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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

Patents Act, 1970 Complete Act

State: Central

Year: 1970

PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 2 : Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (aba) "Budapest Treaty" mean the Budapest.....

Patents Act, 1970 (39 of 1970) Chapter I

Title: Preliminary

State: Central

Year: 1970

.....of this Act shall be construed as a reference to the coming into force of that provision. __________________________ 1 . The provisions of this Act, other than sections 12(2), 13(2), 28, 68 and 125 to 132 came into force on 20-4-1972, vide S.O. 300(E), dated 20th April, 1972, published in Gazette of India, Extra., pt., II, section. 3(ii), pg.735. Sections 12(2), 13(2), 28, 68 and 125 to 132 came into force on 1st April, 1978, vide S.O. 799, dated 10th March, 1978, published in Gazette of India, Pt. II, section. 3(ii), pg. 764. Section 2 - Definitions and interpretation (1) In this Act, unless the context otherwise requires,- 1 [(a) "Appellate Board" means the Appellate Board referred to in section 116; 1[(ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person;] 2 [(aba) "Budapest Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified.....

Patents Act, 1970 (39 of 1970) Section 2

Title: Definitions and Interpretation

State: Central

Year: 1970

.....in public domain or that it does not form part of the state of the art;' (la) "Opposition Board" means an Opposition Board constituted under sub-section (4) of section 25; (m) "patent" means a patent for any invention granted under this Act;'.] (n) "patent agent" means a person for the time being registered under this Act as a patent agent; (o) "patented article" and "patented process" means respectively an article or process in respect of which a patent is in force; 8 [(oa) "Patent Co-operation Treaty" means the Patent Co-operation Treaty done at Washington on the 19th day of June, 1970 as amended and modified from time to time;] (p) "patentee" means the person for the time being entered on the register as the grantee or proprietor of the patent; (q) "patent of addition" means a patent granted in accordance with section 54; (r) "patent office" means the patent office referred to in section 74; (s) "person" includes the Government; (t) "person interested" includes a person engaged in, or in promoting, research in the same field as that to which the invention relates; 2 (ta) "pharmaceutical substance" means any new entity involving one or more inventive.....

Patents Act, 1970 (39 of 1970) Section 82

Title: Definition of "patented Articles" and "patentee"

State: Central

Year: 1970

In this Chapter, unless the context otherwise requires, (a) patented article includes any article made by a patented process; and (b) patentee includes an exclusive licensee.

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.....

Patents Act, 1970 (39 of 1970) Amending Act I

Title: Amendment Act

State: Central

Year: 1970

PATENTS(AMENDMENT) ACT, 2002 [Act,No. 38 of 2002] [25thJune, 2002] PREAMBLE AnAct further to amend the Patents Act, 1970 BEit enacted by Parliament in the Fifty-third year of the Republic of India asfollows :- 1.Short title and commencement (1)This Act may be called the Patents (Amendment) Act, 2002. (2)It shall come into force on such 1 date as the Central Governmentmay, by notification in the Official Gazette, appoint; and different dates maybe appointed for different provisions of this Act and any reference in any suchprovision to the commencement of this Act shall be construed as a reference tothe coming into force of that provision. 2.Substitution of certain words for the words "High Court" and "Court" Inthe Patents Act, 1970 (39 of 1970) (hereinafter referred to as the principalAct), for the words "High Court" wherever they occur in sections 21, 43 and71 and the word "Court" occurring in sections 21 and 71, the words "AppellateBoard" and "Board" shall respectively be substituted. 3.Amendment of section 2.- Insection 2 of the principal Act, in sub-section (1),- (a)for clause (a), the following clauses shall be substituted, namely :- .....

Patents Act, 1970 (39 of 1970) Chapter XXIII

Title: Miscellaneous

State: Central

Year: 1970

.....unlawful by this section continue in force after the expiration of oneyear from such commencement." Section 141 - Determination of certain contracts (1) Any contract for the sale or lease of a patented article or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease or licence,1[***], may at any time after the patent or all the patents by which the article or process was protected at the time of the making of the contract has or have ceased to be in force, and notwithstanding anything to the contrary in the contract or in any other contract, be determined by the purchaser, lessee, or licensee, as the case may be, of the patent on giving three months, notice in writing to the other party. (2) The provisions of this section shall be without prejudice to any right of determining a contract exercisable apart from this section. ________________________ 1. Words "whether made before or after the commencement of this Act" omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 142 - Fees (1) There shall be paid in respect of the grant of patents and applications therefor, and in respect of.....

Patents Act, 1970 (39 of 1970) Chapter IVA

Title: Exclusive Marketing Rights [Omitted]

State: Central

Year: 1970

..... * [CHAPTER IVA: EXCLUSIVE MARKETING RIGHTS 24A. Application for grant of exclusive rights.-(1) Notwithstanding anything contained in sub-section (1) of section 12, the Controller shall not, under that subsection, refer an application in respect of a claim for a patent covered under sub-section (2) of section 5 to an examiner for making a report till the 31st day of December, 2004 and shall, where an application for grant of exclusive right to sell or distribute the article or substance in India has been made in the prescribed form and manner and on payment of prescribed fee, refer the application for patent, to an examiner for making a report to him as to whether the invention is not an invention within the meaning of this Act in terms of section 3 or the invention is an invention for which no patent can be granted in terms of section 4. (2) Where the Controller, on receipt of a report under sub-section (1) and after such other investigation as he may deem necessary, is satisfied that the invention is no! an invention within the meaning of this Act in terms of section 3 or the invention is an invention for which no patent can be granted in terms of section 4, he.....

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.....