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Indian Patent Act and Rules

THE PATENTS ACT 1970 (Updated till 2005 amendment)

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Chapter I – Preliminary

Section 1 – Short title, extent and commencement

Section 2 – Definitions and interpretation

Chapter II – Inventions Not Patentable

Section 3 – What are not inventions

Section 4 – Inventions relating to atomic energy not patentable

Section 5 – Inventions where only methods or processes of manufacture patentable

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 12 – Examination of application

Section 13 – Search for anticipation by previous publication and 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 – 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 – Acceptance of complete specification

Section 23 – Advertisement of acceptance of complete specification

Section 24 – Effect of acceptance of complete specification

Chapter IVA – Exclusive Marketing Rights (Omitted)

Chapter V – Opposition Proceedings 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 – Refusal to patent without opposition

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, 30, 31 and 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., 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

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 Specification

Section 57 – Amendment of application and specification or any document relating 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

Chapter XI – Restoration of Lapsed Patents

Section 60 – Applications for restorations 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 Appellate Board

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., in certain cases

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

Section 94 – Termination of compulsory licence

Section 95-98 – [Omitted by the Patents (Amendment) Act, 2002]

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 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 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

Section 112 – Restriction on power of court to grant injunction in certain cases

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 to the Appellate Board

Section 116 – Appellate Board

Section 117 – Staff of Appellate Board

Chapter XX – Appeals to the Appellate Board

Section 118 – Contravention of secrecy provisions relating to certain inventions

Section 119 – Falsification of entries in register, etc

Section 120 – Unauthorised 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

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 application

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 – Transmission of copies of specifications, etc., and inspection thereof

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 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 – Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911

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

Section 163 – Amendment of Act 43 of 1958

THE PATENTS RULES, 2003 (Updated till 2016 amendment)

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Chapter I – Preliminary

Rule 1 – Short title and commencement

Rule 2 – Definitions

Rule 3 – Prescribed particulars

Rule 4 – Appropriate office

Rule 5 – Address for service

Rule 6 – Leaving and serving documents

Rule 7 – Fees

Rule 8 – Forms

Rule 9 – Size, etc., of documents

Chapter II – Application for Patents

Rule 10 – Period within which proof of the right under section 7(2) to make the application shall be furnished

Rule 11 – Order of recording applications

Rule 12 – Statement and undertaking regarding foreign applications

Rule 13 – Specifications

Rule 14 – Amendments to specifications

Rule 15 – Drawings

Rule 16 – Models

Chapter III – International Applications under Patent Cooperation Treaty (PCT)

Rule 17 – Definitions

Rule 18 – Appropriate office in relation to international applications

Rule 19 – International applications filed with appropriate office as receiving office

Rule 20 – International applications designating or designating and electing India

Rule 21 – Filing of priority document

Rule 22 – Effect of non-compliance with certain requirements

Rule 23 – The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty

Chapter IV – Publication and Examination of Applications

Rule 24 – Publication of application

Rule 25 – Identification of published applications

Rule 26 – Request for withdrawal

Rule 27 – Inspection and supply of published documents

Rule 28 – Procedure in case of anticipation by prior publication

Rule 29 – Procedure in case of anticipation by prior claiming

Rule 30 – Amendment of the complete specification in case of anticipation

Rule 31 – Form of reference to another specification

Rule 32 – Procedure in case of potential infringement

Rule 33 – Form of reference to another patent

Rule 34 – Manner in which a claim under section 20(1) shall be made

Rule 35 – Manner in which a request may be made under section 20(4)

Rule 36 – Manner of application under section 20(5)

Rule 37 – Numbering of applications on the grant of patent

Rule 38 – [Omitted by Patents (Amendment) Rules, 2005]

Chapter V – Exclusive Marketing Rights (Omitted)

Rule 39-54 – [Omitted by Patents (Amendment) Rules, 2005]

Chapter VI – Opposition Proceedings to Grant of Patents

Rule 55 – Opposition to the patent

Rule 56 – Constitution of Opposition Board and its proceeding

Rule 57 – Filing of written statement of opposition and evidence

Rule 58 – Filing of reply statement and evidence

Rule 59 – Filing of reply evidence by opponent

Rule 60 – Further evidence to be left with the leave of the Controller

Rule 61 – Copies of documents to be supplied

Rule 62 – Hearing

Rule 63 – Determination of costs

Rule 64 & 65 – [Omitted by Patents (Amendment) Rules, 2005]

