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THE PATENTS ACT, 1970

Title : THE PATENTS ACT, 1970

Year : 1970



(1) Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,-

(a) By any person claiming to be the true and first inventor of the invention;

(b) By any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;

(c) By the legal representative of any deceased person who immediately before his death was entitled to make such an application.

(2) An application under sub-section (I) may be made by any of the persons referred to therein either alone or jointly with any other person.



(1) Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office.

1*[(1A) Every international application under the Patent Co-operation Treaty for a patent, as may be filed designating India shall be deemed to be an application under this Act, if a corresponding application has also been filed before the Controller in India.]

2*(1B) The filing date of an application referred to in sub-section (1A) and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty;

(2) Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application, or within such period as may be prescribed after the filing of the application, proof of the right to make the application.

(3) Every application under this section shall state that the applicant is in possession of the invention and shall name the 3*[person] claiming to be the true and first inventor; and where the person so claiming is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor.

(4) 4*[ Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.]

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1. Inserted by Patents (Amdt.) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003.

2. Inserted by Patents Amendment Act (15 of 2005)

3. Substituted by Patents Amendment Act (15 of 2005)for the word "owner"

4. Substituted by Patents Amendment Act (15 of 2005)for the word "Every such application (not being a convention application) shall be accompanied by a provisional or a complete specification."

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(1) Where an applicant for a patent under this Act is prosecuting either alone or jointly with any other person an application for a patent in any country outside India in respect of the same or substantially the same invention, or where to his knowledge such an application is being prosecuted by some person through whom he claims or by some person deriving title from him, he shall file along with his application 1*[or subsequently 2*[within the prescribed period as the Controller may allow]

3*[(a) A statement setting out detailed particulars of such application; and;]

(b) An undertaking that, 4*[up to the date of grant of patent in India], he would keep the Controller informed in writing, from time to time, of 5*[detailed particulars as required under] clause (a) in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside India subsequently to the filing of the statement referred to in the aforesaid clause, within the prescribed time.

6*[(2) At any time after an application for patent is filed in India and till the grant of a patent or refusal to grant of patent made thereon, the Controller may also require the applicant to furnish details, as may be prescribed, relating to the processing of the application in a country outside India, and in that event the applicant shall furnish to the Controller information available to him within such period as may be prescribed.].

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1. Inserted by Patents (Amdt.) Act,2002 dated 25.06.2002 w.e.f 20.05.2003.

2. Substituted by Patents Amendment Act(15 of 2005) for the words "within such period as the Controller may, forgood and sufficient reasons, allow".

3. Substituted by Patents (Amdt.) Act,2002 dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:
"a statement setting out the name of the countrywhere the application is being prosecuted, the serial number and date of filingof the application and such other particulars as may be prescribed ; and"

4. Substituted by PatentsAmendment Act (15 of 2005) for the words "upto the date of the acceptance of hiscomplete specification filed in India"

5. Substituted for "details of the nature referred toin" by Patents (Amdt.) Act,2002 dated 25.06.2002 w.e.f 20.05.2003.

6. Substituted by Patents Amendment Act(15 of 2005) for the words : * [At any time after an application for patent isfiled in India and till the grant of patent or refusal to grant of patent is madethereon, the Controller may also require the applicant to furnish details asmay be prescribed relating to the processing of the application in a countryoutside India, and in that event the applicant shall furnish informationavailable to him to the Controller within thirty days from the date of receiptof the communication requiring such furnishing of information or within suchfurther period as the Controller may, for good and sufficient reasons, allow.]

* Substituted by Patents (Amdt.) Act,2002 dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:
"(2) The Controller may also require the applicant to furnish, as far as may be available to the applicant, details relating to the objections, if any, taken to any such application as is referred to in sub-section (1) on the ground that the invention is lacking in novelty or patent ability, the amendments effected in the specifications, the claims allowed in respect thereof and such other particulars as he may require.

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(1)1*[Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed, the application shall be deemed to be abandoned]:

Provided
that the complete specification may be filed at any time after twelve months but within fifteen months from the date aforesaid, if a request to that effect is made to the Controller and the prescribed fee is paid on or before the date on which the complete specification is filed.

