The Patents Act, 1970
Governs grant of patents in India — patentable subject-matter, application, examination, opposition, infringement, compulsory licensing.
- Sections
- 162
- Chapters
- 23
- Tier
- Tier 3
In one line
What this Act says
Grants a 20-year monopoly on a true invention in exchange for full public disclosure — and lists what cannot be patented (e.g., software per se, business methods).
Penalties
What happens if you break it
Contravention of secrecy directions (national security inventions)
§118Imprisonment up to 2 years and/or fine.
Falsification of entries in the Register of Patents
§119Imprisonment up to 2 years and/or fine.
Unauthorised claim of patent rights / falsely marking as patented
§120Fine up to ₹1 lakh.
Refusal / failure to supply Controller with required information
§122Fine up to ₹10 lakh; continuing — daily fine up to ₹1,000.
Headline offences only — not exhaustive. For the full text and every section, open the source PDF or the official link below.
Key Sections & Penalties
Patents Act at a Glance
| Section | Type | Provision | Applicability | Details / Penalty |
|---|---|---|---|---|
| §3 | structural | What are not inventions | - | Administrative / Structural |
| §48 | right | Rights of patentees | - | Administrative / Structural |
| §84 | structural | Compulsory licences | - | Administrative / Structural |
| §118 | criminal | Contravention of secrecy directions (national security inventions) | - | Imprisonment up to 2 years and/or fine high RISK |
| §119 | criminal | Falsification of entries in the Register of Patents | - | Imprisonment up to 2 years and/or fine high RISK |
Maximum punishments as prescribed by the Act. Actual sentencing depends on facts, prior convictions and judicial discretion.
Sources
Read the Act yourself
We always show you the local source PDF and at least one verifiable online reference, so you can check anything we say.
Source PDF
Patents Act, 1970.pdf
Full text · opens in new tab
Reference
Wikipedia
en.wikipedia.org · opens in new tab
About this Act
Quick facts
- Year
- 1970
- Sections
- 162
- Chapters
- 23
- Tier
- Tier 3