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Patents Act, 1970 (39 of 1970) Chapter XVI

Title: Working of Patents, Compulsory Licences and Revocation

State: Central

Year: 1970

.....to impose. (5) In the case of every patent in respect of an invention referred to in sub-clause (i), or sub-clause (ii), of clause (a) of sub-section (1) of section 87 and deemed to be endorsed with the words "Licences of right" under clause (a) or clause (b) of that subsection, ihe royalty and other remuneration reserved to the patentee under a licence granted to any person after such commencement shall in no case exceed four per cent of the next ex-factory sale price in bulk of the patented article (exclusive of taxes levied under any law for the time being in force and any commissions payable) determined in such manner as may be prescribed. (6) Save as otherwise provided in sub-section (5), the provisions of sub-sections (1), (2), (4) and (5) of section 93 (regarding the powers of the Controller) and of sections 94 and 95 shall apply to licences granted under this section as they apply to licences granted under section 84. 89. Revocation of patents by the Controller for non-working.- (1) Where, in respect of a patent, a compulsory licence has been granted or the endorsement "Licences of right" has been made or is deemed to have been made, the Central Government.....

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Patents Act, 1970 (39 of 1970) Chapter XII

Title: Surrender and Revocation of Patents

State: Central

Year: 1970

.....for the grant of a patent outside India in contravention of section 39]5 [***]; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud. 4 [(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.] (2) For the purposes of clauses (e) and (f) of sub-section (1)- (a) no account shall be taken of6 [personal document or secret trial or secret use]; and (b) where the patent is for a process or for a product as made by a process described or claimed, the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only. (3) For the purpose of clause (1) of sub-section (1) no account shall be taken of any use of the.....

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Patents Act, 1970 (39 of 1970) Chapter III

Title: Applications for Patents

State: Central

Year: 1970

.....describe the inventionand shall begin with a title sufficiently indicating the subject-matter towhich the invention relates. (2) Subjectto any rules that may be made in this behalf under this Act, drawings may, andshall, if the Controller so requires, be supplied for the purposes of anyspecification, whether complete or provisional; and any drawings so suppliedshall, unless the Controller otherwise directs be deemed to form part of thespecification, and references in this Act to a specification shall be construedaccordingly. (3) If, inany particular case, the Controller considers that an application should befurther supplemented by a model or sample of anything illustrating theinvention or alleged to constitute an invention, such model or sample as he mayrequire shall be furnished 1 [before the application is found in order forgrant of a patent], but such model or sample shall not be deemed to form partof fhe specification. (4) Everycomplete specification shall- (a)fully and particularly describe theinvention and its operation or use and the method by which it is to beperformed; (b)disclose the best method ofperforming the invention which is known to the applicant.....

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Patents Act, 1970 (39 of 1970) Chapter IX

Title: Patents of Addition

State: Central

Year: 1970

.....shall not be sealed before the sealing of the patent for the main invention; and if the period within which, but for the provisions of this subsection, a request for the sealing of a patent of addition could be made under section 43 expires before the period within which a request for the sealing of the patent for the main invention may be so made, the request for the sealing of the patent of addition may he made at any time within the last mentioned period Section 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 remain in force during that term or until the previous cesser of the patent for the main invention and no longer: Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent.....

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Patents Act, 1970 (39 of 1970) Chapter XVIII

Title: Suits Concerning Infringement of Patents

State: Central

Year: 1970

.....prayed for. Explanation.A mere notification of the existence of a patent does not constitute a threat of proceeding within the meaning of this section. Section 107 - Defences, 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 defence. (2) In any suit for infringement of a patent by the making, using or importation of any machine, apparatus of other article or by the using of any process or by the importation, use or distribution or any medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is in accordance with any one or more of the conditions specified in section 47. Section 107A - Certain acts not to be considered as infringement 1[107A. Certain acts not to be considered as infringement For the purposes of this Act,- (a) any act of making, constructing,2[using, selling or importing] a patented invention solely for uses reasonably related to the development and submission of information required under any law for the time being in force, in India, or in a country other than India, that.....

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Patents Act, 1970 (39 of 1970) Chapter XXI

Title: Patent Agents

State: Central

Year: 1970

.....transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act. Section 128 - Subscription and verification of certain documents by patent agents (1)1[***], all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned. 2[***] ________________________ 1. Words "Subject to the provisions contained in sub-section (2) and to any rules made under this Act" omitted by Patents (Amendment Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 2. Sub-section(2) omitted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under: "(2) The following documents, namely:- (i) applications for patents; (ii) applications for the restoration of lapsed patents; (iii) applications for the sealing of patents after the time allowed for that purpose by or under sub-section (2), or sub-section (3) of section 43 had expired. (iv) applications for leave to amend; (v) applications for compulsory licences or for revocation; and (vi) notices of surrender of.....

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Patents Act, 1970 (39 of 1970) Complete Act

Title: Patents Act, 1970 (39 of 1970)

State: Central

Year: 1970

..... Section153 - Information relating to patents Section154 - Loss or destruction of patents Section155 - Reports of Controller to be placed before Parliament Section156 - Patent to bind Government Section157 - Right of Government to sell or use forfeited articles Section157A - Protection of security of India Section158 - Power of High Courts to make rules Section159 - Power of Central Government to make rules Section160 - Rules to be placed before Parliament Section161 - [Omitted] Section162 - Repeal of Act 2 of 1911 in so far as it relates to patents and savings Section163 - [Omitted] Schedule1 - THE SCHEDULE Amending ActI - AMENDMENT ACT Amending ActII - AMENDMENT ACT

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Patents Act, 1970 (39 of 1970) Chapter XIII

Title: Register of Patents

State: Central

Year: 1970

.....Where an application is made under thissection for the registration of the title of any person the Controller shall,upon proof of title of his satisfaction,- (a) where that person is entitled to a patent or a share in a patent,register him in the register as proprietor or co-proprietor of the patent, andenter in the register particulars of the instrument or even by which he derivestitle; or (b) wherethat person is entitled to any other interest in the patent, enter in theregister notice of his interest, with particulars of the instrument, if any,creating it: Provided that if there is any dispute betweenthe parties whether the assignment, mortgage, licence, transmission, operationof law or any other such transaction has validly vested in such person a titleto the patent or any share or interest therein, the Controller may refuse totake any action under clause (a) or, as the case may be, under clause (b) untilthe rights of the parties have been determined by a competent court. (4) There shall be supplied to the Controllerin the prescribed manner for being filed in the patent office copies of allagreements, licences and other documents affecting the title to any patent.....

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Patents Act, 1970 (39 of 1970) Section 25

Title: Opposition to the Patent

State: Central

Year: 1970

.....(ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the applicant's claim; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used ion India before the priority date of that claim. Explanation - For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification is.....

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Patents Act, 1970 (39 of 1970) Section 64

Title: Revocation of Patents

State: Central

Year: 1970

.....for the grant of a patent outside India in contravention of section 39]5 [***]; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud. 4 [(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.] (2) For the purposes of clauses (e) and (f) of sub-section (1)- (a) no account shall be taken of6 [personal document or secret trial or secret use]; and (b) where the patent is for a process or for a product as made by a process described or claimed, the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only. (3) For the purpose of clause (1) of sub-section (1) no account shall be taken of any use of the.....

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