The Patents Act, 1970
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 59 Supplementary provisions as to amendment of application or specification.
1[(1) No amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete specification shall be allowed, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before the amendment, or that any claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment.]
2[(2) Where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the Controller or by 3*** the High Court, as the case may be,--
(a) the amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto;
(b) the fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible; and
(c) the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud].
(3) In construing the specification as amended, reference may be made to the specification as originally accepted.
2[(2) Where after the date of grant of patent any amendment of the specification or any other documents related thereto is allowed by the Controller or by 3*** the High Court, as the case may be,--
(a) the amendment shall for all purposes be deemed to form part of the specification along with other documents related thereto;
(b) the fact that the specification or any other documents related thereto has been amended shall be published as expeditiously as possible; and
(c) the right of the applicant or patentee to make amendment shall not be called in question except on the ground of fraud].
(3) In construing the specification as amended, reference may be made to the specification as originally accepted.
1. Subs. by Act 38 of 2002, s. 29, for sub-section (1) (w.e.f. 20-5-2003).
2. Subs. by Act 15 of 2005, s. 42, for sub-section (2) (w.e.f. 2-4-2007).
3. The words “the Appellate Board or” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
2. Subs. by Act 15 of 2005, s. 42, for sub-section (2) (w.e.f. 2-4-2007).
3. The words “the Appellate Board or” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
Section 60 Applications for restoration of lapsed patents.
(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the 1[period prescribed under section 53 or within such period as may be allowed under sub-section (4) of section 142], the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within 2[eighteen months] from the date on which the patent ceased to have effect, make an application for the restoration of the patent.
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(3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.
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(3) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.
1. Subs. by Act 15 of 2005, s. 43, for "prescribed period or within that period as extended under sub-section (3) of section 53" (w.e.f. 1-1-2005).
2. Subs. by Act 38 of 2002, s. 30, for "one year" (w.e.f. 20-5-2003).
3. Sub-section (2) omitted by s. 30, ibid. (w.e.f. 20-5-2003).
2. Subs. by Act 38 of 2002, s. 30, for "one year" (w.e.f. 20-5-2003).
3. Sub-section (2) omitted by s. 30, ibid. (w.e.f. 20-5-2003).
Section 61 Procedure for disposal of applications for restoration of lapsed patents.
(1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application, he shall 1[publish the application] in the prescribed manner; and within the prescribed period any person interested may give notice to the Controller of opposition thereto on either or both of the following grounds, that is to say,--
(a) that the failure to pay the renewal fee was not unintentional; or
(b) that there has been undue delay in the making of the application.
(2)If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case.
(3) If no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent.
(4) The Controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of this Act, has to be entered in the register but which has not been so entered.
(a) that the failure to pay the renewal fee was not unintentional; or
(b) that there has been undue delay in the making of the application.
(2)If notice of opposition is given within the period aforesaid, the Controller shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case.
(3) If no notice of opposition is given within the period aforesaid or if in the case of opposition, the decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent.
(4) The Controller may, if he thinks fit as a condition of restoring the patent, require that an entry shall be made in the register of any document or matter which, under the provisions of this Act, has to be entered in the register but which has not been so entered.
1. Subs. by Act 15 of 2005, s. 44, for "advertise the application" (w.e.f. 1-1-2005).
Section 62 Rights of patentees of lapsed patents which have been restored.
(1) Where a patent is restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the patented invention between the date when the patent ceased to have effect and the date of the 1[publication] of the application for restoration of the patent under this Chapter.
(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the 2[date of publication] of the application for restoration of the patent.
(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a patent committed between the date on which the patent ceased to have effect and the 2[date of publication] of the application for restoration of the patent.
1. Subs. by s. 45, ibid., for "advertisement" (w.e.f. 1-1-2005).
2. Subs. by s. 45, ibid., for "date of the advertisement" (w.e.f. 1-1-2005).
2. Subs. by s. 45, ibid., for "date of the advertisement" (w.e.f. 1-1-2005).
Section 63 Surrender of patents.
(1)A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent.
(2) Where such an offer is made, the Controller shall 1[publish] the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent.
(3) Any person interested may, within the prescribed period after 2[such publication] give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.
(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order revoke the patent.
(2) Where such an offer is made, the Controller shall 1[publish] the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent.
(3) Any person interested may, within the prescribed period after 2[such publication] give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.
(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order revoke the patent.
1. Subs. by Act 15 of 2005, s. 46, for "advertise" (w.e.f. 1-1-2005).
2. Subs. by s. 46, ibid., for "such advertisement" (w.e.f. 1-1-2005).
2. Subs. by s. 46, ibid., for "such advertisement" (w.e.f. 1-1-2005).
Section 64 Revocation of Power patents.
