THE PATENTS ACT, 1970 

_________ 

ARRANGEMENT OF SECTIONS 

__________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions and interpretation. 

CHAPTER II 

INVENTIONS NOT PATENTABLE 

3. What are not inventions. 

4. Inventions relating to atomic energy not patentable. 

5. [Omitted.] 

CHAPTER III 

APPLICATIONS FOR PATENTS 

6. Persons entitled to apply for patents. 

7. Form of application. 

8. Information and undertaking regarding foreign applications. 

9. Provisional and complete specifications. 

10. Contents of specifications. 

11. Priority dates of claims of a complete specification. 

CHAPTER IV 

PUBLICATION AND EXAMINATION OF APPLICATIONS 

11A. Publication of applications. 

11B. Request for examination. 

12. Examination of application. 

13. Search for anticipation by previous publication and by prior claim. 

14. Consideration of report of examiner by Controller. 

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

16. Power of Controller to make orders respecting division of application. 

17. Power of Controller to make orders respecting dating of application. 

18. Powers of Controller in cases of anticipation. 

19. Powers of Controller in case of potential infringement. 

20. Powers of Controller to make orders regarding substitution of applicants etc. 

21. Time for putting application in order for grant. 

22. [Omitted.] 

23. [Omitted.] 

24. [Omitted.] 

1 

 
 
 
 
CHAPTER V 

OPPOSITION PROCEEDINGS TO GRANT OF PATENTS 

SECTIONS 

25. Opposition to patent. 

26. In cases of “obtaining” Controller may treat the patent as the patent of opponent. 

27. [Omitted.] 

28. Mention of inventor as such in patent. 

CHAPTER VI 

ANTICIPATION 

29. Anticipation by previous publication. 

30. Anticipation by previous communication to Government. 

31. Anticipation by public display, etc. 

32. Anticipation by public working. 

33. Anticipation by use and publication after provisional specification. 

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

CHAPTER VII 

PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS 

35. Secrecy directions relating to inventions relevant for defence purposes. 

36. Secrecy directions to be periodically reviewed. 

37. Consequences of secrecy directions. 

38. Revocation of secrecy directions and extension of time. 

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

40. Liability for contravention of section 35 or section 39. 

41. Finality of orders of Controller and Central Government. 

42. Savings respecting disclosure to Government. 

CHAPTER VIII 

GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY 

43. Grant of patents. 

44. Amendment of patent granted to deceased applicant. 

45. Date of patent. 

46. Form, extent and effect of patent. 

47. Grant of patents to be subject to certain conditions. 

48. Rights of patentees. 

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

50. Rights of co-owners of patents. 

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

52. Grant of patent to true and first inventions where it has been obtained by another in fraud of him. 

53. Term of patent. 

2 

 
CHAPTER IX 

PATENTS OF ADDITION 

SECTIONS 

54. Patents of addition. 

55. Term of patents of addition. 

56. Validity of patents of addition. 

CHAPTER X 

AMENDMENT OF APPLICATIONS AND SPECIFICATIONS 

57. Amendment of application and specification before Controller. 

58. Amendment of specification before Appellate Board or High Court. 

59. Supplementary provisions as to amendment of application or specification. 

CHAPTER XI 

RESTORATION OF LAPSED PATENTS 

60. Applications for restoration of lapsed patents. 

61. Procedure for disposal of applications for restoration of lapsed patents. 

62. Rights of patentees of lapsed patents which have been restored. 

CHAPTER XII 

SURRENDER AND REVOCATION OF PATENTS 

63. Surrender of patents. 

64. Revocation of Power patents. 

65. Revocation of patent or amendment of complete specification on directions from Government in 

cases relating to atomic energy. 

66. Revocation of patent in public interest. 

CHAPTER XIII 

REGISTER OF PATENTS 

67. Register of patents and particulars to be entered therein. 

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

69. Registration of assignments, transmissions, etc. 

70. Power of registered grantee or proprietor to deal with patent. 

71. Rectification of register by High Court. 

72. Register to be open for inspection. 

CHAPTER XIV 

PATENT OFFICE AND ITS ESTABLISHMENT 

73. Controller and other officers. 

74. Patent office and its branches. 

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

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

CHAPTER XV 

POWERS OF CONTROLLER GENERALLY 

77. Controller to have certain powers of a civil court. 

78. Power of Controller to correct clerical errors, etc. 

3 

 
SECTIONS 

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

80. Exercise of discretionary powers by Controller. 

81. Disposal by Controller of applications for extension of time. 

WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION 

CHAPTER XVI 

82. Definition of “patented articles” and “patentee”. 

83. General principles applicable to working of patented inventions. 

84. Compulsory licences. 

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

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

87. Procedure for dealing with applications under sections 84 and 85. 

88. Powers of Controller in granting compulsory licences. 

89. General purposes for granting compulsory licences. 

90. Terms and conditions of compulsory licences. 

91. Licensing of related patents. 

92. Special provision for compulsory licences on notifications by Central Government. 

92A.  Compulsory  licence  for  export  of  patented  pharmaceutical  products  in  certain  exceptional    

circumstances. 

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

94. Termination of compulsory licence. 

CHAPTER XVII 

USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY  

99. Meaning of use of invention for purposes of Government. 

CENTRAL GOVERNMENT 

100. Power of Central Government to use inventions for purposes of Government. 

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

102. Acquisition of inventions and patents by the Central Government. 

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

CHAPTER XVIII 

SUITS CONCERNING INFRINGEMENT OF PATENTS 

104. Jurisdiction. 

104A. Burden of proof in case of suits concerning infringement. 

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

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

107. Defences, etc., in suit for infringement. 

107A. Certain acts not to be considered as infringement. 

108. Reliefs in suits for infringement. 

109. Right of exclusive licensee to take proceedings against infringement. 

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

111. Restriction on power of court to grant damages or account of profits for infringement. 

4 

SECTIONS 

112. [Omitted.] 

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

114. Relief for infringement of partially valid specification. 

115. Scientific advisers. 

CHAPTER XIX 

APPEALS  

116. [Omitted.] 

117. [Omitted.] 

117A. Appeals to High Court. 

117B. [Omitted.] 

117C. [Omitted.] 

117D. [Omitted.] 

117E. Appearance of Controller in legal proceedings. 

117F. [Omitted.] 

117G. [Omitted.] 

117H. [Omitted.] 

CHAPTER XX 

PENALTIES 

118. Contravention of Secrecy provisions relating to certain inventions. 

119. Falsification of entries in register, etc. 

120. Unauthorised claim of patent rights. 

121. Wrongful use of words “patent office”. 

122. Refusal or failure to supply information. 

123. Practice by non-registered patent agents. 

124. Offences by companies. 

CHAPTER XXI 

PATENT AGENTS 

125. Register of patent agents. 

126. Qualifications for registration as patent agents. 

127. Rights of patent agents. 

128. Subscription and verification of certain documents by patent agents. 

129. Restrictions on practice as patent agents. 

130. Removal from register of patent agents and restoration. 

131. Power of Controller to refuse to deal with certain agents. 

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

CHAPTER XXII 

INTERNATIONAL ARRANGEMENTS 

133. Convention countries. 

134. Notification as to countries not providing for reciprocity. 

135. Convention applications. 

5 

SECTIONS 

136. Special provisions relating to convention applications. 

137. Multiple priorities. 

138. Supplementary provisions as to convention applications. 

139. Other provisions of Act to apply to convention applications. 

CHAPTER XXIII 

MISCELLANEOUS 

140. Avoidance of certain restrictive conditions. 

141. Determination of certain contracts. 

142. Fees. 

143. Restrictions upon publication of specification. 

144. Reports of Examiners to be confidential. 

145. Publication of official journal. 

146. Power of Controller to call for information from patentees. 

147. Evidence of entries, documents, etc. 

148. Declaration by infant, lunatic, etc. 

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

150. Security for costs. 

151. Transmission of orders of courts to Controller. 

152. [Omitted.] 

153. Information relating to Patents. 

154. Loss or destruction of Patents. 

155. Reports of Controller to be placed before Parliament. 

156. Patent to bind Government. 

157. Right of Government to sell or use forfeited articles. 

157A. Protection of security of India. 

158. Power of High Courts to make rules. 

159. Power of Central Government to make rules. 

160. Rules to be placed before Parliament. 

161. [Omitted.] 

162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings. 

163. [Omitted.] 

THE SCHEDULE. 

6 

THE PATENTS ACT, 1970 

ACT NO. 39 OF 1970 

An Act to amend and consolidate the law relating to patents. 

BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:— 

[19th September, 1970.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Patents Act, 1970. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint: 

Provided that different dates may be appointed for different provisions of this Act, and any reference 
in any such provision to the commencement of this Act shall be construed as a reference to the coming 
into force of that provision. 

2. Definitions and interpretation.—(1) In this Act, unless the context otherwise requires,— 

2* 
(ab)  “assignee”  includes  an  assignee  of  the  assignee  and  the  legal  representative  of  a  deceased 
assignee and references to the assignee of any person include references to the assignee of the legal 
representative or assignee of that person; 

*; 

* 

* 

3[(aba)  “Budapest  Treaty”  means  the  Budapest  Treaty  on  the  International  Recognition  of  the 
Deposit of Micro-organisms for the  purposes of Patent Procedure done at Budapest on 28th day of 
April, 1977, as amended and modified from time to time;] 

(ac)  “capable  of  industrial  application”,  in  relation  to  an  invention,  means  that  the  invention  is 

capable of being made or used in an industry;] 

 (b) “Controller” means the Controller General of Patents, Designs and Trade Marks referred to in 

section 73; 

(c) “convention application” means an application for a patent made by virtue of section 135; 
4[(d) “convention country" means a country or a country which is member of a group of countries 
or a union of countries or an Inter-governmental organisation 5[referred to as a convention country in 
section 133;] 

(e) “district court” has the meaning assigned to that expression by the Code of Civil Procedure, 

1908 (5 of 1908); 

(f) “exclusive licence” means a licence from a patentee which confers on the licensee, or on the 
licensee and persons authorised by him, to the exclusion of all other persons (including the patentee), 
any  right  in  respect  of  the  patented  invention,  and  “exclusive  licensee”  shall  be  construed 
accordingly; 
6* 

* 

* 

* 

* 

1.  1-4-1978,  vide  notification  No.  S.O.  799,  dated 10-3-1978, in  respect  of  the  provisions  of  sub-section  (2)  of  s.  12  and            

sub-section (2) of s. 13, s. 28, s. 68, and ss. 125 to 132 see Gazette of India, Part II, sec. 3 (ii). 

    20-4-1972 vide notification No. S.O. 300 dated 20-4-1972, in respect of the provisions [except sub-section (2) of s. 12 and 

sub-section (2) of s. 13, s. 28, s. 68 and ss. 125 to 132] see Gazette of India, Part II, sec. 3 (ii). 

2. Clause (a) omitted by Act 33 of 2021, s. 13 (w.e.f.4-4-2021). 
3. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005). 
4. Subs. by Act 38 of 2002, s. 3, for clause (d) (w.e.f. 20-5-2003). 
5. Subs. by Act 15 of 2005, s. 2, for “notified as such under sub-section (1) of section 133” (w.e.f. 1-1-2005). 
6. Clause (g) omitted by s. 2, ibid. (w.e.f. 1-1-2005).  