(2) Where two or more applications in the name of the same applicant are accompanied by provisional specifications in respect of invenlions which are cognate or of which one is a modification of another and the Controller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may allow one complete specification to be filed in respect of all such provisional specifications.

2*[Provided that the period of time specified under sub-section (1) shall be reckoned from the date of filing of the earliest provisional specification]

(3)3*[Where an application for a patent (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time within twelve months from the date of filing of the application, direct that such specification shall be treated, for the purposes of this Act, as a provisional specification and proceed with the application accordingly]

(4) Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time before4*[grant of patent], cancel the provisional specification and post-date the application to the date of filing of the complete specification.

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1. Substituted by Patents Amendment Act (15 of 2005) for the words: Where an application for a patent (not being a convention application) is accompanied by a provisional specification, a complete specification shall be filed within twelve months from the date of filing of the application, and if the complete specification is not so filed the application shall be deemed to be abandoned

2. Inserted by Patents Amendment Act (15 of 2005)

3. Substituted by Patents Amendment Act (15 of 2005) for the words: Where an application for a patent (not being a convention application) is accompanied by a specification purporting to be a complete specification, the Controller may, if the applicant so requests at any time before the acceptance of the specification, direct that such specification shall be treated for the purposes of this Act as a provisional specification and proceed with the application accordingly.

4 . Substituted by Patents Amendment Act (15 of 2005) for the words: the acceptance of the complete specification

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(1) There shall be a priority date for each claim of a complete specification.

(2) Where a complete specification is filed in pursuance of a single application accompanied by-

(a) A provisional specification; or

(b) A specification which is treated by virtue of a direction under sub-section (3) of section 9 as a provisional specification,
and the claim is fairly based on the matter disclosed in the specification referred to in clause (a) or clause (b), the priority date of that claim shall be the date of filing of the relevant specification.

(3) Where the complete specification is filed or proceeded with in pursuance of two or more applications accompanied by such specifications as are mentioned in sub-section (2) and the claim is fairly based on the matter disclosed-

(a) In one of those specifications, the priority date of that claim shall be the date of the filing of the application accompanied by that specification;

(b) Partly in one and partly in another, the priority date of that claim shall be the date of the filing of the application accompanied by the specification of the later date,

1*[(3A) Where a complete specification based on a previously filed application in India has been filed within twelve months from the date of that application and the claim is fairly based on the matter disclosed in the previously filed application, the priority date of that claim shall be the date of the previously filed application in which the matter was first disclosed.";

(4) Where the complete specification has been filed in pursuance of a further application made by virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be the date of the filing of that specification in which the matter was first disclosed.

(5) Where, under the foregoing provisions of this section, any claim of a complete specification would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that claim shall be the earlier or earliest of those dates.

(6) In any case to which sub-sections (2), (3),1*[ (3A)], (4) and (5) do not apply, the priority date of a claim shall, subject to the provisions of section 137, be the date of filing of the complete specification.

(7) The reference to the date of the filing of the application or of the complete specification in this section shall, in cases where there has been a post-dating under section 9 or section 17 or, as the case may be, an ante-dating under section 16, be a reference to the date as so post-dated or ante-dated.

(8) A claim in a complete specification of a patent shall not be invalid by reason only of-

(a) The publication or use of the invention so far as claimed in that claim on or after the priority date of such claim; or

(b) The grant of another patent which claims the invention, so far as claimed in the first mentioned claim, in a claim of the same or a later priority date.

11A - 2*Publication of applications

3*[(1) Save as otherwise provided, no application for patent shall ordinarily be open to the public for such period as may be prescribed.

(2) The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible.

(3) Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application-

(a) In which secrecy direction is imposed under section 35; or

(b) Has been abandoned under sub-section (1) of section 9; or

(c) Has been withdrawn three months prior to the period specified under sub-section (1)].

