Sections of Patents Act, 1970 and the Boundaries

Every set of 2 to 25 sections deal with the different regulations under law for handling an invention providing protection to the invention as well as the inventors or applicants right from the creation stage until the lifetime and even after the life time of the Patent.

The following are the titles of each sections and the flow in which an invention for patent passes through.

Sections 1 & 2 – Preliminary

Section 1 – Short Title, Extent and Commencement

Section 2 – Definitions and Interpretations

 

Sections 3 & 4 – Inventions not Patentable

Section 3 – What are not inventions

Section 4 – Inventions relating to Atomic Energy not Patentable.

 

Sections 6 to 11 – 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.

 

Sections 11A to 21 – 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 by Prior Claim

Section 14 – Consideration of the Report of Examiner by Controller

Section 15 – Power of Controller to refuse or require amended applications etc., in Certain case

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 – Power of Controller in case of Potential Infringement

Section 20 – Power of Controller to make orders regarding substitution of applicants

Section 21 – Time for putting application in order for Grant

22 to 24, 24A to F Repealed

 

Sections 25 to 28 – Opposition Proceedings to Grant of Patents

Section 25 – Opposition to the Patent

Section 26 – In cases of Obtaining the Controller may treat the patent as the Patent of the Opponent.

Section 28 – Mention of Inventor as such in Patent.

 

Sections 29 to 34 – 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.

 

Sections 35 to 42 – 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

 

Sections 43 to 53 – 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 Patent 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.

 

Sections 54 to 56 – Patents of Addition

Section 54 – Patents of Addition

Section 55 – Term of Patents of Addition

Section 56 – Validity of Patents of Addition

 

Sections 57 to 59 – Amendment of Applications and Specifications

Section 57 – Amendment of Application and Specification or any document related thereto before Controller.

Section 58 – Amendment of Specification before Appellate Board or High Court

Section 59 – Supplementary provisions as to Amendment of Application or Specification.

 

Sections 60 to 62 – 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

 

Sections 63 to 66 – Surrender and Revocation of Patents

Section 63 – Surrender of Patents

Section 64 – Revocation of 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.

 

Sections 67 to 72 – 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 Appellate Board

Section 72 – Register to be open for Inspection

 

Sections 73 to 76 – 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.,

 

Sections 77 to 81 – Power of Controller Generally

Section 77 – Controller to have certain powers of a Civil Court

Section 78 – Power 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.

 

Sections 82 to 94 – Working of Patents, Compulsory Licenses and Revocation

Section 82 – Definition of Patented Articles and Patentee

Section 83 – General Principles applicable to working of patented inventions

Section 84 – Compulsory Licenses

Section 85 – Revocation of Patents by the Controller for Non- Working

Section 86 – Power of Controller to adjourn applications for compulsory licenses, etc., in certain cases.

Section 87 – Procedure for Dealing with Applications under Sections 84 and 85.

Section 88 – Powers of Controller in Granting Compulsory Licenses.

Section 89 – General Purposes for granting compulsory licenses.

Section 90 – Terms and Conditions for Compulsory Licenses

Section 91 – Licensing of Related Inventions

Section 92 – Special provision for Compulsory licenses on notifications by Central Government.

Section 92A – Compulsory License of Export of Patented Pharmaceutical products in certain exceptional circumstances

Section 93 – Order for License to operate as a deed between parties concerned

Section 94 – Termination of Compulsory License

Sections 95 to 98 – Repealed

 

Sections 99 to 103 – Use of Inventions for Purposes of Government and Acquisition of Inventions by Central Government.

Section 99 – Meaning of use of Inventions for Purposes of Government

Section 100 – Power of Central Government to use inventions for purposes of Government.

Section 101 – Rights of Third Parties in respect of use of invention for the 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

 

Sections 104 to 115 – Suits Concerning Infringement of Patents

Section 104 – Jurisdiction of Patents

Section 104A – Burden of Proofs 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 suits for Infringement

Section 107A – Certain acts not to be considered as Infringement.

Section 108 – Reliefs in Suit 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.

Section112 – Repealed

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

 

Sections 116 to 117H – Appeals to the Appellate Board

Section 116 – Appellate Board

Section 117 – Staff of Appellate Board

Section 117A – Appeals to Appellate Board

Section 117B – Procedure and Powers of Appellate Board

Section 117C – Bar of Jurisdiction of Courts, etc.,

Section 117D – Procedure for Application for Rectification, etc., before Appellate Board

Section 117E – Appearance of Controller in Proceedings before Appellate Board

Section 117F – Costs of Controller in Proceedings to Appellate Board

Section 117G – Transfer of Pending Proceedings to Appellate Board

Section 117H – Power of Appellate Board to make rules

 

Section 118 to 124 – Penalties

Section 118 – Contravention of Secrecy Provisions relating to Certain Inventions

Section 119 – Falsification of Entries in Register, etc.,

Section 120 – Unauthorized 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

 

Sections 125 to 132 – 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 of 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 authorized to act as agents.

 

Sections 133 to 139 – 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 Application

Section 137 – Multiple Priorities

Section 138 – Supplementary provisions as to Convention Applications

Section 139 – Other Provisions of Act to Apply to Convention Applications

 

Sections 140 to 163 – Miscellaneous

Section 140 – Avoidance of Certain Restrictive Conditions

Section 141 – Determination of Certain Contracts

Section 142 – Fees

Section 143 – Restrictions upon Publication of Specification

Section 144 – Reports of Examiners to be Confidential

Section 145 – Publication of Official Journals

Section 146 – 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 the Controller

Section 152 – Repealed

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 in India

Section 158 – 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 – Repealed

Section 162 – Repeal of Act 2 of 1911 in so far as it relates to patents and designs

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