7 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
(h) “Government undertaking” means any industrial undertaking carried on— 

(i) by a department of the Government, or 

(ii)  by  a  corporation  established  by  a  Central,  Provincial  or  State  Act,  which  is  owned  or 

controlled by the Government, or 

(iii) by a Government company as defined in section 617 of the Companies Act, 1956 (1 of 

1956), 1[or] 

1[(iv) by an institution wholly or substantially financed by the Government;] 

2* 

* 

* 

* 

* 

3[(i)  “High  Court",  in  relation  to  a  State  or  Union  territory,  means  the  High  Court  having 

territorial jurisdiction in that State or Union territory, as the case may be;] 

4[(ia)  “international  application”  means  an  application  for  patent  made  in  accordance  with  the 

Patent Cooperation Treaty;] 

5[(j)  “invention”  means  a  new  product  or  process  involving  an  inventive  step  and  capable  of 

industrial application; 

6[(ja)  “inventive  step”  means  a  feature  of  an  invention  that  involves  technical  advance  as 
compared  to  the  existing  knowledge  or  having  economic  significance  or  both  and  that  makes  the 
invention not obvious to a person skilled in the art;]] 

(k) “legal representative” means a person who in law represents the estate of a deceased person; 

7[(l)  “new  invention”  means  any  invention  or  technology  which  has  not  been  anticipated  by 
publication in any document or used in the country or elsewhere in the world before the date of filing 
of  patent  application  with  complete  specification,  i.e.,  the  subject  matter  has  not  fallen  in  public 
domain or that it does not form part of the state of the art; 

(la)  “Opposition  Board”  means  an  Opposition  Board  constituted  under  sub-section  (3)  of                

section 25; 

(m) “patent” means a patent for any invention granted under this Act;] 

(n) “patent agent” means a person for the time being registered under this Act as a patent agent; 

(o) “patented article” and “patented process” mean respectively an article or process in respect of 

which a patent is in force; 

4[(oa) “Patent Cooperation Treaty” means the Patent Cooperation Treaty done at Washington on 

the 19th day of June, 1970 as amended and modified from time to time;] 

(p)  “patentee”  means  the  person  for  the  time  being  entered  on  the  register  as  the  grantee  or 

proprietor of the patent; 

(q) “patent of addition” means a patent granted in accordance with section 54; 

(r) “patent office” means the patent office referred to in section 74; 

(s) “person" includes the Government; 

1. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005). 
2.  The  words  “and  includes  the  Council  of  Scientific  and  Industrial  Research  and  any  other  institution  which  is  financed 

wholly or for the major part by the said Council” omitted by s. 2, ibid. (w.e.f. 1-1-2005) 

3. Subs. by s. 2, ibid., for clause (i) (w.e.f. 1-1-2005). 
4. Ins. by Act 38 of 2002, s. 3 (w.e.f. 20-5-2003). 
5.Subs. by s. 3, ibid., for clause (j)  (w.e.f. 20-5-2003). 
6. Subs. by Act 15 of 2005, s. 2, for clause (ja) (w.e.f. 1-1-2005). 
7. Subs. by s. 2, ibid., for clauses (l) and (m) (w.e.f. 1-1-2005). 

8 

 
 
 
 
 
 
 
                                                           
(t) “person interested” includes a person engaged in, or in promoting, research in the same field 

as that to which the invention relates; 

1[(ta) “pharmaceutical substance" means any new entity involving one or more inventive steps;] 
2[(u) “prescribed” means,— 

(A)  in  relation  to  proceedings  before  a  High  Court,  prescribed  by  rules  made  by  the  High 

Court; 

3* 

* 

* 

* 

* 

(C) in other cases, prescribed by rules made under this Act;] 

(v) “prescribed manner” includes the payment of the prescribed fee; 

(w) “priority date” has the meaning assigned to it by section 11; 

(x) “register” means the register of patents referred to in section 67; 

(y) “true and first inventor” does not include either the first importer of an invention into India, or 

a person to whom an invention is first communicated from outside India. 

(2) In this Act, unless the context otherwise requires, any reference— 

(a)  to  the  Controller  shall  be  construed  as  including  a  reference  to  any  officer  discharging  the 

functions of the Controller in pursuance of section 73; 

(b)  to  the  patent  office  shall  be  construed  as  including  a  reference  to  any  branch  office  of  the 

patent office. 

CHAPTER II 
INVENTIONS NOT PATENTABLE 

3.  What  are  not  inventions.—The  following  are  not  inventions  within  the  meaning  of  this                    

Act,— 

(a)  an  invention  which  is  frivolous  or  which  claims  anything  obviously  contrary  to  well 

established natural laws; 

4[(b)  an  invention  the  primary  or  intended  use  or  commercial  exploitation  of  which  would  be 
contrary to public order or morality or which causes serious prejudice to human, animal or plant life 
or health or to the environment;] 

(c)  the  mere  discovery  of  a  scientific  principle  or  the  formulation  of  an  abstract  theory  5[or 

discovery of any living thing or non-living substance occurring in nature]; 

6[(d)  the  mere  discovery  of  a  new  form  of  a  known  substance  which  does  not  result  in  the 
enhancement of the known efficacy of that substance or the mere discovery of any new property or 
new use for a known substance or of the mere use of a known process, machine or apparatus unless 
such known process results in a new product or employs at least one new reactant. 

Explanation.—For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure 
form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of 
known  substance  shall  be  considered  to  be  the  same  substance,  unless  they  differ  significantly  in 
properties with regard to efficacy;] 

1. Ins. by Act 15 of 2005, s. 2 (w.e.f. 1-1-2005). 
2. Subs. by Act 38 of 2002, s. 3, for clause (u) (w.e.f. 20-5-2003). 
3. Sub-clause (B) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 
4. Subs. by Act 38 of 2002, s. 4, for clause (b) (w.e.f. 20-5-2003). 
5. Ins. by s. 4, ibid. (w.e.f. 20-5-2003). 
6. Subs. by Act 15 of 2005, s. 3, for clause (d) (w.e.f. 1-1-2005). 

9 

 
 
 
 
 
 
 
                                                           
(e) a substance obtained by a mere admixture resulting only in the aggregation of the properties 

of the components thereof or a process for producing such substance; 

(f)  the  mere  arrangement  or  re-arrangement  or  duplication  of  known  devices  each  functioning 

independently of one another in a known way; 

1* 

* 

* 

* 

* 

(h) a method of agriculture or horticulture; 

(i)  any  process  for  the  medicinal,  surgical,  curative,  prophylactic  2[diagnostic,  therapeutic]  or 
other treatment of human beings or any process for a similar treatment of animals 3*** to render them 
free of disease or to increase their economic value or that of their products. 

2[(j)  plants  and  animals  in  whole  or  any  part  thereof  other  than  micro-organisms  but  including 
seeds,  varieties  and  species  and  essentially  biological  processes  for  production  or  propagation  of 
plants and animals; 

(k) a mathematical or business method or a computer programme per se or algorithms; 

(l)  a  literary,  dramatic,  musical  or  artistic  work  or  any  other  aesthetic  creation  whatsoever 

including cinematographic works and television productions; 

(m) a mere scheme or rule or method of performing mental act or method of playing game; 

(n) a presentation of information; 

(o) topography of integrated circuits; 

(p)  an  invention  which,  in  effect,  is  traditional  knowledge  or  which  is  an  aggregation  or 

duplication of known properties of traditionally known component or components.] 

4. Inventions relating to atomic energy not patentable.—No patent shall be granted in respect of 
an invention relating to atomic energy falling within sub-section (1) of section 20 of the Atomic Energy 
Act, 1962 (33 of 1962). 

5.  [Inventions  where  only  methods  or  processes  of  manufacture  patentable.]  Omitted  by  the 

Patents (Amendment) Act, 2005 (15 of 2005), s. 4 (w.e.f. 1-1-2005). 

CHAPTER III 

APPLICATIONS FOR PATENTS 

6. Persons entitled to apply for patents.—(1) Subject to the provisions contained in section 134, an 

application for a patent for an invention may be made by any of the following persons, that is to say,— 

(a) by any person claiming to be the true and first inventor of the invention; 

(b) by any person being the assignee of the  person claiming to be the true and first inventor in 

respect of the right to make such an application; 

(c)  by  the  legal  representative  of  any  deceased  person  who  immediately  before  his  death  was 

entitled to make such an application. 

(2) An application under sub-section (1) may be made by any of the persons referred to therein either 

alone or jointly with any other person. 

7. Form of application.—(1) Every application for a patent shall be for one invention only and shall 

be made in the prescribed form and filed in the patent office. 

1. Clause (g) omitted by Act 38 of 2002, s. 4 (w.e.f. 20-5-2003). 
2. Ins. by s. 4, ibid. (w.e.f. 20-5-2003). 
3. The words “or plants” omitted by s. 4, ibid. (w.e.f. 20-5-2003). 

10 

 
 
 
 
 
 
 
                                                           
1[(1A)  Every  international  application  under  the  Patent  Cooperation  Treaty  for  a  patent,  as  may  be 
filed designating India, shall be deemed to be an application under this Act, if a corresponding application 
has also been filed before the Controller in India.] 

2[(1B) The filing date of an application referred to in sub-section (1A) and its complete specification 
processed by the patent office as designated office or elected office shall be the international filing date 
accorded under the Patent Cooperation Treaty.] 

(2) Where the application is made by virtue of an assignment of the right to apply for a patent for the 
invention, there shall be furnished with the application, or within such period as may be prescribed after 
the filling of the application, proof of the right to make the application. 

(3) Every application under this section shall state that the applicant is in possession of the invention 
and shall name the 3[person] claiming to be the true and first inventor; and where the person so claiming 
is not the applicant or one of the applicants, the application shall contain a declaration that the applicant 
believes the person so named to be the true and first inventor. 

4[(4)  Every  such  application  (not  being  a  convention  application  or  an  application  filed  under  the 
Patent  Cooperation  Treaty  designating  India)  shall  be  accompanied  by  a  provisional  or  a  complete 
specification.] 

8.  Information  and  undertaking  regarding  foreign  applications.—(1)  Where  an  applicant  for  a 
patent  under  this  Act  is  prosecuting  either  alone  or  jointly  with  any  other  person  an  application  for  a 
patent in any country outside India in respect of the same or substantially the same invention, or where to 
his  knowledge  such  an  application is  being  prosecuted  by  some  person  through  whom  he  claims  or  by 
some person deriving title from him, he shall file along with his application 5[or subsequently 6[within the 
prescribed period as the Controller may allow]]— 

7[(a) a statement setting out detailed particulars of such application; and] 

(b) an undertaking that, 8[up to the date of grant of patent in India], he would keep the Controller 
informed  in  writing,  from  time  to  time,  of  9[detailed  particulars  as  required  under]  clause  (a)  in 
respect of every other application relating to the same or substantially the same invention, if any, filed 
in  any  country  outside  India  subsequently  to  the  filing  of  the  statement  referred  to  in  the  aforesaid 
clause within the prescribed time. 

10[(2) At any time after an application for patent is filed in India and till the grant of a patent or refusal 
to grant of a patent made thereon, the Controller may also require the applicant to furnish details, as may 
be prescribed, relating to the processing of the application in a country outside India, and in that event the 
applicant  shall  furnish  to  the  Controller  information  available  to  him  within  such  period  as  may  be 
prescribed.] 

9. Provisional and complete specifications.—11[(1) Where an application for a patent (not being a 
convention application or an application filed under the Patent  Cooperation Treaty designating India) is 
accompanied by a provisional specification, a complete specification shall be filed within twelve months 
from the date of filing of the application, and if the complete specification is not so filed, the application 
shall be deemed to be abandoned.] 

1. Ins. by Act 38 of 2002, s. 6 (w.e.f. 20-5-2003). 
2. Ins. by Act 15 of 2005, s. 5 (w.e.f. 1-1-2005). 
3. Subs. by s. 5, ibid., for “owner” (w.e.f. 1-1-2005). 
4. Subs. by s. 5, ibid., for sub-section (4) (w.e.f. 1-1-2005). 
5. Ins. by Act 38 of 2002, s. 7 (w.e.f. 20-5-2003). 
6.  Subs. by Act 15 of 2005, s. 6, for certain words (w.e.f. 1-1-2005). 
7. Subs. by Act 38 of 2002, s. 7, for clause (a)  (w.e.f. 20-5-2003). 
8. Subs. by Act 15 of 2005, s. 6, for “up to the date of the acceptance of his complete specification filed in India (w.e.f. 1-1-2005). 
9. Subs. by Act 38 of 2002, s. 7, for “details of the nature referred to in” (w.e.f. 20-5-2003). 
10. Subs. by Act 15 of 2005, s. 6, for sub-section (2)  (w.e.f. 1-1-2005). 
11. Subs. by s. 7, ibid., for sub-section (1) (w.e.f. 1-1-2005).  

11 

                                                           
(2)  Where  two  or  more  applications  in  the  name  of  the  same  applicant  are  accompanied  by 
provisional specifications in respect of inventions which are cognate or of which one is a modification of 
another and the Controller is of opinion that the whole of such inventions are such as to constitute a single 
invention  and  may  properly  be  included  in  one  patent,  he  may  allow  one  complete  specification  to  be 
filed in respect of all such provisional specifications: 

1[Provided that the period of time specified under sub-section (1) shall be reckoned from the date of 

filing of the earliest provisional specification.] 

