VA €-1<br/>PATENT OFFICE AND ITS ESTABLISHMENT 73. Controller and other officers<br/>74. Patent office and its branches<br/><br/>Sections<br/>75. Restriction on employees of patent office as to right or interest in patents<br/>76. Officers and employees not to furnish information, etc.<br/>CHAPTER XV<br/>POWERS OF CONTROLLER GENERALLY<br/>77. Controller to have certain powers of a civil court<br/>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 . CHAPTER XVI<br/>WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION<br/>82. Definition of "patented articles" and "patentee" 83. General principles applicable to working of patented inventions<br/>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 92A. 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 • 95-98. [Repealed] CHAPTER XVII IISF 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 Govemmen 103. Reference to High Court of disputes as to use for purposes -• of Government<br/><br/>CHAPTER XVlll<br/>SUITS CONCERNING INFRINGEMENT OF PATENTS uX04. Jurisdiction 63 104A. Burden of proof in case of suits concerning infringement 63 105. Power of court to make declaration as to non-infringement . 63 106. Power of court to grant relief in cases of groundless threats of 64infringement proceedings 107. Defences, etc., in suits for infringement 64 .^7A. Certain acts not to be considered as infringement 65 >-108. Reliefs in suit for infringement 65 ^ 109. Right of exclusive licensee to take proceedings 65against infringement ^^-110. Right of licensee under section 84 to take proceedings 65against infringement .111. Restriction on power of court to grant damages or account 66of profits for infringement 112. [Repealed] 66 113. Certificate of validity of specification and costs of subsequent suits 66for infringement thereof 114. Relief for infringement of partially valid specification 67 -^.1-15. Scientific advisers<br/>CHAPTER XIX<br/>APPEALS TO THE APPELLATE BOARD<br/>67<br/>• 116. Appellate Board 68 117. Staff of Appellate Board 68 V_M7A. Appeals to Appellate Board 68 N_JU7B. Procedure and powers of Appellate Board 69 N^17C. Bar of jurisdiction of courts, etc. 69 v.^l7D. Procedure for application for rectification, etc.. 69before Appellate Board , 117E. Appearance of Controller in legal proceedings 69 117F. Costs of Controller in proceedings before Appellate Board 70 V...117G. Transfer of pending proceedings to Appellate Board 70 117H. Power of Appellate Board to make rules<br/>CHAPTER XX<br/>70<br/>^.PENALTIES Contravention of secrecy provisions relating to certain inventions .118. 70 119. Falsification of entries in register, etc. 70 120. Unauthorised claim of patent rights 70 121. Wrongful use of words "patent office" . 71 122. Refusal or failure to supply information 71<br/>Sections<br/>123. Practice by non-registered patent agents<br/>124. Offences by companies<br/>CHAPTER XXI<br/>PATENT AGENTS<br/>125. Register of patent agents<br/>126. Qualifications for registration as patent agents<br/>127. Rights of patent agents<br/>128. Subscription and verification of certain documents by patent agents<br/>129. Restrictions on practice as patent agents<br/>130. Removal from register of patent agents and restoration<br/>131. Power of Controller to refuse to deal with certain agents<br/>132. Savings in respect of other persons authorised to act as agents ■C'/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 application 137. Multiple priorities 138. Supplementary provisions as to convention applications 139. Other provisions of Act to apply to convention applications 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. [Repealed] 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<br/>71<br/>71<br/>Sections<br/>157A. Protection of security of India<br/>158. Power of High Courts to make rules<br/>159. Power of Central Government to make rules<br/>160. Rules to be placed before Parliament<br/>161. [Rqyealed] 162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings<br/>163. [Repealed]<br/>THE SCHEDULE—Amendments to the Indian Patents and Designs Act, 1911<br/>THE PATENTS RULES, 2003<br/>CHAPTER I<br/>PRELIMINARY<br/>Rules<br/><br/>Short title and commencement<br/>Definitions<br/>Prescribed particulars Appropriate office<br/>Address for service<br/>Leaving and serving documents.