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THE PATENTS ACT, 1970

Title : THE PATENTS ACT, 1970

Year : 1970



1*[(1) The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be reconsidered by the Central Government at intervals of2*[six] months or on a request made by the applicant which is found to be reasonable by the Controller and if, on such reconsideration it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India or in case of an application filed by a foreign applicant it is found that the invention is published outside India it shall forthwith give notice to the Controller to revoke the direction and the Controllers shall thereupon revoke the directions previously given by him.]

(2) The result of every re-consideration under sub-section (I), shall be communicated to the applicant within such time and in such manner as may be prescribed.

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1. Sub-Section (1) substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:

"(1) The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be re-considered by the Central Government within nine months from the date of issue of such directions and thereafter at intervals not exceeding twelve months, and if, on such re-consideration it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India it shall forthwith give notice to the Controller accordingly and the Controller shall thereupon revoke the directions previously given by him"

2. Substituted by Patents (Amdt) Act, 2005 for the words: twelve months

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(1) So long as any directions under section 35 are in force in respect of an application-

(a) The Controller shall not pass an order refusing1*[to grant] the same; and

(b) Notwithstanding anything contained in this Act, no appeal shall lie from any order of the Controller passed in respect thereof:

Provided that the application may, subject to the
directions,2*[proceed up to the stage of the acceptance of the complete specification, but the acceptance shall not be advertised nor the specification published, and no patent shall be granted in pursuance of the application].

(2) Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 3*[is found to be in order for grant of the patent] during the continuance in force of the directions, then-

(a) If, during the continuance in force of the directions, any use of the invention is made by or on behalf of, or to the order of the Government, the provisions of sections 100, 101 and 103 shall apply in relation to that use as if the patent had been granted for the invention; and

(b) If it appears to the Central Government that the applicant for the patent has suffered hardship by reason of the continuance in force of the directions, the Central Government may make to him such payment (if any) by way of solatium as appears to the Central Government to be reasonable having regard to the novelty and utility of the invention and the purpose for which it is designed, and to any other relevant circumstances.

(3) Where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force.

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1. Substituted by Patents (Amdt) Act, 2005 for the words: is accepted.

2. Substituted by Patents (Amdt) Act, 2005 for the words: proceed up to the stage of the acceptance of the complete specification, but the acceptance shall not be advertised nor the specification published, and no patent shall be granted in pursuance of the application.

3. Substituted by Patents (Amdt) Act, 2005 for the words: is accepted.

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When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application whether or not that time has previously expired.



(1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless-

(a) An application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and

(b) Either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked.

(2) The Controller shall dispose of every such application within such period as may be prescribed:

Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall not grant permit without the prior consent of the Central Government.

(3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.".

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1. Substituted by Patents (Amdt) Act, 2005 for the words:

*[39. Prohibition to apply, under certain circumstances, for patents relevant for defence purposes, etc.-

(1) No person shall, except under the authority of a written permit granted by or on behalf the Controller, make or cause to be made any application outside India for the grant of a patent for an invention relevant for defence purposes or related to atomic energy unless-

(a) An application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and

(b) Either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked.

(2) The Controller shall not grant written permission to any person to make any application outside India without the prior consent of the Central Government.

(3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.]

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

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Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 1*[or makes or causes to be made an application for grant of a patent outside India in contravention of section 39]e application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64.

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

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All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever.



Nothing in this Act shall be held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this Chapter should be made or whether an order so made should be revoked.



(1) Where an application for a patent has been found to be in order for grant of the patent and either-

(a) The application has not been refused by the Controller by virtue of any power vested in him by this Act; or

(b) The application has not been found to be in contravention of any of the provisions of this Act,the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register.

(2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection.

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

43. Grant and sealing of patent-

(1) Where a complete specification in pursuance of an application for a patent has been accepted and either-

(a) The application has not been opposed under section 25 and the time for the filing of the opposition has expired; or

(b) The application has been opposed and the opposition has been finally decided in favour of the applicant; or

(c) The application has not been refused by the Controller by virtue of any power vested in him by this Act, * [or]

* [(d) The application has not been found to be in contravention of any of the provisions of this Act,.]