(1) Subject to the provisions contained in this Act, a patent whether granted before or after the commencement of this Act, may, 1[be revoked on a petition of any person interested or of the Central Government by 2*** on a counter-claim in a suit for infringement of the patent by the High Court] on any of the following grounds, that is to say--
(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India;
(b) that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefor:
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(c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims;
(d) that the subject of any claim of the complete specification is not an invention within the meaning of this Act;
(e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the priority date of the claim or to what was published in India or elsewhere in any of the documents referred to in section 13:
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(f) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim:
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(g) that the invention, so far as claimed in any claim of the complete specification, is not useful;
(h) that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in India possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim, protection;
(i) that the scope of any claim of the complete specification is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification;
(j) that the patent was obtained on a false suggestion or representation;
(k) that the subject of any claim of the complete specification is not patentable under this Act;
(l) that the invention so far as claimed in any claim of the complete specification was secretly used in India, otherwise than as mentioned in sub-section (3), before the priority date of the claim;
(m) that the applicant for the patent has failed to disclose to the Controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge;
(n) that the applicant contravened any direction for secrecy passed under section 35 4[or made or caused to be made an application for the grant of a patent outside India in contravention of section 39];
(o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud;
4[(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention;
(q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.]
(2) For the purposes of clauses (e) and (f) of sub-section (1),--
(a) no account shall be taken of 5[personal document or secret trial or secret use]; and
(b) where the patent is for a process or for a product as made by a process described or claimed the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only.
(3) For the purpose of clause (l) of sub-section (1), no account shall be taken of any use of the invention--
(a) for the purpose of reasonable trial or experiment only; or
(b) by the Government or by any person authorised by the Government or by a Government undertaking, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly to the Government or person authorised as aforesaid or to the Government undertaking; or
(c) by any other person, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title.
(4) Without prejudice to the provisions contained in sub-section (1), a patent may be revoked by the High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Central Government to make, use or exercise the patented invention for the purposes of Government within the meaning of section 99 upon reasonable terms.
(5) A notice of any petition for revocation of a patent under this section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein and it shall not be necessary to serve a notice on any other person.
(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in a valid claim of earlier priority date contained in the complete specification of another patent granted in India;
(b) that the patent was granted on the application of a person not entitled under the provisions of this Act to apply therefor:
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(c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any person under or through whom he claims;
(d) that the subject of any claim of the complete specification is not an invention within the meaning of this Act;
(e) that the invention so far as claimed in any claim of the complete specification is not new, having regard to what was publicly known or publicly used in India before the priority date of the claim or to what was published in India or elsewhere in any of the documents referred to in section 13:
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(f) that the invention so far as claimed in any claim of the complete specification is obvious or does not involve any inventive step, having regard to what was publicly known or publicly used in India or what was published in India or elsewhere before the priority date of the claim:
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(g) that the invention, so far as claimed in any claim of the complete specification, is not useful;
(h) that the complete specification does not sufficiently and fairly describe the invention and the method by which it is to be performed, that is to say, that the description of the method or the instructions for the working of the invention as contained in the complete specification are not by themselves sufficient to enable a person in India possessing average skill in, and average knowledge of, the art to which the invention relates, to work the invention, or that it does not disclose the best method of performing it which was known to the applicant for the patent and for which he was entitled to claim, protection;
(i) that the scope of any claim of the complete specification is not sufficiently and clearly defined or that any claim of the complete specification is not fairly based on the matter disclosed in the specification;
(j) that the patent was obtained on a false suggestion or representation;
(k) that the subject of any claim of the complete specification is not patentable under this Act;
(l) that the invention so far as claimed in any claim of the complete specification was secretly used in India, otherwise than as mentioned in sub-section (3), before the priority date of the claim;
(m) that the applicant for the patent has failed to disclose to the Controller the information required by section 8 or has furnished information which in any material particular was false to his knowledge;
(n) that the applicant contravened any direction for secrecy passed under section 35 4[or made or caused to be made an application for the grant of a patent outside India in contravention of section 39];
(o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud;
4[(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention;
(q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.]
(2) For the purposes of clauses (e) and (f) of sub-section (1),--
(a) no account shall be taken of 5[personal document or secret trial or secret use]; and
(b) where the patent is for a process or for a product as made by a process described or claimed the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only.
