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THE PATENTS ACT, 1970

Title : THE PATENTS ACT, 1970

Year : 1970



(1) The Central Government shall determine the nature and categories of the officers and other employees requiredto assist the Appellate Board in the discharge of its functions under this Actand provide the Appellate Board with such officers and other employees as it may think fit.

(2) The salaries and allowances and conditions of service of the officersand other employees of the Appellate Board shall be such as may be prescribed.

(3) The officers and other employees of the Appellate Board shalldischarge their functions under the general superintendence of the Chairman ofthe Appellate Board in the manner as may be prescribed.

117A - Appeals to Appellate Board

(1) Save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction.

(2) An appeal shall lie to the Appellate Board from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19,1[section 20, sub-sections (4) of section 25, section 28], section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94.

(3) Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed.

(4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government, or within such further time as the Appellate Board may, in accordance with the rules made by it allow.

117B - Procedure and powers of Appellate Board

The provisions of sub-sections (2) to (6) of section 84, section 87, section 92, section 95 and section 96 of the Trade Marks Act, 1999 (47 of 1999) shall apply to the Appellate Board in the discharge of its functions under this Act as they apply to it in the discharge of its functions under the Trade Marks Act, 1999.

117C - Bar of jurisdiction of courts, etc.

No court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (2) of section 117A or section 117D.

117D - Procedure for application for rectification, etc., before Appellate Board

(1) An application2*[for revocation of a patent before the Appellate Board under section 64 and an application for rectification of the register] made to the Appellate Board under section 71 shall be in such form as may be prescribed.

(2) A certified copy of every order or judgment of the Appellate Board relating to a patent under this Act shall be communicated to the Controller by the Board and the Controller shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.

117E - Appearance of Controller in legal proceedings

(1) The Controller shall have the right to appear and be heard-

(a) In any legal proceedings before the Appellate Board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised;

(b) In any appeal to the Appellate Board from an order of the Controller on an application for grant to a patent-

(i) Which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or

(ii) Which has been opposed and the Controller considers that his appearance is necessary in the public interest,and the Controller shall appear in any case if so directed by the Appellate Board.

(2) Unless the Appellate Board otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding.

117F - Costs of Controller in proceedings before Appellate Board

In all proceedings under this Act before the Appellate Board, the costs of the Controller shall be in the discretion of the Board, but the Controller shall not be ordered to pay the costs of any of the parties.

117G - 3*Transfer of pending proceedings to Appellate Board

All cases of appeals against any order or decision of the Controller and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any High Court, shall be transferred to the Appellate Board from such date as may be notified by the Central Government in the Official Gazette and the Appellate Board may proceed with the matter either de novo or from the stage it was so transferred].

117H - Power of Appellate Board to make rules

The Appellate Board may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act.

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1. Substituted by Patents (Amdt) Act, 2005. (15 of 2005), w.e.f. 02.04.2007 for the words and figures: section 20, section 25, section 27, section 28.

2. Substituted by Patents (Amdt) Act, 2005. (15 of 2005), w.e.f. 02.04.2007 for the words: for rectification of the register.

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

Transfer of pending proceedings to Appellate Board.-All cases of appeals against any order or decision of the Controller and all cases pertaining to rectification of register, pending before any High Court, shall be transferred to the Appellate Board from such date as may be notified by the Central Government in the Official Gazette and the Appellate Board may proceed with the matter either de novo or from the stage it was so transferred.

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If any person fails to comply with any direction given under section 35 1 [***]2*[or makes or causes to be made an application for the grant of a patent in contravention of section 39]he shall be punishable with imprisonment for a term which may extent to two years, or with fine, or with both.

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1.Certain words omitted by The Patents (Amendment) Act, 1999 w.r.e.f. 1-1-1995.

2.Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f20.05.2003

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If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.



If any person, falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be punishable with fine which may extend to1*[one lakh rupees]

Explanation 1.-For the purposes of this section, a person shall be deemed to represent-

(a) That an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India;

(b) That an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in India.

Explanation
2.-The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be, unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India.

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

* Substituted for "five hundred rupees" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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If any person uses on his place of business or any document issued by him or otherwise the words "patent office" or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the patent office, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.



(1) If any person refuses or fails to furnish-

(a) To the Central Government any information which he is required to furnish under sub-section (5) of section 100.

(b) To the Controller any information or statement which he is required to furnish by or under section 146, he shall be punishable with fine which may extend to1*[ten lakh rupees].

