Indian Patent Act and Rules
Chapter III – Applications for Patents
Section 7 – Form of application
Section 8 – Information and undertaking regarding foreign applications
Section 9 – Provisional and complete specifications
Section 10 – Contents of specifications
Section 11 – Priority dates of claims of a complete specification
Chapter IV – Publication and Examination of Applications
Section 11B – Request for examination
Section 12 – Examination of application
Section 13 – Search for anticipation by previous publication and by prior claim
Section 14 – Consideration of the report of examiner by Controller
Section 15 – Power of Controller to refuse or require amended applications, etc., in certain case
Section 16 – Power of Controller to make orders respecting division of application
Section 17 – Power of Controller to make orders respecting dating of application
Section 18 – Powers of Controller in cases of anticipation
Section 19 – Powers of Controller in case of potential infringement
Section 20 – Powers of Controller to make orders regarding substitution of applicants, etc
Section 21 – Time for putting application in order for grant
Section 22 – Acceptance of complete specification
Section 23 – Advertisement of acceptance of complete specification
Section 24 – Effect of acceptance of complete specification
Chapter IVA – Exclusive Marketing Rights (Omitted)
Chapter V – Opposition Proceedings to Grant of Patents
Section 26 – In cases of “obtaining” Controller may treat the patent as the patent of opponent
Section 27 – Refusal to patent without opposition
Section 28 – Mention of inventor as such in patent
Chapter VI – Anticipation
Section 30 – Anticipation by previous communication to Government
Section 31 – Anticipation by public display, etc
Section 32 – Anticipation by public working
Section 33 – Anticipation by use and publication after provisional Specification
Section 34 – No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
Chapter VII – Provisions for Secrecy of Certain Inventions
Section 36 – Secrecy directions to be periodically reviewed
Section 37 – Consequences of secrecy directions
Section 38 – Revocation of secrecy directions and extension of time
Section 39 – Residents not to apply for patents outside India without prior permission
Section 40 – Liability for contravention of section 35 or section 39
Section 41 – Finality of orders of Controller and Central Government
Section 42 – Savings respecting disclosure to Government
Chapter VIII – Grant of Patents and Rights conferred thereby
Section 44 – Amendment of patent granted to deceased applicant
Section 45 – Date of patent
Section 46 – Form, extent and effect of patent
Section 47 – Grant of patents to be subject to certain conditions
Section 48 – Rights of patentees
Section 49 – Patent rights not infringed when used on foreign vessels etc., temporarily or accidentally in India
Section 50 – Rights of co-owners of patents
Section 51 – Power of Controller to give directions to co-owners
Section 52 – Grant of patent to true and first inventor where it has been obtained by another in fraud of him
Section 53 – Term of patent
Chapter IX – Patents of Addition
Section 55 – Term of patents of addition
Section 56 – Validity of patents of addition
Chapter X – Amendment of Applications and Specification
Section 58 – Amendment of specification before Appellate Board or High Court
Section 59 – Supplementary provisions as to amendment of application or specification
Chapter XI – Restoration of Lapsed Patents
Section 61 – Procedure for disposal of applications for restoration of lapsed patents
Section 62 – Rights of patentees of lapsed patents which have been restored
Chapter XII – Surrender and Revocation of Patents
Section 64 – Revocation of patents
Section 65 – Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
Section 66 – Revocation of patent in public interest
Chapter XIII – Register of Patents
Section 68 – Assignments, etc., not to be valid unless in writing and duly executed
Section 69 – Registration of assignments, transmissions, etc
Section 70 – Power of registered grantee or proprietor to deal with patent
Section 71 – Rectification of register by Appellate Board
Section 72 – Register to be open for inspection
Chapter XIV – Patent Office and Its Establishment
Section 74 – Patent office and its branches
Section 75 – Restriction on employees of patent office as to right or interest in patents
Section 76 – Officers and employees not to furnish information, etc
Chapter XV – Powers of Controller Generally
Section 78 – Power of Controller to correct clerical errors etc
Section 79 – Evidence how to be given and powers of Controller in respect thereof
Section 80 – Exercise of discretionary powers by Controller
Section 81 – Disposal by Controller of applications for extension of time
Chapter XVI – Working of Patents, Compulsory Licences and Revocation
Section 83 – General principles applicable to working of patented inventions
Section 84 – Compulsory licences
Section 85 – Revocation of patents by the Controller for non-working
Section 86 – Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
