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In force

The Patents Act, 1970

147 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. XXIII — 1. Subs. by Act 15 of 2005, s. 70, for sub-section (1) (w.e.f. 1-1-2005).
  3. 1Section 76
  4. 2In 1957, the Government of India requested Shri N. Rajagopala Ayyangar, now a retired Judge of the S
  5. 3The Notes on Clauses explain in detail the various provisions contained in the Bill
  6. 4Section 64
  7. IX — PATENTS OF ADDITION
  8. 5The Explanation ins. by Act 15 of 2005, s. 38 (w.e.f. 1-1-2005)
  9. XXIII — 1. Subs. by Act 15 of 2005, s. 70, for sub-section (1) (w.e.f. 1-1-2005).
  10. 6Section 67—Omit "for a patent, or for amendment of an application or of a specification, or"
  11. 7Section 69—In sub-section (1), omit "to grant a patent for an invention or"
  12. III — APPLICATIONS FOR PATENTS
  13. 8Information and undertaking regarding foreign applications
  14. XXIII — 1. Subs. by Act 15 of 2005, s. 70, for sub-section (1) (w.e.f. 1-1-2005).
  15. 9Section 57—For sub-section (1), substitute
  16. III — APPLICATIONS FOR PATENTS
  17. 10Contents of specifications
  18. 11Priority dates of claims of a complete specification
  19. IV — 2[PUBLICATION AND EXAMINATION OF APPLICATIONS]
  20. 11APublication of applications
  21. 11BRequest for examination
  22. 12Examination of application
  23. XXIII — 1. Subs. by Act 15 of 2005, s. 70, for sub-section (1) (w.e.f. 1-1-2005).
  24. 13Section 63
  25. 14Section 64
  26. IV — 2[PUBLICATION AND EXAMINATION OF APPLICATIONS]
  27. 15Power of Controller to refuse or require amended applications, etc., in certain cases
  28. XXIII — 1. Subs. by Act 15 of 2005, s. 70, for sub-section (1) (w.e.f. 1-1-2005).
  29. 16Section 67—Omit "for a patent, or for amendment of an application or of a specification, or"
  30. IV — 2[PUBLICATION AND EXAMINATION OF APPLICATIONS]
  31. 17Power of Controller to make orders respecting dating of application
  32. 18Powers of Controller in cases of anticipation
  33. 19Powers of Controller in case of potential infringement
  34. 20Powers of Controller to make orders regarding substitution of applicants, etc
  35. XXIII — 1. Subs. by Act 15 of 2005, s. 70, for sub-section (1) (w.e.f. 1-1-2005).
  36. 21Section 76
  37. 22Section 77
  38. 24For section 78A, substitute
  39. V — 2[OPPOSITION PROCEEDINGS TO GRANT OF PATENTS]
  40. 26In cases of "obtaining" Controller may treat the patent as the patent of opponent
  41. 28Mention of inventor as such in patent
  42. VI — ANTICIPATION
  43. 29Anticipation by previous publication
  44. 30Anticipation by previous communication to Government
  45. 31Anticipation by public display, etc
  46. 32Anticipation by public working
  47. 33Anticipation by use and publication after provisional specification
  48. 34No anticipation if circumstances are only as described in sections 29, 30, 31
  49. VII — PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
  50. 35Secrecy directions relating to inventions relevant for defence purposes
  51. 36Secrecy directions to be periodically reviewed
  52. 37Consequences of secrecy directions
  53. 38Revocation of secrecy directions and extension of time
  54. 40Liability for contravention of section 35 or section 39
  55. 41Finality of orders of Controller and Central Government
  56. 42Savings respecting disclosure to Government
  57. VIII — 2[GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY]
  58. 43Grant of patents
  59. 44Amendment of patent granted to deceased applicant
  60. 45Date of patent
  61. 46Form, extent and effect of patent
  62. 47Grant of patents to be subject to certain conditions
  63. 49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
  64. 50Rights of co-owners of patents
  65. 51Power of Controller to give directions to co-owners
  66. 52Grant of patent to true and first inventor where it has been obtained by another in fraud of him
  67. 53Term of patent
  68. IX — PATENTS OF ADDITION
  69. 54Patents of addition
  70. 55Term of patents of addition
  71. 56Validity of patents of addition
  72. X — AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
  73. 57Amendment of application and specification before Controller
  74. 59Supplementary provisions as to amendment of application or specification
  75. XI — RESTORATION OF LAPSED PATENTS
  76. 60Applications for restoration of lapsed patents
  77. 61Procedure for disposal of applications for restoration of lapsed patents
  78. 62Rights of patentees of lapsed patents which have been restored
  79. XII — SURRENDER AND REVOCATION OF PATENTS
  80. 63Surrender of patents
  81. 64Revocation of Power patents
  82. 66Revocation of patent in public interest
  83. XIII — REGISTER OF PATENTS
  84. 67Register of patents and particulars to be entered therein
  85. 69Registration of assignments, transmissions, etc