2[(3)  Where  an  application  for  a  patent  (not  being  a  convention  application  or  an  application  filed 
under the Patent Cooperation Treaty designating India) is accompanied by a specification purporting to be 
a  complete  specification,  the  Controller  may,  if  the  applicant  so  requests  at  any  time  within  twelve 
months  from  the  date of filing  of the application,  direct that  such  specification shall  be treated, for the 
purposes of this Act, as a provisional specification and proceed with the application accordingly.] 

(4)  Where  a  complete  specification  has  been  filed  in  pursuance  of  an  application  for  a  patent 
accompanied  by  a  provisional  specification  or  by  a  specification  treated  by  virtue  of  a  direction  under 
sub-section (3) as a provisional specification, the Controller may, if the applicant so requests at any time 
before 3[grant of patent], cancel the provisional specification and post-date the application to the date of 
filing of the complete specification. 

10.  Contents  of  specifications.—(1)  Every  specification,  whether  provisional  or  complete,  shall 
describe the invention and shall begin with a title sufficiently indicating the subject-matter to which the 
invention relates. 

(2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the 
Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; 
and any drawings so supplied shall, unless the Controller otherwise directs, be deemed to form part of the 
specification, and references in this Act to a specification shall be construed accordingly. 

(3)  If,  in  any  particular  case,  the  Controller  considers  that  an  application  should  be  further 
supplemented  by  a  model  or  sample  of  anything  illustrating  the  invention  or  alleged  to  constitute  an 
invention, such model or sample as he may require shall be furnished  4[before the application is found in 
order  for  grant  of  a  patent],  but  such  model  or  sample  shall  not  be  deemed  to  form  part  of  the 
specification. 

(4) Every complete specification shall— 

(a) fully and particularly describe the invention and its operation or use and the method by which 

it is to be performed; 

(b) disclose the best method of performing the invention which is known to the applicant and for 

which he is entitled to claim protection; and 

(c) end with a claim or claims defining the scope of the invention for which protection is claimed. 

5[(d) be accompanied by an abstract to provide technical information on the invention: 

Provided that— 

(i) the Controller may amend the abstract for providing better information to third parties; and 

1. The proviso ins. by Act 15 of 2005, s. 7 (w.e.f. 1-1-2005).  
2. Subs. by s. 7, ibid., for sub-section (3) (w.e.f. 1-1-2005).  
3. Subs. by s. 7, ibid., for “the acceptance of the complete specification” (w.e.f. 1-1-2005).  
4. Subs. by s. 8, ibid., for “before the acceptance of the application” (w.e.f. 1-1-2005).  
5. Ins. by Act 38 of 2002, s. 8 (w.e.f. 20-5-2003). 

12 

                                                           
(ii)  if  the  applicant  mentions  a  biological  material  in  the  specification  which  may  not  be 
described in such a way as to satisfy clauses (a) and (b), and if such material is not available to 
the  public,  the  application  shall  be  completed  by  depositing  1[the  material  to  an  international 
depository  authority  under  the  Budapest  Treaty]  and  by  fulfilling  the  following  conditions, 
namely:— 

2[(A) the deposit of the material shall be made not later than the date of filing the patent 
application  in  India  and  a  reference  thereof  shall  be  made  in  the  specification  within  the 
prescribed period]; 

(B) all the available characteristics of the material required for it to be correctly identified 
or  indicated  are included in  the specification including  the  name,  address  of the  depository 
institution and the date and number of the deposit of the material at the institution; 

(C) access to the material is available in the depository institution only after the date of 

the application for patent in India or if priority is claimed after the date of the priority; 

(D)  disclose  the  source  and  geographical  origin  of  the  biological  material  in  the 

specification, when used in an invention.] 

3[(4A)  In  case  of  an  international  application  designating  India,  the  title,  description,  drawings, 
abstract and claims filed with the application shall be taken as the complete specification for the purposes 
of this Act.] 

4[(5) The claim or claims of a complete specification shall relate to a single invention, or to a group of 
inventions linked so as to form a single inventive concept, shall be clear and succinct and shall be fairly 
based on the matter disclosed in the specification.] 

(6) A declaration as to the inventorship of the invention shall, in such cases as may be prescribed, be 
furnished  in  the  prescribed  form  with  the  complete  specification  or  within  such  period  as  may  be 
prescribed after the filing of that specification. 

(7)  Subject  to  the  foregoing  provisions  of  this  section,  a  complete  specification  filed  after  a 
provisional specification may include claims in respect of developments of, or additions to, the invention 
which was described in the provisional specification, being developments or additions in respect of which 
the  applicant  would  be  entitled  under  the  provisions  of  section  6  to  make  a  separate  application  for  a 
patent. 

11. Priority dates of claims of a complete specification.—(1) There shall be a priority date for each 

claim of a complete specification. 

(2) Where a complete specification is filed in pursuance of a single application accompanied by— 

(a) a provisional specification; or 

(b) a specification which is treated by virtue of a direction under sub-section (3) of section 9 as a 

provisional specification, 

and  the  claim  is  fairly  based  on  the  matter  disclosed  in  the  specification  referred  to  in  clause  (a)  or                
clause (b), the priority date of that claim shall be the date of the filing of the relevant specification. 

(3)  Where  the  complete  specification  is  filed  or  proceeded  with  in  pursuance  of  two  or  more 
applications  accompanied  by  such  specifications  as  are  mentioned  in  sub-section  (2)  and  the  claim  is 
fairly based on the matter disclosed— 

(a) in one of those specifications, the priority date of that claim shall be the date of the filing of 

the application accompanied by that specification; 

1. Subs. by Act 15 of 2005, s. 8, for certain words (w.e.f. 1-1-2005). 
2. Subs. by s. 8, ibid., for sub-clause (A) (w.e.f. 1-1-2005). 
3. Subs. by s. 8, ibid., for sub-section (4A) (w.e.f. 1-1-2005). 
4. Subs. by Act 38 of 2002, s. 8, for sub-section (5) (w.e.f. 20-5-2003). 

13 

                                                           
(b) partly in one and partly in another, the priority date of that claim shall be the date of the filing 

of the application accompanied by the specification of the later date. 

1[(3A) Where a complete specification based on a previously filed application in India has been filed 
within  twelve  months  from  the  date  of  that  application  and  the  claim  is  fairly  based  on  the  matter 
disclosed  in  the  previously  filed  application,  the  priority  date  of  that  claim  shall  be  the  date  of  the 
previously filed application in which the matter was first disclosed.] 

(4)  Where  the  complete  specification  has  been  filed  in  pursuance  of  a  further  application  made  by 
virtue of sub-section (1) of section 16 and the claim is fairly based on the matter disclosed in any of the 
earlier specifications, provisional or complete, as the case may be, the priority date of that claim shall be 
the date of the filing of that specification in which the matter was first disclosed. 

(5)  Where,  under  the  foregoing  provisions  of  this  section,  any  claim  of  a  complete  specification 
would, but for the provisions of this sub-section, have two or more priority dates, the priority date of that 
claim shall be the earlier or earliest of those dates. 

(6) In any case to which sub-sections (2), (3), 1[(3A)], (4) and (5) do not apply, the priority date of a 

claim shall, subject to the provisions of section 137, be the date of filing of the complete specification. 

(7) The reference to the date of the filing of the application or of the complete specification in this 
section shall, in cases where there has been a post-dating under section 9 or section 17 or, as the case may 
be, ante-dating under section 16, be a reference to the date as so post-dated or ante-dated. 

(8) A claim in a complete specification of a patent shall not be invalid by reason only of— 

(a) the publication or use of the invention so far as claimed in that claim on or after the  priority 

date of such claim; or 

(b) the grant of another patent which claims the invention, so far as claimed in the first mentioned 

claim, in a claim of the same or a later priority date. 

CHAPTER IV 

2[PUBLICATION AND EXAMINATION OF APPLICATIONS] 

3[11A.  Publication  of  applications.—4[(1)  Save  as  otherwise  provided,  no  application  for  patent 

shall ordinarily be opened to the public for such period as may be prescribed. 

(2) The applicant may, in the prescribed manner, request the Controller to publish his application at 
any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of 
sub-section (3), the Controller shall publish such application as soon as possible. 

(3) Every application for a patent shall, on the expiry of the period specified under sub-section (1), be 

published, except in cases where the application— 

(a) in which secrecy direction is imposed under section 35; or 

(b) has been abandoned under sub-section (1) of section 9; or 

(c) has been withdrawn three months prior to the period specified under sub-section (1)]. 

1. Ins. by Act 15 of 2005, s. 9 (w.e.f. 1-1-2005). 
2. Subs. by Act 38 of 2002, s. 9, for the Chapter heading “EXAMINATION OF APPLICATION” (w.e.f. 20-5-2003). 
3. Ins. by s. 9, ibid. (w.e.f. 20-5-2003). 
4. Subs. by Act 15 of 2005, s. 10, for sub-sections (1) to (3) (w.e.f. 1-1-2005). 

14 

 
 
                                                           
 
(4)  In  case  a  secrecy  direction  has  been  given  in  respect  of  an  application  under  section  35,  then,          

it shall be published after the expiry of the period 1[prescribed under sub-section (1)] or when the secrecy 
direction has ceased to operate, whichever is later. 

(5) The publication of every application under this section shall include the particulars of the date of 
application, number of application, name and address of the applicant identifying the application and an 
abstract. 

(6) Upon publication of an application for a patent under this section— 

(a)  the  depository  institution  shall  make  the  biological  material  mentioned  in  the  specification 

available to the public; 

(b) the patent office may, on payment of such fee as may be prescribed, make the specification 

and drawings, if any, of such application available to the public. 

2[(7) On and from the date of publication of the application for patent and until the date of grant of a 
patent in respect of such application, the applicant shall have the like privileges and  rights as if a patent 
for the invention had been granted on the date of publication of the application: 

Provided that the applicant shall not be entitled to institute any proceedings for infringement until the 

patent has been granted: 

Provided further that the rights of a patentee in respect of applications made under sub-section (2) of 

section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent: 

Provided also that after a patent is granted in respect of applications made under sub-section (2) of 
section  5,  the  patent-holder  shall  only  be  entitled  to  receive  reasonable  royalty  from  such  enterprises 
which have made significant investment and were producing and marketing the concerned product prior 
to the 1st day of January, 2005 and which continue to manufacture the product covered by the patent on 
the  date  of  grant  of  the  patent  and  no  infringement  proceedings  shall  be  instituted  against  such 
enterprises.] 

11B.  Request  for  examination.—3[(1)  No  application  for  a  patent  shall  be  examined  unless  the 
applicant or any other interested person makes a request in the prescribed manner for such examination 
within the prescribed period.] 

4* 

* 

* 

* 

* 

5[(3) In case of an application in respect of a claim for a patent filed under sub-section (2) of section 5 
before the 1st day of January, 2005 a request for its examination shall be made in the prescribed manner 
and within the prescribed period by the applicant or any other interested person.] 

(4) In case the applicant or any other interested person does not make a request for examination of the 
application for a patent within the period as specified under sub-section (1)  6*** or sub-section (3), the 
application shall be treated as withdrawn by the applicant: 

7[Provided that— 

(i)  the  applicant  may,  at  any  time  after  filing  the  application  but  before  the  grant  of  a  patent, 

withdraw the application by making a request in the prescribed manner; and 

(ii)  in  a  case  where  secrecy  direction  has  been  issued  under  section  35,  the  request  for 
examination  may  be  made  within  the  prescribed  period  from  the  date  of  revocation  of  the  secrecy 
direction.] 

1. Subs. by Act 15 of 2005, s. 10, for “of eighteen months” (w.e.f. 1-1-2005). 
2. Ins. by s. 10, ibid. (w.e.f. 1-1-2005).  
3. Subs. by s. 11, ibid., for sub-section (1) (w.e.f. 1-1-2005).  
4. Sub-section (2) omitted by s. 11, ibid. (w.e.f. 1-1-2005). 
5. Subs. by s. 11, ibid., for sub-section (3) (w.e.f. 1-1-2005).  
6. The words, brackets and figure “or sub-section (2)” omitted by s. 11, ibid. (w.e.f. 1-1-2005).  
7. Subs. by s. 11, ibid., for the proviso (w.e.f. 1-1-2005). 

