The Patents Act, 1970
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 116 Appellate Board.
1[116. Appellate Board.--(1) Subject to the provisions of this Act, the Appellate Board established under section 83 of the Trade Marks Act, 1999 (47 of 1999) shall be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction, power and authority conferred on it by or under this Act:
Provided that the Technical Member of the Appellate Board for the purposes of this Act shall have the qualifications specified in sub-section (2).
(2) A person shall not be qualified for appointment as a Technical Member for the purposes of this Act unless he--
(a) has, at least five years, held the post of Controller under this Act or has exercised the functions of the Controller under this Act for at least five years; or
(b) has been for at least ten years, functioned as a Registered Patent Agent and possesses a degree in engineering or technology or a masters degree in science from any University established under law for the time being in force or equivalent;
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Provided that the Technical Member of the Appellate Board for the purposes of this Act shall have the qualifications specified in sub-section (2).
(2) A person shall not be qualified for appointment as a Technical Member for the purposes of this Act unless he--
(a) has, at least five years, held the post of Controller under this Act or has exercised the functions of the Controller under this Act for at least five years; or
(b) has been for at least ten years, functioned as a Registered Patent Agent and possesses a degree in engineering or technology or a masters degree in science from any University established under law for the time being in force or equivalent;
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1. Subs. by Act 38 of 2002, s. 47, for Chapter XIX (w.e.f. 20-5-2003).
2. Clause (c) omitted by Act 15 of 2005, s. 60 (w.e.f. 2-4-2007).
2. Clause (c) omitted by Act 15 of 2005, s. 60 (w.e.f. 2-4-2007).
Section 117 Staff of Appellate Board.
117. Staff of Appellate Board. Omitted by s. 13, ibid. (w.e.f. 4-4-2021).
Section 117A Appeals to Appellate Board.
(1) Save as otherwise expressly provided in sub-section (2), no appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government, or from any act or order of the Controller for the purpose of giving effect to any such decision, order or direction.
(2) An appeal shall lie to the 1*** from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19,2[section 20, sub-section (4) of section 25, section 28], section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94.
(3) Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed.
(4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the Appellate Board may, in accordance with the rules made by it, allow.
(2) An appeal shall lie to the 1*** from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19,2[section 20, sub-section (4) of section 25, section 28], section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94.
(3) Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed.
(4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the Appellate Board may, in accordance with the rules made by it, allow.
1. Subs. by s. 13, ibid., for “Appellate Board” (w.e.f. 4-4-2021). 1. Subs. by s. 61, ibid., for section 20, section 25, section 27, section 28 (w.e.f. 2-4-2007).
Section 117B Procedure and powers of Appellate Board.
117B. Procedure and powers of Appellate Board. Omitted by the Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021).
Section 117C Bar of jurisdiction of courts, etc.
No court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-section (2) of section 117A or section 117D.
Section 117D Procedure for application for rectification, etc., before Appellate Board.
117D. Procedure for application for rectification, etc., before Appellate Board. Omitted by the Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021).
Section 117E Appearance of Controller in legal proceedings.
(1) The Controller shall have the right to appear and be heard--
(a) in any legal proceedings before the 1[High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised;
(b) in any appeal to the 1[High Court] from an order of the Controller on an application for grant of a patent--
(i) which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or
(ii) which has been opposed and the Controller considers that his appearance is necessary in the public interest,
and the Controller shall appear in any case if so directed by the 1[High Court].
(2) Unless the 1[High Court] otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding.
(a) in any legal proceedings before the 1[High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised;
(b) in any appeal to the 1[High Court] from an order of the Controller on an application for grant of a patent--
(i) which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or
(ii) which has been opposed and the Controller considers that his appearance is necessary in the public interest,
and the Controller shall appear in any case if so directed by the 1[High Court].
(2) Unless the 1[High Court] otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding.
1. Subs. by Act 33 of 2021, s. 13, for “Appellate Board” (w.e.f. 4-4-2021).
Section 117F Costs of Controller in proceedings before Appellate Board.
117F. Costs of Controller in proceedings before Appellate Board.@/i2 Omitted by the Tribunal Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021).
Section 117G Transfer of pending proceedings to Appellate Board.
117G. Transfer of pending proceedings to Appellate Board. Omitted by s. 13, ibid. (w.e.f. 4-4- 2021).
Section 117H Power of Appellate Board to make rules.
@117H. Power of Appellate Board to make rules. Omitted by s. 13, ibid. (w.e.f. 4-4-2021).
Section 118 Contravention of Secrecy provisions relating to certain inventions.
If any person fails to comply with any direction given under section 35 1[or makes or causes to be made an application for the grant of a patent in contravention of section 39], he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
1. Ins. by Act 38 of 2002, s. 48 (w.e.f. 20-5-2003).
Section 119 Falsification of entries in register, etc.
If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both.
Section 120 Unauthorised claim of patent rights.
If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be punishable with fine which may extend to 1[one lakh rupees].
Explanation l.--For the purposes of this section, a person shall be deemed to represent--
(a) that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India;
(b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in India.
Explanation 2.--The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India.
Explanation l.--For the purposes of this section, a person shall be deemed to represent--
(a) that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India;
(b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in India.
Explanation 2.--The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India.
1. Subs. by Act 15 of 2005, s. 64, for "ten thousand rupees" (w.e.f. 1-1-2005).
Section 121 Omitted.
If any person uses on his place of business or any document issued by him or otherwise the words "patent office" or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the patent office, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
Section 122 Refusal or failure to supply information.
(1) If any person refuses or fails to furnish:--
(a) to the Central Government any information which he is required to furnish under sub-section (5) of section 100;
(b) to the Controller any information or statement which he is required to furnish by or under section 146,
he shall be punishable with fine which may extend to 1[ten lakh rupees].
(2) If any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
(a) to the Central Government any information which he is required to furnish under sub-section (5) of section 100;
(b) to the Controller any information or statement which he is required to furnish by or under section 146,
he shall be punishable with fine which may extend to 1[ten lakh rupees].
(2) If any person, being required to furnish any such information as is referred to in sub-section (1), furnishes information or statement which is false, and which he either knows or has reason to believe to be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
1. Subs. by s. 65, ibid., for "twenty thousand rupees" (w.e.f. 1-1-2005).
Section 123 Practice by non-registered patent agents.
If any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to 1[one lakh rupees in the case of a first offence and five lakh rupees] in the case of a second or subsequent offence.
1. Subs. by Act 15 of 2005, s. 66, for "ten thousand rupees in the case of a first offence and forty thousand rupees" (w.e.f. 1-1-2005).
Section 124 Offences by companies.
(1)If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 124A Adjudication of penalties.
No text is published for this section.
Section 124B Appeal.
No text is published for this section.
Section 125 Register of patent agents.
1[125. Register of patent agents.--(1) The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.]
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.]
1. Subs. by Act 38 of 2002, s. 52, for section 125 (w.e.f. 20-5-2003).