Patents Act 1970

Legislative Overview

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The Patents Act, 1970 was enacted by the Indian Parliament and came into force on 19th September 1970, with the stated objective: “An Act to amend and consolidate the law relating to patents.” It replaced the earlier Patents and Designs Act, 1911, which had governed patent law during the colonial period.

The Act comprises 23 Chapters, containing 163 Sections and one The Schedule, Amendments to the Indian Patents and Designs Act 1911.

Its legislative foundation can be traced to The Patent Bill, 1953 and The Patent Bill, 1963, which remained unimplemented. The substantive framework was ultimately codified through The Patent Bill, 1970, and select provisions were enforced prospectively.

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Key Highlights:

• 🗺️ Territorial Applicability: The Patents Act, 1970 extends to the entire territory of India, conferring nationwide jurisdiction.
• 🏛️ Governing Authority: The Act falls under the administrative purview of the Central Government.
• 🇮🇳 Post-Independence Reform: The legislation was introduced to modernize India's patent regime in alignment with post-independence national priorities, ensuring relevance in a rapidly evolving global landscape.
• 📜 Evolution through Amendments:
• The Act has undergone significant amendments, notably in 1999, 2002, and 2005, to align with international standards post India's accession to the TRIPS Agreement under the WTO framework (1995) along with other amendments as per the requirement.
• India, as a developing nation, was granted a 10-year transitional period to comply with TRIPS obligations.
• 🌐 International Integration: Pursuant to India's accession to the Patent Cooperation Treaty (PCT) in 1978, the country was designated as a receiving office, enabling international patent filings under the PCT framework.

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List of Amendments in the Patents Act:

1. The Repealing and Amending Act, 1974 (effective from 20/Dec/1974) 
2. The Delegated Legislation Provisions (Amendment) Act, 1985 effective from 15/May/1986)
3. The Patent (Amendment) Act, 1999 (effective from 1/Jan/1995)
4. The Patent (Amendment) Act, 2002 (effective from 20/May/2003, 02/April/2007, and 6/June/2019)
5. The Patent (Amendment) Act, 2005 (effective from 1/Jan/2005, 02/April/2007)
6. The Tribunal Reforms Act, 2021 (effective from 4/April/2021)
7. The Jan Vishwas (Amendment of Provisions) Act, 2023 (effective from 11/August/2024)

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Bare Act - Overview

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Table of Contents

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. 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 report of examiner by Controller
• Section 15. Power of Controller to refuse or require amended applications, etc., in certain cases
• 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. Power 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. [Acceptance of complete specification.] - Omitted by Act The Patents (Amendment) Act, 2005 (15 of 2005), s. 20 (w.e.f. 1-1-2005)
• Section 23. [Advertisement of acceptance of complete specification.] - Omitted by s. 20, ibid. (w.e.f. 1-1-2005)
• Section 24. [Effect of acceptance of complete specification.] - Omitted by s. 20, ibid. (w.e.f. 1-1-2005)

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. [Refusal of patent without opposition.]
• 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 after 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 before 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 Power 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 High Court..
• 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. Powers 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 by the Patents (Amendment) Act, 2002].

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 o 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 suit for infringement..
• Section 107A. Certain acts not to be considered as infringement..
• Section 108. Reliefs in suits 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. Restriction on power of court to grant injunction in certain cases.- Omitted by The Patents (Amendment) Act, 2002 (38 of 2002), s. 46 (w.e.f. 20-5-2003)..
• 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.] Omitted by the Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021)..
• Section 117. [Staff of Appellate Board.]Omitted by s. 13, ibid. (w.e.f. 4-4-2021)..
• Section 117A. Appeals to High Court.-.
• Section 117B. [Procedure and powers of Appellate Board.] Omitted by the Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021)..
• Section 117C. [Bar of jurisdiction of courts, etc.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021)..
• Section 117D. [Procedure for application for rectification, etc., before Appellate Board.] Omitted by the Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021)..
• Section 117E. Appearance of Controller in legal proceedings.-.
• Section 117F. [Costs of Controller in proceedings before Appellate Board.] Omitted by the Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021)..
• Section 117G. [Transfer of pending proceedings to Appellate Board.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021)..
• Section 117H. [Power of Appellate Board to make rules.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021)..

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..
• Section 124A. Adjudication of penalties
• Section 124B. Appeal.

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 applications..
• 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..
• Section142. Fees..
• Section 143. Restrictions upon publication of specification..
• Section 144. Reports of Examiners to be confidential..
• Section145. Publication of official journal..
• Section146. 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. [Transmission of copies of specification, etc., and inspection thereof.]— Omitted by The Patents (Amendment) Act, 2005 (15 of 2005), s. 75 (w.e.f. 1-1-2005)..
• Section 153. Information relating to Patents.-.
• Section 154. Loss or destruction of Patents-.
• Section 155. Reports of Controller to be placed before 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..
• Section158. Power of High Courts to make rules..
• Section 159. Power of Central Government to make rules..
• Section 160. Rules to be placed before Parliament..
• Section 161. [Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911.] — Omitted by The Patents (Amendment) Act, 2002 (38 of 2002), s. 46 (w.e.f. 20-5-2003)..
• Section162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings..
• Section163. [Amendment of Act 43 of 1958].—Omitted by The Patents (Amendment) Act, 2005 (15 of 2005), s. 77 (w.e.f. 1-1-2005)..

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