(2) If any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

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1. Substituted by Patents (Amdt) Act, 2005 (15 of 2005) for the words: twenty thousand rupees.

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If any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to1*[one lakh rupees in the case of a first offence and five lakh rupees] in the case of a second or subsequent offence.

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1. Substituted by Patents (Amdt) Act, 2005 (15 of 2005) for the words: *[ten thousand rupees] in the case of a first offence and **[forty thousand rupees]

* Substituted for "five hundred rupees" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

** Substituted for "two thousand rupees" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct to its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section,-

(a) "Company" means any body corporate and includes a firm or other association of individuals; and

(b) "Director", in relation to a firm, means a partner in the firm.



(1) The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126.

(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.]

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

"125 Register of patent agent.-

The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names and addresses of all persons qualified to their names so entered under section 126."

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(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfills the following conditions, namely:-

(a) He is a citizen of India;

(b) He has completed the age of 21 years;

(c) He has obtained a1*[degree in science, engineering or technology from any University established under law for the time being in force] in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,-

(i)2*[Omitted]

(ii) Has passed the qualifying examination prescribed for the purpose;3[or]

3*[(iii) Has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity at the time of making the application for registration;]
(d) he has paid such fee as may be prescribed.

4*[(2) Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of5*[the Patents (Amendment) Act, 2004] shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fee as may be prescribed.]

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1. Substituted for "degree from any university" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

2. Omitted by Patents Amendment Act, (15 of 2005). Prior to omission: (i) is an advocate within the meaning of the Advocates Act, 1961 (25 of 1961); or

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

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

"(2) Notwithstanding anything contained in sub-section (1), a person who has been practising as a patent agent before the 1st day of November, 1966 and has filed not less than five complete specifications before the said day, shall, on payment of prescribed fee, be qualified to have his name entered in the register of patent agents."

5. Substituted by Patents Amendment Act, (15 of 2005) for the words: the Patents (Amendment) Act, 2002

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Subject to the provisions contained in this Act and in any rules made there under, every patent agent whose name is entered in the register shall be entitled-

(a) To practice before the Controller; and

(b) To prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.



(1)1[***], all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned.

2[***]

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1. Words "Subject to the provisions contained in sub-section (2) and to any rules made under this Act" omitted by Patents (Amendment Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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

"(2) The following documents, namely:-

(i) Applications for patents;

(ii) Applications for the restoration of lapsed patents;

(iii) Applications for the sealing of patents after the time allowed for that purpose by or under sub-section (2), or sub-section (3) of section 43 had expired.

(iv) Applications for leave to amend;

(v) Applications for compulsory licences or for revocation; and

(vi) Notices of surrender of patents,shall be signed and verified in the manner prescribed by the person making such applications or giving such notices;

Provided that if such person is absent from India, they may be signed and verified on his behalf by a patent agent authorised by him in writing in that behalf."

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(1) No person either alone or in partnership with any other person, shall practise, describe or hold himself out as a patent agent or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his partners are so registered.

(2) No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out.

Explanation.-For the purposes of this section, practise as a patent agent includes any of the following acts, namely:-

(a) Applying for or obtaining patents in India or elsewhere;

(b) Preparing specifications or other documents for the purposes of this Act or of the patent law of any other country;

(c) Giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.



(1) The 1*[Controller] may remove the name of any person from the register when 2*[he]it is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as it thinks fit to make-

(i) That his name has been entered in the register by error on account of misrepresentation or suppression of material fact;

(ii) That he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the 1*[Controller] renders him unfit to be kept in the register.

(2) The 1*[Controller] may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom.

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1. Substituted for "Central Government" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

2. Substituted for "it" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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(1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act-

(a) And individual whose name has been removed from, had not restored to, the register;

(b) Any person who has been convicted of an offence under section 123;

(c) Any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for benefit of the person by whom he is employed;

(d) Any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm.

(2) The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India.



