The Patents Act, 1970
(incorporating all amendments till 23-06-2017)
CHAPTER I
PRELIMINARY
Section 1. Short title, extent and commencement
Section 2. Definitions and interpretation
CHAPTER II
INVENTIONS NOT PATENTABLE
Section 3. What are not inventions
Section 4. Inventions relating to atomic energy not patentable
Section 5. [Omitted]
CHAPTER III
APPLICATIONS FOR PATENTS
Section 6. Persons entitled to apply for patents
Section 7. Form of application
Section 8. Information and undertaking regarding foreign applications
Section 9. Provisional and complete specifications
Section 10. Contents of specifications
Section 11. Priority dates of claims of a complete specification
CHAPTER IV
PUBLICATION AND EXAMINATION OF APPLICATIONS
Section 11A. Publication of applications
Section 11B. Request for examination
Section 12. Examination of application
Section 13. Search for anticipation by previous publication and by prior claim
Section 14. Consideration of the report of examiner by Controller
Section 15. Power of Controller to refuse or require amended applications, etc., in certain case
Section 16. Power of Controller to make orders respecting division of application
Section 17. Power of Controller to make orders respecting dating of application
Section 18. Powers of Controller in cases of anticipation
Section 19. Powers of Controller in case of potential infringement
Section 20. Powers of Controller to make orders regarding substitution of applicants, etc.
Section 21. Time for putting application in order for grant
Section 22-24. [Omitted]
CHAPTER IVA [Omitted]
Section 24A-24F. [Omitted]
CHAPTER V
OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
Section 25. Opposition to the patent
Section 26. In cases of "obtaining" Controller may treat the patent as the patent of opponent
Section 27. [Omitted]
Section 28. Mention of inventor as such in patent
CHAPTER VI
ANTICIPATION
Section 29. Anticipation by previous publication
Section 30. Anticipation by previous communication to Government
Section 31. Anticipation by public display, etc
Section 32. Anticipation by public working
Section 33. Anticipation by use and publication provisional specification
Section 34. No anticipation if circumstances are only as described in sections 29,30,31 and 32
CHAPTER VII
PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
Section 35. Secrecy directions relating to inventions relevant for defence purposes
Section 36. Secrecy directions to be periodically reviewed
Section 37. Consequences of secrecy directions
Section 38. Revocation of secrecy directions and extension of time
Section 39. Residents not to apply for patents outside India without prior permission
Section 40. Liability for contravention of section 35 or section 39
Section 41. Finality of orders of Controller and Central Government
Section 42. Savings respecting disclosure to Government
CHAPTER VIII
GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY
Section 43. Grant of patents
Section 44. Amendment of patent granted to deceased applicant
Section 45. Date of patent
Section 46. Form, extent and effect of patent
Section 47. Grant of patents to be subject to certain conditions
Section 48. Rights of patentees
Section 49. Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India
Section 50. Rights of co-owners of patents
Section 51. Power of Controller to give directions to co-owners
Section 52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him
Section 53. Term of patent
CHAPTER IX
PATENTS OF ADDITION
Section 54. Patents of addition
Section 55. Term of patents of addition
Section 56. Validity of patents of addition
CHAPTER X
AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
Section 57. Amendment of application and specification or any document related thereto Controller
Section 58. Amendment of specification before Appellate Board or High Court
Section 59. Supplementary provisions as to amendment of application or specification
CHAPTER XI
RESTORATION OF LAPSED PATENTS
Section 60. Applications for restoration of lapsed patents
Section 61. Procedure for disposal of applications for restoration of lapsed patents
Section 62. Rights of patentees of lapsed patents which have been restored
CHAPTER XII
SURRENDER AND REVOCATION OF PATENTS
Section 63. Surrender of patents
Section 64. Revocation of patents
Section 65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
Section 66. Revocation of patent in public interest
CHAPTER XIII
REGISTER OF PATENTS
Section 67. Register of patents and particulars to be entered therein
Section 68. Assignments, etc., not to be valid unless in writing and duly executed
Section 69. Registration of assignments, transmissions, etc
Section 70. Power of registered grantee or proprietor to deal with patent
Section 71. Rectification of register by Appellate Board
Section 72. Register to be open for inspection
CHAPTER XIV
PATENT OFFICE AND ITS ESTABLISHMENT
Section 73. Controller and other officers
Section 74. Patent office and its branches
Section 75. Restriction on employees of patent office as to right or interest in patents
Section 76. Officers and employees not to furnish information, etc
CHAPTER XV
