THE PATENTS ACT, 1970 (39 of 1970)
An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:—
- Short Title, Extent and Commencement.
(1) This Act may be called the Patents Act, 1970.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions and interpretation.—
(1) In this Act, unless the context otherwise requires,
— (a) “Appellate Board” means the Appellate Board referred to in section 116;
(ab) “assignee” includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person;
(aba) “Budapest Treaty” means the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure done at Budapest on 28th day of April, 1977, as amended and modified from time to time;
(ac) “capable of industrial application”, in relation to an invention, means that the invention is capable of being made or used in an industry;
(b) “Controller” means the Controller General of Patents, Designs and Trade Marks referred to in section 73;
(c) “convention application” means an application for a patent made by virtue of section 135;
(d) “convention country” means a country or a country which is member of a group of countries or a union of countries or an Intergovernmental organization referred to as a convention country in section 133;
(e) “district court” has the meaning assigned to that expression by the Code of Civil Procedure, 1908 (5 of 1908);
(f) “exclusive licence” means a licence from a patentee which confers on the licensee, on the licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), any right in respect of the patented invention, and exclusive licensee shall be construed accordingly.
(g) Omitted by the Patents (Amendment) Act, 2005.