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TABLE OF CONTENTS

Section 3
What are not inventions
Section 4
Inventions relating to atomic energy not patentable
Section 5
[Omitted]

Section 6
Persons entitled to apply for patents
Section 7
Form of application
Section 8
Information and undertaking regarding foreign applications
Section 9
Provisional and complete specifications
Section 10
Contents of specifications
Section 11
Priority dates of claims of a complete specification

Section 11A
Publication of applications
Section 11B
Request for examination
Section 12
Examination of application
Section 13
Search for anticipation by previous publication and by prior claim
Section 14
Consideration of the report of examiner by Controller
Section 15
Power of Controller to refuse or require amended applications, etc., in certain case
Section 16
Power of Controller to make orders respecting division of application
Section 17
Power of Controller to make orders respecting dating of application
Section 18
Powers of Controller in cases of anticipation
Section 19
Powers of Controller in case of potential infringement
Section 20
Powers of Controller to make orders regarding substitution of applicants, etc.
Section 21
Time for putting application in order for grant
Section 22-24
Omitted

Section 25
Opposition to the patent
Section 26
In cases of "obtaining" Controller may treat the patent as the patent of opponent
Section 27
Omitted
Section 28
Mention of inventor as such in patent

Section 29
Anticipation by previous publication
Section 30
Anticipation by previous communication to Government
Section 31
Anticipation by public display, etc
Section 32
Anticipation by public working
Section 33
Anticipation by use and publication after provisional specification
Section 34
No anticipation if circumstances are only as described in sections 29,30,31 and 32

Section 35
Secrecy directions relating to inventions relevant for defence purposes
Section 36
Secrecy directions to be periodically reviewed
Section 37
Consequences of secrecy directions
Section 38
Revocation of secrecy directions and extension of time
Section 39
Residents not to apply for patents outside India without prior permission
Section 40
Liability for contravention of section 35 or section 39
Section 41
Finality of orders of Controller and Central Government
Section 42
Savings respecting disclosure to Government

Section 43
Grant of patents
Section 44
Amendment of patent granted to deceased applicant
Section 45
Date of patent
Section 46
Form, extent and effect of patent
Section 47
Grant of patents to be subject to certain conditions
Section 48
Rights of patentees
Section 49
Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India
Section 50
Rights of co-owners of patents
Section 51
Power of Controller to give directions to co-owners
Section 52
Grant of patent to true and first inventor where it has been obtained by another in fraud of him
Section 53
Term of patent

Section 54
Patents of addition
Section 55
Term of patents of addition
Section 56
Validity of patents of addition

Section 57
Amendment of application and specification or any document related thereto before Controller
Section 58
Amendment of specification before Appellate Board or High Court
Section 59
Supplementary provisions as to amendment of application or specification

Section 60
Applications for restoration of lapsed patents
Section 61
Procedure for disposal of applications for restoration of lapsed patents
Section 62
Rights of patentees of lapsed patents which have been restored

Section 63
Surrender of patents
Section 64
Revocation of patents
Section 65
Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
Section 66
Revocation of patent in public interest

Section 67
Register of patents and particulars to be entered therein
Section 68
Assignments, etc., not to be valid unless in writing and duly executed
Section 69
Registration of assignments, transmissions, etc
Section 70
Power of registered grantee or proprietor to deal with patent
Section 71
Rectification of register by Appellate Board
Section 72
Register to be open for inspection

Section 73
Controller and other officers
Section 74
Patent office and its branches
Section 75
Restriction on employees of patent office as to right or interest in patents
Section 76
Officers and employees not to furnish information, etc

Section 77
Controller to have certain powers of a civil court
Section 78
Power of Controller to correct clerical errors, etc
Section 79
Evidence how to be given and powers of Controller in respect thereof
Section 80
Exercise of discretionary powers by Controller
Section 81
Disposal by Controller of applications for extension of time

