The Patents Act, 1970

THE PATENTS ACT, 1970

This Act aims to amend and consolidate the law relating to patents.

CHAPTER I - PRELIMINARY

1. Short title, extent and commencement.


2. Definitions and interpretation.

CHAPTER II - INVENTIONS NOT PATENTABLE

1. What are not inventions.


2. Inventions relating to atomic energy not patentable.

CHAPTER III - APPLICATIONS FOR PATENTS

1. Persons entitled to apply for patents.


2. Form of application.


3. Information and undertaking regarding foreign applications.


4. Provisional and complete specifications.

CHAPTER IV - PUBLICATION AND EXAMINATION OF APPLICATIONS

11A. Publication of applications.
11B. Request for examination.
12. Examination of application.
13. Search for anticipation by previous publication and by prior claim.
14. Consideration of report of examiner by Controller.
15. Power of Controller to refuse or require amended applications, etc., in certain cases.

CHAPTER V - OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

1. Opposition to patent.


2. In cases of "obtaining" Controller may treat the patent as the patent of opponent.

CHAPTER VI - ANTICIPATION

1. Anticipation by previous publication.


2. Anticipation by previous communication to Government.


3. Anticipation by public display, etc.


4. Anticipation by public working.


5. Anticipation by use and publication after provisional specification.

CHAPTER VII - PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS

1. Secrecy directions relating to inventions relevant for defence purposes.


2. Secrecy directions to be periodically reviewed.


3. Consequences of secrecy directions.

CHAPTER VIII - GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY

1. Grant of patents.


2. Amendment of patent granted to deceased applicant.


3. Date of patent.


4. Form, extent and effect of patent.


5. Grant of patents to be subject to certain conditions.

CHAPTER IX - PATENTS OF ADDITION

1. Patents of addition.


2. Term of patents of addition.


3. Validity of patents of addition.

CHAPTER X - AMENDMENT OF APPLICATIONS AND SPECIFICATIONS

1. Amendment of application and specification before Controller.


2. Amendment of specification before Appellate Board or High Court.


3. Supplementary provisions as to amendment of application or specification.

CHAPTER XI - RESTORATION OF LAPSED PATENTS

1. Applications for restoration of lapsed patents.


2. Procedure for disposal of applications for restoration of lapsed patents.


3. Rights of patentees of lapsed patents which have been restored.

CHAPTER XII - SURRENDER AND REVOCATION OF PATENTS

1. Surrender of patents.


2. Revocation of Power patents.


3. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.

CHAPTER XIII - REGISTER OF PATENTS

1. Register of patents and particulars to be entered therein.


2. Assignments, etc., not to be valid unless in writing and duly executed.


3. Registration of assignments, transmissions, etc.


4. Power of registered grantee or proprietor to deal with patent.

CHAPTER XIV - PATENT OFFICE AND ITS ESTABLISHMENT

1. Controller and other officers.


2. Patent office and its branches.


3. Restriction on employees of patent office as to right or interest in patents.

CHAPTER XV - POWERS OF CONTROLLER GENERALLY

1. Controller to have certain powers of a civil court.


2. Power of Controller to correct clerical errors, etc.

CHAPTER XVI - WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

1. Definition of "patented articles" and "patentee".


2. General principles applicable to working of patented inventions.


3. Compulsory licences.


4. Revocation of patents by the Controller for non-working.

CHAPTER XVII - USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT

1. Meaning of use of invention for purposes of Government.


2. Power of Central Government to use inventions for purposes of Government.

CHAPTER XVIII - SUITS CONCERNING INFRINGEMENT OF PATENTS

1. Jurisdiction.
   104A. Burden of proof in case of suits concerning infringement.

CHAPTER XIX - APPEALS

1. 
   

   [Omitted.]

   
   


2. 
   

   [Omitted.]

   
   

117A. Appeals to High Court.

CHAPTER XX - PENALTIES

1. Contravention of Secrecy provisions relating to certain inventions.


2. Falsification of entries in register, etc.


3. Unauthorised claim of patent rights.


4. Wrongful use of words "patent office".

CHAPTER XXI - PATENT AGENTS

1. Register of patent agents.


2. Qualifications for registration as patent agents.


3. Rights of patent agents.

CHAPTER XXII - INTERNATIONAL ARRANGEMENTS

1. Convention countries.


2. Notification as to countries not providing for reciprocity.


3. Convention applications.

CHAPTER XXIII - MISCELLANEOUS

1. Avoidance of certain restrictive conditions.


2. Determination of certain contracts.


3. Fees.


4. Restrictions upon publication of specification.


5. Reports of Examiners to be confidential.


6. Publication of official journal.


7. Power of Controller to call for information from patentees.

CHAPTER XXIV - APPEALS

1. 
   

   [Omitted.]

   
   


2. 
   

   [Omitted.]

   
   

117A. Appeals to High Court.

CHAPTER XXV - PENALTIES

1. Contravention of Secrecy provisions relating to certain inventions.


2. Falsification of entries in register, etc.


3. Unauthorised claim of patent rights.


4. Wrongful use of words "patent office".

CHAPTER XXVI - PATENT AGENTS

1. Register of patent agents.

SCHEDULE

7 The Patents Act, 1970