<br/>Fees<br/>Forms<br/>Size, etc., of documents<br/>CHAPTER II<br/>APPLICATION FOR PATENTS Period within which proof of the right under section 7(2) to make the application shall be furnished Order of recording applications Statement and undertaking regarding foreign applications Specifications<br/>Amendments to specifications<br/>Drawings<br/>Models<br/>CHAPTER III<br/>INTERNATIONAL APPLICATIONS UNDER PATENT<br/>COOPERATION TREATY (PCT)<br/>Definitions<br/>Appropriate office in relation to international applications International applications filed with appropriate office as receiving office International applications designating or designating and electing India Filing of priority document<br/><br/>Rules<br/>22. Effect of non-compliance with certain requirements<br/>23. The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty<br/>CHAPTER IV<br/>PUBLICATION AND EXAMINATION OF APPLICATIONS<br/>24. Publication of application 24A. Request for publication<br/>24B. Examination of application 25. Identification of published applications 26. Request for withdrawal 27. Inspection and supply of published documents<br/>28. Procedure in case of anticipation by prior publication 28A. Procedure in relation to consideration of report of examiner imder section 14<br/>29. Procedure in case of anticipation by prior claiming<br/>30. Amendment of the complete specification in case of anticipation<br/>31. Form of reference to another specification 32. Procedure in case of potential infringement 33. Form of reference to another patent 34. Marmer in which a claim under section 20(1) shall be made 35. Manner in which a request may be made under section 20(4) 36. Marmer of application under section 20(5) 37. Numbering of applications on the grant of patent<br/>38. lOmitted]<br/>CHAPTER V [Omitted]<br/>39-54. [Omitted]<br/>CHAPTER VI<br/>OPPOSITION PROCEEDINGS TO GRANT OF PATENTS<br/>55. Opposition to the patent 55A. Filing of notice of opposition 56. Constitution of OpposiHon Board and its proceeding 57. Filing of written statement of opposition and evidence 58. Filing of reply statement and evidence 59. Filing of reply evidence by opponent 60. Further evidence to be left with the leave of the Controller 61. Copies of documents to be supplied<br/>62. Hearing<br/>63. Determination of costs 63A. Request made under section 26(1)<br/>64-65. [Omitted] 66. Form of making a request under section 28(2)<br/>98<br/>98<br/>Rules<br/><br/>Form of making a claim under section 28(3) Form of application to be made under section 28(7) Procedure for the hearing of claim or an application<br/>under section 28<br/>Mention of inventor<br/>CHAPTER VII<br/>SECRECY DIRECTIONS<br/>Permission for making patent application outside India<br/>under section 39<br/>Communication of result of reconsideration under section 36(2)<br/>CHAPTER VIII<br/>GRANT OF PATENTS<br/>[Omitted]<br/>Form of patent Inspection of documents related to grant of patent Amendment of patent under section 44 Manner of applying for direction under section 51(1) Manner of application under section 51(2) Procedure for the hearing of proceedings under section 51 Request under section 52(2)<br/>Renewal fees under section 53<br/>CHAPTER IX<br/>AMENDMENT OF APPLICATION, SPECIFICATION OR<br/>ANY DOCUMENT RELATING THERETO<br/>Amendment of application, specification or any document relating thereto Preparation of amended specifications, etc.<br/>Publication of the amendment allowed<br/>CHAPTER X<br/>RESTORATION OF PATENTS<br/>Restoration of patents Opposition to restoration under section 61 Payment of unpaid renewal fees<br/>CHAPTER XI<br/>SURRENDER OF PATENTS<br/>Surrender of Patents . .<br/>CHAPTER XII<br/>REGISTER OF PATENTS<br/>Register of patents under section 67 . . .<br/>[Omitted] Registration of title and interest in patents Presentation of assignment, etc., of patent to Controller<br/><br/>Rules<br/>92. Registration of title or interest in a patent 93. Entry of renewal fee<br/>94. Alteration of address 95. Inspection of register of patents under section 72 and fees payable therefor<br/>CHAPTER Kill<br/>COMPULSORY LICENCE AND REVOCATION OF PATENT 96. Application for compulsory licence etc. 97. When a prima facie case is not made out 98. Notice of opposition under section 87(2) 99. Manner of publication of the revocation order 100. Application under section 88(4) 101. Procedure to be followed in case of applications under section 88(4) 102. Application for termination of compulsory licence under section 94<br/>CHAPTER XIV<br/>SCIENTIFIC