Priority dates of claims of a complete specification (1) There shall be a priority date for each claim of a complete specification. (2) Where a complete specification is filed in pursuance of a single application accompanied by— (a)a provisional specification; or (b)a specification which is treated by virtue of a direction under sub­section (3) of […]

Contents of specifications (1) Every specification, whether provisional or complete, shall describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the invention relates. (2)Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for […]

Provisional and complete specifications (1) Where an application, for a patent (not being a convention application or an application filed under the Patent Cooperation Treatydesignating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not […]

Information and undertaking regarding foreign applications (1) Where an applicant for a patent under this Act is prosecuting either alone or jointly with any other person an application for a patent in any country outside India in respect of the same or substantially the same invention, or where to his knowledge such an application is […]

Form of application (1) Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office. (1A) Every international application under the Patent Cooperation Treaty for a patent, as may be filed designating India shall be deemed to be an application under this Act, […]

Persons entitled to apply for patents (1) Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,— (a) by any person claiming to be the true and first inventor of the    invention; (b) by any person […]

Inventions relating to atomic energy not patentable No patent shall be granted in respect of an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962).

What are not inventions The following are not inventions within the meaning of this Act,— (a) an invention which is frivolous or which claims anything obviously contrary to well established natural laws; (b) an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which […]

Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a)   “Appellate Board” means the Appellate Board referred to in section 116; (ab) “assignee” includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the […]

Short title, extent and commencement This Act may be called the Patents Act, 1970. It extends to the whole of India. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and […]