Every section of the Patents Act, 1970
The Patents Act, 1970 is the statute. It decides what can be patented, who may apply, what rights a patent gives, how a patent can be opposed or revoked, and what the Controller and the courts may do. Every section below has its own page with a plain-language explanation, a worked example and the questions people actually ask.
An Act section is not a Rule. Sections create rights, duties and powers. Rules prescribe the form, the fee and the deadline. We never merge the two on one page. Where a section and a rule work together, each page links to the other in a clearly separate box.
CH I PreliminarySections 1–2 · 2
CH II Inventions Not PatentableSections 3–5 · 3
CH III Applications for PatentsSections 6–11 · 6
CH IV Publication and Examination of ApplicationsSections 11A–24 · 15
- 11APublication of applications
- 11BRequest for examination
- 12Examination of application
- 13Search for anticipation by previous publication and by prior claim
- 14Consideration of report of examiner by Controller
- 15Power of Controller to refuse or require amended applications, etc., in certain cases
- 16Power of Controller to make orders respecting division of application
- 17Power of Controller to make orders respecting dating of application
- 18Powers of Controller in cases of anticipation
- 19Powers of Controller in case of potential infringement
- 20Powers of Controller to make orders regarding substitution of applicants, etc.
- 21Time for putting application in order for grant
- 22Acceptance of complete specification Omitted
- 23Advertisement of acceptance of complete specification Omitted
- 24Effect of acceptance of complete specification Omitted
CH IVA Exclusive Marketing Rights (Omitted)Sections 24A–24F · 6
CH V Opposition Proceedings to Grant of PatentsSections 25–28 · 4
CH VI AnticipationSections 29–34 · 6
- 29Anticipation by previous publication
- 30Anticipation by previous communication to Government
- 31Anticipation by public display, etc.
- 32Anticipation by public working
- 33Anticipation by use and publication after provisional specification
- 34No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
CH VII Provisions for Secrecy of Certain InventionsSections 35–42 · 8
- 35Secrecy directions relating to inventions relevant for defence purposes
- 36Secrecy directions to be periodically reviewed
- 37Consequences of secrecy directions
- 38Revocation of secrecy directions and extension of time
- 39Residents not to apply for patents outside India without prior permission
- 40Liability for contravention of section 35 or section 39
- 41Finality of orders of Controller and Central Government
- 42Savings respecting disclosure to Government
CH VIII Grant of Patents and Rights Conferred TherebySections 43–53 · 11
- 43Grant of patents
- 44Amendment of patent granted to deceased applicant
- 45Date of patent
- 46Form, extent and effect of patent
- 47Grant of patents to be subject to certain conditions
- 48Rights of patentees
- 49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
- 50Rights of co-owners of patents
- 51Power of Controller to give directions to co-owners
- 52Grant of patent to true and first inventor where it has been obtained by another in fraud of him
- 53Term of patent
CH IX Patents of AdditionSections 54–56 · 3
CH X Amendment of Applications and SpecificationsSections 57–59 · 3
CH XI Restoration of Lapsed PatentsSections 60–62 · 3
CH XII Surrender and Revocation of PatentsSections 63–66 · 4
CH XIII Register of PatentsSections 67–72 · 6
- 67Register of patents and particulars to be entered therein
- 68Assignments, etc., not to be valid unless in writing and duly executed
- 69Registration of assignments, transmissions, etc.
- 70Power of registered grantee or proprietor to deal with patent
- 71Rectification of register by High Court
- 72Register to be open for inspection
CH XIV Patent Office and its EstablishmentSections 73–76 · 4
CH XV Powers of Controller GenerallySections 77–81 · 5
CH XVI Working of Patents, Compulsory Licences and RevocationSections 82–98 · 18
- 82Definition of “patented articles” and “patentee”
- 83General principles applicable to working of patented inventions
- 84Compulsory licences
- 85Revocation of patents by the Controller for non-working
- 86Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
- 87Procedure for dealing with applications under sections 84 and 85
- 88Powers of Controller in granting compulsory licences
- 89General purposes for granting compulsory licences
- 90Terms and conditions of compulsory licences
- 91Licensing of related patents
- 92Special provision for compulsory licences on notifications by Central Government
- 92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
- 93Order for licence to operate as a deed between parties concerned
- 94Termination of compulsory licence
- 95Provision relating to licences of right Omitted
- 96Provision relating to licences of right Omitted
- 97Provision relating to licences of right Omitted
- 98Provision relating to licences of right Omitted
CH XVII Use of Inventions for Purposes of Government and Acquisition of Inventions by Central GovernmentSections 99–103 · 5
- 99Meaning of use of invention for purposes of Government
- 100Power of Central Government to use inventions for purposes of Government
- 101Rights of third parties in respect of use of invention for purposes of Government
- 102Acquisition of inventions and patents by the Central Government
- 103Reference to High Court of disputes as to use for purposes of Government
CH XVIII Suits Concerning Infringement of PatentsSections 104–115 · 14
- 104Jurisdiction
- 104ABurden of proof in case of suits concerning infringement
- 105Power of court to make declaration as to non-infringement
- 106Power of court to grant relief in cases of groundless threats of infringement proceedings
- 107Defences, etc., in suits for infringement
- 107ACertain acts not to be considered as infringement
- 108Reliefs in suits for infringement
- 109Right of exclusive licensee to take proceedings against infringement
- 110Right of licensee under section 84 to take proceedings against infringement
- 111Restriction on power of court to grant damages or account of profits for infringement
- 112Restriction on power of court to grant injunction in certain cases Omitted
- 113Certificate of validity of specification and costs of subsequent suits for infringement thereof
- 114Relief for infringement of partially valid specification
- 115Scientific advisers
CH XIX AppealsSections 116–117H · 10
- 116Appellate Board Omitted
- 117Staff of Appellate Board Omitted
- 117AAppeals to High Court
- 117BProcedure and powers of Appellate Board Omitted
- 117CBar of jurisdiction of courts, etc. Omitted
- 117DProcedure for application for rectification, etc., before Appellate Board Omitted
- 117EAppearance of Controller in legal proceedings
- 117FCosts of Controller in proceedings before Appellate Board Omitted
- 117GTransfer of pending proceedings to Appellate Board Omitted
- 117HPower of Appellate Board to make rules Omitted
CH XX PenaltiesSections 118–124B · 9
- 118Contravention of secrecy provisions relating to certain inventions
- 119Falsification of entries in register, etc.
