# The Patents Act, 1970

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THE PATENTS ACT, 1970
    (39 OF 1970)
    [As Amended By the Patents (Amendment) Act, 1999.]
    (As effective from the 1st January, 1995)
LIST OF AMENDING ACT AND ADAPTATION ORDERS
* The State of Himachal Pradesh (Adaptation of Laws on Union Subjects) order, 1973
* The North-Eastern Areas (Reorganization) (Adaptation of Laws on Union Subjects) Order, 1974
* The Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Orders, 1974.
* The Repealing and Amending Act, 1974 (56 of 1974)
THE PATENTS ACT, 1970
ARRANGEMENT OF SECTIONS
    CHAPTER I : PRELIMINARY
    CHAPTER II :INVENTIONS NOT PATENTABLE
    CHAPTER III: APPLICATIONS FOR PATENTS
    CHAPTER IV: EXAMINATION OF APPLICATIONS
    CHAPTER IVA: EXCLUSIVE MARKETING RIGHTS
    CHAPTER V: OPPOSITION TO GRANT OF PATENT
    CHAPTER VI: ANTICIPATION
    CHAPTER VII :PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
    CHAPTER VIII: GRANT AND SEALING OF PATENTS AND RIGHTS CONFERRED THEREBY
    CHAPTER IX :PATENTS OF ADDITION
    CHAPTER X :AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
    CHAPTER XI :RESTORATION OF LAPSED PATENTS
    CHAPTER XII :SURRENDER AND REVOCATION OF PATENTS
    CHAPTER XIII: REGISTER OF PATENTS
    CHAPTER XIV: PATENT OFFICE AND ITS ESTABLISHMENT
    CHAPTER XV: POWERS OF CONTROLLER GENERALLY
    CHAPTER XVI:WORKING OF PATENTS, COMPULSORY LICENCES, LICENCES OF RIGHT AND REVOCATION
    CHAPTER XVII :USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
    CHAPTER XVIII :SUITS CONCERNING INFRINGEMENT OF PATENTS
    CHAPTER XIX :APPEALS
    CHAPTER XX: PENALTIES
    CHAPTER XXI :PATENT AGENTS
    CHAPTER XXII: INTERNATIONAL ARRANGEMENTS
    CHAPTER XXIII: MISCELLANEOUS
This work is the work of Government of India. Section 52(1)(q) of the Indian Copyright Act, 1957 allows for the reproduction or publication of
* any matter which has been published in any Official Gazette except an Act of a Legislature;
* any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
* the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the government;
* any judgement or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the Tribunal or other judicial authority, as the case may be.
The decision of the Supreme Court of India in "Eastern Book Company & Ors vs D.B. Modak & Anr" on 12 December, 2007 interpreted this section of the Act as making the material public domain.
This work is also in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."
Public domainPublic domainfalsefalse
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."
These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
Public domainPublic domainfalsefalse