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 November-2020)

 

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 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

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