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The Patents Act, 1970
Section 124B

The Patents Act, 1970

Chapter XX — PUNISHMENTS

Section 124BAppeal

Read in the full Act

Section 124B: Appeal

Contents

Preamble
Chapter I — PRELIMINARY
1Short title, extent and commencement
2Definitions and interpretation
Chapter II — INVENTIONS NOT PATENTABLE
3What are not inventions
4Inventions relating to atomic energy not patentable
5[Omitted.]
Chapter III — APPLICATIONS FOR PATENTS
6Persons entitled to apply for patents
7Form of application
8Information and undertaking regarding foreign applications
9Provisional and complete specifications
10Contents of specifications
11Priority dates of claims of a complete specification
Chapter IV — PUBLICATION AND EXAMINATION OF APPLICATIONS
11APublication of applications
11BRequest for examination
12Examination of application
13Search for anticipation by previous publication and by prior claim
14Consideration of report of examiner by Controller
15Power of Controller to refuse or require amended applications, etc., in certain cases
16Power of Controller to make orders respecting division of application
17Power of Controller to make orders respecting dating of application
18Powers of Controller in cases of anticipation
19Powers of Controller in case of potential infringement
20Powers of Controller to make orders regarding substitution of applicants etc
21Time for putting application in order for grant
22[Omitted.]
23[Omitted.]
24[Omitted.]
Chapter V — OPPOSITION TO GRANT OF PATENTS
25Opposition to patent
26In cases of "obtaining" Controller may treat the patent as the patent of opponent
27[Omitted.]
28Mention of inventor as such in patent
Chapter VI — ANTICIPATION
29Anticipation by previous publication
30Anticipation by previous communication to Government
31Anticipation by public display, etc
32Anticipation by public working
33Anticipation by use and publication after provisional specification
34No anticipation if circumstances are only as described in sections 29, 30, 31 and 32
Chapter VII — PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS
35Secrecy directions relating to inventions relevant for defence purposes
36Secrecy directions to be periodically reviewed
37Consequences of secrecy directions
38Revocation of secrecy directions and extension of time
39Residents not to apply for patents outside India without prior permission
40Liability for contravention of section 35 or section 39
41Finality of orders of Controller and Central Government
42Savings respecting disclosure to Government
Chapter VIII — GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY
43Grant of patents
44Amendment of patent granted to deceased applicant
45Date of patent
46Form, extent and effect of patent
47Grant of patents to be subject to certain conditions
48Rights of patentees
49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
50Rights of co-owners of patents
51Power of Controller to give directions to co-owners
52Grant of patent to true and first inventions where it has been obtained by another in fraud of him
53Term of patent
Chapter IX — PATENTS OF ADDITION
54Patents of addition
55Term of patents of addition
56Validity of patents of addition
Chapter X — AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
57Amendment of application and specification before Controller
58Amendment of specification before Appellate Board or High Court
59Supplementary provisions as to amendment of application or specification
Chapter XI — RESTORATION OF LAPSED PATENTS
60Applications for restoration of lapsed patents
61Procedure for disposal of applications for restoration of lapsed patents
62Rights of patentees of lapsed patents which have been restored
Chapter XII — SURRENDER AND REVOCATION OF PATENTS
63Surrender of patents
64Revocation of Power patents
65Revocation of patent or amendment of complete specification on directions from Government in cases relating to atomic energy
66Revocation of patent in public interest
Chapter XIII — REGISTER OF PATENTS
67Register of patents and particulars to be entered therein
68Assignments, etc., not to be valid unless in writing and duly executed
69Registration of assignments, transmissions, etc
70Power of registered grantee or proprietor to deal with patent
71Rectification of register by Appellate Board
72Register to be open for inspection
Chapter XIV — PATENT OFFICE AND ITS ESTABLISHMENT
73Controller and other officers
74Patent office and its branches
75Restriction on employees of patent office as to right or interest in patents
76Officers and employees not to furnish information, etc
Chapter XV — POWERS OF CONTROLLER GENERALLY
77Controller to have certain powers of a civil court
78Power of Controller to correct clerical errors, etc
79Evidence how to be given and powers of Controller in respect thereof
80Exercise of discretionary powers by Controller
81Disposal by Controller of applications for extension of time
Chapter XVI — WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION
82Definition of "patented articles" and "patentee"
83General principles applicable to working of patented inventions
84Compulsory licences
85Revocation of patents by the Controller for non-working
