Indian Patents Act, 1970
An Act to amend and consolidate the law relating to patents.
Chapter I: Preliminary
Chapter II: Inventions Not Patentable
- 3 What are not inventions 1 judgment
- 4 Inventions relating to atomic energy not patentable
- 5 [Omitted.] 2 judgments
Chapter III: Applications for Patents
Chapter IV: Publication and Examination of Applications
- 11A Publication of applications
- 11B Request for examination
- 12 Examination of application
- 13 Search for anticipation by previous publication and by prior claim
- 14 Consideration of report of examiner by Controller
- 15 Power of Controller to refuse or require amended applications, etc., in certain cases
- 16 Power of Controller to make orders respecting division of application
- 17 Power of Controller to make orders respecting dating of application
- 18 Powers of Controller in cases of anticipation
- 19 Powers of Controller in case of potential infringement
- 20 Powers of Controller to make orders regarding substitution of applicants etc
- 21 Time for putting application in order for grant
- 22 [Omitted.]
- 23 [Omitted.]
- 24 [Omitted.]
Chapter V: Opposition to Grant of Patents
Chapter VI: Anticipation
- 29 Anticipation by previous publication
- 30 Anticipation by previous communication to Government
- 31 Anticipation by public display, etc
- 32 Anticipation by public working
- 33 Anticipation by use and publication after provisional specification
- 34 No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
Chapter VII: Provisions for Secrecy of Certain Inventions
- 35 Secrecy directions relating to inventions relevant for defence purposes
- 36 Secrecy directions to be periodically reviewed
- 37 Consequences of secrecy directions
- 38 Revocation of secrecy directions and extension of time
- 39 Residents not to apply for patents outside India without prior permission
- 40 Liability for contravention of section 35 or section 39
- 41 Finality of orders of Controller and Central Government
- 42 Savings respecting disclosure to Government
Chapter VIII: Grant of Patents and Rights Conferred Thereby
- 43 Grant of patents 1 judgment
- 44 Amendment of patent granted to deceased applicant
- 45 Date of patent
- 46 Form, extent and effect of patent
- 47 Grant of patents to be subject to certain conditions
- 48 Rights of patentees
- 49 Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
- 50 Rights of co-owners of patents
- 51 Power of Controller to give directions to co-owners
- 52 Grant of patent to true and first inventions where it has been obtained by another in fraud of him
- 53 Term of patent
Chapter IX: Patents of Addition
Chapter X: Amendment of Applications and Specifications
Chapter XI: Restoration of Lapsed Patents
Chapter XII: Surrender and Revocation of Patents
Chapter XIII: Register of Patents
- 67 Register of patents and particulars to be entered therein
- 68 Assignments, etc., not to be valid unless in writing and duly executed
- 69 Registration of assignments, transmissions, etc
- 70 Power of registered grantee or proprietor to deal with patent
- 71 Rectification of register by Appellate Board
- 72 Register to be open for inspection
Chapter XIV: Patent Office and Its Establishment
Chapter XV: Powers of Controller Generally
Chapter XVI: Working of Patents, Compulsory Licences and Revocation
- 82 Definition of "patented articles" and "patentee"
- 83 General principles applicable to working of patented inventions
- 84 Compulsory licences
- 85 Revocation of patents by the Controller for non-working
- 86 Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
- 87 Procedure for dealing with applications under sections 84 and 85
- 88 Powers of Controller in granting compulsory licences
- 89 General purposes for granting compulsory licences
- 90 Terms and conditions of compulsory licences
- 91 Licensing of related patents
- 92 Special provision for compulsory licences on notifications by Central Government
- 92A Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
- 93 Order for licence to operate as a deed between parties concerned
- 94 Termination of compulsory licence
Chapter XVII: Use of Inventions for Purposes of Government and Acquisition of Inventions by Central Government
- 99 Meaning of use of invention for purposes of Government
- 100 Power of Central Government to use inventions for purposes of Government
- 101 Rights of third parties in respect of use of invention for purposes of Government
- 102 Acquisition of inventions and patents by the Central Government
- 103 Reference to High Court of disputes as to use for purposes of Government
Chapter XVIII: Suits Concerning Infringement of Patents
- 104 Jurisdiction 4 judgments
- 104A Burden of proof in case of suits concerning infringement
- 105 Power of court to make declaration as to non-infringement
- 106 Power of court to grant relief in cases of groundless threats of infringement proceedings
- 107 Defences, etc., in suit for infringement
- 107A Certain acts not to be considered as infringement
- 108 Reliefs in suits for infringement
- 109 Right of exclusive licensee to take proceedings against infringement
- 110 Right of licensee under section 84 to take proceedings against infringement
- 111 Restriction on power of court to grant damages or account of profits for infringement
- 112 [Omitted.]
- 113 Certificate of validity of specification and costs of subsequent suits for infringement thereof
- 114 Relief for infringement of partially valid specification
- 115 Scientific advisers
Chapter XIX: Appeals
- 116 Appellate Board 1 judgment
- 117 Staff of Appellate Board
- 117A Appeals to Appellate Board
- 117B Procedure and powers of Appellate Board
- 117C Bar of jurisdiction of courts, etc
- 117D Procedure for application for rectification, etc., before Appellate Board
- 117E Appearance of Controller in legal proceedings
- 117F Costs of Controller in proceedings before Appellate Board
- 117G Transfer of pending proceedings to Appellate Board
- 117H Power of Appellate Board to make rules
Chapter XX: Punishments
- 118 Contravention of Secrecy provisions relating to certain inventions
- 119 Falsification of entries in register, etc
- 120 Unauthorised claim of patent rights
- 121 Omitted
- 122 Refusal or failure to supply information
- 123 Practice by non-registered patent agents
- 124 Offences by companies
- 124A Adjudication of penalties
- 124B Appeal
Chapter XXI: Patent Agents
- 125 Register of patent agents
- 126 Qualifications for registration as patent agents
- 127 Rights of patent agents
- 128 Subscription and verification of certain documents by patent agents
- 129 Restrictions on practice as patent agents
- 130 Removal from register of patent agents and restoration
- 131 Power of Controller to refuse to deal with certain agents
- 132 Savings in respect of other persons authorised to act as agents
Chapter XXII: International Arrangements
- 133 Convention countries
- 134 Notification as to countries not providing for reciprocity
- 135 Convention applications
- 136 Special provisions relating to convention applications
- 137 Multiple priorities
- 138 Supplementary provisions as to convention applications
- 139 Other provisions of Act to apply to convention applications
Chapter XXIII: Miscellaneous
- 140 Avoidance of certain restrictive conditions
- 141 Determination of certain contracts
- 142 Fees
- 143 Restrictions upon publication of specification
- 144 Reports of Examiners to be confidential
- 145 Publication of official journal
- 146 Power of Controller to call for information from patentees
- 147 Evidence of entries, documents, etc
- 148 Declaration by infant, lunatic, etc
- 149 Service of notices, etc., by post
- 150 Security for costs
- 151 Transmission of orders of courts to Controller
- 152 [Omitted.]
- 153 Information relating to Patents
- 154 Loss or destruction of Patents
- 155 Reports of Controller to be placed before Parliament
- 156 Patent to bind Government
- 157 Right of Government to sell or use forfeited articles
- 157A Protection of security of India
- 158 Power of High Courts to make rules
- 159 Power of Central Government to make rules
- 160 Rules to be placed before Parliament
- 161 [Omitted.]
- 162 Repeal of Act 2 of 1911 in so far as it relates to patents and savings
- 163 [Omitted.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.