Patents Act · Chapter VIII

Grant of Patents and Rights Conferred Thereby

Chapter VIII of the Patents Act, 1970 contains 11 sections. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the rules it connects to.

Ch I Ch II Ch III Ch IV Ch IVA Ch V Ch VI Ch VII Ch VIII Ch IX Ch X Ch XI Ch XII Ch XIII Ch XIV Ch XV Ch XVI Ch XVII Ch XVIII Ch XIX Ch XX Ch XXI Ch XXII Ch XXIII

Sections in this chapter

In force

Omitted

43–53

Section numbers

43Grant of patentsSection 43 is the provision under which a patent is actually granted, sealed and entered in the register once the application is in order.
44Amendment of patent granted to deceased applicantSection 44 lets the Controller substitute the right person on a patent granted to an applicant who had died or ceased to exist.
45Date of patentSection 45 fixes the date of a patent as the filing date of its application, not the date on which the patent was granted.
46Form, extent and effect of patentSection 46 says a patent is issued in the prescribed form, has effect throughout India, and is granted for one invention only.
47Grant of patents to be subject to certain conditionsSection 47 builds permanent limits into every Indian patent, allowing Government use of the invention and use by anyone for experiment or research.
48Rights of patenteesSection 48 gives a patentee the exclusive right to stop others making, using, selling, offering or importing the patented product or process in India.
49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in IndiaSection 49 says a patent is not infringed by use on a foreign vessel, aircraft or vehicle temporarily or accidentally in India.
50Rights of co-owners of patentsSection 50 sets the default rules for jointly owned patents: equal shares, each co-owner may work alone, but licensing needs everyone's consent.
51Power of Controller to give directions to co-ownersSection 51 lets the Controller settle disputes between co-owners of a patent by giving directions about licensing, sale, or a co-owner who refuses to sign.
52Grant of patent to true and first inventor where it has been obtained by another in fraud of himSection 52 allows a patent to be granted to the true and first inventor after the wrongly obtained patent is revoked.
53Term of patentSection 53 fixes the life of an Indian patent at twenty years from the filing date, subject to paying renewal fees.