The patent shall, on request made by the applicant in the prescribed form, be granted to the applicant or, in the case of a joint application to the applicants jointly, and the Controller shall cause the patent to be sealed with the seal of the patent office and the date on which the patent is sealed shall be entered in the register.

(2) Subject to the provisions of sub-section (1) and of the provisions of this Act with respect to patents of addition, a request under this section for the sealing of a patent shall be made not later than the expiration of a period of six months from the date of advertisement of the acceptance of the complete specification:

Provided that-

(a) Where at the expiration of the said six months any proceeding in relation to the application for the patent is pending before the Controller or the ** [Appellate Board], the request may be made within the prescribed period after the final determination of that proceeding;

(b) Where the applicant or one of the applicants has died before the expiration of the time within which under the provisions of this sub-section the request could otherwise be made, the said request may be made at any time within twelve months, after the date of the death or at such later time as the Controller may allow.

(3) The period within which under sub-section (2) a request for the sealing of a patent may be made, may, from time to time, be extended by the Controller to such longer period as may be specified in an application made to him in that behalf, if the application is made and the prescribed fee paid within that longer period:

Provided that the first mentioned period shall not be extended under this sob-section by more than three months in the aggregate.

Explanation.-For the purposes of this section a proceeding shall be deemed to be pending so long as the time for any appeal therein (apart from any future extension of that time) has not expired, and a proceeding shall be deemed to be finally determined when the time for any appeal therein (apart from any such extension) has expired without the appeal being brought.

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

** Substituted for "High Court" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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Where, at any time after a patent has been1*[granted] in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was1*[granted],, the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly.

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1. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: sealed.

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1*[(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.]

(2) The date of every patent shall be entered in the register.

(3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before2*[the date of publication of the application].

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1. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:

"(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the complete specification was filed:.

Provided that a patent which is granted in pursuance of an application to which any directions issued under section 78C of the Indian Patents and Designs Act, 1911 (2 of 1911) applied immediately before the commencement of this Act, shall be dated as of the date of the filing of the complete specification or the date of such commencement whichever is later."

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

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(1) Every patent shall be in the prescribed form and shall have effect throughout India.

(2) A patent shall be granted for one invention only:

Provided
that it shall not be competent for any person in a suit or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention.



The grant of patent under this Act shall be subject to the condition that-

(1) Any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the Government for the purpose merely of its own use;

(2) Any process in respect of which the patent is granted may be used by or on behalf of the Government for the purpose merely of its own use;

(3) Any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils; and

(4) In the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette.



Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee-

(a) Where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India;

(b) Where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India:

2*[Omitted]

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1. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:

"48. Rights of patentees.-

(1) Subject to the other provisions contained in this Act, a patent granted before the commencement of this Act, shall confer on the patentee the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute the invention in India.

(2) Subject to the other provision contained in this Act and the conditions specified in section 47, a patent granted after the commencement of this Act shall confer upon the patentee-

(a) Where the patent is for an article or substance, the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute such article or substance in India;

(b) Where a patent is for a method or process of manufacturing an article or substance, the exclusive right by himself, his agents or licenses to use or exercise the method or process in India."

2. Omitted by Patents Amendment Act, 2005 (15 of 2005). Prior to omission:

Provided
that the product obtained is not a product in respect of which no patent shall be granted under this Act.

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(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial wastes thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention-

(a) In the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only; or

(b) In the construction or working of the aircraft or land vehicle or of the accessories thereof,as the case may be.

(2) This section shall not extend to vessels, air crafts or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts.



(1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent.

(2) Subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to1*[the rights conferred by section 48]for his own benefit without accounting to the other person or persons.

(3) Subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under the patent shall not be granted and share in the patent shall not be assigned by one of such persons except with the consent of the other person of persons.

(4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee.

(5) Subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing contained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such.

(6) Nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this Act.

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1. Substituted for "make, use, exercise and sell the patented invention" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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(1) Where two or more persons are registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 50 in relation thereto as he thinks fit.

(2) If any person registered as grantee or proprietor of a patent fails to execute any instrument or to do any oilier thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Controller may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default.

(3) Before giving any directions in pursuance of an application under this section, the Controller shall give an opportunity to be heard-

(a) In the case of an application under sub-section (1) to the other person or persons registered as grantee or proprietor of the patent;

(b) In the case of an application under sub-section (2), to the person in default.

(4) No direction shall be given under this section so as to affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent.



(1) Where a patent has been revoked1*[under section 64] on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the 2*[Appellate Board] or court, instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the 2*[Appellate Board or] court may, by Order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the 2*[Appellate Board or] court finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment.

(2) Where any such order is passed, the Controller shall, on request by the petitioner made in the prescribed manner grant to him -

(i) In cases where the 2*[Appellate Board or] court permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked;

(ii) In cases where the 2*[Appellate Board or] court permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed:

Provided that the Controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the Controller describing and claiming that part of the invention for which the patent is to be granted.

(3) No suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted.

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1. Inserted by Patents Amendment Act, 2005 (15 of 2005).

2. Inserted by Patents Amendment Act, 2005 (15 of 2005), w.e.f. 02.04.2007.

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1*[(1) subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filling of the application for the patent.]

2*[Explanation.-For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty]

(2) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period3*[or within such extended period as may be prescribed].

(3)4*[Omission].

5*[(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection.]

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1. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:

"(1) Subject to the provisions of this Act, the term of every patent granted under this Act shall-

(a) In respect of an invention claiming the method or process of manufacture of a substance, where the substance is intended for use, or is capable of being used, as food or as a medicine or drug, be five years from the date of sealing of the patent, or seven years from the date of the patent whichever period is shorter; and

(b) In respect of any other invention be fourteen years from the date of the patent."

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

3. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: or within that period as extended under this section

4. Omitted by Patents Amendment Act, 2005 (15 of 2005). Prior to omisssion:

The period prescribed for the payment of any renewal fee shall be extended to such period, not being more than six months longer than the prescribed period, as may be specified in a request made to the Controller if the request is made and the renewal fee and the prescribed additional fee paid before the expiration of the period so specified.

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

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(1) Subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor (in this Act referred to as the "main invention") and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition.

(2) Subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patents is also the patentee in respect of the patent for the main invention, the Controller may, if the patentee so requests.by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date of the patent so revoked.

(3) A patent shall not be granted as a patent of addition unless the date of filing of the1[application] was the same as or later than the date of filing of the complete specification in respect of the main invention.

(4)2*[A patent of addition shall not be granted before grant of the patent for the main invention].

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

2. Substituted by Patents Amendment Act, 2005 (15 of 2005) for the words: A patent of addition shall not be sealed before the sealing of the patent for the main invention; and if the period within which, but for the provisions of this subsection, a request for the sealing of a patent of addition could be made under section 43 expires before the period within which a request for the sealing of the patent for the main invention may be so made, the request for the sealing of the patent of addition may he made at any time within the last mentioned period

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(1) A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer:

Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that the patent of addition shall become an independent patent for the remainder of the term for the patent for the main invention and thereupon the patent shall continue in force as an independent patent accordingly.

(2) No renewal fees shall be payable in respect of a patent of addition, but, if any such patent becomes an independent patent under sub-section (1) the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent.



(1) The grant of a patent of addition shall not be refused, and a patent granted as a patent of addition shall not be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to any publication or use of-

(a) The main invention described in the complete specification relating thereto; or

(b) Any improvement in or modification of the main invention described in the complete specification of a patent of addition to the patent for the main invention or of an application for such a patent of addition,and the validity of a patent of addition shall not be questioned on the ground that the invention ought to have been the subject of an independent patent.

(2) For the removal of doubts it is hereby declared that in determining the novelty of the invention claimed in the complete specification filed in pursuance of an application for a patent of addition regard shall be had also to the complete specification in which the main invention is described.



