Act Text
Section1 - Short title, extent and commencement.—
Section2 - Definitions and interpretation.—
Section3 - Cl
Section4 - Ins. by Act 15 of 2005, s. 2
Section5 - Subs. by Act 38 of 2002, s. 3, for clause
Section6 - Subs. by Act 15 of 2005, s. 2, for “notified as such under sub-section
Section7 - Cl
Section8 - Information and undertaking regarding foreign applications.—
Section9 - Provisional and complete specifications.—11[
Section10 - Subs. by Act 15 of 2005, s. 6, for sub-section
Section11 - Subs. by s. 7, ibid., for sub-section
Section11B - Request for examination.—3[
Section12 - Examination of application.—1[
Section13 - Search for anticipation by previous publication and by prior claim.—
Section15 - Power of Controller to refuse or require amended applications, etc., in certain cases.—Where the Controller is
Section16 - Power of Controller to make orders respecting division of application.—
Section17 - Power of Controller to make orders respecting dating of application.—
Section18 - Powers of Controller in cases of anticipation.—
Section19 - Powers of Controller in case of potential infringement.—
Section20 - Powers of Controller to make orders regarding substitution of applicants, etc.—
Section26 - In cases of “obtaining” Controller may treat the patent as the patent of opponent.—
Section28 - Mention of inventor as such in patent.—
Chapter6 - ANTICIPATION
Section29 - Anticipation by previous publication.—
Section30 - Anticipation by previous communication to Government.—An invention claimed in a complete specification shall not be
Section31 - Anticipation by public display, etc.—An invention claimed in a complete specification shall not be deemed to have been
Section32 - Anticipation by public working.—An invention claimed in a complete specification shall not be deemed to have been
Section33 - Anticipation by use and publication after provisional specification.—
Chapter7 - PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
Section35 - Secrecy directions relating to inventions relevant for defence purposes.—
Section36 - Secrecy directions to be periodically reviewed.—4[
Section37 - Consequences of secrecy directions.—
Section38 - Revocation of secrecy directions and extension of time.—When any direction given under section 35 is revoked by the
Section40 - Liability for contravention of section 35 or section 39.—Without prejudice to the provisions contained in Chapter XX,
Section41 - Finality of orders of Controller and Central Government.—All orders of the Controller giving directions as to secrecy
Chapter8 - 2
Section42 - Savings respecting disclosure to Government.—Nothing in this Act shall be held to prevent the disclosure by the
Section44 - Amendment of patent granted to deceased applicant.—Where, at any time after a patent has been 4[granted] in pursuance
Section45 - Date of patent.—5[
Section46 - Form, extent and effect of patent.—
Section47 - Grant of patents to be subject to certain conditions.—The grant of a patent under this Act shall be subject to the
Section49 - Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India.—
Section50 - Rights of co-owners of patents.—
Section51 - Power of Controller to give directions to co-owners.—
Section52 - Grant of patent to true and first inventor where it has been obtained by another in fraud of him.—
Section53 - Term of patent.—4[
Chapter9 - PATENTS OF ADDITION
Section54 - Patents of addition.—
Section55 - Term of patents of addition.—
Section56 - Validity of patents of addition.—
Chapter10 - AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
Section57 - Amendment of application and specification before Controller.—
Section59 - Supplementary provisions as to amendment of application or specification.—8[
Section60 - Applications for restoration of lapsed patents.—
Section61 - Procedure for disposal of applications for restoration of lapsed patents.—
Section62 - Rights of patentees of lapsed patents which have been restored.—
Section63 - Surrender of patents.—
Section64 - Revocation of Power patents.—
Chapter13 - REGISTER OF PATENTS
Section67 - Register of patents and particulars to be entered therein.—
Section69 - Registration of assignments, transmissions, etc.—
Section70 - Power of registered grantee or proprietor to deal with patent.—Subject to the provisions contained in this Act relating
Section71 - Rectification of register by 1[High Court].—
Section72 - Register to be open for inspection.—
Chapter14 - PATENT OFFICE AND ITS ESTABLISHMENT
Section73 - Controller and other officers.—
Section74 - Patent office and its branches.—
Section75 - Restriction on employees of patent office as to right or interest in patents.—All officers and employees of the patents
Section76 - Officers and employees not to furnish information, etc.—An officer or employee in the patent office shall not, except
Chapter15 - POWERS OF CONTROLLER GENERALLY
Section77 - Controller to have certain powers of a civil court.—
Section78 - Power of Controller to correct clerical errors, etc.—
Section79 - Evidence how to be given and powers of Controller in respect thereof.—Subject to any rules made in this behalf, in any
Section80 - Exercise of discretionary powers by Controller.—Without prejudice to any provision contained in this Act requiring the
Section81 - Disposal by Controller of applications for extension of time.—Where under the provisions of this Act or the rules made
Section82 - Definition of “patented articles” and “patentee”.—In this Chapter, unless the context otherwise requires,—
Section83 - General principles applicable to working of patented inventions.—Without prejudice to the other provisions contained in
Section84 - Compulsory licences.—
Section88 - (6) In considering the application filed under this section, the Controller shall take into account,—