86Power of Controller to adjourn applications for compulsory licences, etc., in certain cases
87Procedure for dealing with applications under sections 84 and 85
88Powers of Controller in granting compulsory licences
89General purposes for granting compulsory licences
90Terms and conditions of compulsory licences
91Licensing of related patents
92Special provision for compulsory licences on notifications by Central Government
92ACompulsory licence for export of patented pharmaceutical products in certain exceptional circumstances
93Order for licence to operate as a deed between parties concerned
94Termination of compulsory licence
Chapter XVII — USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
99Meaning of use of invention for purposes of Government
95Repealed
96Repealed
97Repealed
98Repealed
Chapter XVII — USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL GOVERNMENT
100Power of Central Government to use inventions for purposes of Government
101Rights of third parties in respect of use of invention for purposes of Government
102Acquisition of inventions and patents by the Central Government
103Reference to High Court of disputes as to use for purposes of Government
Chapter XVIII — SUITS CONCERNING INFRINGEMENT OF PATENTS
104Jurisdiction
104ABurden of proof in case of suits concerning infringement
105Power of court to make declaration as to non-infringement
106Power of court to grant relief in cases of groundless threats of infringement proceedings
107Defences, etc., in suit for infringement
107ACertain acts not to be considered as infringement
108Reliefs in suits for infringement
109Right of exclusive licensee to take proceedings against infringement
110Right of licensee under section 84 to take proceedings against infringement
111Restriction on power of court to grant damages or account of profits for infringement
112[Omitted.]
113Certificate of validity of specification and costs of subsequent suits for infringement thereof
114Relief for infringement of partially valid specification
115Scientific advisers
Chapter XIX — APPEALS
116Appellate Board
117Staff of Appellate Board
117AAppeals to Appellate Board
117BProcedure and powers of Appellate Board
117CBar of jurisdiction of courts, etc
117DProcedure for application for rectification, etc., before Appellate Board
117EAppearance of Controller in legal proceedings
117FCosts of Controller in proceedings before Appellate Board
117GTransfer of pending proceedings to Appellate Board
117HPower of Appellate Board to make rules
Chapter XX — PUNISHMENTS
118Contravention of Secrecy provisions relating to certain inventions
119Falsification of entries in register, etc
120Unauthorised claim of patent rights
121Omitted
122Refusal or failure to supply information
123Practice by non-registered patent agents
124Offences by companies
124AAdjudication of penalties
124BAppeal
Chapter XXI — PATENT AGENTS
125Register of patent agents
126Qualifications for registration as patent agents
127Rights of patent agents
128Subscription and verification of certain documents by patent agents
129Restrictions on practice as patent agents
130Removal from register of patent agents and restoration
131Power of Controller to refuse to deal with certain agents
132Savings in respect of other persons authorised to act as agents
Chapter XXII — INTERNATIONAL ARRANGEMENTS
133Convention countries
134Notification as to countries not providing for reciprocity
135Convention applications
136Special provisions relating to convention applications
137Multiple priorities
138Supplementary provisions as to convention applications
139Other provisions of Act to apply to convention applications
Chapter XXIII — MISCELLANEOUS
140Avoidance of certain restrictive conditions
141Determination of certain contracts
142Fees
143Restrictions upon publication of specification
144Reports of Examiners to be confidential
145Publication of official journal
146Power of Controller to call for information from patentees
147Evidence of entries, documents, etc
148Declaration by infant, lunatic, etc
149Service of notices, etc., by post
150Security for costs
151Transmission of orders of courts to Controller
152[Omitted.]
153Information relating to Patents
154Loss or destruction of Patents
155Reports of Controller to be placed before Parliament
156Patent to bind Government
157Right of Government to sell or use forfeited articles
157AProtection of security of India
158Power of High Courts to make rules
159Power of Central Government to make rules
160Rules to be placed before Parliament
161[Omitted.]
162Repeal of Act 2 of 1911 in so far as it relates to patents and savings
163[Omitted.]
Schedules
The Schedule
Rules and regulations
Made under this Act
Commentary
Background and purpose
What it covers
Legislative history
Structure
Related laws
Sources

124B. Appeal

Previous section 124A. Adjudication of penalties Next section 125. Register of patent agents

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Not an official publication. This text has no legal authority and is not legal advice. Check the Gazette of India before relying on any provision.

Last updated 30 October 2026

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