(1) Where a complete specification is filed or proceeded with in pursuance of an application which was accompanied by a provisional specification or where a complete specification filed along with an application is treated by virtue of a direction under sub-section

(3) of section 9 as a provisional specification, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter described in the provisional specification or in the specification treated as aforesaid as a provisional specification was used in India or published in India or elsewhere at any time after the date of the filing of that specification. 1. Subs. by Act 15 of 2005, s. 26, for “not later than six months” (w.e.f. 1-1-2005). 24

(2) Where a complete specification is filed in pursuance of a convention application, then, notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the patent shall not be revoked or invalidated, by reason only that any matter disclosed in any application for protection in a convention country upon which the convention application is founded was used in India or published in India or elsewhere at any time after the date of that application for protection. 34. No anticipation if circumstances are only as described in sections 29, 30, 31 and 32.—Notwithstanding anything contained in this Act, the Controller shall not refuse 1*** to grant a patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by virtue of section 29 or section 30 or section 31 or section 32, do not constitute an anticipation of the invention claimed in the specification. CHAPTER VII PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS 35. Secrecy directions relating to inventions relevant for defence purposes.—

(1) Where, in respect of an application made before or after the commencement of this Act for a patent, it appears to the Controller that the invention is one of a class notified to him by the Central Government as relevant for defence purposes, or, where otherwise the invention appears to him to be so relevant, he may give directions for prohibiting or restricting the publication of information with respect to the invention or the communication of such information 2***.

(2) Where the Controller gives any such directions as are referred to in sub-section

(1), he shall give notice of the application and of the directions to the Central Government, and the Central Government shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial to the defence of India, and if upon such consideration, it appears to it that the publication of the invention would not so prejudice, give notice to the Controller to that effect, who shall thereupon revoke the directions and notify the applicant accordingly.

(3) Without prejudice to the provisions contained in sub-section

(1), where the Central Government is of opinion that an invention in respect of which the Controller has not given any directions under sub-section

(1), is relevant for defence purposes, it may at any time before 3[grant of patent] notify the Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention were one of the class notified by the Central Government, and accordingly the Controller shall give notice to the Central Government of the directions issued by him. 36. Secrecy directions to be periodically reviewed.—4[

(1) The question whether an invention in respect of which directions have been given under section 35 continues to be relevant for defence purposes shall be reconsidered by the Central Government at intervals of 5[six months] or on a request made by the applicant which is found to be reasonable by the Controller and if, on such reconsideration it appears to the Central Government that the publication of the invention would no longer be prejudicial to the defence of India or in case of an application filed by a foreign applicant it is found that the invention is published outside India it shall forthwith give notice to the Controller to revoke the direction and the Controllers shall thereupon revoke the directions previously given by him.]

(2) The result of every re-consideration under sub-section

(1), shall be communicated to the applicant within such time and in such manner as may be prescribed. 37. Consequences of secrecy directions.—

(1) So long as any directions under section 35 are in force in respect of an application—

(1) (w.e.f. 20-5-2003). 5 Subs. by Act 15 of 2005, s. 29, for “twelve months” (w.e.f. 1-1-2005). 6. Subs. by s. 30, ibid., for “to accept” (w.e.f. 1-1-2005). 25

(2) Where a complete specification filed in pursuance of an application for a patent for an invention in respect of which directions have been given under section 35 2[is found to be in order for grant of the patent] during the continuance in force of the directions, then—

(3) Where a patent is granted in pursuance of an application in respect of which directions have been given under section 35, no renewal fee shall be payable in respect of any period during which those directions were in force. 38. Revocation of secrecy directions and extension of time.—When any direction given under section 35 is revoked by the Controller, then, notwithstanding any provision of this Act specifying the time within which any step should be taken or any act done in connection with an application for the patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application, whether or not that time has previously expired. 3 [39. Residents not to apply for patents outside India without prior permission.—

(1) No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless—

(1) of section 35 in relation to the application in India, or all such directions have been revoked.

(2) The Controller shall dispose of every such application within such period as may be prescribed:

(3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.] 1. Subs. by Act 15 of 2005, s. 30, for the proviso (w.e.f. 1-1-2005). 2. Subs. by s. 30, ibid., for “is accepted” (w.e.f. 1-1-2005). 3. Subs by s. 31, ibid., for section 39 (w.e.f. 1-1-2005). 26 40. Liability for contravention of section 35 or section 39.—Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 1[or makes or causes to be made an application for grant of a patent outside India in contravention of section 39], or the application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64. 41. Finality of orders of Controller and Central Government.—All orders of the Controller giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be final and shall not be called in question in any court on any ground whatsoever. 42. Savings respecting disclosure to Government.—Nothing in this Act shall be held to prevent the disclosure by the Controller of information concerning an application for a patent or a specification filed in pursuance thereof to the Central Government for the purpose of the application or specification being examined for considering whether an order under this Chapter should be made or whether an order so made should be revoked. CHAPTER VIII 2 [GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY] 3 [43. Grant of patents.—

(1) Where an application for a patent has been found to be in order for grant of the patent and either—

(2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection.] 44. Amendment of patent granted to deceased applicant.—Where, at any time after a patent has been 4[granted] in pursuance of an application under this Act, the Controller is satisfied that the person to whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the patent was 4[granted], the Controller may amend the patent by substituting for the name of that person the name of the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be deemed always to have had effect, accordingly. 45. Date of patent.—5[

(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.]

(2) The date of every patent shall be entered in the register.