Section85 - Revocation of patents by the Controller for non-working.—
Section86 - Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.—
Section87 - Procedure for dealing with applications under sections 84 and 85.—
Section89 - General purposes for granting compulsory licences.—The powers of the Controller upon an application made under section
Section90 - Terms and conditions of compulsory licences.—
Section91 - Licensing of related patents.—
Section92 - Special provision for compulsory licences on notifications by Central Government.—
Section93 - Order for licence to operate as a deed between parties concerned.—Any order for the grant of a licence under this
Section94 - Termination of compulsory licence.—
Section99 - Meaning of use of invention for purposes of Government.—
Section100 - Power of Central Government to use inventions for purposes of Government.—
Section101 - Rights of third parties in respect of use of invention for purposes of Government.—
Section103 - (3) Where by virtue of sub-section
Section102 - Acquisition of inventions and patents by the Central Government.—
Section104 - Jurisdiction.—No suit for a declaration under section 105 or for any relief under section 106 or for infringement of a
Section105 - Power of court to make declaration as to non-infringement.—
Section106 - Power of court to grant relief in cases of groundless threats of infringement proceedings.—
Section107 - Defences, etc., in suit for infringement.—
Section108 - Reliefs in suits for infringement.—6[
Section109 - Right of exclusive licensee to take proceedings against infringement.—
Section110 - Right of licensee under section 84 to take proceedings against infringement.—Any person to whom a licence has been
Section111 - Restriction on power of court to grant damages or account of profits for infringement.—
Section113 - Certificate of validity of specification and costs of subsequent suits for infringement thereof.—1[
Section114 - Relief for infringement of partially valid specification.—
Section115 - Scientific advisers.—
Section117A - Appeals to 5[High Court].—
Section117E - Appearance of Controller in legal proceedings.—
Chapter20 - 2
Section118 - Contravention of Secrecy provisions relating to certain inventions.—If any person fails to comply with any direction
Section120 - Unauthorised claim of patent rights.—If any person falsely represents that any article sold by him is patented in India
Section122 - Refusal or failure to supply information.—
Section123 - Practice by non-registered patent agents.—If any person contravenes the provisions of section 129, 4[he shall be liable
Section124 - Offences by companies.—
Section124B - Appeal.—
ChapterXXI - PATENT AGENTS
Section126 - (2) Notwithstanding anything contained in sub-section
Section127 - Rights of patent agents.—Subject to the provisions contained in this Act and in any rules made thereunder, every patent
Section128 - Subscription and verification of certain documents by patent agents.—
Section129 - Restrictions on practice as patent agents.—
Section130 - Removal from register of patent agents and restoration.—
Section131 - Power of Controller to refuse to deal with certain agents.—
Section132 - Savings in respect of other persons authorised to act as agents.—Nothing in this Chapter shall be deemed to prohibit—
ChapterXXII - INTERNATIONAL ARRANGEMENTS
Section134 - Notification as to countries not providing for reciprocity.—Where any country specified by the Central Government in
Section135 - Convention applications.—
Section136 - Special provisions relating to convention applications.—
Section137 - Multiple priorities.—
Section138 - Supplementary provisions as to convention applications.—1[
Section139 - Other provisions of Act to apply to convention applications.—Save as otherwise provided in this Chapter, all the
Section140 - Avoidance of certain restrictive conditions.—
Section141 - Determination of certain contracts.—
Section142 - Fees.—
Section144 - Reports of Examiners to be confidential.—The reports of examiners to the Controller under this Act shall not be open to
Section146 - Power of Controller to call for information from patentees.—
Section147 - Evidence of entries, documents, etc.—
Section148 - Declaration by infant, lunatic, etc.—
Section149 - Service of notices, etc. by post.—Any notice required or authorised to be given by or under this Act, and any
Section150 - Security for costs.—If any party by whom notice of any opposition is given under this Act or by whom application is
Section151 - Transmission of orders of courts to Controller.—
Section153 - Information relating to Patents.—A person making a request to the Controller in the prescribed manner for information
Section154 - Loss or destruction of Patents.—If a patent is lost or destroyed, or its non-production is accounted for to the
Section155 - Reports of Controller to be placed before Parliament.—The Central Government shall cause to be placed before both
Section156 - Patent to bind Government.—Subject to the other provisions contained in this Act, a patent shall have to all intents
Section157 - Right of Government to sell or use forfeited articles.—Nothing in this Act shall affect the power of the Government or
Section158 - Power of High Courts to make rules.—The High Court may make rules consistent with this Act as to the conduct and
Section159 - Power of Central Government to make rules.—
Section160 - Rules to be placed before Parliament.—Every rule made under this Act shall be laid, as soon as may be after it is made,
Section162 - Repeal of Act 2 of 1911 in so far as it relates to patents and savings.—
Section14 - Section 64—
Section21 - Section 76—
Section22 - Section 77—
Section24 - For section 78A, substitute—
Section25 - Omit sections 78B, 78C, 78D and 78E
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