POWERS OF CONTROLLER GENERALLY
Section 77. Controller to have certain powers of a civil court
Section 78. Power of Controller to correct clerical errors, etc
Section 79. Evidence how to be given and powers of Controller in respect thereof
Section 80. Exercise of discretionary powers by Controller
Section 81. Disposal by Controller of applications for extension of time
CHAPTER XVI
WORKING OF PATENTS,COMPULSORY LICENCES AND REVOCATION
Section 82. Definition of "patented articles" and "patentee"
Section 83. General principles applicable to working of patented inventions
Section 84. Compulsory licences
Section 85. Revocation of patents by the Controller for non-working
Section 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
Section 87. Procedure for dealing with applications under sections 84 and 85
Section 88. Powers of Controller in granting compulsory licences
Section 89. General purposes for granting compulsory licences
Section 90. Terms and conditions of compulsory licences
Section 91. Licensing of related patents
Section 92. Special provision for compulsory licences on notifications by Central Government
Section 92A.Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
Section 93. Order for licence to operate as a deed between parties concerned
Section 94. Termination of compulsory licence
Section 95-98. [Omitted]
CHAPTER XVII
USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
Section 99. Meaning of use of invention for purposes of Government
Section 100. Power of Central Government to use inventions for purposes of Government
Section 101. Rights of third parties in respect of use of invention for purposes of Government
Section 102. Acquisition of inventions and patents by the Central Government
Section 103. Reference to High Court of disputes as to use for purposes of Government
CHAPTER XVIII
SUITS CONCERNING INFRINGEMENT OF PATENTS
Section 104. Jurisdiction
Section 104A. Burden of proof in case of suits concerning infringement
Section 105. Power of court to make declaration as to non-infringement
Section 106. Power of court to grant relief in cases of groundless threats of infringement proceedings
Section 107. Defences, etc., in suits for infringement
Section 107A. Certain acts not to be considered as infringement
Section 108. Reliefs in suit for infringement
Section 109. Right of exclusive licensee to take proceedings against infringement
Section 110. Right of licensee under section 84 to take proceedings against infringement
Section 111. Restriction on power of court to grant damages or account of profits for infringement
Section 112. [Omitted]
Section 113. Certificate of validity of specification and costs of subsequent suits for infringement thereof
Section 114. Relief for infringement of partially valid specification
Section 115. Scientific advisers
CHAPTER XIX
APPEALS TO THE APPELLATE BOARD
Section 116. Appellate Board
Section 117. Staff of Appellate Board
Section 117A. Appeals to Appellate Board
Section 117B. Procedure and powers of Appellate Board
Section 117C. Bar of jurisdiction of courts, etc.
Section 117D. Procedure for application for rectification, etc., Appellate Board
Section 117E. Appearance of Controller in legal proceedings
Section 117F. Costs of Controller in proceedings Appellate Board
Section 117G. Transfer of pending proceedings to Appellate Board
Section 117H. Power of Appellate Board to make rules
CHAPTER XX
PENALTIES
Section 118. Contravention of secrecy provisions relating to certain inventions
Section 119. Falsification of entries in register, etc
Section 120. Unauthorised claim of patent rights
Section 121. Wrongful use of words "patent office"
Section 122. Refusal or failure to supply information
Section 123. Practice by non-registered patent agents
Section 124. Offences by companies
CHAPTER XXI
PATENT AGENTS
Section 125. Register of patent agents
Section 126. Qualifications for registration as patent agents
Section 127. Rights of patent agents
Section 128. Subscription and verification of certain documents by patent agents.
Section 129. Restrictions on practice as patent agents
Section 130. Removal from register of patent agents and restoration
Section 131. Power of Controller to refuse to deal with certain agents
Section 132. Savings in respect of other persons authorised to act as agents
CHAPTER XXII
INTERNATIONAL ARRANGEMENTS
Section 133. Convention countries
Section 134. Notification as to countries not providing for reciprocity
Section 135. Convention applications
Section 136. Special provisions relating to convention application
Section 137. Multiple priorities
Section 138. Supplementary provisions as to convention applications
Section 139. Other provisions of Act to apply to convention applications
CHAPTER XXIII
MISCELLANEOUS
Section 140. Avoidance of certain restrictive conditions
Section 141. Determination of certain contracts
Section 142. Fees
Section 143. Restrictions upon publication of specification
Section 144. Reports of examiners to be confidential
Section 145. Publication of official journal
Section 146. Power of Controller to call for information from patentees
Section 147. Evidence of entries, documents, etc.
