Patents Act, 1970

Section - 120 - Unauthorised claim of patent rights

Unauthorised claim of patent rights.

120. If any person falsely represents that any article sold by him is patented in India or is the subject of an application of a patent in India, [he shall be liable to penalty which may extend to ten lakh rupees, and in case of the continuing claim, a further penalty of one thousand rupees for every day after the first during which such claim continues].

Explanation 1: For the purposes of this section, a person shall be deemed to represent-

(a)	-	that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India;
(b)	-	that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in India.

Explanation 2 : The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for .... To read the full section download the app from Google Play store