(4) In case a secrecy direction has been given in respect of an application under section 35, then it shall be published after the expiry of the period of4*[prescribed under sub-section (1)] or when the secrecy direction has ceased to operate, whichever is later.

(5) The publication of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract.

(6) Upon publication of an application for a patent under this section-

(a) The depository institution shall make the biological material mentioned in the specification available to the public;

(a) (b) The patent office may, on payment of such fee as may be prescribed, make the specification and drawings, if any, of such application available to the public.

5*[(7) On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application:

Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted:

Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent.

Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to 1st day of January, 2005 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises.].

11B - Request for examination

6*[(1) No application for a patent shall be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within the prescribed period.]

(2)7*[ Omitted]

8*[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner and within the prescribed period by the applicant or any other interested person.]

(4) In case the applicant or any other interested person does not make a request for examination of the application for a patent within the period as specified under sub-section (1)9*[Omitted] or sub-section (3), the application shall be treated as withdrawn by the applicant :

10*[Provided that-

(i) The applicant may, at any time after filing the application but before the grant of a patent, withdraw the application by making a request in the prescribed manner; and

(ii) In a case where secrecy direction has been issued under section 35, the request for examination may be made within the prescribed period from the date of revocation of the secrecy direction.].


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1. Inserted by Patents Amendment Act (15 of2005).

2. Inserted by Patents (Amdt) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003.

3. Substituted by Patents Amendment Act (15 of 2005) for the words:

(1) Applications for patents shall not be open to the public for a period of eighteen months from the date of filing or date of priority, whichever is earlier.

(2) Except when a secrecy direction is given under section 35, every application for a patent shall, on the expiry of the period as specified in sub-section (1), be published.

(3) The publication of every application for a patent shall be notified in the Official Gazette.

4. Substituted by Patents Amendment Act (15 of 2005) for the words: of eighteen months

5. Inserted by Patents Amendment Act (15 of 2005)

6. Substituted by Patents Amendment Act (15 of 2005) for the words: No application for a patent shall be required to be examined unless the applicant or any other interested person makes a request in the prescribed manner for such examination within forty-eight months from the date of filing of the application for patent.

7. Omitted by Patents Amendment Act (15 of 2005).

8. Substituted by Patents Amendment Act (15 of 2005) for the words: In case of an application in respect of a claim for a patent covered under sub-section (2) of section 5, a request in the prescribed manner for examination shall be made by the applicant or any other interested person within a period of twelve months from 31st day of December, 2004 or within forty-eight months from the date of the application, whichever is later.

9. The words " or sub-section (2)" omitted by Patents Amendment Act (15 of 2005).

10. Substituted by Patents Amendment Act (15 of 2005) for the words:

Provided that-

(i) The applicant may, at any time after the filing of the application but before the grant of the patent, withdraw the application made by him; and

(ii) In a case where a secrecy direction has been issued under section 35, the request for examination may be made within forty-eight months from the date of revocation of the secrecy direction.]

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(1)1*[When a request for examination has been made in respect of an application for a patent in the prescribed manner2*[under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller ] to an examiner for making a report to him in respect of the following matters, namely:-

(a) Whether the application and the3[specification and other documents relating thereto] are in accordance with the requirements of this Act and of any rules made there under;

(b) Whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;

(c) The result of investigations made under section 13, and

(d) Any other matter which may be prescribed.

(2) The examiner to whom the application and the3*[specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller4*[within such period as may be prescribed].

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1. Substituted for "when the complete specification has been filed in respect of an application for a patent, the application and specification relating therto" by Patents (Amdt) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003.

2. Substituted by Patents Amendment Act (15 of 2005) for the words: under sub¬section (1) or sub-section (2) or sub-section (3) of section 11B, the application and specification and other documents shall be referred to by the Controller.

3. Substituted for "specification relating therto" by Patents (Amdt) Act, 2002 dated 25.06.2002 w.e.f 20.05.2003.

4. Substituted by Patents Amendment Act (15 of 2005) for the words: a period of eighteen months from the date of such reference.

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Last updated on July, 2016

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