CHAPTER XIII: REGISTER OF PATENTS This chapter establishes the single, official record of all patents and patent ownership in India. Think of it as the “Land Registry” or “DMV” for inventions. Section 67: Register of patents and particulars to be entered therein Section 68: Assignments, etc., not to be valid unless in writing and duly […]
CHAPTER XII: SURRENDER AND REVOCATION OF PATENTS Section 63: Surrender of patents This section explains how to voluntarily give up your patent. Section 64: Revocation of patents This is one of the most important sections in the entire Act. It lists all the legal reasons (grounds) why a patent can be cancelled (revoked) by the
CHAPTER XI: RESTORATION OF LAPSED PATENTS This chapter provides a way to save your patent if you’ve failed to pay the renewal fees. Section 60: Applications for restorations of lapsed patents Section 61: Procedure for disposal of applications for restoration of lapsed patents This section explains what happens after you file your application (under Sec.
CHAPTER X: AMENDMENT OF APPLICATIONS AND SPECIFICATIONS This chapter explains how and when you can change your patent documents after you’ve filed them. Section 57: Amendment of application and specification… before Controller Section 58: Amendment of specification before High Court This section deals with amendments during a court case. Section 59: Supplementary provisions as to
CHAPTER IX: PATENTS OF ADDITION This chapter introduces a special, useful type of patent for when you improve your own invention. Section 54: Patents of addition Section 55: Term of patents of addition Section 56: Validity of patents of addition This section explains the special legal protection given to a Patent of Addition, which is
CHAPTER VIII: GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY This chapter explains what happens when all the examination and opposition hurdles are cleared and your invention is finally ready to become a patent. Section 43: Grant of patents Section 44: Amendment of patent granted to deceased applicant This section is a “fix-it” rule for a
CHAPTER VII: PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS This chapter deals with inventions that are important for national security. Section 35: Secrecy directions relating to inventions relevant for defence purposes Section 36: Secrecy directions to be periodically reviewed This section ensures that a secrecy order isn’t permanent. It forces the government to re-evaluate the secrecy.
CHAPTER VI: ANTICIPATION This chapter defines what “Anticipation” (i.e., not being new) means and, more importantly, what it doesn’t mean. These sections are “grace provisions” that can save an application from being rejected for prior art. Section 29: Anticipation by previous publication Section 30: Anticipation by previous communication to Government Section 31: Anticipation by public
Section 25: Opposition proceedings to grant of patents This is one of the most important sections in the Act. It provides two “windows” for the public to challenge a patent. (1) Pre-Grant Opposition This is the first window, which happens before the patent is granted. The opposition must be based on one of the following
CHAPTER IV: PUBLICATION AND EXAMINATION OF APPLICATIONS This chapter explains what happens to your application during the long “waiting period” (which can be several years) between filing and being granted. Section 11A: Publication of applications Section 11B: Request for examination This is a critical, deadline-driven step. Filing your application does not mean it will be
