Patents Act, 1970

Section - 1 - Short title, extent and commencement

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Section - 2 - Definitions and interpretation

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Section - 3 - What are not inventions

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Section - 4 - Inventions relating to atomic energy not patentable

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Section - 5 - -

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Section - 6 - Persons entitled to apply for patents

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Section - 7 - Form of application

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Section - 8 - Information and undertaking regarding foreign applications

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Section - 9 - Provisional and complete specifications

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Section - 10 - Contents of specifications

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Section - 11 - Priority dates of claims of a complete specification

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Section - 11A - Publication of applications

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Section - 11B - Request for examination

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Section - 12 - Examination of application

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Section - 13 - Search for anticipation by previous publication and by prior claim

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Section - 14 - Consideration of the report of examiner by Controller

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Section - 15 - Power of Controller to refuse or require amended applications, etc., in certain cases

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Section - 16 - Power of Controller to make orders respecting division of application

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Section - 17 - Power of Controller to make orders respecting dating of application

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Section - 18 - Powers of Controller in cases of anticipation

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Section - 19 - Powers of Controller in case of potential infringement

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Section - 20 - Powers of Controller to make orders regarding substitution of applicants, etc

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Section - 21 - Time for putting application in order for grant

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Section - 22 to 24 - Omitted by the Patents (Amendment) Act, 2005, w.r.e.f. 1-1-2005.

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Section - 24A to 24E - Omitted by the Patents (Amendment) Act, 2005, w.r.e.f. 1-1-2005.

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Section - 25 - Opposition to the patent

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Section - 26 - In cases of "obtaining" Controller may treat the patent as the patent of opponent

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Section - 27 - Refusal of patent without opposition

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Section - 28 - Mention of inventor as such in patent

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Section - 29 - Anticipation by previous publication

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Section - 30 - Anticipation by previous communication to Government

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Section - 31 - Anticipation by public display, etc

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Section - 32 - Anticipation by public working

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Section - 33 - Anticipation by use and publication after provisional specification

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Section - 34 - No anticipation if circumstances are only as described in sections 29, 30, 31 and 32

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Section - 35 - Secrecy directions relating to inventions relevant for defence purposes

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Section - 36 - Secrecy directions to be periodically reviewed

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Section - 37 - Consequences of secrecy directions

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Section - 38 - Revocation of secrecy directions and extension of time

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Section - 39 - Residents not to apply for patents outside India without prior permission

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Section - 40 - Liability for contravention of section 35 or section 39

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Section - 41 - Finality of orders of Controller and Central Government

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Section - 42 - Savings respecting disclosure to Government

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Section - 43 - Grant of patents

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Section - 44 - Amendment of patent granted to deceased applicant

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Section - 45 - Date of patent

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Section - 46 - Form, extent and effect of patent

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Section - 47 - Grant of patents to be subject to certain conditions

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Section - 48 - Rights of patentees

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Section - 49 - Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India

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Section - 50 - Rights of co-owners of patents

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Section - 51 - Power of Controller to give directions to co-owners

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Section - 52 - Grant of patent to true and first inventor where it has been obtained by another in fraud of him

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Section - 53 - Term of patent

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Section - 54 - Patents of addition

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Section - 55 - Term of patents of addition

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Section - 56 - Validity of patents of addition

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Section - 57 - Amendment of application and specification before Controller

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Section - 58 - Amendment of specification before [***] High Court

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Section - 59 - Supplementary provisions as to amendment of application or specification

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Section - 60 - Applications for restoration of lapsed patents

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Section - 61 - Procedure for disposal of applications for restoration of lapsed patents

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Section - 62 - Rights of patentees of lapsed patents which have been restored

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Section - 63 - Surrender of patents

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Section - 64 - Revocation of patents

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Section - 65 - Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy

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Section - 66 - Revocation of patent in public interest

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Section - 67 - Register of patents and particulars to be entered therein

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Section - 68 - Assignments, etc., not to be valid unless in writing and duly executed

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Section - 69 - Registration of assignments, transmissions, etc

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Section - 70 - Power of registered grantee or proprietor to deal with patent

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Section - 71 - Rectification of register by High Court

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Section - 72 - Register to be open for inspection

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Section - 73 - Controller and other officers

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Section - 74 - Patent office and its branches

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Section - 75 - Restriction on employees of patent office as to right or interest in patents

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Section - 76 - Officers and employees not to furnish information, etc.

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Section - 77 - Controller to have certain powers of a civil court

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Section - 78 - Power of Controller to correct clerical errors, etc

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Section - 79 - Evidence how to be given and powers of Controller in respect thereof

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Section - 80 - Exercise of discretionary powers by Controller

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Section - 81 - Disposal by Controller of applications for extension of time

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Section - 82 - Definition of "patented articles" and "patentee"

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Section - 83 - General principles applicable to working of patented inventions

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Section - 84 - Compulsory licences

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Section - 85 - Revocation of patents by the Controller for non-working

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Section - 86 - Power of Controller to adjourn applications for compulsory licences, etc., in certain cases

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Section - 87 - Procedure for dealing with applications under sections 84 and 85

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Section - 88 - Powers of Controller in granting compulsory licences

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Section - 89 - General purposes for granting compulsory licences

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Section - 90 - Terms and conditions of compulsory licences

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Section - 91 - Licensing of related patents

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Section - 92 - Special provision for compulsory licences on notifications by Central Government

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Section - 92A - Compulsory licence for export of patented pharmaceutical products in certain exceptional circumstances

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Section - 93 - Order for licence to operate as a deed between parties concerned

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Section - 94 - Termination of compulsory licence

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Section - 95 to 98 - Omitted

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Section - 99 - Meaning of use of invention for purposes of Government

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Section - 100 - Power of Central Government to use inventions for purposes of Government

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Section - 101 - Rights of third parties in respect of use of invention for purposes of Government

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Section - 102 - Acquisition of inventions and patents by the Central Government

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Section - 103 - Reference to High Court of disputes as to use for purposes of Government

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Section - 104 - Jurisdiction

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Section - 104A - Burden of proof in case of suits concerning infringement

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Section - 105 - Power of court to make declaration as to non-infringement

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Section - 106 - Power of court to grant relief in cases of groundless threats of infringement proceedings

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Section - 107 - Defences, etc., in suits for infringement

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Section - 107A - Certain acts not to be considered as infringement

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Section - 108 - Reliefs in suits for infringement

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Section - 109 - Right of exclusive licensee to take proceedings against infringement

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Section - 110 - Right of licensee under section 84 to take proceedings against infringement

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Section - 111 - Restriction on power of court to grant damages or an account of profits for infringement

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Section - 112 - Restriction on power of court to grant injunction in certain cases

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Section - 113 - Certificate of validity of specification and costs of subsequent suits for infringement thereof

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Section - 114 - Relief for infringement of partially valid specification

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Section - 115 - Scientific advisers

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Section - 116 - Appellate Board

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Section - 117 - Staff of Appellate Board

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Section - 117A - Appeals to High Court

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Section - 117B - Procedure and powers of Appellate Board

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Section - 117C - Bar of jurisdiction of courts, etc.

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Section - 117D - Procedure for application for rectification, etc., before Appellate Board

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Section - 117E - Appearance of Controller in legal proceedings

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Section - 117F - Costs of Controller in proceedings before Appellate Board

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Section - 117G - Transfer of pending proceedings to Appellate Board

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Section - 117H - Power of Appellate Board to make rules

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Section - 118 - Contravention of secrecy provisions relating to certain inventions

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Section - 119 - Falsification of entries in register, etc

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Section - 120 - Unauthorised claim of patent rights

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Section - 121 - Wrongful use of words "patent office"

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Section - 122 - Refusal or failure to supply information

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Section - 123 - Practice by non-registered patent agents

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Section - 124 - Offences by companies

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Section - 124A - Adjudication of penalties

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Section - 124B - Appeal

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Section - 125 - Register of patent agents

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Section - 126 - Qualifications for registration as patent agents

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Section - 127 - Rights of patent agents

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Section - 128 - Subscription and verification of certain documents by patent agents

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Section - 129 - Restrictions on practice as patent agents

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Section - 130 - Removal from register of patent agents and restoration

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Section - 131 - Power of Controller to refuse to deal with certain agents

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Section - 132 - Savings in respect of other persons authorised to act as agents

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Section - 133 - Convention countries.

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Section - 134 - Notification as to countries not providing for reciprocity

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Section - 135 - Convention applications

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Section - 136 - Special provisions relating to convention applications

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Section - 137 - Multiple priorities

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Section - 138 - Supplementary provisions as to convention applications

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Section - 139 - Other provisions of Act to apply to convention applications

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Section - 140 - Avoidance of certain restrictive conditions

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Section - 141 - Determination of certain contracts

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Section - 142 - Fees

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Section - 143 - Restrictions upon publication of specification

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Section - 144 - Reports of examiners to be confidential

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Section - 145 - Publication of official journal

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Section - 146 - Power of Controller to call for information from patentees

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Section - 147 - Evidence of entries, documents, etc

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Section - 148 - Declaration by infant, lunatic, etc

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Section - 149 - Service of notices, etc., by post

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Section - 150 - Security for costs

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Section - 151 - Transmission of orders of courts to Controller

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Section - 152 - Transmission of copies of specifications, etc. and inspection thereof

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Section - 153 - Information relating to patents

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Section - 154 - Loss or destruction of patents

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Section - 155 - Reports of Controller to be placed before Parliament

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Section - 156 - Patent to bind Government

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Section - 157 - Right of Government to sell or use forfeited articles

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Section - 157A - Protection of security of India

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Section - 158 - Power of High Courts to make rules

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Section - 159 - Power of Central Government to make rules

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Section - 160 - Rules to be placed before Parliament

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Section - 161 - Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911

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Section - 162 - Repeal of Act 2 of 1911 insofar as it relates to patents and savings

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Section - 163 - Omitted by the Patents (Amendment) Act, 2005, w.r.e.f. 1-1-2005.

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SCH - Amendments to the Indian Patents and Designs Act, 1911

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