eCourtsIndia
IndiaCode Laws
Act39
Enacted 1970

The Patents Act, 1970

In force 179 sections Commerce and Industry

An Act to amend and consolidate the law relating to patents.

Act 39 of 1970 Enacted 19 Sep 1970 In force 01 Apr 1978 Department Department of Promotion of Industry and Internal Trade

Administered by. Ministry of Commerce and Industry, Department of Promotion of Industry and Internal Trade · Other Acts of 1970

Preamble

THE PATENTS ACT, 1970

ACT NO. 39 OF 1970

[19th September, 1970.] An Act to amend and consolidate the law relating to patents.

BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:--

What this Act covers

Summary of The Patents Act, 1970

Key Provisions

1. Term of Patent: - The term of every patent (not expired or ceased) is 20 years from the date of application filing (as per the new context, Act 2002, applicable to The Patents Act, 1970, for unexpired patents at the commencement).

2. Grant and Rights: - Patents are granted to encourage inventions worked in India on a commercial scale.

• Patentees have exclusive rights, but these can be subject to compulsory licensing if the invention is not worked in India or not available at a reasonably affordable price.

3. Compulsory Licences: - Can be granted after 3 years from the patent grant date if the invention is not worked in India, not available at a reasonable price, or if the public's reasonable requirements are not met.

4. Revocation: - Grounds include non-working of the patent in India, failure to meet public requirements, or unavailability at a reasonable price.

• Application for revocation can be made after 2 years from the first compulsory licence grant.

5. Working of Patents: - Emphasis on ensuring patents are worked in India to promote technological innovation and public interest, especially in vital sectors.