(3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before 6[the date of publication of the application]. 1. Ins. by Act 38 of 2002, s. 22 (w.e.f. 20-5-2003). 2. Subs. by Act 15 of 2005, s. 32, for Chapter Heading (w.e.f. 1-1-2005). 3. Subs. by s. 33, ibid., for section 43 (w.e.f. 1-1-2005). 4. Subs. by s. 34, ibid., for “sealed” (w.e.f. 1-1-2005). 5. Subs. by Act 38 of 2002, s. 24, for sub-section

(1) (we.f. 20-5-2003). 6. Subs. by Act 15 of 2005, s. 35, for certain words (we.f. 1-1-2005). 27 46. Form, extent and effect of patent.—

(1) Every patent shall be in the prescribed form and shall have effect throughout India.

(2) A patent shall be granted for one invention only:

(1) any machine, apparatus or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the Government for the purpose merely of its own use;

(2) any process in respect of which the patent is granted may be used by or on behalf of the Government for the purpose merely of its own use;

(3) any machine, apparatus or other article in respect of which the patent is granted or any article made by the use of the process in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils; and

(4) in the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the Official Gazette. 1 [48. Rights of patentees.—Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee—

(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention—

(2) This section shall not extend to vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts. 1. Subs. by Act 38 of 2002, s. 25, for section 48 (w.e.f. 20-5-2003). 2. The proviso omitted by Act 15 of 2005, s. 36 (w.e.f. 1-1-2005). 28 50. Rights of co-owners of patents.—

(1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent.

(2) Subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, to 1[the rights conferred by section 48] for his own benefit without accounting to the other person or persons.

(3) Subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under the patent shall not be granted and a share in the patent shall not be assigned by one of such persons except with the consent of the other person or persons.

(4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee.

(5) Subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing contained in sub-section

(1) or sub-section

(2) shall affect the mutual rights or obligations of trustees or of the legal representatives of a deceased person or their rights or obligations as such.

(6) Nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this Act. 51. Power of Controller to give directions to co-owners.—

(1) Where two or more persons are registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the prescribed manner by any of those persons, give such directions in accordance with the application as to the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise of any right under section 50 in relation thereto, as he thinks fit.

(2) If any person registered as grantee or proprietor of a patent fails to execute any instrument or to do any other thing required for the carrying out of any direction given under this section within fourteen days after being requested in writing so to do by any of the other persons so registered, the Controller may, upon application made to him in the prescribed manner by any such other person, give directions empowering any person to execute that instrument or to do that thing in the name and on behalf of the person in default.

(3) Before giving any directions in pursuance of an application under this section, the Controller shall give an opportunity to be heard—

(1), to the other person or persons registered as grantee or proprietor of the patent;

(2), to the person in default.

(4) No direction shall be given under this section so as to affect the mutual rights or obligation of trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor of the patent. 1. Subs. by Act 38 of 2002, s. 26, for “make, use, exercise and sell the patented invention” (w.e.f. 20-5-2003). 29 52. Grant of patent to true and first inventor where it has been obtained by another in fraud of him.—

(1) 1[Where the patent has been revoked under section 64] on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the 2[ 3*** court], instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the 2[ 3*** court] may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the 2[ 3*** court] finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment.

(2) Where any such order is passed, the Controller shall, on request by the petitioner made in the prescribed manner grant to him:—

(3) No suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted. 53. Term of patent.—4[

(1) Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filing of the application for the patent.] 5 [Explanation.—For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty.]

(2) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period 6[or within such extended period as may be prescribed]. 7 * * * * * 8 [

(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection.] CHAPTER IX PATENTS OF ADDITION 54. Patents of addition.—

(1) Subject to the provisions contained in this section, where an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed therefor (in this Act referred to as the “main invention”) and the applicant also applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller may, if the applicant so requests, grant the patent for the improvement or modification as a patent of addition. 1. Subs. by Act 15 of 2005, s. 37, for “Where a patent has been revoked” (w.e.f. 1-1-2005). 2. Subs. by s. 37, ibid., for “court” (w.e.f. 2-4-2007). 3. The word “Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 4. Subs. by Act 38 of 2002, s. 27, for sub-section

(1) (w.e.f. 20-5-2003). 5. The Explanation ins. by Act 15 of 2005, s. 38 (w.e.f. 1-1-2005). 6. Subs. by s. 38, ibid., for “or within that period as extended under this section” (w.e.f. 1-1-2005). 7. Sub-section

(3) omitted by s. 38, ibid. (w.e.f. 1-1-2005). 8. Ins. by Act 38 of 2002, s. 27 (w.e.f. 20-5-2003). 30

(2) Subject to the provisions contained in this section, where an invention, being an improvement in or modification of another invention, is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention, the Controller may, if the patentee so requests, by order, revoke the patent for the improvement or modification and grant to the patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked.

(3) A patent shall not be granted as a patent of addition unless the date of filing of the 1[application] was the same as or later than the date of filing of the 1[application] in respect of the main invention. 2 [

(4) A patent of addition shall not be granted before grant of the patent for the main invention]. 55. Term of patents of addition.—

(1) A patent of addition shall be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired, and shall remain in force during that term or until the previous cesser of the patent for the main invention and no longer:

(2) No renewal fees shall be payable in respect of a patent of addition, but, if any such patent becomes an independent patent under sub-section

(1), the same fees shall thereafter be payable, upon the same dates, as if the patent had been originally granted as an independent patent. 56. Validity of patents of addition.—

(1) The grant of a patent of addition shall not be refused, and a patent granted as a patent of addition shall not be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to any publication or use of—

(2) For the removal of doubts it is hereby declared that in determining the novelty of the invention claimed in the complete specification filed in pursuance of an application for a patent of addition regard shall be had also to the complete specification in which the main invention is described. CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS 57. Amendment of application and specification before Controller.—

(1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification 3[or any document relating thereto] to be amended subject to such conditions, if any, as the Controller thinks fit: