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] | 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 | 