15 

 
 
 
 
 
 
 
 
                                                           
12.  Examination  of application.—1[(1)  When a  request for  examination  has  been  made  in respect              

of  an  application  for  a  patent  in  the  prescribed  manner  2[under  sub-section  (1)  or  sub-section  (3)  of 
section 11B, the application and specification and other documents related thereto shall be referred at the 
earliest by the Controller] to an examiner for making a report to him in respect of the following matters, 
namely:— 

(a)  whether  the  application  and  the  3[specification  and  other  documents  relating  thereto]  are  in 

accordance with the requirements of this Act and of any rules made thereunder; 

(b) whether there is any lawful ground of objection to the grant of the patent under this Act  in 

pursuance of the application; 

(c) the result of investigations made under section 13; and 

(d) any other matter which may be prescribed. 

(2)  The  examiner  to  whom  the  application  and  the  3[specification  and  other  documents  relating 
thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within 4[such 
period as may be prescribed]. 

13.  Search  for  anticipation  by  previous  publication  and  by  prior  claim.—(1)  The  examiner  to 
whom an application for a patent is referred under section 12 shall make investigation for the purpose of 
ascertaining whether the invention so far as claimed in any claim of the complete specification— 

(a)  has  been  anticipated  by  publication  before  the  date  of  filing  of  the  applicant’s  complete 
specification in any specification filed in pursuance of an application for a patent made in India and 
dated on or after the 1st day of January, 1912; 

(b) is claimed in any claim of any other complete specification published on or after the date of 
filing  of  the  applicant’s  complete  specification,  being  a  specification  filed  in  pursuance  of  an 
application for a patent made in India and dated before or claiming the priority date earlier than that 
date. 

(2)  The  examiner  shall,  in  addition,  make  such  investigation  5***  for  the  purpose  of  ascertaining 
whether the invention, so far as claimed in any claim of the complete specification, has been anticipated 
by publication in India or elsewhere in any document other than those mentioned in sub-section (1) before 
the date of filing of the applicant’s complete specification. 

(3) Where a complete specification is amended under the provisions of this Act before 6[the grant of a 
patent],  the  amended  specification  shall  be  examined  and  investigated  in  like  manner  as  the  original 
specification. 

(4) The examination and investigations required under section 12 and this section shall not be deemed 
in  any  way  to  warrant  the  validity  of  any  patent,  and  no  liability  shall  be  incurred  by  the  Central 
Government  or  any  officer  thereof  by  reason  of,  or  in  connection  with,  any  such  examination  or 
investigation or any report or other proceedings consequent thereon. 

7[14. Consideration of report of examiner by Controller.—Where, in respect of an application for 
a patent, the report of the examiner received by the Controller is adverse to the applicant or requires any 
amendment  of  the  application,  the  specification  or  other  documents  to  ensure  compliance  with  the 
provisions of this Act or of the rules made thereunder, the Controller, before proceeding to dispose of the 
application in accordance with the provisions hereinafter appearing, shall communicate as expeditiously 
as possible the gist of the objections to the applicant and shall, if so required by the applicant within the 
prescribed period, give him an opportunity of being heard. 

1. Subs. by Act 38 of 2002, s. 10, for certain words (w.e.f. 20-5-2003).  
2. Subs. by Act 15 of 2005, s. 12, for certain words, brackets, figures and letter (w.e.f. 1-1-2005). 
3. Subs. by Act 38 of 2002, s. 10, for “specification relating thereto” (w.e.f. 20-5-2003).  
4. Subs. by Act 15 of 2005, s. 12, for “a period of eighteen months from the date of such reference” (w.e.f. 1-1-2005).  
5. The words “as the Controller may direct” omitted by Act 38 of 2002, s. 11 (w.e.f. 20-5-2003).  
6. Subs. by Act 15 of 2005, s. 13, for “it has been accepted” (w.e.f. 1-1-2005).  
7. Subs. by s. 14, ibid., for sections 14 and 15 (w.e.f. 1-1-2005).  

16 

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

cases.—Where the Controller is satisfied that the application or any specification or any other document 
filed  in  pursuance  thereof  does  not  comply  with  the  requirements  of  this  Act  or  of  any  rules  made 
thereunder, the Controller may refuse the application or may require the application, specification or the 
other  documents,  as  the  case  may  be,  to  be  amended  to  his  satisfaction  before  he  proceeds  with  the 
application and refuse the application on failure to do so.] 

16.  Power  of  Controller  to  make  orders  respecting  division  of  application.—(1)  A  person  who 
has made an application for a patent under this Act may, at any time 1[before the grant of the patent], if he 
so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims 
of the complete specification relate to more than one invention, file a further application in respect of an 
invention  disclosed  in  the  provisional  or  complete  specification  already  filed  in  respect  of  the  first 
mentioned application. 

(2) The further application under sub-section (1) shall be accompanied by a complete specification, 
but such complete specification shall not include any matter not in substance disclosed in the complete 
specification filed in pursuance of the first mentioned application. 

(3) The Controller may require such amendment of the complete specification filed in pursuance of 
either  the  original  or  the  further  application  as  may  be  necessary  to  ensure  that  neither  of  the  said 
complete specifications includes a claim for any matter claimed in the other. 

2[Explanation.— For the purposes of this Act, the further application and the complete specification 
accompanying it shall be deemed to have been filed on the date on which the first mentioned application 
had  been  filed,  and  the  further  application  shall  be  proceeded  with  as  a  substantive  application  and  be 
examined when the request for examination is filed within the prescribed period.] 

17.  Power  of  Controller  to  make  orders  respecting  dating  of  application.—(1)  Subject  to  the 
provisions of section 9, at any time after the filing of an application and 3[before the grant of the patent] 
under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct 
that the application shall be post-dated to such date as may be specified in the request, and proceed with 
the application accordingly: 

Provided that no application shall be post-dated under this sub-section to a date later than six months 
from  the  date  on  which  it  was  actually  made  or  would,  but  for  the  provisions  of  this  sub-section,  be 
deemed to have been made. 

4[(2) Where an application or specification (including drawings) or any other documents is required to 
be amended under section 15, the application or specification or other document shall, if the Controller so 
directs, be deemed to have been made on the date on which the requirement is complied with or where the 
application  or  specification  or  other  document  is  returned  to  the  applicant,  on  the  date  on  which  it  is 
refiled after complying with the requirement.] 

18. Power of Controller in cases of anticipation.—(1) Where it appears to the Controller that the 
invention so far as claimed in any claim of the complete specification has been anticipated in the manner 
referred  to  in  clause  (a)  of  sub-section  (1)  or  sub-section  (2)  of  section  13,  he  may  refuse  to  5[the 
application] unless the applicant— 

(a) shows to the satisfaction of the Controller that the priority date of the claim of his complete 

specification is not later than the date on which the relevant document was published; or 

(b) amends his complete specification to the satisfaction of the Controller. 

1. Subs. by Act 15 of 2005, s. 15, for “before the acceptance of the complete specification” (w.e.f. 1-1-2005). 
2. Subs. by s. 15, ibid., for the Explanation (w.e.f. 1-1-2005). 
3. Subs. by s. 16, ibid., for “before the acceptance of the complete specification” (w.e.f. 1-1-2005). 
4. Subs. by Act 38 of 2002, s. 13, for sub-section (2) (w.e.f. 20-5-2003).  
5. Subs. by Act 15 of 2005, s. 17, for “to accept the complete specification” (w.e.f. 1-1-2005).  

17 

                                                           
(2)  If  it  appears  to  the  Controller  that  the  invention  is  claimed  in  a  claim  of  any  other  complete 
specification referred to in clause (b) of sub-section (1) of section 13, he may, subject to the provisions 
hereinafter contained, direct that a reference to that other specification shall be inserted by way of notice 
to the public in the applicant’s complete specification unless within such time as may be prescribed,— 

(a) the applicant shows to the satisfaction of the Controller that the priority date of his claim is 

not later than the priority date of the claim of the said other specification; or 

(b) the complete specification is amended to the satisfaction of the Controller. 

(3) If it appears to the Controller, as a result of an investigation under section 13 or otherwise,— 

(a)  that  the  invention  so  far  as  claimed  in  any  claim  of  the  applicant’s  complete  specification               

has  been  claimed  in  any  other complete  specification referred to in  clause  (a)  of  sub-section (1)  of 
section 13; and 

(b)  that  such  other  complete  specification  was  published  on  or  after  the  priority  date  of  the 

applicant’s claim, 

then, unless it is shown to the satisfaction of the Controller that the priority date of the applicant’s claim is 
not later than  the  priority  date  of the  claim  of that  specification,  the  provisions  of  sub-section  (2)  shall 
apply thereto in the same manner as they apply to a specification published on or after the date of filing of 
the applicant’s complete specification. 

1* 

* 

* 

* 

* 

19.  Powers  of  Controller  in  case  of  potential  infringement.—(1)  If,  in  consequence  of  the 
investigations required 2[under this Act], it appears to the Controller that an invention in respect of which 
an application for a patent has been made cannot be performed without substantial risk of infringement of 
a  claim  of  any  other  patent,  he  may  direct  that  a  reference  to  that  other  patent  shall  be  inserted  in  the 
applicant’s  complete  specification  by  way  of  notice  to  the  public,  unless  within  such  time  as  may  be 
prescribed— 

(a) the applicant shows to the satisfaction of the Controller that there are reasonable grounds for 

contesting the validity of the said claim of the other patent; or 

(b) the complete specification is amended to the satisfaction of the Controller. 

(2)  Where,  after  a  reference  to  another  patent  has  been  inserted  in  a  complete  specification  in 

pursuance of a direction under sub-section (1)— 

(a) that other patent is revoked or otherwise ceases to be in force; or 

(b) the specification of that other patent is amended by the deletion of the relevant claim; or 

(c) it is found, in proceedings before the court or the Controller, that the relevant claim of that 
other patent is invalid or is not infringed by any working of the applicant’s invention, the Controller 
may, on the application of the applicant, delete the reference to that other patent. 

20.  Powers  of  Controller  to  make  orders  regarding  substitution  of  applicants,  etc.—(1)  If  the 
Controller  is  satisfied,  on  a  claim  made  in  the  prescribed  manner  at  any  time  before  a  patent  has  been 
granted,  that  by  virtue  of  any  assignment  or  agreement  in  writing  made  by  the  applicant  or  one  of  the 
applicants for the patent or by operation of law, the claimant would, if the patent were then granted be 
entitled thereto or to the interest of the applicant therein, or to an undivided share of the patent or of that 
interest,  the  Controller  may,  subject  to  the  provisions  of  this  section,  direct  that  the  application  shall 
proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint 
applicant or applicants, accordingly as the case may require. 

(2) No such direction as aforesaid shall be given by virtue of any assignment or agreement made by 
one  of two  or  more joint applicants for a  patent  except  with  the  consent  of  the other joint  applicant  or 
applicants. 

1. Sub-section (4) omitted by Act 15 of 2005, s. 17 (w.e.f. 1-1-2005).  
2. Subs. by s. 18, ibid., for “by the foregoing provisions of this Act or of proceedings under section 25” (w.e.f. 1-1-2005).  

18 

 
 
 
 
 
 
 
                                                           
(3)  No  such  direction  as  aforesaid  shall  be  given  by  virtue of any  assignment  or  agreement for the 

assignment of the benefit of an invention unless— 

(a)  the  invention  is  identified  therein  by  reference  to  the  number  of  the  application  for  the                 

patent; or 

(b)  there  is  produced  to  the  Controller  an  acknowledgment  by  the  person  by  whom  the 
assignment  or  agreement  was  made  that  the  assignment  or  agreement  relates  to  the  invention  in 
respect of which that application is made; or 

(c)  the  rights  of  the  claimant  in  respect  of  the  invention  have  been  finally  established  by  the 

decision of a court; or 

(d)  the  Controller  gives  directions  for  enabling  the  application  to  proceed  or  for  regulating  the 

manner in which it should be proceeded with under sub-section (5). 

(4) Where one of two or more joint applicants for a patent dies at any time before the patent has been 
granted, the Controller may, upon a request in that behalf made by the survivor or survivors, and with the 
consent of the legal representative of the deceased, direct that the application shall proceed in the name of 
the survivor or survivors alone. 