Section 87 – Procedure for dealing with applications under sections 84 and 85
Section 88 – Powers of Controller in granting compulsory licences
Section 89 – General purposes for granting compulsory licences
Section 90 – Terms and conditions of compulsory licences
Section 91 – Licensing of related patents
Section 92 – Special provision for compulsory licences on notifications by Central Government
Section 93 – Order for licence to operate as a deed between parties concerned
Section 94 – Termination of compulsory licence
Section 95-98 – [Omitted by the Patents (Amendment) Act, 2002]
Chapter XVII – Use of Inventions For Purposes of Government and Acquisition of Inventions by Central Government
Section 100 – Power of Central Government to use inventions for purposes of Government
Section 101 – Rights of third parties in respect of use of invention for purposes of Government
Section 102 – Acquisition of inventions and patents by the Central Government
Section 103 – Reference to High Court of disputes as to use for purposes of Government
Chapter XVIII – Suits Concerning Infringement of Patents
Section 105 – Power of court to make declaration as to non-infringement
Section 106 – Power of court to grant relief in cases of groundless threats of infringement proceedings
Section 107 – Defences, etc., in suits for infringement
Section 108 – Reliefs in suit for infringement
Section 109 – Right of exclusive licensee to take proceedings against infringement
Section 110 – Right of licensee under section 84 to take proceedings against infringement
Section 111 – Restriction on power of court to grant damages or account of profits for infringement
Section 112 – Restriction on power of court to grant injunction in certain cases
Section 113 – Certificate of validity of specification and costs of subsequent suits for infringement thereof
Section 114 – Relief for infringement of partially valid specification
Section 115 – Scientific advisers
Chapter XIX – Appeals to the Appellate Board
Chapter XX – Penalties to the Appellate Board
Section 118 – Contravention of secrecy provisions relating to certain inventions
Section 119 – Falsification of entries in register, etc
Section 120 – Unauthorised claim of patent rights
Section 121 – Wrongful use of words “patent office”
Section 122 – Refusal or failure to supply information
Section 123 – Practice by non-registered patent agents
Section 124 – Offences by companies
Chapter XXI – Patent Agents
Section 126 – Qualifications for registration as patent agents
Section 127 – Rights of patent agents
Section 128 – Subscription and verification of certain documents by patent agents
Section 129 – Restrictions on practice as patent agents
Section 130 – Removal from register of patent agents and restoration
Section 131 – Power of Controller to refuse to deal with certain agents
Section 132 – Savings in respect of other persons authorised to act as agents
Chapter XXII – International Arrangements
Section 134 – Notification as to countries not providing for reciprocity
Section 135 – Convention applications
Section 136 – Special provisions relating to convention application
Section 137 – Multiple priorities
Section 138 – Supplementary provisions as to convention applications
Section 139 – Other provisions of Act to apply to convention applications
Chapter XXIII – Miscellaneous
Section 141 – Determination of certain contracts
Section 142 – Fees
Section 143 – Restrictions upon publication of specification
Section 144 – Reports of examiners to be confidential
Section 145 – Publication of official journal
Section 146 – Power of Controller to call for information from patentees
Section 147 – Evidence of entries, documents, etc
Section 148 – Declaration by infant, lunatic etc
Section 149 – Service of notices, etc., by post
Section 150 – Security for costs
Section 151 – Transmission of orders of courts to Controller
Section 152 – Transmission of copies of specifications, etc., and inspection thereof
Section 153 – Information relating to patents
Section 154 – Loss or destruction of patents
Section 155 – Reports of Controller to be placed before Parliament
Section 156 – Patent to bind Government
Section 157 – Right of Government to sell or use forfeited articles
Section 158 – Power of High Courts to make rules
Section 159 – Power of Central Government to make rules
Section 160 – Rules to be placed before Parliament
Section 161 – Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911
Section 162 – Repeal of Act 2 of 1911 in so far as it relates to patents and savings
Section 163 – Amendment of Act 43 of 1958
Chapter II – Application for Patents
Rule 11 – Order of recording applications
Rule 12 – Statement and undertaking regarding foreign applications
Rule 13 – Specifications
Rule 14 – Amendments to specifications
Rule 15 – Drawings
Rule 16 – Models
Chapter III – International Applications under Patent Cooperation Treaty (PCT)
Rule 17 – Definitions
Rule 18 – Appropriate office in relation to international applications
Rule 19 – International applications filed with appropriate office as receiving office
Rule 20 – International applications designating or designating and electing India
