SECTIONS | 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 |