Section 148. Declaration by infant, lunatic etc
Section 149. Service of notices, etc., by post
Section 150. Security for costs
Section 151. Transmission of orders of courts to Controller
Section 152. [Omitted]
Section 153. Information relating to patents
Section 154. Loss or destruction of patents
Section 155. Reports of Controller to be placed Parliament
Section 156. Patent to bind Government
Section 157. Right of Government to sell or use forfeited articles
Section 157A. Protection of security of India
Section 158. Power of High Courts to make rules
Section 159. Power of Central Government to make rules
Section 160. Rules to be placed Parliament
Section 161. [Omitted]
Section 162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings
Section 163. [Omitted]
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The Patents Rules, 2003
(incorporating all amendments till March-2024)
CHAPTER I
PRELIMINARY
Rule 1. Short title and commencement
Rule 2. Definitions
Rule 3. Prescribed particulars
Rule 4. Appropriate office
Rule 5. Address for service
Rule 6. Leaving and serving documents
Rule 7. Fees
Rule 8. Forms
Rule 9. Filing of documents and copies, etc.
CHAPTER II
APPLICATION FOR PATENTS
Rule 10. Period within which proof of the right under section 7(2) to make the application shall be furnished
Rule 11. Order of recording applications
Rule 12. Statement and undertaking regarding foreign applications
Rule 13. Specifications
Rule 14. Amendments to specifications
Rule 15. Drawings
Rule 16. Models
CHAPTER III
INTERNATIONAL APPLICATIONS UNDER PATENT COOPERATION TREATY (PCT)
Rule 17. Definitions
Rule 18. Appropriate office in relation to international applications
Rule 19. International applications filed with appropriate office as receiving office
Rule 19A. Indian International Searching Authority
Rule 19B. International search report
Rule 19C. limit for establishing international search report
Rule 19D. Transmittal of the International Search Report and written opinion
Rule 19E. Confidential treatment
Rule 19F. Indian International Preliminary Examining Authority
Rule 19G. for making a demand
Rule 19H. Fees payable to Examining Authority
Rule 19I. Manner of making a demand
Rule 19J. Processing of demands for International preliminary examination
Rule 19K. InternationalPreliminary Examination Report
Rule 19L. for establishing international preliminary examination report and its transmission
Rule 19M. Transmittal of the International Preliminary Examination Report
Rule 19N. Conditions for and extent of refund
Rule 20. International applications designating or designating and electing India
Rule 21. Filing of priority document
Rule 22. Effect of non-compliance with certain requirements
Rule 23. The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty
CHAPTER IV
PUBLICATION AND EXAMINATION OF APPLICATIONS
Rule 24. Publication of application
Rule 24A. Request for publication
Rule 24B. Examination of application
Rule 24C. Expedited examination of applications
Rule 25. Identification of published applications
Rule 26. Request for withdrawal
Rule 27. Inspection and supply of published documents
Rule 28. Procedure in case of anticipation by prior publication
Rule 28A. Procedure in relation to consideration of report of examiner under section 14
Rule 29. Procedure in case of anticipation by prior claiming
Rule 29A. Grace period
Rule 30. Amendment of the complete specification in case of anticipation
Rule 31. Form of reference to another specification
Rule 32. Procedure in case of potential infringement
Rule 33. Form of reference to another patent
Rule 34. Manner in which a claim under section 20(1) shall be made
Rule 35. Manner in which a request may be made under section 20(4)
Rule 36. Manner of application under section 20(5)
Rule 37. Numbering of applications on the grant of patent
Rule 38. [Omitted]
CHAPTER V [Omitted]
Rule 39-54. [Omitted]
CHAPTER VI
OPPOSITION PROCEEDINGS TO GRANT OF PATENTS
Rule 55. Opposition to the patent
Rule 55A. Filing of notice of opposition
Rule 56. Constitution of Opposition Board and its proceeding
Rule 57. Filing of written statement of opposition and evidence
Rule 58. Filing of reply statement and evidence
Rule 59. Filing of reply evidence by opponent
Rule 60. Further evidence to be left with the leave of the Controller
Rule 61. Copies of documents to be supplied
Rule 62. Hearing
Rule 63. Determination of costs
Rule 63A. Request made under section 26(1)
Rule 64-65. [Omitted]
Rule 66. Form of making a request under section 28(2)
Rule 67. Form of making a claim under section 28(3)
Rule 68. Form of application to be made under section 28(7)
Rule 69. Procedure for the hearing of claim or an application under section 28
Rule 70. Mention of inventor
Rule 70A. Certificate of inventorship
CHAPTER VII
SECRECY DIRECTIONS
Rule 71. Permission for making patent application outside India under section 39
Rule 72. Communication of result of reconsideration under section 36(2)
CHAPTER VIII
GRANT OF PATENTS
Rule 73. [Omitted]
Rule 74. Form of patent
Rule 74A. Inspection of documents related to grant of patent
Rule 75. Amendment of patent under section
Rule 76. Manner of applying for direction under section 51(1)
Rule 77. Manner of application under section 51(2)
Rule 78. Procedure for the hearing of proceedings under section 51
Rule 79. Request under section 52(2)
Rule 80. Renewal fees under section 53
CHAPTER IX
AMENDMENT OF APPLICATION, SPECIFICATION OR ANY DOCUMENT RELATING THERETO
Rule 81. Amendment of application, specification or any document relating thereto
Rule 82. Preparation of amended specifications, etc.
