120. Unauthorised claim of patent rights
Falsely representing an article as patented, or as the subject of a pending patent application, in India attracts a penalty of up to ten lakh rupees, plus one thousand rupees for each day the claim continues after the first.
Explanation 1: A person is deemed to represent an article as patented, or as pending, if the article is marked “patent”/”patented” or “patent applied for”/”patent pending” or similar words.
Explanation 2: Such words are deemed to refer to an Indian patent or pending application unless accompanied by an indication that the patent was obtained or applied for outside India.