(1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification 1*[or any document related thereto] to be amended subject to such conditions, if any, as the Controller thinks fit:

Provided
that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification 1*[or any document related thereto] under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the application to amend.

(2) Every application for leave to amend an application for a patent 2*[or a complete specification or any document related thereto] under this section shall state the nature of the proposed amendment, and shall give full particulars of the reason for which the applications is made.

3*[(3) Any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment may be published.]

(4) Where an application is 4*[published] under sub-section (3), any person interested may, within the prescribed period after the 5* [publication] thereof, give notice to the Controller of opposition thereto; and where such a notice is given within the period aforesaid, the Controller shall notify the person by whom the application under this section is made and shall give to that person and to the opponent an opportunity to be heard before he decides the case.

(5) An amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim.

(6) 6*[The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions of the Controller issued before the grant of a patent]

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

2.Substituted for "or a specification" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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

* [(3) Any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the acceptance of the complete specification and the nature of the proposed amendment may be advertised in the Official Gazette if the amendment, in the opinion of the Controller, is substantive.]

*Substituted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:

"(3) Every application for leave to amend an application for a patent or a specification under this section made after the acceptance of the complete specification and the nature of the proposed amendment shall be advertised in the prescribed manner."

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

5. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: advertisement

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

(6) The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification * [or any document related thereto] to comply with the directions of the Controller issued before the acceptance of the complete specification or in the court of proceedings in opposition to the grant of a patent. * [along with other documents filed by the applicant]

* Inserted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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(1) In any proceeding before the Appellate Board or the High Court for the revocation of a patent, the Appellate Board or the High Court, as the case may be, may, subject to the provisions contained in section59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the Appellate Board or the High Court may think fit, and if, in any proceedings for revocation, the Appellate Board or the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent.

(2) Where an application for an order under this section is made to the Appellate Board or the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall been titled to appear and be heard, and shall appear if so directed by the Appellate Board or the High Court.

(3) Copies of all orders of the Appellate Board or the High Court allowing the patentee to amend the specification shall be transmitted by the Appellate Board or the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register]

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1.Substituted by Patents Amendment Act, 2005 ( 15 of 2005), w.e.f. 02.04.2007 for the words:

58.Amendment of specification before High Court.-

(1) In any proceeding before the High Court for the revocation of a patent, the High Court may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs,advertisement or otherwise, as the High Court may think fit, and if in any proceedings for revocation the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent.

(2)Where an application for an order under this section is made to the High Court,the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the High Court.

(3)Copies of all orders of the High Court allowing the patentee to amend the specification shall be transmitted by the High Court to the Controller who shallon receipt thereof cause an entry thereof and reference thereto to the made in the register.

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1*[(1) No amendment of an application for a patent or a complete specification or any document related thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment.]

2*[(2) Where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the Controller or by the Appellate Board or the High Court, as the case may be,-

(a) The amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto;

(b) The fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible; and

(c) The right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud].

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1. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:

"(1) No amendment of an application for a patent or a complete specification shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of correcting an obvious mistake, and no amendment of a complete specification shall be allowed the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment."

2. Substituted by Patents Amendment Act, 2005 ( 15 of 2005), w.e.f. 02.04.2007.

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(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the1*[period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal re present alive, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within2*[eighteen months] from the date on which the patent ceased to have effect, make an application for the restoration of the patent.

3[***]

(3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.

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1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: prescribed period or within that period as extended under sub-section (3) of section 53", the words, figures and brackets.

2. Substituted for "one year" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

3. Sub-section(2) omitted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under:

"(2) The provisions of sub-section (1) shall also apply to patents granted before the commencement of this Act, subject to the modification that for the reference to the prescribed period or to sub-section (3) of section 53, there shall be substituted a reference to the period prescribed therefor under the Indian Patents and Designs Act, 1911 (2 of 1911) or to sub-section (2) of section 14 of that Act." by Patents Amendment Act, 2005 ( 15 of 2005)

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Last updated on July, 2016

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