- 120Unauthorised claim of patent rights
- 121Wrongful use of words “patent office” Omitted
- 122Refusal or failure to supply information
- 123Practice by non-registered patent agents
- 124Offences by companies
- 124AAdjudication of penalties
- 124BAppeal
CH XXI Patent AgentsSections 125–132 · 8
- 125Register of patent agents
- 126Qualifications for registration as patent agents
- 127Rights of patent agents
- 128Subscription and verification of certain documents by patent agents
- 129Restrictions on practice as patent agents
- 130Removal from register of patent agents and restoration
- 131Power of Controller to refuse to deal with certain agents
- 132Savings in respect of other persons authorised to act as agents
CH XXII International ArrangementsSections 133–139 · 7
- 133Convention countries
- 134Notification as to countries not providing for reciprocity
- 135Convention applications
- 136Special provisions relating to convention applications
- 137Multiple priorities
- 138Supplementary provisions as to convention applications
- 139Other provisions of Act to apply to convention applications
CH XXIII MiscellaneousSections 140–163 · 25
- 140Avoidance of certain restrictive conditions
- 141Determination of certain contracts
- 142Fees
- 143Restrictions upon publication of specification
- 144Reports of examiners to be confidential
- 145Publication of official journal
- 146Power of Controller to call for information from patentees
- 147Evidence of entries, documents, etc.
- 148Declaration by infant, lunatic, etc.
- 149Service of notices, etc., by post
- 150Security for costs
- 151Transmission of orders of courts to Controller
- 152Transmission of copies of specifications, etc., and inspection thereof Omitted
- 153Information relating to patents
- 154Loss or destruction of patents
- 155Reports of Controller to be placed before Parliament
- 156Patent to bind Government
- 157Right of Government to sell or use forfeited articles
- 157AProtection of security of India
- 158Power of High Courts to make rules
- 159Power of Central Government to make rules
- 160Rules to be placed before Parliament
- 161Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911 Omitted
- 162Repeal of Act 2 of 1911 in so far as it relates to patents and savings
- 163Amendment of Act 43 of 1958 Omitted
Inserted sections such as 11A, 11B, 92A, 104A and 107A keep their official numbering. Omitted sections are shown greyed out and still have a page, because older records cite them.
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What are not inventions
Lists the categories of subject matter that are not inventions in India and therefore cannot be patented at all.
Section 2Definitions and interpretation
Defines the words used throughout the Act, including invention, inventive step, true and first inventor and person interested.
Section 11BRequest for examination
Requires a request for examination to be filed within the prescribed period, failing which the application is treated as withdrawn.
Section 8Information and undertaking regarding foreign applications
Requires an applicant with corresponding foreign applications to disclose their particulars and keep the Controller informed as prosecution continues abroad.
Section 25Opposition to the patent
Creates India's two-stage opposition system: anyone may object before grant, and any interested person may oppose within a year after grant.
Section 48Rights of patentees
Section 48 gives a patentee the exclusive right to stop others making, using, selling, offering or importing the patented product or process in India.
Section 53Term of patent
Section 53 fixes the life of an Indian patent at twenty years from the filing date, subject to paying renewal fees.
Section 64Revocation of patents
Section 64 lists the grounds on which a granted Indian patent can be revoked by the High Court or by counterclaim.
Section 39Residents not to apply for patents outside India without prior permission
Section 39 stops a person resident in India from filing a patent application abroad first, unless the Controller gives written permission.
Section 10Contents of specifications
Sets what a specification must contain: a full description, the best method, clear claims, an abstract, and biological material details.
Section 9Provisional and complete specifications
Governs provisional and complete specifications, including the twelve-month period to file a complete specification and conversion between the two.
Section 16Power of Controller to make orders respecting division of application
Allows an applicant to file a divisional application before grant where the claims of the parent cover more than one invention.
Looking for the procedure instead?
This index covers the Act. Forms, fees, time limits and Patent Office procedure live in the Patents Rules, 2003.