Section 82
Definition of "patented articles" and "patentee"
Section 83
General principles applicable to working of patented inventions
Section 84
Compulsory licences
Section 85
Revocation of patents by the Controller for non-working
Section 86
Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
Section 87
Procedure for dealing with applications under sections 84 and 85
Section 88
Powers of Controller in granting compulsory licences
Section 89
General purposes for granting compulsory licences
Section 90
Terms and conditions of compulsory licences
Section 91
Licensing of related patents
Section 92
Special provision for compulsory licences on notifications by Central Government
Section 92A
Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
Section 93
Order for licence to operate as a deed between parties concerned
Section 94
Termination of compulsory licence
Section 95-98
[Omitted]

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 104
Jurisdiction
Section 104A
Burden of proof in case of suits concerning infringement
Section 105
Power of court to make declaration as to non-infringement
Section 106
Power of court to grant relief in cases of groundless threats of infringement proceedings
Section 107
Defences, etc., in suits for infringement
Section 107A
Certain acts not to be considered as infringement
Section 108
Reliefs in suit for infringement
Section 109
Right of exclusive licensee to take proceedings against infringement
Section 110
Right of licensee under section 84 to take proceedings against infringement
Section 111
Restriction on power of court to grant damages or account of profits for infringement
Section 112
[Omitted]
Section 113
Certificate of validity of specification and costs of subsequent suits for infringement thereof
Section 114
Relief for infringement of partially valid specification
Section 115
Scientific advisers

Section 116
Appellate Board
Section 117
Staff of Appellate Board
Section 117A
Appeals to Appellate Board
Section 117B
Procedure and powers of Appellate Board
Section 117C
Bar of jurisdiction of courts, etc.
Section 117D
Procedure for application for rectification, etc., before Appellate Board
Section 117E
Appearance of Controller in legal proceedings
Section 117F
Costs of Controller in proceedings before Appellate Board
Section 117G
Transfer of pending proceedings to Appellate Board
Section 117H
Power of Appellate Board to make rules

Section 118
Contravention of secrecy provisions relating to certain inventions
Section 119
Falsification of entries in register, etc
Section 120
Unauthorised claim of patent rights
Section 121
Wrongful use of words "patent office"
Section 122
Refusal or failure to supply information
Section 123
Practice by non-registered patent agents
Section 124
Offences by companies

Section 125
Register of patent agents
Section 126
Qualifications for registration as patent agents
Section 127
Rights of patent agents
Section 128
Subscription and verification of certain documents by patent agents.
Section 129
Restrictions on practice as patent agents
Section 130
Removal from register of patent agents and restoration
Section 131
Power of Controller to refuse to deal with certain agents
Section 132
Savings in respect of other persons authorised to act as agents

Section 133
Convention countries
Section 134
Notification as to countries not providing for reciprocity
Section 135
Convention applications
Section 136
Special provisions relating to convention application
Section 137
Multiple priorities
Section 138
Supplementary provisions as to convention applications
Section 139
Other provisions of Act to apply to convention applications

Section 140
Avoidance of certain restrictive conditions
Section 141
Determination of certain contracts
Section 142
Fees
Section 143
Restrictions upon publication of specification
Section 144
Reports of examiners to be confidential
Section 145
Publication of official journal
Section 146
Power of Controller to call for information from patentees
Section 147
Evidence of entries, documents, etc.
Section 148
Declaration by infant, lunatic etc
Section 149
Service of notices, etc., by post
Section 150
Security for costs
Section 151
Transmission of orders of courts to Controller
Section 152
[Omitted]
Section 153
Information relating to patents
Section 154
Loss or destruction of patents
Section 155
Reports of Controller to be placed before Parliament
Section 156
Patent to bind Government
Section 157
Right of Government to sell or use forfeited articles
Section 157A
Protection of security of India
Section 158
Power of High Courts to make rules
Section 159
Power of Central Government to make rules
Section 160
Rules to be placed before Parliament
Section 161
[Omitted]
Section 162
Repeal of Act 2 of 1911 in so far as it relates to patents and savings
Section 163
[Omitted]
Disclaimers & Notes:
  1. The e-Version incorporates all the amendments in the Patents Act, 1970 and the Patent Rules, 2003 and is updated till 23-06-2017.
  2. For details of every amendment, please refer to the relevant Gazette available on the website www.ipindia.gov.in