(5)  If  any  dispute  arises  between  joint  applicants  for  a  patent  whether  or  in  what  manner  the 
application should be proceeded with, the Controller may, upon application made to him in the prescribed 
manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give 
such directions as he thinks fit for enabling the application to proceed in the name of one or more of the 
parties  alone  or  for  regulating  the  manner  in  which  it  should  be  proceeded  with,  or  for  both  those 
purposes, as the case may require. 

1[21.  Time  for  putting  application  in  order  for  grant.—(1)  An  application  for  a  patent  shall  be 
deemed  to  have  been  abandoned  unless,  within  such  period  as  may  be  prescribed,  the  applicant  has 
complied with all the requirements imposed on him by or under this Act, whether in connection with the 
complete  specification  or  otherwise  in  relation  to  the  application  from  the  date  on  which  the  first 
statement of objections to the application or complete specification or other documents related thereto is 
forwarded to the applicant by the Controller. 

Explanation.—Where the application for a patent or any specification or, in the case of a convention 
application or an application filed under the Patent Cooperation Treaty designating India any document 
filed as part of the application has been returned to the applicant by the Controller in the course of the 
proceedings, the applicant shall not be deemed to have complied with such requirements unless and until 
he has refiled it or the applicant proves to the satisfaction of the Controller that for the reasons beyond his 
control such document could not be refiled. 

(2) If at the expiration of the period as prescribed under sub-section (1),— 

(a) an appeal to the High Court is pending in respect of the application for the patent for the main 

invention; or 

(b) in the case of an application for a patent of addition, an appeal to the High Court is pending in 
respect of either that application or the application for the main invention, the time within which the 
requirements of the Controller shall be complied with shall, on an application made by the applicant 
before the expiration of the period as prescribed under sub-section (1), be extended until such date as 
the High Court may determine. 

(3) If the time within which the appeal mentioned in sub-section (2) may be instituted has not expired, 
the Controller may extend the period as prescribed under sub-section (1), to such further period as he may 
determine: 

Provided  that  if  an  appeal  has  been  filed  during  the  said  further  period,  and  the  High  Court  has 
granted  any  extension  of  time  for  complying  with  the  requirements  of  the  Controller,  then  the 
requirements may be complied with within the time granted by the Court.] 

1. Subs. by Act 15 of 2005, s. 19, for section 21 (w.e.f. 1-1-2005).  

19 

                                                           
22.  [Acceptance  of  complete  specification.]—Omitted  by  Act  The  Patents  (Amendment)                             

Act, 2005 (15 of 2005), s. 20 (w.e.f. 1-1-2005). 

23. 

[Advertisement  of  acceptance  of  complete  specification.]—Omitted  by  s.  20, 

ibid.                        

(w.e.f. 1-1-2005). 

24. [Effect of acceptance of complete specification.]—Omitted by s. 20, ibid. (w.e.f. 1-1-2005). 

1* 

* 

* 

* 

* 

CHAPTER V 
2[OPPOSITION PROCEEDINGS TO GRANT OF PATENTS] 

3[25.  Opposition  to  the  patent.—(1)  Where  an  application  for  a  patent  has  been  published  but  a 
patent has not been granted, any person may, in writing, represent by way of opposition to the Controller 
against the grant of patent on the ground— 

(a) that the applicant for the patent or the person under or through whom he claims, wrongfully 
obtained  the  invention  or  any  part  thereof  from  him  or  from  a  person  under  or  through  whom  he 
claims; 

(b)  that  the  invention  so  far  as  claimed  in  any  claim  of  the  complete  specification  has  been 

published before the priority date of the claim— 

(i) in any specification filed in pursuance of an application for a patent made in India on or 

after the 1st day of January, 1912; or 

(ii) in India or elsewhere, in any other document: 

Provided  that  the  ground  specified  in  sub-clause  (ii)  shall  not  be  available  where  such 
publication  does  not  constitute  an  anticipation  of  the  invention  by  virtue  of  sub-section  (2)  or     
sub-section (3) of section 29; 

(c) that the invention so far as claimed in any claim of the complete specification is claimed in a 
claim of a complete specification published on or after the priority date of the applicant’s claim and 
filed in pursuance of an application for a patent in India, being  a claim of which the priority date is 
earlier than that of the applicant’s claim; 

(d) that the invention so far as claimed in any claim of the complete specification was publicly 

known or publicly used in India before the priority date of that claim. 

Explanation.—For  the  purposes  of  this  clause,  an  invention  relating  to  a  process  for  which  a 
patent is claimed shall be deemed to have been publicly known or publicly used in India before the 
priority  date  of  the  claim  if  a  product  made  by  that  process  had  already  been  imported  into  India 
before  that  date  except  where  such  importation  has  been  for  the  purpose  of  reasonable  trial  or 
experiment only; 

(e) that the invention so far as claimed in any claim of the complete specification is obvious and 
clearly  does  not  involve  any  inventive  step,  having  regard  to  the  matter  published  as  mentioned  in 
clause (b) or having regard to what was used in India before the priority date of the applicant’s claim; 

(f)  that  the  subject  of  any  claim  of  the  complete  specification  is  not  an  invention  within  the 

meaning of this Act, or is not patentable under this Act; 

(g) that the complete specification does not sufficiently and clearly describe the invention or the 

method by which it is to be performed; 

(h) that the applicant has failed to disclose to the Controller the information required by section 8 

or has furnished the information which in any material particular was false to his knowledge; 

(i)  that  in  the  case  of  a  convention  application,  the  application  was  not  made  within  twelve 
months  from  the  date  of  the  first  application  for  protection  for the  invention  made  in  a  convention 
country by the applicant or a person from whom he derives title; 

1. Chapter IVA omitted by s. 21, ibid. (w.e.f. 1-1-2005).  
2. Subs. by s. 22, ibid., for Chapter Heading (w.e.f. 1-1-2005).  
3. Subs. by s. 23, ibid., for sections 25 and 26 (w.e.f. 1-1-2005).  

20 

 
 
 
 
 
 
 
 
                                                           
(j)  that  the  complete  specification  does  not  disclose  or  wrongly  mentions  the  source  or 

geographical origin of biological material used for the invention; 

(k) that the invention so far as claimed in any claim of the complete specification is anticipated 
having  regard  to  the  knowledge,  oral  or  otherwise,  available  within  any  local  or  indigenous 
community in India or elsewhere, 

but on no other ground and the Controller shall, if requested by such person for being heard, hear him and 
dispose of such representation in such manner and within such period as may be prescribed. 

(2) At any time after the grant of patent but before the expiry of a period of one year from the date of 
publication of grant of a patent, any person interested may give notice of opposition to the Controller in 
the prescribed manner on any of the following grounds, namely:— 

(a)  that  the  patentee  or  the  person  under  or  through  whom  he  claims,  wrongfully  obtained  the 

invention or any part thereof from him or from a person under or through whom he claims; 

(b)  that  the  invention  so  far  as  claimed  in  any  claim  of  the  complete  specification  has  been 

published before the priority date of the claim— 

(i) in any specification filed in pursuance of an application for a patent made in India on or 

after the 1st day of January, 1912; or 

(ii) in India or elsewhere, in any other document: 

Provided  that  the  ground  specified  in  sub-clause  (ii)  shall  not  be  available  where  such 
publication  does  not  constitute  an  anticipation  of  the  invention  by  virtue  of  sub-section  (2)  or  
sub-section (3) of section 29; 

(c) that the invention so far as claimed in any claim of the complete specification is claimed in a 
claim of a complete specification published on or after the priority date of the claim of the patentee 
and filed in pursuance of an application for a patent in India, being a claim of which the priority date 
is earlier than that of the claim of the patentee; 

(d) that the invention so far as claimed in any claim of the complete specification was publicly 

known or publicly used in India before the priority date of that claim. 

Explanation.—For  the  purposes  of  this  clause,  an  invention  relating  to  a  process  for  which  a 
patent is granted shall be deemed to have been publicly known or publicly used in India before the 
priority  date  of  the  claim  if  a  product  made  by  that  process  had  already  been  imported  into  India 
before  that  date  except  where  such  importation  has  been  for  the  purpose  of  reasonable  trial  or 
experiment only; 

(e) that the invention so far as claimed in any claim of the complete specification is obvious and 
clearly  does  not  involve  any  inventive  step,  having  regard  to  the  matter  published  as  mentioned  in 
clause (b) or having regard to what was used in India before the priority date of the claim; 

(f)  that  the  subject  of  any  claim  of  the  complete  specification  is  not  an  invention  within  the 

meaning of this Act, or is not patentable under this Act; 

(g) that the complete specification does not sufficiently and clearly describe the invention or the 

method by which it is to be performed; 

(h) that the patentee has failed to disclose to the Controller the information required by section 8 

or has furnished the information which in any material particular was false to his knowledge; 

(i) that in the case of a patent granted on convention application, the application for patent was 
not made within twelve months from the date of the first application for protection for the invention 
made in a convention country or in India by the patentee or a person from whom he derives title; 

(j)  that  the  complete  specification  does  not  disclose  or  wrongly  mentions  the  source  and 

geographical origin of biological material used for the invention; 

21 

(k) that the invention so far as claimed in any claim of the complete specification was anticipated 
having  regard  to  the  knowledge,  oral  or  otherwise,  available  within  any  local  or  indigenous 
community in India or elsewhere, 

but on no other ground. 

(3) (a) Where any such notice of opposition is duly given under sub-section (2), the Controller shall 

notify the patentee. 

(b)  On  receipt  of  such  notice  of  opposition,  the  Controller  shall,  by  order  in  writing,  constitute  a 
Board to  be  known  as  the Opposition  Board  consisting  of  such  officers  as  he  may  determine  and  refer 
such notice of opposition along with the documents to that Board for examination and submission of its 
recommendations to the Controller. 

(c) Every Opposition Board constituted under clause (b) shall conduct the examination in accordance 

with such procedure as may be prescribed. 

(4) On receipt of the recommendation of the Opposition Board and after giving the patentee and the 
opponent an opportunity of being heard, the Controller shall order either to maintain or to amend or to 
revoke the patent. 

(5) While passing an order under sub-section (4) in respect of the ground mentioned in clause (d) or 
clause (e) of sub-section (2), the Controller shall not take into account any personal document or secret 
trial or secret use. 

(6)  In  case  the  Controller  issues  an  order  under  sub-section  (4)  that  the  patent  shall  be  maintained 
subject  to  amendment  of  the  specification  or  any  other  document,  the  patent  shall  stand  amended 
accordingly. 

26.  In  cases  of  “obtaining”  Controller  may 

treat 

the  patent  as 

the  patent  of                           

opponent.—(1) Where in any opposition proceeding under this Act the Controller finds that— 

(a) the invention, so far as claimed in any claim of the complete specification, was obtained from 
the  opponent  in  the  manner  set  out  in  clause  (a)  of  sub-section  (2)  of  section  25  and  revokes  the 
patent  on that  ground, he may,  on  request  by  such  opponent  made in  the  prescribed  manner,  direct 
that the patent shall stand amended in the name of the opponent; 

(b)  a  part  of  an  invention  described  in  the  complete  specification  was  so  obtained  from  the 
opponent, he may pass an order requiring that the specification be amended by the exclusion of that 
part of the invention. 

(2) Where an opponent has, before the date of the order of the Controller requiring the amendment of 
a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an 
invention which included the whole or a part of the invention held to have been obtained from him and 
such application is pending, the Controller may treat such application and specification in so far as they 
relate to the invention held to have been obtained from him, as having been filed, for the purposes of this 
Act  relating  to  the  priority  dates  of  claims  of  the  complete  specification,  on  the  date  on  which  the 
corresponding document was or was deemed to have been filed by the patentee in the earlier application 
but for all other purposes the application of the opponent shall be proceeded with as an application for a 
patent under this Act.] 

27.  [Refusal  of  patent  without  opposition.]—Omitted  by  Act 

the  Patents  (Amendment)                             

Act, 2005 (15 of 2005), s. 20 (w.e.f. 1-1-2005). 

