Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
(1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may...
2 Definitions and interpretation
(1) In this Act, unless the context otherwise requires,- (a) "assignee" includes the legal representative of a deceased assignee, and references to the assigne...
Chapter II Inventions Not Patentable
3 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 esta...
4 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 (3...
5 Inventions where only methods or processes of manufacture patentable.
1[(1)] In the case of inventions-(a) claiming substances intended for use, or capable of being used, as food or as medicine or drug, or (b) relating to substan...
Chapter III Applications For Patents
6 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 s...
7 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. (2) Where the appli...
8 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 out...
9 Provisional and complete specifications
(1) Where an application for a patent (not being a convention application) is accompanied by a provisional specification, a complete specification shall be fi...
10 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...
11 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...
Chapter IV Examination Of Applications
12 Examination of application
(1) When the complete specification has been filed in respect of an application for a patent, the application and the specification relating thereto shall be ...
13 Search for anticipation by previous publication and by prior claim
(1) The examiner to whom an application for a patent is referred under section 12 shall make investigation for the purpose of ascertaining whether the inventi...
14 Consideration of report of examiner by Controller
Where, in respect of an application for a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any amendment ...
15 Power of Controller to refuse or require amended applications in certain cases
(1) Where the Controller is satisfied that the application or any specification filed in pursuance thereof does not comply with the requirements of this Act o...
16 Power of Controller to make orders respecting division of application
(1) A person who has made an application for a patent under this Act may, at any time before the acceptance of the complete specification, if he so desires, o...
17 Power of Controller to make orders respecting dating of application.
(1) Subject to the provisions of section 9, at any time after the filing of an application and before acceptance of the complete specification under this Act,...
18 Powers of Controller in cases of anticipation
(1) Where it appears to the Controller that the invention so far as claimed in any claim of the complete specification has been anticipated in the manner refe...
19 Powers of Controller in case of potential infringement
(1) If, in consequence of the investigation required by the foregoing provisions of this Act or of proceedings under section 25, it appears to the Controller ...
20 Powers of Controller to Make orders regarding substitution of applicants, etc.
(1) If the Controller is satisfied on a claim made in the prescribed manner at any time before a patent has been granted, that by virtue of any assignment or ...
21 Time for putting application in order for acceptance
(1) An application for a patent shall be deemed to have been abandoned unless within fifteen months from the date on which the first statement of objections t...
22 Acceptance of complete specification
Subject to the provisions of section 21, the complete specification filed in pursuance of an application for a patent may be accepted by the Controller at any...
23 Advertisement of acceptance of complete specification
On the acceptance of a complete specification, the Controller shall give notice thereof to the applicant and shall advertise in the Official Gazette the fact ...
24 Effect of acceptance of complete specification
On and from the date of advertisement of the acceptance of a complete specification and until the date of sealing of a patent in respect thereof, the applican...
Chapter IVA Exclusive Marketing Rights
24A Application for grant of exclusive rights
(1) Notwithstanding anything contained in sub-section (1) of section 12, the Controller shall not, under that sub-section, refer an application in respect of ...
24B Grant of exclusive rights
(1) Where a claim for patent covered under sub-section (2) of section 5 has been made and the applicant has,-(a) where an invention has been made whether in I...
24C Compulsory licenses
The provisions in relation to compulsory licenses in Chapter XVI shall, subject to the necessary modifications, apply in relation to an exclusive right to sel...
24D Special provision for selling or distribution
(1) Without prejudice to the provisions of any other law for the time being in force, where, at any time after an exclusive right to sell or distribute any ar...
24E Suits relating to infringements
All suits relating to infringement of a right under section 24B shall be dealt with in the same Manner as if they were suits concerning infringement of patent...
24F Central Government and its officers not to be liable
The examination and investigation required under this Chapter shall not be deemed in any way to warrant the validity of any grant of exclusive right to sell o...
Chapter V Opposition To Grant Of Patent
25 Opposition to grant of patent
(1) At any time within four months from the date of advertisement of the acceptance of a complete specification under this Act (or within such further period ...
26 In cases of "obtaining" controller may treat application as application of opponent
(1) Where in any opposition proceeding under this Act-(a) the Controller finds that the invention, so far as claimed in any claim of the complete specification...
27 Refusal of patent without opposition
If at any time after the acceptance of the complete specification filed in pursuance of an application for a patent and before the grant of a patent thereon i...
28 Mention of inventor as such in patent Refusal of patent without opposition
(1) If t he controller is satisfied, upon a request or claim made in accordance with the provisions of this section- (a) that the person in respect of or by wh...
Chapter VI Anticipation
29 Anticipation by previous publication
(1) An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that the invention was published in a specifi...
30 Anticipation by previous communication to government
An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of the communication of the invention to the gove...
31 Anticipation by public display, etc.
An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only of-(a) the display of the invention with the conse...
32 Anticipation by public working
An invention claimed in a complete specification shall not be deemed to have been anticipated by reason only that at any time within one year before the prior...
33 Anticipation by use and publication after provisional specification
(1) Where a complete specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a c...
34 No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
Notwithstanding anything contained in this Act, the Controller shall not refuse to accept a complete specification for a patent or to grant a patent, and a pa...
Chapter VII Provisions For Secrecy Of Certain Inventions
35 Secrecy directions relating to inventions relevant for defense purposes
(1) Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one...
36 Secrecy directions to be periodically reviewed
(1) The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defense purposes shall be r...
37 Consequences of secrecy directions
(1) So long as any directions under section 35 are in force in respect of an application-(a) the Controller shall not pass an order refusing to accept the sam...
38 Revocation of secrecy, directions and extension of time
When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provisions of this Act specifying the time within which any ...
39 3* * *
40 Liability for contravention of section 35 or section 39
Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy g...
41 Finality of orders of Controller and Central Government
All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not b...
42 Saving respecting disclosure to government
Nothing in this Act shall be held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed i...
Chapter VIII Grant And Sealing Of Patents And Rights Conferred Thereby
43 Grant and sealing of patent
(1) Where, a complete specification in pursuance of an application for a patent has been accepted and either-(a) the application has not been opposed under se...
44 Amendment of patent granted to deceased applicant
Where, at any time after a patent has been sealed in pursuance of an application under this Act, the Controller is satisfied that the person to whom the paten...
45 Date of patent
(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the complete specification was filed:that a pat...
46 Form, extent and effect of patent
(1) Every patent shall be in the prescribed form and shall have effect throughout India.(2) A patent shall be granted for one invention only:that it shall not ...
47 Grant of patents to be subject to certain conditions
The grant of a patent under this Act shall be subject to the condition that-(1) any machine, apparatus or other article in respect of which the patent is gran...
48 Rights of patentees
(1) Subject to the other provisions contained in this Act, a patent granted before the commencement of this Act, shall confer on the patentee the exclusive ri...
49 Patent rights not infringed when used on foreign vessels, etc. temporarily or accidentally in India
(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (inclu...
50 Rights of co-owners of patents
(1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal un...
51 Power of Controller to give directions to co-owners
(1) Where or more persons are registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the prescribed manner by an...
52 Grant of patent to true and first inventor where it has been obtained by another in fraud of him
(1) Where a patent has been revoked on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person u...
53 Term of patent
(1) Subject to the provisions of this Act, the term of every patent granted under this Act shall-(a) in respect of an invention claiming the method or process...
Chapter IX Patents Of Addition
54 Patents of addition
(1) Subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in or modification of an inve...
55 Term of patents of addition
(1) A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall rema...
56 Validity of patents of addition
    (1) The grant of a patent of addition shall not be refused, and a patent granted as a patent of addition shall not be revoked or invalidated, on the groun...
Chapter X Amendment Of Applications And Specifications
57 Amendment of application and specification before Controller
(1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a paten...