ADVISERS<br/>103. Roll of scientific advisers 104. Manner of application for inclusion in the roll of scientific advisers 105. Inclusion of the name of any other person in the roll of scientific advisers<br/>106. Power to relax 107 Removal of names from the roll of scientific advisers CHAPTER XV<br/>PATENT AGENTS<br/>108. Particulars to be contained in the register of patent agents 109 Application for registration of patent agents 110. Particulars of the qualifying examination for patent agents 111. Registration of patent agents 111A Issue of duplicate certificate of patent agents in. Details to be included in an application for the reg.strat.on of a patent agent 113 Registration of patent agents under section (2 114 Disqualifications for registration as a patent agen<br/>117. Restoration of name of persons remove 118. AlterlTon of names, etc., in the register of patent agents 119. Refusal to recognise as patent agent 120. Publication of the names of patent agents, reg.stere under the Act<br/>Page<br/><br/>CHAPTER XVI<br/>MISCELLANEOUS<br/>121. Period within which copies of specification etc. are to be filed<br/>121A. Address of Conrununications<br/>122. Correction of clerical errors 123. Manner of advertisement of the proposed correction of<br/>any error 124. Manner and time of opposition to the making of corrections<br/>125. Notification of corrections<br/>126. Form, etc.; of affidavits<br/>127. Exhibits<br/>128. Directions not otherwise prescribed 129. Exercise of discretionary power by the Controller 130. Application for review of decisions or setting aside of orders of the Controller<br/>131. Form and manner in which statements required under section 146(2) to be furnished 132. Form of application for the issue of duplicate patent 133. Supply of certified copies and certificates under sections 72 and 147 134. Request for information under section 153<br/>135. Agency<br/>136. Scale of costs 137. Powers of Controller generally 138 Power to extend time prescribed 139. Hearing before the Controller to be in public in certain cases<br/>THE FIRST SCHEDULE—Fees<br/>THE SECOND SCHEDULE—Forms FORM 1.—Application for Grant of Patent FORM 2.—Provisional/Complete Specification FORM 3.—^Statement and undertaking under Section 8 FORM 4.—Request for Extension of Time FORM 5.—Declaration as to Inventorship FORM 6.—Claim or request regarding any change in applicant for Patent FORM 7.—Notice of Opposition FORM 8.—Request or Claim regarding mention of Inventor as such in a Patent FORM 9.—Request for Publication FORM 10.—^Application for Amendment of Patent FORM 11.—Application for Direction of the Controller FORM 12.—Request for Grant of Patent under section 26(1) & 52(2) FORM 13.—Application for amendment of the application for Patent/Complete Specification<br/><br/>FORM 14.—Notice of Opposition to Amendment/Restoration/ Surrender of Patent/Grant of Conripulsory Licence or revision of terms thereof or to<br/>correction of clerical errors FORM 15.—Application for the Restoration of Patent FORM 16.—Application for Registration of Title/Interest in a Patent or share in it or Registration of Any Document Purporting to Affect Proprietorship of the Patent . . FORM 17.—Application for Compulsory Licence FORM 18.—Request/Express Request for Examination of Application for Patent FORM 19.—Application for Revocation of a Patent for non working FORM 20.—Application for Revision of<br/>terms and conditions of Licence FORM 21.—Request for Termination of Compulsory Licence FORM 22.—Application for Registration of Patent Agent . FORM 23.—Application for the Restoration of the name in the Register of Patent Agents FORM 24.—Application for review/setting aside Controller's Decision/Order FORM 25.—Request for Permission for making Patent Application outside India FORM 26.—Form for Authorisation of a Patent Agent/or any person in a matter or proceeding under the Act FORM 27.—Statement Regarding the working of the Patented Invention on Corrunercial Scale in India THE THIRD SCHEDULE.—Form of Patent THE FOURTH SCHEDULE.—[Scale of Costs—See proviso to rule 136(1)]<br/>• Important Notifications • Exclusive Marketing Rights • Filing of Patents<br/>• Patent Offices in India • Designs wing of the Patent Office • Information for Filing of International Applications for Patent under PCT by Indian Applicants • The List of The PCT Fees, an Indian Applicant is Required to Pay<br/> |