6. International Arrangements: - Recognition of convention countries for patent applications.

Sections

Type to filter. 179 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions and interpretation
  3. 3What are not inventions
  4. 4Inventions relating to atomic energy not patentable
  5. 5[Omitted.]
  6. 6Persons entitled to apply for patents
  7. 7Form of application
  8. 8Information and undertaking regarding foreign applications
  9. 9Provisional and complete specifications
  10. 10Contents of specifications
  11. 11Priority dates of claims of a complete specification
  12. 11APublication of applications
  13. 11BRequest for examination
  14. 12Examination of application
  15. 13Search for anticipation by previous publication and by prior claim
  16. 14Consideration of report of examiner by Controller
  17. 15Power of Controller to refuse or require amended applications, etc., in certain cases
  18. 16Power of Controller to make orders respecting division of application
  19. 17Power of Controller to make orders respecting dating of application
  20. 18Powers of Controller in cases of anticipation
  21. 19Powers of Controller in case of potential infringement
  22. 20Powers of Controller to make orders regarding substitution of applicants etc
  23. 21Time for putting application in order for grant
  24. 22[Omitted.]
  25. 23[Omitted.]
  26. 24[Omitted.]
  27. 25Opposition to patent
  28. 26In cases of "obtaining" Controller may treat the patent as the patent of opponent
  29. 27[Omitted.]
  30. 28Mention of inventor as such in patent
  31. 29Anticipation by previous publication
  32. 30Anticipation by previous communication to Government
  33. 31Anticipation by public display, etc
  34. 32Anticipation by public working
  35. 33Anticipation by use and publication after provisional specification
  36. 34No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
  37. 35Secrecy directions relating to inventions relevant for defence purposes
  38. 36Secrecy directions to be periodically reviewed
  39. 37Consequences of secrecy directions
  40. 38Revocation of secrecy directions and extension of time
  41. 39Residents not to apply for patents outside India without prior permission
  42. 40Liability for contravention of section 35 or section 39
  43. 41Finality of orders of Controller and Central Government
  44. 42Savings respecting disclosure to Government
  45. 43Grant of patents
  46. 44Amendment of patent granted to deceased applicant
  47. 45Date of patent
  48. 46Form, extent and effect of patent
  49. 47Grant of patents to be subject to certain conditions
  50. 48Rights of patentees
  51. 49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
  52. 50Rights of co-owners of patents
  53. 51Power of Controller to give directions to co-owners
  54. 52Grant of patent to true and first inventions where it has been obtained by another in fraud of him
  55. 53Term of patent
  56. 54Patents of addition
  57. 55Term of patents of addition
  58. 56Validity of patents of addition
  59. 57Amendment of application and specification before Controller
  60. 58Amendment of specification before Appellate Board or High Court
  61. 59Supplementary provisions as to amendment of application or specification
  62. 60Applications for restoration of lapsed patents
  63. 61Procedure for disposal of applications for restoration of lapsed patents
  64. 62Rights of patentees of lapsed patents which have been restored
  65. 63Surrender of patents
  66. 64Revocation of Power patents
  67. 65Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
  68. 66Revocation of patent in public interest
  69. 67Register of patents and particulars to be entered therein
  70. 68Assignments, etc., not to be valid unless in writing and duly executed
  71. 69Registration of assignments, transmissions, etc
  72. 70Power of registered grantee or proprietor to deal with patent
  73. 71Rectification of register by Appellate Board
  74. 72Register to be open for inspection
  75. 73Controller and other officers
  76. 74Patent office and its branches
  77. 75Restriction on employees of patent office as to right or interest in patents
  78. 76Officers and employees not to furnish information, etc
  79. 77Controller to have certain powers of a civil court
  80. 78Power of Controller to correct clerical errors, etc
  81. 79Evidence how to be given and powers of Controller in respect thereof
  82. 80Exercise of discretionary powers by Controller
  83. 81Disposal by Controller of applications for extension of time
  84. 82Definition of "patented articles" and "patentee"
  85. 83General principles applicable to working of patented inventions
  86. 84Compulsory licences
  87. 85Revocation of patents by the Controller for non-working
  88. 86Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
  89. 87Procedure for dealing with applications under sections 84 and 85
  90. 88Powers of Controller in granting compulsory licences
  91. 89General purposes for granting compulsory licences
  92. 90Terms and conditions of compulsory licences
  93. 91Licensing of related patents
  94. 92Special provision for compulsory licences on notifications by Central Government
  95. 92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
  96. 93Order for licence to operate as a deed between parties concerned
  97. 94Termination of compulsory licence
  98. 99Meaning of use of invention for purposes of Government
  99. 95Repealed
  100. 96Repealed
  101. 97Repealed
  102. 98Repealed
  103. 100Power of Central Government to use inventions for purposes of Government
  104. 101Rights of third parties in respect of use of invention for purposes of Government
  105. 102Acquisition of inventions and patents by the Central Government
  106. 103Reference to High Court of disputes as to use for purposes of Government
  107. 104Jurisdiction
  108. 104ABurden of proof in case of suits concerning infringement
  109. 105Power of court to make declaration as to non-infringement
  110. 106Power of court to grant relief in cases of groundless threats of infringement proceedings
  111. 107Defences, etc., in suit for infringement
  112. 107ACertain acts not to be considered as infringement
  113. 108Reliefs in suits for infringement
  114. 109Right of exclusive licensee to take proceedings against infringement
  115. 110Right of licensee under section 84 to take proceedings against infringement
  116. 111Restriction on power of court to grant damages or account of profits for infringement
  117. 112[Omitted.]
  118. 113Certificate of validity of specification and costs of subsequent suits for infringement thereof
  119. 114Relief for infringement of partially valid specification
  120. 115Scientific advisers
  121. 116Appellate Board
  122. 117Staff of Appellate Board
  123. 117AAppeals to Appellate Board
  124. 117BProcedure and powers of Appellate Board
  125. 117CBar of jurisdiction of courts, etc
  126. 117DProcedure for application for rectification, etc., before Appellate Board
  127. 117EAppearance of Controller in legal proceedings
  128. 117FCosts of Controller in proceedings before Appellate Board
  129. 117GTransfer of pending proceedings to Appellate Board
  130. 117HPower of Appellate Board to make rules
  131. 118Contravention of Secrecy provisions relating to certain inventions
  132. 119Falsification of entries in register, etc
  133. 120Unauthorised claim of patent rights
  134. 121Omitted
  135. 122Refusal or failure to supply information
  136. 123Practice by non-registered patent agents
  137. 124Offences by companies
  138. 124AAdjudication of penalties
  139. 124BAppeal
  140. 125Register of patent agents
  141. 126Qualifications for registration as patent agents
  142. 127Rights of patent agents
  143. 128Subscription and verification of certain documents by patent agents
  144. 129Restrictions on practice as patent agents
  145. 130Removal from register of patent agents and restoration
  146. 131Power of Controller to refuse to deal with certain agents
  147. 132Savings in respect of other persons authorised to act as agents
  148. 133Convention countries
  149. 134Notification as to countries not providing for reciprocity
  150. 135Convention applications
  151. 136Special provisions relating to convention applications
  152. 137Multiple priorities
  153. 138Supplementary provisions as to convention applications
  154. 139Other provisions of Act to apply to convention applications
  155. 140Avoidance of certain restrictive conditions
  156. 141Determination of certain contracts
  157. 142Fees
  158. 143Restrictions upon publication of specification
  159. 144Reports of Examiners to be confidential
  160. 145Publication of official journal
  161. 146Power of Controller to call for information from patentees
  162. 147Evidence of entries, documents, etc
  163. 148Declaration by infant, lunatic, etc
  164. 149Service of notices, etc., by post
  165. 150Security for costs
  166. 151Transmission of orders of courts to Controller
  167. 152[Omitted.]
  168. 153Information relating to Patents
  169. 154Loss or destruction of Patents
  170. 155Reports of Controller to be placed before Parliament
  171. 156Patent to bind Government
  172. 157Right of Government to sell or use forfeited articles
  173. 157AProtection of security of India
  174. 158Power of High Courts to make rules
  175. 159Power of Central Government to make rules
  176. 160Rules to be placed before Parliament
  177. 161[Omitted.]
  178. 162Repeal of Act 2 of 1911 in so far as it relates to patents and savings
  179. 163[Omitted.]

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Amending Acts

4 Acts amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Patents (Amendment) Act, 200539 of 2005
  • The Patents (Amendment) Act, 200239 of 2002
  • The Lalit Kala Akadami (Taking over of Management) Act, 199739 of 1999
  • The Repealing and Amending Act, 197439 of 1974

Rules made under this Act

11 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Patents (2nd Amendment) Rules, 20202020
  • Patents Amendment Rules 20202020
  • Corrigendum: The Patents (Amendment) Rules, 20192019
  • The Patents (Amendment) Rules, 20192019
  • The Patents (Amendment) Rules, 20172017
  • The Patents (Amendment) Rules, 20162016
  • The Patents (Amendment) Rules, 20142014
  • The Patents (Amendment) Rules, 20132013
  • The Patents (Amendment) rules, 20122012
  • The Patents (Amendment) rules, 20062006
  • The Patents Rules, 20032003

Related Acts

Ordinances

India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.

  • The Patents (Amendment) Ordinance, 2004amended this Act · 2004
  • The Patents (Amendment) Ordinance, 1999.amended this Act · 1999
  • The Patents (Amendment) Ordinance, 1994.amended this Act · 1994

All Ordinances

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. 177 of 179 sections have their own page; for the remaining 2 the source gave us a heading and no text, so their pages carry the heading and say so rather than showing words we do not hold. This page is not a substitute for legal advice.