28.  Mention  of  inventor  as  such  in  patent.—(1)  If  the  Controller  is  satisfied,  upon  a  request  or 

claim made in accordance with the provisions of this section,— 

(a) that the person in respect of or by whom the request or claim is made is the inventor of an 
invention in respect of which application for a patent has been made, or of a substantial part of that 
invention; and 

(b) that the application for the patent is a direct consequence of his being the inventor, 

22 

the Controller shall, subject to the provisions of this section, cause him to be mentioned as inventor in any 
patent granted in pursuance of the application in the complete specification and in the register of Patents: 

Provided that the mention of any person as inventor under this section shall not confer or derogate 

from any rights under the patent. 

(2) A request that any person shall be mentioned as aforesaid may be made in the prescribed manner 
by the applicant for the patent or (where the person alleged to be the inventor is not the applicant or one 
of the applicants) by the applicant and that person. 

(3) If any person [other than a person in respect of whom a request in relation to the application in 
question has been made under sub-section (2)] desires to be mentioned as aforesaid, he may make a claim 
in the prescribed manner in that behalf. 

1[(4) A request or claim under the foregoing provisions of this section shall be made before the grant 

of patent.] 

2* 

* 

* 

* 

* 

(6)  3[Where] a claim is made under sub-section (3), the Controller shall give notice of the claim to 
every applicant for the patent (not being the claimant) and to any other person whom the Controller may 
consider to be interested; and before deciding upon any request or claim made under sub-section (2) or 
sub-section (3), the Controller shall, if required, hear the person in respect of or by whom the request or 
claim is made, and, in the case of a claim under sub-section (3), any person to whom notice of the claim 
has been given as aforesaid. 

(7) Where any person has been mentioned as inventor in pursuance of this section any other person 
who alleges that he ought not to have been so mentioned may at any time  apply to the Controller for a 
certificate  to  that  effect,  and  the  Controller  may,  after  hearing,  if  required,  any  person  whom  he  may 
consider to be interested, issue such a certificate, and if he does so, he shall rectify the specification and 
the register accordingly. 

CHAPTER VI 

ANTICIPATION 

29.  Anticipation  by  previous  publication.—(1)  An  invention  claimed  in  a  complete  specification 
shall  not  be  deemed  to  have  been  anticipated  by  reason  only  that  the  invention  was  published  in  a 
specification filed in pursuance of an application for a patent made in India and dated before the 1st day 
of January, 1912. 

(2)  Subject  as  hereinafter  provided,  an  invention  claimed  in  a  complete  specification  shall  not  be 
deemed to have been anticipated by reason only that the invention was published before the priority date 
of the relevant claim of the specification, if the patentee or the applicant for the patent proves— 

(a) that the matter published was obtained from him, or (where he is not himself the true and first 
inventor) from any person from whom he derives title, and was published without his consent or the 
consent of any such person; and 

(b) where the patentee or the applicant for the patent or any person from whom he derives title 
learned  of  the  publication  before  the  date  of  the  application  for  the  patent,  or,  in  the  case  of  a 
convention application, before the date of the application for protection in a convention country, that 
the application or the application in the convention country, as the case may be, was made as soon as 
reasonably practicable thereafter: 

1. Subs. by Act 15 of 2005, s. 25, for sub-section (4) (w.e.f. 1-1-2005).  
2. Sub-section (5) omitted by s. 25, ibid. (w.e.f. 1-1-2005).  
3. Subs. by s. 25, ibid., for “Subject to the provisions of sub-section (5), where” (w.e.f. 1-1-2005).  

23 

 
 
 
 
 
 
 
 
                                                           
Provided that this sub-section shall not apply if the invention was before the priority date of the claim 
commercially worked in India, otherwise than for the purpose of reasonable trial, either by the patentee or 
the  applicant  for  the  patent  or  any  person  from  whom  he  derives  title  or  by  any  other  person  with  the 
consent of the patentee or the applicant for the patent or any person from whom he derives title. 

(3)  Where  a  complete  specification  is  filed  in  pursuance  of  an  application  for  a  patent  made  by  a 
person  being  the  true  and  first  inventor  or  deriving  title  from  him,  an  invention  claimed  in  that 
specification shall not be deemed to have been anticipated by reason only of any other application for a 
patent in respect of the same  invention made in contravention of the rights of that person, or by reason 
only that after the date of filing of that other application the invention was used or published, without the 
consent  of  that  person,  by  the  applicant  in  respect  of  that  other  application  or  by  any  other  person  in 
consequence of any disclosure of any invention by that applicant. 

30.  Anticipation  by  previous  communication  to  Government.—An  invention  claimed  in  a 
complete specification shall not be deemed to have been anticipated by reason only of the communication 
of  the  invention  to  the  Government  or  to  any  person  authorised  by  the  Government  to  investigate  the 
invention or its merits, or of anything done, in consequence of such a communication, for the purpose of 
the investigation. 

31. Anticipation by public display, etc.—An invention claimed in a complete specification shall not 

be deemed to have been anticipated by reason only of— 

(a) the display of the invention with the consent of the true and first inventor or a person deriving 
title from him at an industrial or other exhibition to which the provisions of this section have been 
extended by the Central Government by notification in the Official Gazette, or the use thereof with 
his consent for the purpose of such an exhibition in the place where it is held; or 

(b) the publication of any description of the invention in consequence of the display or use of the 

invention at any such exhibition as aforesaid; or 

(c) the use of the invention, after it has been displayed or used at any such exhibition as aforesaid 
and  during  the  period  of  the  exhibition,  by  any  person  without  the  consent  of  the  true  and  first 
inventor or a person deriving title from him; or 

(d) the description of the invention in a paper read by the true and first inventor before a learned 

society or published with his consent in the transactions of such a society, 

if the application for the patent is made by the true and first inventor or a person deriving title from him 
1[not  later  than  twelve  months]  after  the  opening  of  the  exhibition  or  the  reading  or  publication  of  the 
paper, as the case may be. 

32. Anticipation by public working.—An invention claimed in a complete specification shall not be 
deemed to have been anticipated by reason only that at any time within one year before the priority date 
of the relevant claim of the specification, the invention was publicly worked in India— 

(a) by the patentee or applicant for the patent or any person from whom he derives title; or 

(b) by any other person with the consent of the patentee or applicant for the patent or any person 

from whom he derives title, 

if the working was effected for the purpose of reasonable trial only and if it was reasonably necessary, 
having  regard  to  the  nature  of  the  invention,  that  the  working  for  that  purpose  should  be  effected  in 
public. 

33.  Anticipation  by  use  and  publication  after  provisional  specification.—(1)  Where  a  complete 
specification  is  filed  or  proceeded  with  in  pursuance  of  an  application  which  was  accompanied  by  a 
provisional specification or where a complete specification filed along with an application is treated by 
virtue  of  a  direction  under  sub-section  (3)  of  section  9  as  a  provisional  specification,  then, 
notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the 
patent  shall  not  be  revoked  or  invalidated,  by  reason  only  that  any  matter  described  in  the  provisional 
specification or in the specification treated as aforesaid as a provisional specification was used in India or 
published in India or elsewhere at any time after the date of the filing of that specification. 

1. Subs. by Act 15 of 2005, s. 26, for “not later than six months” (w.e.f. 1-1-2005).  

24 

                                                           
(2)  Where  a  complete  specification  is  filed  in  pursuance  of  a  convention  application,  then, 
notwithstanding anything contained in this Act, the Controller shall not refuse to grant the patent, and the 
patent shall not be revoked or invalidated, by reason only that any matter disclosed in any application for 
protection in a convention country upon which the convention application is founded was used in India or 
published in India or elsewhere at any time after the date of that application for protection. 

34.  No  anticipation 

if  circumstances  are  only  as  described 
and 32.—Notwithstanding anything contained in this Act, the Controller shall not refuse  1*** to grant a 
patent, and a patent shall not be revoked or invalidated by reason only of any circumstances which, by 
virtue  of  section  29  or  section  30  or  section  31  or  section  32,  do  not  constitute  an  anticipation  of  the 
invention claimed in the specification. 

in  sections  29,  30,  31                        

CHAPTER VII 

PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS 

35.  Secrecy  directions  relating  to  inventions  relevant  for  defence  purposes.—(1)  Where,  in 
respect of an application made before or after the commencement of this Act for a patent, it appears to the 
Controller that the invention is one of a class notified to him by the Central Government as relevant for 
defence  purposes,  or,  where  otherwise  the  invention  appears  to  him  to  be  so  relevant,  he  may  give 
directions for prohibiting or restricting the publication of information with respect to the invention or the 
communication of such information 2***. 

(2) Where the Controller gives any such directions as are referred to in sub-section (1), he shall give 
notice  of the application and  of  the  directions  to  the Central  Government,  and the  Central  Government 
shall, upon receipt of such notice, consider whether the publication of the invention would be prejudicial 
to the defence of India, and if upon such consideration, it appears to it that the publication of the invention 
would  not  so  prejudice,  give  notice  to  the  Controller  to  that  effect,  who  shall  thereupon  revoke  the 
directions and notify the applicant accordingly. 

(3) Without prejudice to the provisions contained in sub-section (1), where the Central Government         
is  of  opinion  that  an  invention  in  respect  of  which  the  Controller  has  not  given  any  directions  under              
sub-section (1), is relevant for defence purposes, it may at any time before  3[grant of patent] notify the 
Controller to that effect, and thereupon the provisions of that sub-section shall apply as if the invention 
were one of the class notified by the Central Government, and accordingly the Controller shall give notice 
to the Central Government of the directions issued by him. 

36.  Secrecy  directions  to  be  periodically  reviewed.—4[(1)  The  question  whether  an  invention  in 
respect  of  which  directions  have  been  given  under  section  35  continues  to  be  relevant  for  defence 
purposes shall be reconsidered by the Central Government at intervals of  5[six months] or on a request 
made by the applicant which is found to be reasonable by the Controller and if, on such reconsideration it 
appears to the Central Government that the publication of the invention would no longer be prejudicial to 
the defence of India or in case of an application filed by a foreign applicant it is found that the invention 
is published outside India it shall forthwith give notice to the Controller to revoke the direction and the 
Controllers shall thereupon revoke the directions previously given by him.] 

(2) The result of every re-consideration under sub-section (1), shall be communicated to the applicant 

within such time and in such manner as may be prescribed. 

37. Consequences of secrecy directions.—(1) So long as any directions under section 35 are in force 

in respect of an application— 

(a) the Controller shall not pass an order refusing 6[to grant] the same; and 

1. The words “to accept complete specification for a patent or” omitted by Act 15 of 2005, s. 27 (w.e.f. 1-1-2005).  
2. The words “to any person or class of persons specified in the directions” omitted by Act 38 of 2002, s. 19 (w.e.f. 20-5-2003).   
3. Subs. by Act 15 of 2005, s. 28, for “acceptance of complete specification” (w.e.f. 1-1-2005).  
4. Subs. by Act 38 of 2002, s. 20, for sub-section (1) (w.e.f. 20-5-2003).  
5 Subs. by Act 15 of 2005, s. 29, for “twelve months” (w.e.f. 1-1-2005). 
6. Subs. by s. 30, ibid., for “to accept” (w.e.f. 1-1-2005). 

25 

                                                           
(b)  notwithstanding  anything  contained  in  this  Act,  no  appeal  shall  lie  from  any  order  of  the 

Controller passed in respect thereof: 

1[Provided that the application may, subject to the directions, proceed up to the stage of grant of the 
patent, but the application and the specification found to be in order for grant of the patent shall not be 
published, and no patent shall be granted in pursuance of that application.] 

(2) Where a complete specification filed in pursuance of an application for a patent for an invention 
in respect of which directions have been given under section 35  2[is found to be in order for grant of the 
patent] during the continuance in force of the directions, then— 

(a) if, during the continuance in force of the directions, any use of the invention is made by or on 
behalf of, or to the order of the Government, the provisions of sections 100, 101 and 103 shall apply 
in relation to that use as if the patent had been granted for the invention ; and 

(b) if it appears to the Central Government that the applicant for the patent has suffered hardship 
by  reason  of  the  continuance  in  force  of  the  directions,  the  Central  Government  may  make  to  him 
such  payment  (if  any)  by  way  of  solatium  as  appears  to  the  Central  Government  to  be  reasonable 
having regard to the novelty and utility of the invention and the purpose for which it is designed, and 
to any other relevant circumstances. 