Rule 21 – Filing of priority document
Rule 22 – Effect of non-compliance with certain requirements
Rule 23 – The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty
Chapter IV – Publication and Examination of Applications
Rule 24-A – Request for publication
Rule 24-B – Examination of application
Rule 24-C – Expedited examination of applications
Rule 25 – Identification of published applications
Rule 26 – Request for withdrawal
Rule 27 – Inspection and supply of published documents
Rule 28 – Procedure in case of anticipation by prior publication
Rule 29 – Procedure in case of anticipation by prior claiming
Rule 30 – Amendment of the complete specification in case of anticipation
Rule 31 – Form of reference to another specification
Rule 32 – Procedure in case of potential infringement
Rule 33 – Form of reference to another patent
Rule 34 – Manner in which a claim under section 20(1) shall be made
Rule 35 – Manner in which a request may be made under section 20(4)
Rule 36 – Manner of application under section 20(5)
Rule 37 – Numbering of applications on the grant of patent
Rule 38 – [Omitted by Patents (Amendment) Rules, 2005]
Chapter V – Exclusive Marketing Rights (Omitted)
Chapter VI – Opposition Proceedings to Grant of Patents
Rule 55 – Opposition to the patent
Rule 56 – Constitution of Opposition Board and its proceeding
Rule 57 – Filing of written statement of opposition and evidence
Rule 58 – Filing of reply statement and evidence
Rule 59 – Filing of reply evidence by opponent
Rule 60 – Further evidence to be left with the leave of the Controller
Rule 61 – Copies of documents to be supplied
Rule 62 – Hearing
Rule 63 – Determination of costs
Rule 64 & 65 – [Omitted by Patents (Amendment) Rules, 2005]
Rule 66 – Form of making a request under section 28(2)
Rule 67 – Form of making a claim under section 28(3)
Rule 68 – Form of application to be made under section 28(7)
Rule 69 – Procedure for the hearing of claim or an application under section 28
Rule 70 – Mention of inventor
Chapter VIII – Grant of Patents
Rule 74 – Form of patent
Rule 75 – Amendment of patent under section 44
Rule 76 – Manner of applying for direction under section 51(1)
Rule 77 – Manner of application under section 51(2)
Rule 78 – Procedure for the hearing of proceedings under section 51
Rule 79 – Request under section 52(2)
Rule 80 – Renewal fees under section 53
Chapter XI Surrender of Patents
Rule 87 – Surrender of Patents
Chapter XII Register of Patents
Rule 89 – [Omitted by Patents (Amendment) Rules, 2005]
Rule 90 – Registration of title and interest in patents
Rule 91 – Presentation of assignment, etc., of patent to Controller
Rule 92 – Registration of title or interest in a patent
Rule 93 – Entry of renewal fee
Rule 94 – Alteration of address
Rule 95 – Inspection of register of patents under section 72 and fees payable therefor
Chapter XIII Compulsory Licence and Revocation of Patent
Rule 97 – When a prima facie case is not made out
Rule 98 – Notice of opposition under section 87(2)
Rule 99 – Manner of publication of the revocation order
Rule 100 – Application under section 88(4)
Rule 101 – Procedure to be followed in case of applications under section 88(4)
Rule 102 – Application for termination of compulsory licence under section 94
Chapter XIV Scientific Advisers
Chapter XV Patent Agents
Rule 109 – Application for registration of patent agents
Rule 110 – Particulars of the qualifying examination for patent agents
Rule 111 – Registration of patent agents
Rule 112 – Details to be included in an application for the registration of a patent agent
Rule 113 – Registration of patent agents under section 126 (2)
Rule 114 – Disqualifications for registration as a patent agent
Rule 115 – Payment of fees
Rule 116 – Removal of a name from the register of patent agents
Rule 117 – Restoration of name of persons removed from the register of patent agents
Rule 118 – Alteration of names, etc., in the register of patent agents
Rule 119 – Refusal to recognise as patent agent
Rule 120 – Publication of the names of patent agents, registered under the Act
Chapter XVI Miscellaneous
Rule 122 – Correction of clerical errors
Rule 123 – Manner of advertisement of the proposed correction of any error
Rule 124 – Manner and time of opposition to the making of corrections
Rule 125 – Notification of corrections
Rule 126 – Form, etc., of affidavits
Rule 127 – Exhibits
Rule 128 – Directions not otherwise prescribed
Rule 129 – Exercise of discretionary power by the Controller
Rule 130 – Application for review of decisions or setting aside of orders of the Controller
Rule 131 – Form and manner in which statements required under section 146(2) to be furnished
Rule 132 – Form of application for the issue of a duplicate patent
Rule 133 – Supply of certified copies and certificates under sections 72 and 147
Rule 134 – Request for information under section 153
Rule 135 – Agency
Rule 136 – Scale of costs
Rule 137 – Powers of Controller generally
Rule 138 – Power to extend time prescribed
Rule 139 – Hearing before the Controller to be in public in certain cases