(3) For the purpose of clause (l) of sub-section (1), no account shall be taken of any use of the invention--
(a) for the purpose of reasonable trial or experiment only; or
(b) by the Government or by any person authorised by the Government or by a Government undertaking, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly to the Government or person authorised as aforesaid or to the Government undertaking; or
(c) by any other person, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention, and without the consent or acquiescence of the applicant or of any person from whom he derives title.
(4) Without prejudice to the provisions contained in sub-section (1), a patent may be revoked by the High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has without reasonable cause failed to comply with the request of the Central Government to make, use or exercise the patented invention for the purposes of Government within the meaning of section 99 upon reasonable terms.
(5) A notice of any petition for revocation of a patent under this section shall be served on all persons appearing from the register to be proprietors of that patent or to have shares or interests therein and it shall not be necessary to serve a notice on any other person.
1. Subs. by s. 47, ibid., for certain words (w.e.f. 2-4-2007).
2. The words “by the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
3. The proviso omitted by Act 38 of 2002, s. 31 (w.e.f. 20-5-2003).
4. Ins. by Act 38 of 2002, s. 31 (w.e.f. 20-5-2003).
5. Subs. by s. 31, ibid., for secret use (w.e.f. 20-5-2003).
2. The words “by the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
3. The proviso omitted by Act 38 of 2002, s. 31 (w.e.f. 20-5-2003).
4. Ins. by Act 38 of 2002, s. 31 (w.e.f. 20-5-2003).
5. Subs. by s. 31, ibid., for secret use (w.e.f. 20-5-2003).
Section 65 Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.
1[[65. Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy.--(1)Where at any time after grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962), it may direct the Controller to revoke the patent, and thereupon the Controller, after giving notice, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may revoke the patent.
(2) In any proceedings under sub-section (1), the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent.]
(2) In any proceedings under sub-section (1), the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent.]
1. Subs. by Act 15 of 2005, s. 48, for section 65 (w.e.f. 1-1-2005).
Section 66 Revocation of patent in public interest.
Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.
Section 67 Register of patents and particulars to be entered therein.
(1) There shall be kept at the patent office a register of patents, wherein shall be entered--
(a) the names and addresses of grantees of patents;
(b) notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, an revocations of patents; and
(c) particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed.
(2) No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice.
(3) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller.
1[(4) Notwithstanding anything contained in sub-section (1),it shall be lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.
(5) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any officer duly authorised by the Controller in this behalf shall, in all legal proceedings, be admissible in evidence.
(6) In the event the register is kept wholly or partly in computer floppies, diskettes or any other electronic form,--
(a)reference in this Act to an entry in the register shall be deemed to include reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register;
(b)references in this Act to particulars being registered or entered in the register shall be deemed to include references to the keeping of record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form; and
(c) references in this Act to the rectification of the register are to be read as including references to the rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register.]
(a) the names and addresses of grantees of patents;
(b) notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, an revocations of patents; and
(c) particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed.
(2) No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice.
(3) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller.
1[(4) Notwithstanding anything contained in sub-section (1),it shall be lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.
(5) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any officer duly authorised by the Controller in this behalf shall, in all legal proceedings, be admissible in evidence.
(6) In the event the register is kept wholly or partly in computer floppies, diskettes or any other electronic form,--
(a)reference in this Act to an entry in the register shall be deemed to include reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register;
(b)references in this Act to particulars being registered or entered in the register shall be deemed to include references to the keeping of record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form; and
(c) references in this Act to the rectification of the register are to be read as including references to the rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register.]
1. Subs. by Act 38 of 2002, s. 32, for sub-section (4) (w.e.f. 20-5-2003).
Section 68 Assignments, etc., not to be valid unless in writing and duly executed.
1[68. Assignments, etc., not to be valid unless in writing and duly executed.--An assignment of a patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of a document embodying all the terms and conditions governing their rights and obligations and duly executed.]
1. Subs. by Act 15 of 2005, s. 49, for section 68 (w.e.f. 1-1-2005).
Section 69 Registration of assignments, transmissions, etc.
(1) Where any person becomes entitled by assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a mortgagee, licensee or otherwise to any other interest in a patent, he shall apply in writing in the prescribed manner to the Controller for the registration of his title or, as the case may be, of notice of his interest in the register.
(2) Without prejudice to the provisions of sub-section (1), an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be.
(3) Where an application is made under this section for the registration of the title of any person the Controller shall, upon proof of title to his satisfaction,--
(a) where that person is entitled to a patent or a share in a patent, register him in the register as proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument or event by which he derives title; or
(b) where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with particulars of the instrument, if any, creating it:
Provided that if there is any dispute between the parties whether the assignment, mortgage, licence, transmission, operation of law or any other such transaction has validly vested in such person a title to the patent or any share or interest therein, the Controller may refuse to take any action under clause (a) or, as the case may be, under clause (b), until the rights of the parties have been determined by a competent court.
(4) There shall be supplied to the Controller in the prescribed manner for being filed in the patent office copies of all agreements, licences and other documents affecting the title to any patent or any licence thereunder authenticated in the prescribed manner and also such other documents as may be prescribed relevant to the subject-matter:
Provided that in the case of a licence granted under a patent, the Controller shall, if so requested by the patentee or licensee, take steps for securing that the terms of the licence are not disclosed to any person except under the order of a court.
(5) Except for the purposes of an application under sub-section (1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted by the Controller or by any court as evidence of the title of any person to a patent or to a share or interest therein unless the Controller or the court, for reasons to be recorded in writing, otherwise directs.
(2) Without prejudice to the provisions of sub-section (1), an application for the registration of the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled by virtue of a mortgage, licence or other instrument to any other interest in a patent may be made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may be.
(3) Where an application is made under this section for the registration of the title of any person the Controller shall, upon proof of title to his satisfaction,--
(a) where that person is entitled to a patent or a share in a patent, register him in the register as proprietor or co-proprietor of the patent, and enter in the register particulars of the instrument or event by which he derives title; or
(b) where that person is entitled to any other interest in the patent, enter in the register notice of his interest, with particulars of the instrument, if any, creating it:
Provided that if there is any dispute between the parties whether the assignment, mortgage, licence, transmission, operation of law or any other such transaction has validly vested in such person a title to the patent or any share or interest therein, the Controller may refuse to take any action under clause (a) or, as the case may be, under clause (b), until the rights of the parties have been determined by a competent court.
(4) There shall be supplied to the Controller in the prescribed manner for being filed in the patent office copies of all agreements, licences and other documents affecting the title to any patent or any licence thereunder authenticated in the prescribed manner and also such other documents as may be prescribed relevant to the subject-matter:
Provided that in the case of a licence granted under a patent, the Controller shall, if so requested by the patentee or licensee, take steps for securing that the terms of the licence are not disclosed to any person except under the order of a court.
(5) Except for the purposes of an application under sub-section (1) or of an application to rectify the register, a document in respect of which no entry has been made in the register under sub-section (3) shall not be admitted by the Controller or by any court as evidence of the title of any person to a patent or to a share or interest therein unless the Controller or the court, for reasons to be recorded in writing, otherwise directs.
Section 70 Power of registered grantee or proprietor to deal with patent.
Subject to the provisions contained in this Act relating to co-ownership of patents and subject also to any rights vested in any other person of which notice is entered in the register, the person or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give effectual receipts for any consideration for any such assignment, licence or dealing:
Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property.
Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property.
Section 71 Rectification of register by Appellate Board.
71. Rectification of register by 1[Appellate Board].--(1) The 1[Appellate Board] may, on the application of any person aggrieved--
(a) by the absence or omission from the register of any entry; or
(b) by any entry made in the register without sufficient cause; or
(c) by any entry wrongly remaining on the register; or
(d) by any error or defect in any entry in the register,
make such order for the making, variation or deletion, of any entry therein as it may think fit.
(2) In any proceeding under this section the 1[Appellate Board] may decide any question that may be necessary or expedient to decide in connection with the rectification of the register.
(3) Notice of any application to the 1[Appellate Board] under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the 2[Board].
(4) Any order of the 1[Appellate Board] under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.
(a) by the absence or omission from the register of any entry; or
(b) by any entry made in the register without sufficient cause; or
(c) by any entry wrongly remaining on the register; or
(d) by any error or defect in any entry in the register,
make such order for the making, variation or deletion, of any entry therein as it may think fit.
(2) In any proceeding under this section the 1[Appellate Board] may decide any question that may be necessary or expedient to decide in connection with the rectification of the register.
(3) Notice of any application to the 1[Appellate Board] under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the 2[Board].
(4) Any order of the 1[Appellate Board] under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.
1. Subs. by Act 38 of 2002, s. 2, for "High Court" (w.e.f. 20-5-2003).
2. Subs. by s. 2, ibid., for "Court" (w.e.f. 20-5-2003).
2. Subs. by s. 2, ibid., for "Court" (w.e.f. 20-5-2003).
Section 72 Register to be open for inspection.
(1) Subject to the provisions contained in this Act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee.
(2) The register shall be prima facie evidence of any matters required or authorised by or under this Act to be entered therein.
1[(3) If the record of particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection.]
(2) The register shall be prima facie evidence of any matters required or authorised by or under this Act to be entered therein.
1[(3) If the record of particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection.]
1. Ins. by s. 34, ibid. (w.e.f. 20-5-2003).
Section 73 Controller and other officers.
(1) The Controller General of Patents, Designs and TradeMarks appointed under sub-section (1) of 1[section 3 of the Trade Marks Act, 1999 (47 of 1999)],shall be the Controller of Patents for the purposes of this Act.
(2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit.
(3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or special order in writing, authorise them to discharge.
(4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.
(2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit.
(3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or special order in writing, authorise them to discharge.
(4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.
1. Subs. by s. 35, ibid., for certain words (w.e.f. 20-5-2003).
Section 74 Patent office and its branches.
(1) For the purposes of this Act, there shall be an office which shall be known as the patent office.
1[(2) The Central Government may, by notification in the Official Gazette, specify the name of the Patent Office.]
(3) The head office of the patent office shall be at such place as the Central Government may specify, and for the purpose of facilitating, the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office.
(4) There shall be a seal of the patent office.
1[(2) The Central Government may, by notification in the Official Gazette, specify the name of the Patent Office.]
(3) The head office of the patent office shall be at such place as the Central Government may specify, and for the purpose of facilitating, the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office.
(4) There shall be a seal of the patent office.
1. Subs. by Act 15 of 2005, s. 50, for sub-section (2) (w.e.f. 1-1-2005).
Section 75 Restriction on employees of patent office as to right or interest in patents.
All officers and employees of the patents office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office.
Section 76 Officers and employees not to furnish information, etc.
An officer or employee in the patent office shall not, except when required or authorised by this Act or under a direction in writing of the 1[Central Government 2*** ] or the Controller or by order of a court,--
(a) furnish information on a matter which is being, or has been, or dealt with under this Act 3***;
(b) prepare or assist in the preparation of a document required or permitted by or under this Act 3*** to be lodged in the patent office; or
(c) conduct a search in the records of the patent office.
(a) furnish information on a matter which is being, or has been, or dealt with under this Act 3***;
(b) prepare or assist in the preparation of a document required or permitted by or under this Act 3*** to be lodged in the patent office; or
(c) conduct a search in the records of the patent office.
1. Subs. by Act 38 of 2002, s. 36, for Central Government (w.e.f. 20-5-2003).
2. The words “or Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
3. The words and figures or under the Indian Patents or Designs Act, 1911 (2 of 1911) omitted by s. 36, ibid. (w.e.f. 20-5-2003).
2. The words “or Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
3. The words and figures or under the Indian Patents or Designs Act, 1911 (2 of 1911) omitted by s. 36, ibid. (w.e.f. 20-5-2003).
Section 77 Controller to have certain powers of a civil court.
(1)Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court while trying a suit under the Code of Civil Procedure,1908 (5 of 1908), in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) awarding costs;
(f) reviewing his own decision on application made within the prescribed time and in the prescribed manner;
(g) setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner;
(h) any other matter which may be prescribed.
(2) Any order for costs awarded by the Controller in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court.
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) awarding costs;
(f) reviewing his own decision on application made within the prescribed time and in the prescribed manner;
(g) setting aside an order passed ex parte on application made within the prescribed time and in the prescribed manner;
(h) any other matter which may be prescribed.
(2) Any order for costs awarded by the Controller in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court.
Section 78 Power of Controller to correct clerical errors, etc.
(1)Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications 1[or other documents relating thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register.
(2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request.
(3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction.
(4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the Controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without notice to persons affected thereby, he shall require notice of the nature of the proposed correction to be 2[published] in the prescribed manner.
(5) Within the prescribed time after any 3[such publication] as aforesaid any person interested may give notice to the Controller of opposition to the request, and, where such notice of opposition is given, the Controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case.
(2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request.
(3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction.
(4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the Controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without notice to persons affected thereby, he shall require notice of the nature of the proposed correction to be 2[published] in the prescribed manner.
(5) Within the prescribed time after any 3[such publication] as aforesaid any person interested may give notice to the Controller of opposition to the request, and, where such notice of opposition is given, the Controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case.
1. Ins. by s. 37, ibid. (w.e.f. 20-5-2003).
2. Subs. by Act 15 of 2005, s. 51, for "advertised" (w.e.f. 1-1-2005).
3. Subs. by s. 51, ibid., for "such advertisement" (w.e.f. 1-1-2005).
2. Subs. by Act 15 of 2005, s. 51, for "advertised" (w.e.f. 1-1-2005).
3. Subs. by s. 51, ibid., for "such advertisement" (w.e.f. 1-1-2005).