(3) Where a patent is granted in pursuance of an application in respect of which directions have been 
given  under  section  35,  no  renewal  fee  shall  be  payable  in  respect  of  any  period  during  which  those 
directions were in force. 

38.  Revocation  of  secrecy  directions  and  extension  of  time.—When  any  direction  given  under 
section  35  is  revoked  by  the  Controller,  then,  notwithstanding  any  provision  of  this  Act  specifying  the 
time  within  which  any  step  should  be  taken  or  any  act  done  in  connection  with  an  application  for  the 
patent, the Controller may, subject to such conditions, if any, as he thinks fit to impose, extend the time 
for  doing  anything  required  or  authorised  to  be  done  by  or  under  this  Act  in  connection  with  the 
application, whether or not that time has previously expired. 

3[39. Residents not to apply for patents outside India without prior permission.—(1) No person 
resident in India shall, except under the authority of a written permit sought in the manner prescribed and 
granted by or on behalf of the Controller, make or cause to be made any application outside India for the 
grant of a patent for an invention unless— 

(a) an application for a patent for the same invention has been made in India, not less than six 

weeks before the application outside India; and 

(b)  either  no  direction  has  been  given  under  sub-section  (1)  of  section  35  in  relation  to  the 

application in India, or all such directions have been revoked. 

(2) The Controller shall dispose of every such application within such period as may be prescribed: 

Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall 

not grant permit without the prior consent of the Central Government. 

(3) This section shall not apply in relation to an invention for which an application for protection has 

first been filed in a country outside India by a person resident outside India.] 

1. Subs. by Act 15 of 2005, s. 30, for the proviso (w.e.f. 1-1-2005).  
2. Subs. by s. 30, ibid., for “is accepted” (w.e.f. 1-1-2005).  
3. Subs by s. 31, ibid., for section 39 (w.e.f. 1-1-2005).  

26 

                                                           
40.  Liability for  contravention  of  section  35  or  section  39.—Without prejudice  to the  provisions 
contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction 
as to secrecy given by the Controller under section 35 1[or makes or causes to be made an application for 
grant of a patent outside India in contravention of section 39], or the application for patent under this Act 
shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under 
section 64. 

 41.  Finality  of  orders  of  Controller  and  Central  Government.—All  orders  of  the  Controller 
giving directions as to secrecy as well as all orders of the Central Government under this Chapter shall be 
final and shall not be called in question in any court on any ground whatsoever. 

 42.  Savings  respecting  disclosure to  Government.—Nothing  in  this  Act  shall  be  held  to  prevent 
the disclosure by the Controller of information concerning an application for a patent or a specification 
filed in pursuance thereof to the Central Government for the purpose of the application or specification 
being examined for considering whether an order under this Chapter should be made or whether an order 
so made should be revoked. 

CHAPTER VIII 

2[GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY] 

3[43. Grant of patents.—(1) Where an application for a patent has been found to be in order for grant 

of the patent and either— 

(a) the application has not been refused by the Controller by virtue of any power vested in him by 

this Act; or 

(b) the application has not been found to be in contravention of any of the provisions of this Act, 

the  patent  shall  be  granted  as  expeditiously  as  possible  to  the  applicant  or,  in  the  case  of  a  joint 
application, to the applicants jointly, with the seal of the patent office and the date on which the patent is 
granted shall be entered in the register. 

(2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and 
thereupon  the  application,  specification  and  other  documents  related  thereto  shall  be  open  for  public 
inspection.] 

44. Amendment of patent granted to deceased applicant.—Where, at any time after a patent has 
been 4[granted] in pursuance of an application under this Act, the Controller is satisfied that the person to 
whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before the 
patent was 4[granted], the Controller may amend the patent by substituting for the name of that person the 
name of the person to whom the patent ought to have been granted, and the patent shall have effect, and 
shall be deemed always to have had effect, accordingly. 

45. Date of patent.—5[(1) Subject to the other provisions contained in this Act, every patent shall be 

dated as of the date on which the application for patent was filed.] 

(2) The date of every patent shall be entered in the register. 

(3)  Notwithstanding  anything  contained  in  this  section,  no  suit  or  other  proceeding  shall  be 
commenced or prosecuted in respect of an infringement committed before 6[the date of publication of the 
application]. 

1. Ins. by Act 38 of 2002, s. 22 (w.e.f. 20-5-2003). 
2. Subs. by Act 15 of 2005, s. 32, for Chapter Heading (w.e.f. 1-1-2005).  
3. Subs. by s. 33, ibid., for section 43 (w.e.f. 1-1-2005).  
4. Subs. by s. 34, ibid., for “sealed” (w.e.f. 1-1-2005).  
5. Subs. by Act 38 of 2002, s. 24, for sub-section (1) (we.f. 20-5-2003).  
6. Subs. by Act 15 of 2005, s. 35, for certain words (we.f. 1-1-2005). 

27 

                                                           
46. Form, extent and effect of patent.—(1) Every patent shall be in the prescribed form and shall 

have effect throughout India. 

(2) A patent shall be granted for one invention only: 

Provided  that  it  shall  not  be  competent  for  any  person  in  a  suit  or  other  proceeding  to  take  any 

objection to a patent on the ground that it has been granted for more than one invention. 

47. Grant of patents to be subject to certain conditions.—The grant of a patent under this Act shall 

be subject to the condition that— 

(1)  any  machine,  apparatus  or  other  article  in  respect  of  which  the  patent  is  granted  or  any  article 
made  by  using  a  process  in  respect  of  which the patent is  granted,  may  be  imported  or  made  by  or on 
behalf of the Government for the purpose merely of its own use; 

(2)  any  process  in  respect  of  which  the  patent  is  granted  may  be  used  by  or  on  behalf  of  the 

Government for the purpose merely of its own use; 

(3)  any  machine,  apparatus  or  other  article  in  respect  of  which  the  patent  is  granted  or  any  article 
made by the use of the process in respect of which the patent is granted, may be made or used, and any 
process in respect of which the patent is granted may be used, by any person, for the purpose merely of 
experiment or research including the imparting of instructions to pupils; and 

(4) in the case of a patent in respect of any medicine or drug, the medicine or drug may be imported 
by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or 
other medical institution maintained by or on behalf of the Government or any other dispensary, hospital 
or other medical institution which the Central Government may, having regard to the public service that 
such  dispensary,  hospital  or  medical  institution  renders,  specify  in  this  behalf  by  notification  in  the 
Official Gazette. 

1[48. Rights of patentees.—Subject to the other provisions contained in this Act and the conditions 

specified in section 47, a patent granted under this Act shall confer upon the patentee— 

(a) where the subject matter of the patent is a product, the exclusive right to prevent third parties, 
who do not have his consent, from the act of making, using, offering for sale, selling or importing for 
those purposes that product in India; 

(b) where the subject matter of the patent is a process, the exclusive right to prevent third parties, 
who do not have his consent, from the act of using that process, and from the act of using, offering for 
sale, selling or importing for those purposes the product obtained directly by that process in India. 

2* 

* 

* 

* 

*] 

49. Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in 
India.—(1) Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person 
ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily 
or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed 
by the use of the invention— 

(a) in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so 

far as the invention is used on board the vessel and for its actual needs only; or 

(b) in the construction or working of the aircraft or land vehicle or of the accessories thereof, as 

the case may be. 

(2)  This  section  shall  not  extend  to  vessels,  aircraft  or  land  vehicles  owned  by  persons  ordinarily 
resident in a foreign country the laws of which do not confer corresponding rights with respect to the use 
of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in 
the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its 
courts. 

1. Subs. by Act 38 of 2002, s. 25, for section 48 (w.e.f. 20-5-2003). 
2. The proviso omitted by Act 15 of 2005, s. 36 (w.e.f. 1-1-2005). 

28 

 
 
 
 
 
 
 
 
                                                           
50. Rights of co-owners of patents.—(1) Where a patent is granted to two or more persons, each of 
those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share 
in the patent. 

(2) Subject to the provisions contained in this section and in section 51, where two or more persons 
are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, 
each of those persons shall be entitled, by himself or his agents, to  1[the rights conferred by section 48] 
for his own benefit without accounting to the other person or persons. 

(3) Subject to the provisions contained in this section and in section 51 and to any agreement for the 
time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a 
licence under the patent shall not be granted and a share in the patent shall not be assigned by one of such 
persons except with the consent of the other person or persons. 

(4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor 
of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in 
the same manner as if the article had been sold by a sole patentee. 

(5)  Subject to  the  provisions  contained in  this  section,  the rules  of law applicable  to  the ownership 
and devolution of movable property generally shall apply in relation to patents; and nothing contained in 
sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the legal 
representatives of a deceased person or their rights or obligations as such. 

(6)  Nothing  in  this  section  shall  affect  the  rights  of  the  assignees  of  a  partial  interest  in  a  patent 

created before the commencement of this Act. 

51.  Power  of  Controller  to  give  directions  to  co-owners.—(1)  Where  two  or  more  persons  are 
registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the 
prescribed manner by any of those persons, give such directions in accordance with the application as to 
the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the exercise 
of any right under section 50 in relation thereto, as he thinks fit. 

(2) If any person registered as grantee or proprietor of a patent fails to execute any instrument or to do 
any other thing required for the carrying out of any direction given under this section within fourteen days 
after being requested in writing so to do by any of the other persons so registered, the Controller may, 
upon  application  made  to  him  in  the  prescribed  manner  by  any  such  other  person,  give  directions 
empowering any person to execute that instrument or to do that thing in the name and on behalf of the 
person in default. 

(3) Before giving any directions in pursuance of an application under this section, the Controller shall 

give an opportunity to be heard— 

(a) in the case of an application under sub-section (1), to the other person or persons registered as 

grantee or proprietor of the patent; 

(b) in the case of an application under sub-section (2), to the person in default. 

(4)  No  direction  shall  be  given  under  this  section  so  as  to  affect  the  mutual  rights  or  obligation  of 
trustees or of the legal representatives of a deceased person or of their rights or obligations as such, or 
which is inconsistent with the terms of any agreement between persons registered as grantee or proprietor 
of the patent. 

1. Subs. by Act 38 of 2002, s. 26, for “make, use, exercise and sell the patented invention” (w.e.f. 20-5-2003).  

29 

                                                           
52. Grant of patent to true and first inventor where it has been obtained by another in fraud of 
him.—(1)  1[Where  the  patent  has  been  revoked  under  section  64]  on  the  ground  that  the  patent  was 
obtained wrongfully and in contravention of the rights of the petitioner or any person under or through 
whom he claims, or, where in a petition for revocation, the 2[ 3*** court], instead of revoking the patent, 
directs the complete specification to be amended by the exclusion of a claim or claims in consequence of 
a finding that the invention covered by such claim or claims had been obtained from the petitioner, the  2[ 
3*** court] may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or 
such part of the invention which the 2[ 3*** court] finds has been wrongfully obtained by the patentee, in 
lieu of the patent so revoked or is excluded by amendment. 

(2)  Where  any  such  order  is  passed,  the  Controller  shall,  on  request  by  the  petitioner  made  in  the 

prescribed manner grant to him:— 

(i) in cases where the  2[  3*** court] permits the whole of the patent to be granted, a new patent 

bearing the same date and number as the patent revoked; 

(ii) in cases where the 2[ 3*** court] permits a part only of the patent to be granted, a new patent 
for such part bearing the same date as the patent revoked and numbered in such manner as may be 
prescribed: 

Provided that the Controller may, as a condition of such grant, require the petitioner to file a new and 
complete  specification  to  the  satisfaction  of  the  Controller  describing  and  claiming  that  part  of  the 
invention for which the patent is to be granted. 

(3)  No  suit  shall  be  brought  for  any  infringement  of  a  patent  granted  under  this  section committed 

before the actual date on which such patent was granted. 

53.  Term  of  patent.—4[(1)  Subject  to  the  provisions of  this  Act,  the term  of  every  patent  granted, 
after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has 
not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be 
twenty years from the date of filing of the application for the patent.] 

5[Explanation.—For  the  purposes  of  this  sub-section,  the  term  of  patent  in  case  of  International 
applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the 
international filing date accorded under the Patent Cooperation Treaty.] 