58 Amendment of specification before High Court
(1) In any proceeding before the High Court for the revocation of a patent the High Court may, subject to the provisions contained in section 59, allow the pa...
59 Supplementary provisions as to amendment of application or specification
(1) No amendment of an application for a patent or a complete specification shall be made except by way of disclaimer, correction or explanation, and no amend...
Chapter XI Restoration Of Lapsed Patents
60 Applications for restoration of lapsed patents
(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the prescribed period or within that period as extended under ...
61 Procedure for disposal of applications for restoration of lapsed patents
(1) If, alter hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the fai...
62 Rights of patentees of lapsed patents which have been restored
(1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Contro...
Chapter XII Surrender And Revocation Of Patents
63 Surrender of patents
(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent.(2) Where such an offer is made, the...
64 Revocation of patents
(1) Subject to the provisions contained in this Act, a patent, whether granted before or after the commencement of this Act, may, on the petition of any perso...
65 Revocation of patent or amendment of complete specification on directions from Central Government in cases relating to atomic energy
(1) Where at any time after acceptance of a complete specification, the Central Government is satisfied that an application for a patent or a patent is for an...
66 Revocation of patent in public interest
Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the publ...
Chapter XIII Register Of Patents
67 Register of patents and particulars to be entered therein
(1) There shall be kept at the patent office a register of patents, wherein shall be entered-(a) the names and addresses of grantees of patents;(b) notificati...
68 Assignments, etc. not to be valid unless in writing and registered
An assignment of a patent or of a share in a patent, a mortgage, license or the creation of any other interest or of a share in a patent, a mortgage, license ...
69 Registration of assignments, transmissions, etc.
(1) Where any person becomes entitled by assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a mortgagee...
70 Power of registered grantee or proprietor to deal with patent
Subject to the provisions contained in this Act relating to co-ownership of patents and subject also to any rights vested in any other person of which notice ...
71 Rectification of register by High Court
(1) The High Court may, on the application of any person aggrieved-(a) by the absence or omission from the register of any entry; or(b) by any entry made in t...
72 Register to be open for inspection
(1) Subject to the provisions contained in this Act and any rules made thereunder, the register shall at all convenient times be open to inspection by the pub...
Chapter XIV Patent Office And Its Establishment
73 Controller and other officers
(1) The Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 o...
74 Patent office and its branches
(1) For the purposes of this Act, there shall be an office which shall be known as the patent office.(2) The patent office provided by the Central Government u...
75 Restriction on employees of patent office as to right or interest in patents
All officers and employees of the patent office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or ...
76 Officers and employees not to furnish information, etc.
An officer or employee in the patent office shall not, except when required or authorized by this Act or under a direction in writing of the Central Governmen...
Chapter XV Powers Of Controller Generally
77 Controller to have certain powers of a civil court
(1) Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act have the powers of a civil court while trying a suit...
78 Power of Controller to correct clerical errors, etc.
(1) Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications and subjec...
79 Evidence how to be given and powers of Controller in respect thereof
Subject to any rules made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of direc...
80 Exercise of discretionary powers by Controller
Without prejudice to any provision contained in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such party an...
81 Disposal by Controller of applications for extension of time
Where under the provisions of this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed ...
Chapter XVI Working Of Patents, Compulsory Licences, Licences Of Right And Revocation
82 Definitions of patented article and patentee
In this Chapter, unless the context otherwise requires,-(a) "patented article" includes any article made by a patented process; and(b) "patentee" includes an e...
83 General principles applicable to working of patented inventions
Without prejudice to the other provisions contained in this Act, in exercising the powers conferred by this Chapter regard shall be had to the following gener...
84 Compulsory licenses
(1) At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the Controller ...
85 Matters to be taken into account in granting compulsory licenses
In determining whether or not to make an order in pursuance of an application filed under section 84, the Controller shall take into account-(i) the nature of ...