Nothing in the Chapter shall be deemed to prohibit-

(a) The applicant for a patent1[***] from drafting any specification or appearing or acting before the Controller, or

(b) An advocate, not being a patent agent, from taking part in any2*[hearing before the Controller on behalf of a party who is taking part in any proceeding under this Act]

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1. Words "or any person, not being a patent agent, who is duly authorised by the applicant" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

2. Substituted for "proceedings under this Act otherwise than by way of drafting any specification." by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
 
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Any country, which is a signatory or party or a group of countries, union of countries or intergovernmental organizations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the applicants for patents in India or to citizens of India similar privileges as are granted to their own citizens or citizens to their member countries in respect of the grant of patents and protection of patent rights shall be a convention country or convention countries for the purposes of this Act]

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

Notification as to convention countries.-

(1) With a view to the fulfillment of a treaty, convention or arrangement with any country outside India which affords to applicants for patents in India or to citizens of India similar privileges as are granted to its own citizens in respect of the grant of patents and the protection of patent rights, the Central Government may, by notification in the Official Gazette, declare such country to be a convention country for the purposes of this Act,

(2) A declaration under sub-section (1) may be made for the purposes either of all or of some only of the provisions of this Act, and a country in the case of which a declaration made for the purposes of some only of the provisions of this Act is in force shall be deemed to be a convention country for the purposes of those provisions only.

*[Explanation.-For the purposes of this Chapter "country" includes a group or union of countries or Inter-Governmental organisation.]

* Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
 
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Where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either, solely or jointly with any other person,-

(a) To apply for the grant of a patent or be registered as the proprietor of a patent;

(b) To be registered as the assignee of the proprietor of a patent; or

(c) To apply for a licence or hold any licence under a patent granted under this Act.



(1) Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the "basic application"), and that person or the legal representative or assignee of that person makes an application under this Act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the date of making of the basic application.

Explanation-Where applications have been made for similar protection in respect of an invention in two or more convention countries, the period of twelve months referred to in this sub-section shall be reckoned from the date on which the earlier or earliest of the said applications was made.

(2) Where applications for protection have been made in one or more convention countries in respect of two or more inventions which are cognate or of which one is a modification of another, a single convention application may, subject to the provisions contained in section 10, be made in respect of those inventions at any time within twelve months from the date of the earliest of the said applications for protection:

Provided that the fee payable on the making of any such application shall be the same as if separate applications have been made in respect of each of the said inventions, and the requirements of clause (b) of sub-section (1) of section 136 shall, in the case of any such application, apply separately to the applications for protection in respect of each of the said inventions.

1*[(3) In case of an application filed under the Patent Cooperation Treaty designating India and claiming priority from a previously filed application in India, the provisions of sub-sections (1) and (2) shall apply as if the previously filed application were the basic application:

Provided that a request for examination under section 11B shall be made only for one of the applications filed in India]

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

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(1) Every convention application shall-

(a) Be accompanied by a complete specification; and

(b) Specify the date on which and the convention country in which the application for protection, or as the case may be, the first of such applications was made; and

(c) State that no application for protection in respect of the invention had been made in a convention country before that date by the applicant or by any person from whom he derives title.

(2) Subject to the provisions contained in section 10, a complete specification filed with a convention application may include claims in respect of developments of, or additions to, the invention in respect of which the application for protection was made in a convention country, being developments or additions in respect of which the applicant would be entitled under the provisions of section 6 to make a separate application for a patent.

(3) A convention application shall not be post-dated under sub-section (1) of section 17 to a date later than the date or which under the provisions of this Act the application could have been made.



1*[(1) Where two or more applications for patents in respect of inventions have been made in one or more convention countries and those inventions are so related as to constitute one invention, one application may be made by any or all of the persons referred to in sub-section (1) of section 135 within twelve months from the date on which the earlier or earliest of those applications was made, in respect of the inventions disclosed in the specifications which accompanied the basic applications].

(2) The priority date of a claim of the complete specification, being a claim based on matters disclosed in one or more of the basic application, is the date on which that matter was first so disclosed.

(3) For the purposes of this Act, a matter shall be deemed to have been disclosed in a basic application for protection in a convention country if it was claimed or disclosed (otherwise than by way of disclaimer or acknowledgement of a prior art) in that application, or any documents submitted by the applicant for protection in support of and at the same time as that application but no account shall be taken of any disclosure effected by any such document unless a copy of the documents is filed at the patent office with the convention application or within such period as may be prescribed after the filing of that application.

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

(1) Where a convention application is made in accordance with the provisions of this Chapter, the applicant shall furnish, * [when required by the Controller,] in addition to the complete specification, copies of the specifications or corresponding documents filed or deposited by the applicant in the patent office of the convention country in which the basic application was made, certified by the official chief or head of the patent office of the convention country, or otherwise verified to the satisfaction of the Controller, along with the application or within three months thereafter, or within such further period as the Controller may on good cause allow.

* Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
 
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Last updated on July, 2016

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