CHAPTER XXIII – MISCELLANEOUS Section 140: Avoidance of certain restrictive conditions This section is vital for preventing the abuse of patent rights by patentees who might use their monopoly to impose unfair commercial conditions on licensees or purchasers. 140(1) Unlawful Contract Conditions It is unlawful to insert a condition into any contract (for sale, lease, […]
CHAPTER XXII – INTERNATIONAL ARRANGEMENTS Section 133: Convention Countries This section, the first in the Chapter on International Arrangements, defines which countries qualify for special, reciprocal treatment under the Indian Patents Act. Section 134: Notification as to countries not providing for reciprocity This section details the consequences for countries that are not recognized as Convention
Chapter XXI: Patent Agents This chapter establishes the rules for the profession of “Patent Agents”—the qualified specialists who are legally allowed to represent inventors before the Patent Office. Section 125: Register of patent agents. Section 126: Qualifications for Registration as Patent Agents This section explains the rigorous professional requirements an individual must meet to officially
Chapter XX: Penalties This chapter shifts from civil/administrative law to criminal offenses. These are actions that can lead to fines or imprisonment. 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”.
Chapter XIX: Appeals to the Appellate Board CRITICAL CONTEXT: The Abolition of the Appellate Board (IPAB) The sections in this Chapter describe the “Appellate Board” (the Intellectual Property Appellate Board, or IPAB), which was a special tribunal created to hear all appeals against the Patent Office. In 2021, the Indian government abolished the IPAB. Therefore,
Chapter XVIII: Suits Concerning Infringement of Patents Section 104: Jurisdiction. This section states which court has the power (jurisdiction) to hear a patent infringement lawsuit. Section 104A: Burden of proof in case of suits concerning infringement. This section deals with a specific problem: how do you prove someone is using your patented process if their
Chapter XVII: Use of Inventions For Purposes of Government and Acquisition of Inventions by Central Government This chapter gives the Indian government special powers to use any patented invention for its own needs and, in some cases, to take ownership of it entirely. Section 99: Meaning of use of invention for purposes of Government. This
Chapter XVI: Working of Patents, Compulsory Licences and Revocation Section 82: Definition of “patented articles” and “patentee”. This section provides special definitions that apply only to this chapter (Chapter XVI). Section 83: General principles applicable to working of patented inventions. This is a crucial section. It doesn’t set hard rules, but explains the philosophy and
CHAPTER XIV: PATENT OFFICE AND ITS ESTABLISHMENT This chapter outlines the official structure of the Patent Office itself. Section 73: Controller and other officers This section defines who is in charge of the Patent Office. Section 74: Patent office and its branches This section defines the physical (and legal) location of the Patent Office. Section
CHAPTER XIV: PATENT OFFICE AND ITS ESTABLISHMENT This chapter outlines the official structure of the Patent Office itself. Section 73: Controller and other officers This section defines who is in charge of the Patent Office. Section 74: Patent office and its branches This section defines the physical (and legal) location of the Patent Office. Section