86 Endorsement of patent with the words licenses of right
(1) At any time after the expiration of three years from the date of the sealing of a patent, the Central Government may make an application to the Controller...
87 Certain patents deemed to be endorsed with the words licenses of right
(1) Notwithstanding anything contained in this Act-(a) every patent in force at the commencement of this Act in respect of invention relating to-(i) substances...
88 Effect of endorsement of patent with the words licenses of right
(1) Where a patent had been endorsed with the words "licenses of right", any person who is interested in working the patented invention in India may require t...
89 Revocation of patents by the Controller for non-working
(1) Where in respect of a patent, a compulsory license has been granted or the endorsement "licenses of right" has been made or is deemed to have been made, t...
90 When reasonable requirements of the public deemed not satisfied
For the purposes of sections 84,86 and 89, the reasonable requirements of the public shall be deemed not to have been satisfied-(a) if, by reason of the defaul...
91 Power of Controller to adjourn applications for compulsory licenses, etc. in certain cases
(1) Where an application under section 84, section 86 or section 89, as the case may be, is made on the ground mentioned in clause (c) of section 90 and the C...
92 Procedure for dealing with applications under sections 84, 86 and 89
(1) Where the Controller is satisfied, upon consideration of an application under section 84, section 86 or section 89 that a prima facie case has been made o...
93 Powers of Controller in granting compulsory licenses
(1) Where the Controller is satisfied on application made under section 84 that the manufacture, use or sale of materials not protected by the patent is preju...
94 General purposes for granting compulsory licenses
The powers of the Controller upon an application made under section 84 shall be exercised with a view to securing the following general purposes, that is to s...
95 Terms and conditions of compulsory licenses
(1) In settling the terms and conditions of a license under section 84, the Controller shall endeavor to secure-(i) that the royalty and other remuneration, i...
96 Licensing of related patents
(1) Notwithstanding anything contained in the other provisions of this chapter, at any time after the sealing of a patent, any person who has the right to wor...
97 Special provision for compulsory licenses on notification by Central Government
(1) If the Central Government is satisfied in respect of any patent or class of patents in force that it is necessary or expedient in the public interest that...
98 Order for license to operate as a deed between parties concerned
Any order for the granting of a license executed by the patentee and all other necessary parties embodying the terms and conditions, if any, settled by the Co...
Chapter XVII Use Of Inventions For Purposes Of Government And Acquisition Of Inventions By Central Government
99 Meaning of use of invention for purposes of government
(1) For the purposes of this chapter, an invention is said to be used for the purposes of government if it is made, used, exercised or vended for the purposes...
100 Power of Central Government to use inventions for purposes of government
(1) Notwithstanding anything contained in this Act, at any time after an application for a patent has been filed at the patent office or a patent has been gra...
101 Right of third parties in respect of use of invention for purposes of government
(1) In relation to any use of a patented invention, or an invention in respect of which an application for a patent is pending, made for the purposes of gover...
102 Acquisition of inventions and patents by the Central Government
(1) The Central Government may, if satisfied that it is necessary that an invention which is the subject of an application for a patent or a patent should be ...
103 Reference to High Court of disputes as to use for purposes of government
(1) Any dispute as to the exercise by the Central Government or a person authorized by it of the powers conferred by section 100, or as to terms for the use o...
Chapter XVIII Suits Concerning Infringement Of Patents
104 Jurisdiction
No suit for a declaration under section 105 or for any relief under section 106 or for infringement of a patent shall be instituted in any court inferior to a...
105 Power of court to make declaration as to non-infringement
(1) Notwithstanding anything contained in section 34 of the Specific Relief Act, 1963, (47 of 1963), any person may institute a suit for a declaration that th...
106 Power of court to grant relief in cases of groundless threats of infringement proceedings
(1) Where any person (whether entitled to or interested in a patent or an application for a patent or not) threatens any other person by circulars or advertis...
107 Defenses, etc in suits for infringement
(1) In any suit for infringement of a patent, every ground on which it may be revoked under section 64 shall be available as a ground for defense.(2) In any s...
109 Right of exclusive licensee to take proceedings against infringement
(1) The holder of an exclusive license shall have the like right as the patentee to institute a suit in respect of any infringement of the patent committed af...
110 Right of licensee under section 84 to take proceedings against infringement
Any person to whom a license has been granted under section 84 shall be entitled to call upon the patentee to take proceedings to prevent any infringement of ...
111 Restriction on power of court to grant damages or an account of profits for infringement
(1) In a suit for infringement of a patent, damages or an account of profits shall not be granted against the defendant who proves that at the date of the inf...
112 Restriction on power of court to grant injunction in certain cases
If in proceedings for the infringement of a patent endorsed or deemed to be endorsed with the words "licenses of right" (otherwise than by the importation of ...
113 Certificate of validity of specification and costs of subsequent suits for infringement thereof
(1) If in any proceedings before a High Court for the revocation of a patent under section 64 the validity of any claim of a specification is contested and th...
114 Relief for infringement of partially valid specification
(1) If in proceedings for infringement of a patent it is found that any claim of the specification, being a claim in respect of which infringement is alleged,...
115 Scientific advisers
(1) In any suit for infringement or in any proceeding before a court under this Act, the court may at any time, and whether or not an application has been mad...
Chapter XIX Appeals
116 Appeals
(1) No appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Control...
117 Procedure for hearing of appeals
(1) Every appeal before a High Court under section 116 shall be by petition and shall be in such form and shall contain such particulars as may be prescribed ...
Chapter XX Penalties
118 Contravention of secrecy provisions relating to certain inventions
If any person fails to comply with any direction given under section 35,5[***] he shall be punishable with imprisonment for a term which may extend to two yea...
119 Falsification of entries in register, etc.
If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such...
120 Unauthorized claim of patent rights
If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be puni...
121 Wrongful use of words, "patent office"
If any person uses on his place of business or any document issued by him or otherwise the words "patent office" or any other words which would reasonably lea...
122 Refusal or failure to supply information
(1) If any person refuses or fails to furnish-(a) to the Central Government any information which he is required to furnish under sub-section (5) of section 10...
123 Practice by non-registered patent agents
If any person contravenes the provisions of section 129 he shall be punishable with fine which may extend to five hundred rupees in the case of a first offenc...
124 Offences by companies
(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the...
Chapter XXI Patent Agents
125 Register of patent agents
The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names and addresses of all persons qualified...
126 Qualifications for registration as patent agents
(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely,-(a) he is a citizen o...
127 Rights of patent agents
Subject to the provisions contained in this Act and to any rules made thereunder, every patent agent whose name is entered in the register shall be entitled- ...
128 Subscription and verification of certain documents by patent agents
(1) Subject to the provisions contained in sub-section (2) and to any rules made under this Act all applications and communications to the Controller under hi...
129 Restrictions on practice as patent agents
(1) No person, either alone or in partnership with any other person, shall practice, describe or hold himself out as a patent agent or permit himself to be so...
130 Removal from register of patent agents and restoration
(1) The Central Government may remove the name of any person from the register when it is satisfied, after giving that person a reasonable opportunity of bein...
131 Power of Controller to refuse to deal with certain agents
(1) Subject to any rules made in this behalf the Controller may refuse to recognize as agent in respect of any business under this Act-(a) any individual whose...
132 Saving in respect of other persons authorized to act as agents
Nothing in this chapter shall be deemed to prohibit-(a) the applicant for a patent or any person, not being a patent agent who is duly authorized by the applic...
Chapter XXII International Arrangements
133 Notification as to convention countries
(1) With a view to the fulfillment of a treaty, convention or arrangement with any country outside India which affords to applicants for patents in India or t...
134 Notification as to countries not providing for reciprocity
Where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rig...
135 Convention applications
(1) Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention...
136 Special provisions relating to convention applications
(1) Every convention application shall-(a) be accompanied by a complete specification; and(b) specify the date on which and the convention country in which th...
137 Multiple priorities
(1) Where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related...
138 Supplementary provisions as to convention applications
(1) Where a convention application is made in accordance with the provisions of this chapter, the applicant shall furnish, in addition to the complete specifi...
139 Other provisions of Act to apply to convention applications
Save as otherwise provided in this chapter, all the provisions of this Act shall apply in relation to convention application and a patent granted in pursuance...
Chapter XXIII Miscellaneous
140 Avoidance of certain restrictive conditions
(1) It shall not be lawful to insert-(i) in any contract for or in relation to the sale or lease of a patented article or an article made by a patented process...
141 Determination of certain contracts
(1) Any contract for the sale or lease of a patented article or for license to manufacture, use or work a patented article or process, or relating to any such...
142 Fees
(1) There shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the grants of patents und...
143 Restrictions upon publication of specifications
Subject to the provisions of Chapter VII, an application for a patent, and any specification filed in pursuance thereof, shall not, except with the consent of...
144 Reports of examiners to be confidential
The reports of examiners to the Controller under this Act shall not be open to public inspection or be published by the Controller; and such reports shall not...
145 Publication of patented inventions
The Controller shall issue periodically a publication of patented inventions containing such information as the Central Government may direct....
146 Power of Controller to call for information from patentees
(1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to f...
147 Evidence of entries, documents, etc.
(1) A certificate purporting to be signed by the Controller as to any entry, matter or thing which he is authorized by this Act or any rules made thereunder t...
148 Declaration by infant, lunatic, etc.
(1) If any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under...
149 Service of notices, etc. by post
Any notice required or authorized to be given by or under this Act, and any application or other document so authorized or required to be made or filed, may b...
150 Security for-costs
If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the grant of a license under a pate...
151 Transmission of orders of courts to Controller
(1) Every order of the High Court on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by the H...
152 Transmission of copies of specifications, etc. and inspection thereof
Copies of all such specifications, drawings and amendments left at the patent office as become open to public inspection under the provisions of this Act, sha...
153 Information relating to patents
A person making a request to the Controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent ...
154 Loss or destruction of patents
If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Controller, the Controller may at any time, on application...
155 Reports of Controller to be placed before Parliament
The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Con...
156 Patent to bind government
Subject to the other provisions contained in this Act, a patent shall have to all intents the like effect as against government as it has against any person....
157 Right of government to sell or use forfeited articles
Nothing in this Act shall affect the power of the government or of any person deriving title directly or indirectly from the government to sell or use any art...
157A Protection of security of India
Notwithstanding anything contained in this Act, the Central Government shall-(a) not disclose any information relating to any patentable invention or any appl...
158 Power of High Courts to make rules
The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act....
159 Power of Central Government to make rules
(1) The Central Government ma by notification on the Official Gazette, make rules for carrying out the purposes of this Act.(2) Without prejudice to the genera...
160 Rules to be placed before Parliament
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of...
161 Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911
(1) Where, as a result of action taken by the Controller under section 12 of the Atomic Energy Act, 1948 (29 of 1948) or under section 20 of the Atomic Energy...
162 Repeal of Act 2 of 1911 insofar as it relates to patents and saving
(1) The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say the said Act shall be amended in the mann...
163 Amendment of Act 43 of 1958
In sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958, the words and figures "and the Controller of Patents and Designs for the purpose...
Schedule Amendments Of The Indian Patents And Designs Act, 1911
(See section 162)1. Long titles-omit "Inventions and".2. Preamble omit "Inventions and".3. Section 1-In sub-section (1) omit "Indian Patents and".4. Section 2-...
Foot Notes
1 Section 5 renamed as sub-section (1) thereof by the Patents (Amendment) Act, 1999, dated 26th. March, 1999, w.e.f. 1st. January, 1995.2 Sub-section (2) inser...
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