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The Patent Act, 1970 comprises of total 23 Chapters which includes 163 sections which came into force on 19th September 1970 with the objective "An Act to amend and consolidate the law relating to patents"
This ACT was the outcome of 'The Patent Bill 1953' and 'The Patent Bill 1963' (not implemented) which further got implemented via 'the Patent Bill 1970' by the Indian Parliament. The ACT Came into force on 19th Sept 1970 with prospective enforcement for the few sections.
The Repealing and Amending Act, 1974 (effective from 20/Dec/1974)
The Delegated Legislation Provisions (Amendment) Act, 1985 effective from 15/May/1986)
The Patent (Amendment) Act, 1999 (effective from 1/Jan/1995)
The Patent (Amendment) Act, 2002 (effective from 20/May/2003, 02/April/2007, and 6/June/2019)
The Patent (Amendment) Act, 2005 (effective from 1/Jan/2005, 02/April/2007)
The Tribunal Reforms Act, 2021 (effective from 4/April/2021)
The Jan Vishwas (Amendment of Provisions) Act, 2023 (effective from 11/August/2024)
Section 8. Information and undertaking regarding foreign applications.
Section 11. Priority dates of claims of a complete specification.
Section 13. Search for anticipation by previous publication and by prior claim.
Section 14. Consideration of report of examiner by Controller.
Section 15. Power of Controller to refuse or require amended applications, etc., in certain cases.
Section 16. Power of Controller to make orders respecting division of application.
Section 17. Power of Controller to make orders respecting dating of application.
Section 19. Powers of Controller in case of potential infringement.
Section 20. Powers of Controller to make orders regarding substitution of applicants etc.
Section 21. Time for putting application in order for grant.
24A. Application for grant of exclusive rights. [Omitted by the Patents (Amendment) Act, 2005]
24B. Grant of exclusive rights. [Omitted by the Patents (Amendment) Act, 2005]
24C. Compulsory licences. [Omitted by the Patents (Amendment) Act, 2005]
24D. Special provision for selling or distribution. [Omitted by the Patents (Amendment) Act, 2005]
24E. Suits relating to infringements. [Omitted by the Patents (Amendment) Act, 2005]
Section 26. In cases of “obtaining” Controller may treat the patent as the patent of opponent.
Section 27. [Refusal of patent without opposition.] [Omitted.]
Section 33. Anticipation by use and publication after provisional specification.
Section 34. No anticipation if circumstances are only as described in sections 29, 30, 31 and 32.
Section 35. Secrecy directions relating to inventions relevant for defence purposes.
Section 38. Revocation of secrecy directions and extension of time.
Section 39. Residents not to apply for patents outside India without prior permission.
Section 40. Liability for contravention of section 35 or section 39.
Section 41. Finality of orders of Controller and Central Government.
Section 44. Amendment of patent granted to deceased applicant.
Section 47. Grant of patents to be subject to certain conditions.
Section 51. Power of Controller to give directions to co-owners.
Section 57. Amendment of application and specification before Controller.
Section 58. Amendment of specification before Appellate Board or High Court.
Section 59. Supplementary provisions as to amendment of application or specification.
Section 61. Procedure for disposal of applications for restoration of lapsed patents.
Section 62. Rights of patentees of lapsed patents which have been restored.
Section 67. Register of patents and particulars to be entered therein.
Section 68. Assignments, etc., not to be valid unless in writing and duly executed.-
Section 69. Registration of assignments, transmissions, etc.
Section 70. Power of registered grantee or proprietor to deal with patent.
Section 75. Restriction on employees of patent office as to right or interest in patents.
Section 76. Officers and employees not to furnish information, etc.
Section 77. Controller to have certain powers of a civil court.
Section 78. Powers of Controller to correct clerical errors, etc.
Section 79. Evidence how to be given and powers of Controller in respect thereof.
Section 81. Disposal by Controller of applications for extension of time.
Section 82. Definition of “patented articles” and “patentee”.
Section 83. General principles applicable to working of patented inventions.
Section 85. Revocation of patents by the Controller for non-working.
Section 87. Procedure for dealing with applications under sections 84 and 85.
Section 88. Powers of Controller in granting compulsory licences.
Section 89. General purposes for granting compulsory licences.
Section 92. Special provision for compulsory licences on notifications by Central Government.
Section 93. Order for licence to operate as a deed between parties concerned.
Section 95-98. [Omitted by the Patents (Amendment) Act, 2002]
Section 99. Meaning of use of invention for purposes of Government.
Section 100. Power of Central Government to use inventions for purposes of Government.
Section 101. Rights of third parties in respect of use of invention for purposes of Government.
Section 102. Acquisition of inventions and patents by the Central Government.
Section 103. Reference to High Court of disputes as to use for purposes of Government.
Section 104A. Burden of proof in case of suits concerning infringement.
Section 105. Power of court to make declaration as to non-infringement.
Section 107A. Certain acts not to be considered as infringement.
Section 109. Right of exclusive licensee to take proceedings against infringement.
Section 110. Right of licensee under section 84 to take proceedings against infringement.
Section 111. Restriction on power of court to grant damages or account of profits for infringement.
Section 114. Relief for infringement of partially valid specification.
Section 117. [Staff of Appellate Board.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021).
Section 117C. [Bar of jurisdiction of courts, etc.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021).
Section 117E. Appearance of Controller in legal proceedings.-
Section 117H. [Power of Appellate Board to make rules.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021).
Section 126. Qualifications for registration as patent agents.
Section 128. Subscription and verification of certain documents by patent agents.
Section 130. Removal from register of patent agents and restoration.
Section 131. Power of Controller to refuse to deal with certain agents.
Section 132. Savings in respect of other persons authorised to act as agents.
Section 134. Notification as to countries not providing for reciprocity.
Section 136. Special provisions relating to convention applications.
Section 138. Supplementary provisions as to convention applications.
Section 139. Other provisions of Act to apply to convention applications.
Section 143. Restrictions upon publication of specification.
Section146. Power of Controller to call for information from patentees.
Section 151. Transmission of orders of courts to Controller.
Section 155. Reports of Controller to be placed before Parliament.
Section 157. Right of Government to sell or use forfeited articles.
Section162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings.
[See Section 162]