Rule 83. Publication of the amendment allowed
CHAPTER X
RESTORATION OF PATENTS
Rule 84. Restoration of patents
Rule 85. Opposition to restoration under section 61
Rule 86. Payment of unpaid renewal fees
CHAPTER XI
SURRENDER OF PATENTS
Rule 87. Surrender of Patents
CHAPTER XII
REGISTER OF PATENTS
Rule 88. Register of patents under section 67
Rule 89. [Omitted]
Rule 90. Registration of title and interest in patents
Rule 91. Presentation of assignment, etc., of patent to Controller
Rule 92. Registration of title or interest in a patent
Rule 93. Entry of renewal fee
Rule 94. Alteration of address
Rule 95. Inspection of register of patents under section 72 and fees payable therefore
CHAPTER XIII
COMPULSORY LICENCE AND REVOCATION OF PATENT
Rule 96. Application for compulsory licence etc.
Rule 97. When a prima facie case is not made out
Rule 98. Notice of opposition under section 87(2)
Rule 99. Manner of publication of the revocation order
Rule 100. Application under section 88(4)
Rule 101. Procedure to be followed in case of applications under section 88(4)
Rule 102. Application for termination of compulsory licence under section 94
CHAPTER XIV
SCIENTIFIC ADVISERS
Rule 103. Roll of scientific advisers
Rule 103A. Disqualifications for inclusion in the roll of scientific advisers
Rule 104. Manner of application for inclusion in the roll of scientific advisers
Rule 105. Inclusion of the name of any other person in the roll of scientific advisers
Rule 106. Power to relax
Rule 107. Removal of names from the roll of scientific advisers
CHAPTER XV
PATENT AGENTS
Rule 108. Particulars to be contained in the register of patent agents
Rule 109. Application for registration of patent agents
Rule 110. Particulars of the qualifying examination for patent agents
Rule 111. Registration of patent agents
Rule 111A. Issue of duplicate certificate of patent agents
Rule 112. Details to be included in an application for the registration of a patent agent
Rule 113. Registration of patent agents under section 126 (2)
Rule 114. Disqualifications for registration as a patent agent
Rule 115. Payment of fees
Rule 116. Removal of a name from the register of patent agents
Rule 117. Restoration of name of persons removed from the register of patent agents
Rule 118. Alteration of names, etc., in the register of patent agents
Rule 119. Refusal to recognise as patent agent
Rule 120. Publication of the names of patent agents, registered under the Act
CHAPTER XVI
MISCELLANEOUS
Rule 121. Period within which copies of specification etc. are to be filed
Rule 121A. Address of Communications
Rule 122. Correction of clerical errors
Rule 123. Manner of advertisement of the proposed correction of any error
Rule 124. Manner and time of opposition to the making of corrections
Rule 125. Notification of corrections
Rule 126. Form, etc., of affidavits
Rule 127. Exhibits
Rule 128. Directions not otherwise prescribed
Rule 129. Exercise of discretionary power by the Controller
Rule 129A. Adjournment of hearing
Rule 130. Application for review of decisions or setting aside of orders of the Controller
Rule 131. Form and manner in which statements required under section 146(2) to be furnished
Rule 132. Form of application for the issue of duplicate patent
Rule 133. Supply of certified copies and certificates under sections 72 and 147
Rule 134. Request for information under section 153
Rule 135. Agency
Rule 136. Scale of costs
Rule 137. Powers of Controller generally
Rule 138. Power to extend time prescribed
Rule 139. Hearing the Controller to be in public in certain cases
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