Rule 66 – Form of making a request under section 28(2)

Rule 67 – Form of making a claim under section 28(3)

Rule 68 – Form of application to be made under section 28(7)

Rule 69 – Procedure for the hearing of claim or an application under section 28

Rule 70 – Mention of inventor

Chapter VII – Secrecy Directions

Rule 71 – Permission for making patent application outside India under section 39

Rule 72 – Communication of result of reconsideration under section 36(2)

Chapter VIII – Grant of Patents

Rule 73 – [Omitted by Patents (Amendment) Rules, 2005]

Rule 74 – Form of patent

Rule 75 – Amendment of patent under section 44

Rule 76 – Manner of applying for direction under section 51(1)

Rule 77 – Manner of application under section 51(2)

Rule 78 – Procedure for the hearing of proceedings under section 51

Rule 79 – Request under section 52(2)

Rule 80 – Renewal fees under section 53

Chapter IX – Amendment of Application, Specification or any Document Relating Thereto

Rule 81 – Amendment of application, specification or any document relating thereto

Rule 82 – Preparation of amended specifications, etc

Rule 83 – Publication of the amendment allowed

Chapter X – Restoration of Patents

Rule 84 – Restoration of patents

Rule 85 – Opposition to restoration under section 61

Rule 86 – Payment of unpaid renewal fees

Chapter XI Surrender of Patents

Rule 87 – Surrender of Patents

Chapter XII Register of Patents

Rule 88 – Register of patents under section 67

Rule 89 – [Omitted by Patents (Amendment) Rules, 2005]

Rule 90 – Registration of title and interest in patents

Rule 91 – Presentation of assignment, etc., of patent to Controller

Rule 92 – Registration of title or interest in a patent

Rule 93 – Entry of renewal fee

Rule 94 – Alteration of address

Rule 95 – Inspection of register of patents under section 72 and fees payable therefor

Chapter XIII Compulsory Licence and Revocation of Patent

Rule 96 – Application for compulsory licence etc

Rule 97 – When a prima facie case is not made out

Rule 98 – Notice of opposition under section 87(2)

Rule 99 – Manner of publication of the revocation order

Rule 100 – Application under section 88(4)

Rule 101 – Procedure to be followed in case of applications under section 88(4)

Rule 102 – Application for termination of compulsory licence under section 94

Chapter XIV Scientific Advisers

Rule 103 – Roll of scientific advisers

Rule 104 – Manner of application for inclusion in the roll of scientific advisers

Rule 105 – Inclusion of the name of any other person in the roll of scientific advisers

Rule 106 – Power to relax

Rule 107 – Removal of names from the roll of scientific advisers

Chapter XV Patent Agents

Rule 108 – Particulars to be contained in the register of patent agents

Rule 109 – Application for registration of patent agents

Rule 110 – Particulars of the qualifying examination for patent agents

Rule 111 – Registration of patent agents

Rule 112 – Details to be included in an application for the registration of a patent agent

Rule 113 – Registration of patent agents under section 126 (2)

Rule 114 – Disqualifications for registration as a patent agent

Rule 115 – Payment of fees

Rule 116 – Removal of a name from the register of patent agents

Rule 117 – Restoration of name of persons removed from the register of patent agents

Rule 118 – Alteration of names, etc., in the register of patent agents

Rule 119 – Refusal to recognise as patent agent

Rule 120 – Publication of the names of patent agents, registered under the Act

Chapter XVI Miscellaneous

Rule 121 – Period within which copies of specification etc. are to be filed

Rule 122 – Correction of clerical errors

Rule 123 – Manner of advertisement of the proposed correction of any error

Rule 124 – Manner and time of opposition to the making of corrections

Rule 125 – Notification of corrections

Rule 126 – Form, etc., of affidavits

Rule 127 – Exhibits

Rule 128 – Directions not otherwise prescribed

Rule 129 – Exercise of discretionary power by the Controller

Rule 130 – Application for review of decisions or setting aside of orders of the Controller

Rule 131 – Form and manner in which statements required under section 146(2) to be furnished

Rule 132 – Form of application for the issue of a duplicate patent

Rule 133 – Supply of certified copies and certificates under sections 72 and 147

Rule 134 – Request for information under section 153

Rule 135 – Agency

Rule 136 – Scale of costs

Rule 137 – Powers of Controller generally

Rule 138 – Power to extend time prescribed

Rule 139 – Hearing before the Controller to be in public in certain cases

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