Chapter 16
Offences and
Penalties
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Contravention of S.35 or 39 If any person fails to comply with any direction given under section 35 or makes or causes to be made an application for the grant of a patent in contravention of section 39, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. |
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Falsification of entries in register, etc. If any person makes, a false entry in any register
kept under the Patents Act or provides any writing or evidence as a result of
which the entry in the register results into a false entry, knowing the entry
or writing to be false, then he is punishable with imprisonment for a term
that may extend to two years or with fine or with both. |
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Unauthorized Claim of Patent Rights If any person falsely represents that any article
sold by him is patented in India or is the subject of an Application for a
Patent in India, he shall be punishable with fine that may extend to rupees
one lakh. |
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Wrongful use of words, "Patent Office" If any person uses on his place of business or any
document issued by him which would reasonably lead to the belief that either
his place of business is the Patent Office or is officially connected with
the Patent Office, he shall be punishable with imprisonment for a term that
may extend to 6 months, or with fine, or with both. |
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Refusal or failure to supply information If any person refuses or fails to furnish
information as required under Sections 100(5) and 146, he shall be punishable
with fine which may go up to rupees ten lakh (one million). Section 100(5)
provides that any person including Government undertaking using a patented
invention for the purpose of Government has to furnish any information on the
use of invention as required by the Central Government and Section 146
provides that the patentee has to furnish a statement regarding the working
of the patented invention in a commercial scale in India in Form 27. This has to be done annually
within 3 months of the end of each calendar year for that calendar year. If
he furnishes false information knowingly he shall be punishable with
imprisonment that may extend to 6 months or with fine or with both. |
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Practice by non-registered persons Any person practicing as a Patent Agent without
registering himself as such is liable to be punished with a fine of rupees
one lakh for the first offence and rupees five lakh for subsequent offence. |
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Offences by Companies a. When an offence is committed by a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty and shall be liable to be proceeded against and punished accordingly. However, if such person proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the office, he shall not be liable. b. Notwithstanding anything contained above, where
an offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent, connivance or that the
commission of the offence is attributable to any neglect on the part of any
director, manager, secretary or other office of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that
offence. |
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