  86. 70Power of registered grantee or proprietor to deal with patent
  87. 71Rectification of register by
  88. 72Register to be open for inspection
  89. XIV — PATENT OFFICE AND ITS ESTABLISHMENT
  90. 73Controller and other officers
  91. 74Patent office and its branches
  92. 75Restriction on employees of patent office as to right or interest in patents
  93. 76Officers and employees not to furnish information, etc
  94. XV — POWERS OF CONTROLLER GENERALLY
  95. 77Controller to have certain powers of a civil court
  96. 78Power of Controller to correct clerical errors, etc
  97. 79Evidence how to be given and powers of Controller in respect thereof
  98. 80Exercise of discretionary powers by Controller
  99. 81Disposal by Controller of applications for extension of time
  100. 82Definition of "patented articles" and "patentee"
  101. 83General principles applicable to working of patented inventions
  102. 84Compulsory licences
  103. 85Revocation of patents by the Controller for non-working
  104. 86Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
  105. 87Procedure for dealing with applications under sections 84 and 85
  106. 88Powers of Controller in granting compulsory licences
  107. 90Terms and conditions of compulsory licences
  108. 91Licensing of related patents
  109. 92Special provision for compulsory licences on notifications by Central Government
  110. 93Order for licence to operate as a deed between parties concerned
  111. 94Termination of compulsory licence
  112. XVII — USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
  113. 99Meaning of use of invention for purposes of Government
  114. 100Power of Central Government to use inventions for purposes Government
  115. 101Rights of third parties in respect of use of invention for purposes of Government
  116. 102Acquisition of inventions and patents by the Central Government
  117. 103Reference to High Court of disputes as to use for purposes of Government
  118. XVIII — SUITS CONCERNING INFRINGEMENT OF PATENTS
  119. 104Jurisdiction
  120. 104ABurden of proof in case of suits concerning infringement
  121. 105Power of court to make declaration as to non-infringement
  122. 106Power of court to grant relief in cases of groundless threats of infringement proceedings
  123. 107Defences, etc., in suit for infringement
  124. 108Reliefs in suits for infringement
  125. 109Right of exclusive licensee to take proceedings against infringement
  126. 110Right of licensee under section 84 to take proceedings against infringement
  127. 111Restriction on power of court to grant damages or account of profits for infringement
  128. 113Certificate of validity of specification and costs of subsequent suits for infringement thereof
  129. 114Relief for infringement of partially valid specification
  130. 115Scientific advisers
  131. 117AAppeals to[5] [High Court]
  132. 117EAppearance of Controller in legal proceedings
  133. 118Contravention of Secrecy provisions relating to certain inventions
  134. 119Falsification of entries in register, etc
  135. 120Unauthorised claim of patent rights
  136. 122Refusal or failure to supply information
  137. 123Practice by non-registered patent agents
  138. 124Offences by companies
  139. 124BAppeal
  140. XXI — PATENT AGENTS
  141. 125Register of patent agents
  142. 126Qualifications for registration as patent agents
  143. 127Rights of patent agents
  144. 128Subscription and verification of certain documents by patent agents
  145. 129Restrictions on practice as patent agents
  146. 130Removal from register of patent agents and restoration
  147. 131Power of Controller to refuse to deal with certain agents
  148. 132Savings in respect of other persons authorised to act as agents
  149. XXII — INTERNATIONAL ARRANGEMENTS
  150. 134Notification as to countries not providing for reciprocity
  151. 135Convention applications
  152. 136Special provisions relating to convention applications
  153. 137Multiple priorities
  154. 138Supplementary provisions as to convention applications
  155. 139Other provisions of Act to apply to convention applications
  156. XXIII — 1. Subs. by Act 15 of 2005, s. 70, for sub-section (1) (w.e.f. 1-1-2005).
  157. 140Avoidance of certain restrictive conditions
  158. 141Determination of certain contracts
  159. 142Fees
  160. 144Reports of Examiners to be confidential
  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. 153Information relating to Patents
  168. 154Loss or destruction of Patents
  169. 155Reports of Controller to be placed before Parliament
  170. 156Patent to bind Government
  171. 157Right of Government to sell or use forfeited articles
  172. 158Power of High Courts to make rules
  173. 159Power of Central Government to make rules
  174. 160Rules to be placed before Parliament
  175. 162Repeal of Act 2 of 1911 in so far as it relates to patents and savings