The Patents Act, 1970 (Act No. 39 of 1970) consolidates and amends the law relating to patents in India. It governs patentability, the application, examination, opposition and grant process, patentee rights, compulsory licensing, Government use and acquisition of inventions, infringement remedies, the patent agent profession, and India’s international patent arrangements including the Patent Cooperation Treaty. It repealed the patent provisions of the Indian Patents and Designs Act, 1911.
CHAPTER I — PRELIMINARY
CHAPTER II — INVENTIONS NOT PATENTABLE
- Section 3 — What are not inventions
- Section 4 — Inventions relating to atomic energy not patentable
- Section 5 — [Omitted]
CHAPTER III — 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
CHAPTER IV — 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 and by prior claim
- Section 14 — Consideration of report of examiner by Controller
- Section 15 — Power of Controller to refuse or require amended applications, etc.
- 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 — Powers of Controller in cases of anticipation
- Section 19 — Powers of Controller in case of potential infringement
- Section 20 — Powers of Controller to make orders regarding substitution of applicants, etc.
- Section 21 — Time for putting application in order for grant
- Section 22 — [Omitted]
- Section 23 — [Omitted]
- Section 24 — [Omitted]
CHAPTER V — OPPOSITION TO GRANT OF PATENTS
- Section 25 — Opposition to the patent
- Section 26 — In cases of “obtaining” Controller may treat the patent as the patent of opponent
- Section 27 — [Omitted]
- Section 28 — Mention of inventor as such in patent
CHAPTER VI — 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 to 32
CHAPTER VII — 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
CHAPTER VIII — 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 patents to be subject to certain conditions
- Section 48 — Rights of patentees
- Section 49 — Patent rights not infringed when used on foreign vessels, etc.
- 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
CHAPTER IX — PATENTS OF ADDITION
- Section 54 — Patents of addition
- Section 55 — Term of patents of addition
- Section 56 — Validity of patents of addition
CHAPTER X — AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
- Section 57 — Amendment of application and specification before Controller
- Section 58 — Amendment of specification before Appellate Board or High Court
- Section 59 — Supplementary provisions as to amendment of application or specification
CHAPTER XI — 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
CHAPTER XII — 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
CHAPTER XIII — 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 High Court
- Section 72 — Register to be open for inspection
CHAPTER XIV — 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.
CHAPTER XV — POWERS 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
CHAPTER XVI — WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION
- Section 82 — Definition of “patented articles” and “patentee”
- Section 83 — General principles applicable to working of patented inventions
- Section 84 — Compulsory licences
- Section 85 — Revocation of patents by the Controller for non-working
- Section 86 — Power of Controller to adjourn applications for compulsory licences, etc.
- Section 87 — Procedure for dealing with applications under sections 84 and 85
- Section 88 — Powers of Controller in granting compulsory licences
- Section 89 — General purposes for granting compulsory licences
- Section 90 — Terms and conditions of compulsory licences
- Section 91 — Licensing of related patents
- Section 92 — Special provision for compulsory licences on notifications by Central Government
- Section 92A — Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
- Section 93 — Order for licence to operate as a deed between parties concerned
- Section 94 — Termination of compulsory licence
CHAPTER XVII — USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
- Section 99 — Meaning of use of invention 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 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
CHAPTER XVIII — SUITS CONCERNING INFRINGEMENT OF PATENTS
- Section 104 — Jurisdiction
- Section 104A — Burden of proof 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 suit for infringement
- Section 107A — Certain acts not to be considered as infringement
- Section 108 — Reliefs in suits 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
- Section 112 — [Omitted]
- 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
CHAPTER XIX — APPEALS
- Section 116 — [Omitted]
- Section 117 — [Omitted]
- Section 117A — Appeals to High Court
- Section 117B — [Omitted]
- Section 117C — [Omitted]
- Section 117D — [Omitted]
- Section 117E — Appearance of Controller in legal proceedings
- Section 117F — [Omitted]
- Section 117G — [Omitted]
- Section 117H — [Omitted]
CHAPTER XX — PUNISHMENTS
- Section 118 — Contravention of Secrecy provisions relating to certain inventions
- Section 119 — [Omitted]
- Section 120 — Unauthorised claim of patent rights
- Section 121 — [Omitted]
- Section 122 — Refusal or failure to supply information
- Section 123 — Practice by non-registered patent agents
- Section 124 — Offences by companies
- Section 124A — Adjudication of penalties
- Section 124B — Appeal
CHAPTER XXI — 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 as 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 authorised to act as agents
CHAPTER XXII — 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 applications
- Section 137 — Multiple priorities
- Section 138 — Supplementary provisions as to convention applications
- Section 139 — Other provisions of Act to apply to convention applications
CHAPTER XXIII — 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 journal
- 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 Controller
- Section 152 — [Omitted]
- 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 of 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 — [Omitted]
- Section 162 — Repeal of Act 2 of 1911 in so far as it relates to patents and savings
- Section 163 — [Omitted]
Note: The Patents Act, 1970 came into force in phases (20-4-1972 and 1-4-1978), replacing the Indian Patents and Designs Act, 1911. Major amendments include the Patents (Amendment) Act, 2002 (introducing TRIPS-compliant provisions), the Patents (Amendment) Act, 2005 (introducing product patents for pharmaceuticals, food and chemicals), the Tribunals Reforms Act, 2021 (abolishing the IPAB and transferring its jurisdiction to the High Courts), and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026 (decriminalising certain minor offences).