(2)  A  patent  shall  cease  to  have  effect  notwithstanding  anything  therein  or  in  this  Act  on  the 
expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the 
prescribed period 6[or within such extended period as may be prescribed]. 
* 

7* 
8[(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of 
the  patent  right  due  to  non-payment  of  renewal  fee  or  on  the  expiry  of  the  term  of  patent,  the  subject 
matter covered by the said patent shall not be entitled to any protection.] 

* 

* 

* 

CHAPTER IX 
PATENTS OF ADDITION 

54.  Patents  of  addition.—(1)  Subject  to  the  provisions  contained  in  this  section,  where  an 
application  is  made  for  a  patent  in  respect  of  any  improvement  in  or  modification  of  an  invention 
described  or  disclosed  in  the  complete  specification  filed  therefor  (in  this  Act  referred  to  as  the  “main 
invention”) and the applicant also applies or has applied for a patent for that invention or is the patentee in 
respect thereof, the Controller may, if the applicant so requests, grant the patent for the improvement or 
modification as a patent of addition. 

1. Subs. by Act 15 of 2005, s. 37, for “Where a patent has been revoked” (w.e.f. 1-1-2005).  
2. Subs. by s. 37, ibid., for “court” (w.e.f. 2-4-2007).   
3. The word “Appellate Board”  omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 
4. Subs. by Act 38 of 2002, s. 27, for sub-section (1) (w.e.f. 20-5-2003).  
5. The Explanation ins. by Act 15 of 2005, s. 38 (w.e.f. 1-1-2005).   
6. Subs. by s. 38, ibid., for “or within that period as extended under this section” (w.e.f. 1-1-2005).  
7. Sub-section (3) omitted by s. 38, ibid. (w.e.f. 1-1-2005).  
8. Ins. by Act 38 of 2002, s. 27 (w.e.f. 20-5-2003).  

30 

 
 
 
 
 
 
 
 
                                                           
(2) Subject to the provisions contained in this section, where an invention, being an improvement in 
or modification of another invention, is the subject of an independent patent and the patentee in respect of 
that patent is also the patentee in respect of the patent for the main invention, the Controller may, if the 
patentee  so  requests,  by  order,  revoke  the  patent  for  the  improvement  or  modification  and  grant  to  the 
patentee a patent of addition in respect thereof, bearing the same date as the date of the patent so revoked. 
(3) A patent shall not be granted as a patent of addition unless the date of filing of the  1[application] 

was the same as or later than the date of filing of the 1[application] in respect of the main invention. 
2[(4) A patent of addition shall not be granted before grant of the patent for the main invention]. 
55. Term of patents of addition.—(1) A patent of addition shall be granted for a term equal to that 
of  the  patent  for  the  main  invention,  or  so  much  thereof  as  has  not  expired,  and  shall  remain  in  force 
during that term or until the previous cesser of the patent for the main invention and no longer: 

Provided that if the patent for the main invention is revoked under this Act, the court, or, as the case 
may be, the Controller, on request made to him by the patentee in the prescribed manner, may order that 
the patent of addition shall become an independent patent for the remainder of the term for the patent for 
the main invention and thereupon the patent shall continue in force as an independent patent accordingly. 

(2)  No  renewal  fees  shall  be  payable  in  respect  of  a  patent  of  addition,  but,  if  any  such  patent 
becomes an independent patent under sub-section (1), the same fees shall thereafter be payable, upon the 
same dates, as if the patent had been originally granted as an independent patent. 

56. Validity of patents of addition.—(1) The grant of a patent of addition shall not be refused, and a 
patent  granted  as  a  patent  of  addition  shall  not  be  revoked  or  invalidated,  on  the  ground  only  that  the 
invention claimed in the complete specification does not involve any inventive step having regard to any 
publication or use of— 

(a) the main invention described in the complete specification relating thereto; or 

(b)  any  improvement  in  or  modification  of  the  main  invention  described  in  the  complete 
specification of a patent of addition to the patent for the main invention or of an application for such a 
patent of addition, 

and the validity of a patent of addition shall not be questioned on the ground that the invention ought to 
have been the subject of an independent patent. 

(2) For the removal of doubts it is hereby declared that in determining the novelty of the invention 
claimed in the complete specification filed in pursuance of an application for a patent of addition regard 
shall be had also to the complete specification in which the main invention is described. 

CHAPTER X 
AMENDMENT OF APPLICATIONS AND SPECIFICATIONS 

57. Amendment of application and specification before Controller.—(1) Subject to the provisions 
of section 59, the Controller may, upon application made under this section in the prescribed manner by 
an  applicant  for  a  patent  or  by  a  patentee,  allow  the  application  for  the  patent  or  the  complete 
specification 3[or any document relating thereto] to be amended subject to such conditions, if any, as the 
Controller thinks fit: 

Provided that the Controller shall not pass any order allowing or refusing an application to amend an 
application for a patent or a specification 3[or any document relating thereto] under this section while any 
suit  before  a  court  for  the  infringement  of  the  patent  or  any  proceeding  before  the  High  Court  for  the 
revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing 
of the application to amend. 

(2) Every application for leave to amend an application for a patent  4[or a complete specification or 
any document relating thereto] under this section shall state the nature of the proposed amendment, and 
shall give full particulars of the reasons for which the application is made. 

1. Subs. by Act 15 of 2005, s. 39, for “complete specification” (w.e.f. 1-1-2005).  
2. Subs. by s. 39, ibid., for sub-section (4) (w.e.f. 1-1-2005).  
3. Ins. by Act 38 of 2002, s. 28 (w.e.f. 20-5-2003). 
4. Subs. by s. 28, ibid., for “or a specification” (w.e.f. 20-5-2003).  

31 

                                                           
1[(3) Any application for leave to amend an application for a patent or a complete specification or a 
document related thereto under this section made after the grant of patent and the nature of the proposed 
amendment may be published.] 

(4) Where an application is 2[published] under sub-section (3), any person interested may, within the 
prescribed period after the  3[publication] thereof, give notice to the Controller of opposition thereto; and 
where such a notice is given within the period aforesaid, the Controller shall notify the person by whom 
the application under this section is made and shall give to that person and to the opponent an opportunity 
to be heard before he decides the case. 

(5) An amendment under this section of a complete specification may be, or include, an amendment 

of the priority date of a claim. 

4[(6) The provisions of this section shall be without prejudice to the right of an applicant for a patent 
to  amend  his  specification  or  any  other  document  related  thereto  to  comply  with  the  directions  of  the 
Controller issued before the grant of a patent.] 

5[58. Amendment of specification before  Appellate Board or High Court.—(1) In any proceeding 
before the 6*** the High Court for the revocation of a patent, the 6*** the High Court, 7***, may, subject 
to the provisions contained in section 59, allow the patentee to amend his complete specification in such 
manner and subject to such terms as to costs, advertisement or otherwise, as the 6*** the High Court may 
think  fit,  and  if  in  any  proceedings  for  revocation  the  6***  the  High  Court  decides  that  the  patent  is 
invalid, it may allow the specification to be amended under this section instead of revoking the patent. 

(2)  Where  an  application  for  an  order  under  this  section  is  made  to  the  6***  the  High  Court,  the 
applicant  shall  give  notice  of  the  application  to  the  Controller,  and  the  Controller  shall  be  entitled  to 
appear and be heard, and shall appear if so directed by the 6*** the High Court. 

(3) Copies of all orders of the  6*** the High Court allowing the patentee to amend the specification 
shall be transmitted by the  6*** the High Court to the Controller who shall, on receipt thereof, cause an 
entry thereof and reference thereto to be made in the register.] 

59.  Supplementary  provisions  as  to  amendment  of  application  or  specification.—8[(1)  No 
amendment  of  an  application  for  a  patent  or  a  complete  specification  or  any  document  relating  thereto 
shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be 
allowed,  except  for  the  purpose  of  incorporation  of  actual  fact,  and  no  amendment  of  a  complete 
specification  shall  be  allowed,  the  effect  of  which  would  be  that  the  specification  as  amended  would 
claim or describe matter not in substance disclosed or shown in the specification before the amendment, 
or that any claim of the specification as amended would not fall wholly within the scope of a claim of the 
specification before the amendment.] 

9[(2)  Where  after  the  date  of  grant  of  patent  any  amendment  of  the  specification  or  any  other 

documents related thereto is allowed by the Controller or by 10*** the High Court, as the case may be,— 

(a) the amendment shall for all purposes be deemed to form part of the specification along with 

other documents related thereto; 

(b) the fact that the specification or any other documents related thereto has been amended shall 

be published as expeditiously as possible; and 

1. Subs. by Act 15 of 2005, s. 40, for sub-section (3) (w.e.f. 1-1-2005).  
2. Subs. by s. 40, ibid., for “advertised” (w.e.f. 1-1-2005).  
3. Subs. by s. 40, ibid., for “advertisement” (w.e.f. 1-1-2005). 
4. Subs. by s. 40, ibid., for sub-section (6) (w.e.f 1-1-2005). 
5. Subs. by s. 41, ibid., for section 58 (w.e.f. 2-4-2007).  
6.  The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 
7. The words “as the case may be” omitted by s. 13, ibid. (w.e.f. 4-4-2021). 
8. Subs. by Act 38 of 2002, s. 29, for sub-section (1) (w.e.f. 20-5-2003).  
9. Subs. by Act 15 of 2005, s. 42, for sub-section (2) (w.e.f. 2-4-2007).  
10. The words “the Appellate Board or” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 

32 

                                                           
(c) the right of the applicant or patentee to make amendment shall not be called in question except 

on the ground of fraud]. 

(3)  In  construing  the  specification  as  amended,  reference  may  be  made  to  the  specification  as 

originally accepted. 

CHAPTER XI 

RESTORATION OF LAPSED PATENTS 

60. Applications for restoration of lapsed patents.—(1) Where a patent has ceased to have effect 
by reason of failure to pay any renewal fee within the 1[period prescribed under section 53 or within such 
period as may be allowed under sub-section (4) of section 142], the patentee or his legal representative, 
and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one 
or more of them without joining the others, may, within  2[eighteen months] from the date on which the 
patent ceased to have effect, make an application for the restoration of the patent. 

3* 

* 

* 

* 

* 

(3)  An  application  under  this  section  shall  contain  a  statement,  verified  in  the  prescribed  manner, 
fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller 
may require from the applicant such further evidence as he may think necessary. 

61. Procedure for disposal of applications for restoration of lapsed patents.—(1) If, after hearing 
the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is  prima 
facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue 
delay in the making of the application, he shall  4[publish the application] in the prescribed manner; and 
within the prescribed period any person interested may give notice to the Controller of opposition thereto 
on either or both of the following grounds, that is to say,— 

(a) that the failure to pay the renewal fee was not unintentional; or 

(b) that there has been undue delay in the making of the application. 

(2)  If  notice  of  opposition  is  given  within  the  period  aforesaid,  the  Controller  shall  notify  the 
applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case. 

(3) If no notice of opposition is given within the period aforesaid or if in the case of opposition, the 
decision of the Controller is in favour of the applicant, the Controller shall, upon payment of any unpaid 
renewal fee and such additional fee as may be prescribed, restore the patent and any patent of addition 
specified in the application which has ceased to have effect on the cesser of that patent. 

(4) The  Controller  may,  if  he  thinks  fit  as  a  condition  of  restoring  the  patent,  require  that  an  entry 
shall be made in the register of any document or matter which, under the provisions of this Act, has to be 
entered in the register but which has not been so entered. 

62.  Rights  of  patentees  of  lapsed  patents  which  have  been  restored.—(1)  Where  a  patent  is 
restored, the rights of the patentee shall be subject to such provisions as may be prescribed and to such 
other provisions as the Controller thinks fit to impose for the protection or compensation of persons who 
may  have  begun  to  avail  themselves  of,  or  have  taken  definite  steps  by  contract  or  otherwise  to  avail 
themselves of, the patented invention between the date when the patent ceased to have effect and the date 
of the 5[publication] of the application for restoration of the patent under this Chapter. 

1.  Subs.  by  Act  15  of  2005,  s.  43,  for  “prescribed  period  or  within  that  period  as  extended  under  sub-section  (3)  of                

section 53” (w.e.f. 1-1-2005).  

2. Subs. by Act 38 of 2002, s. 30, for “one year” (w.e.f. 20-5-2003). 
3. Sub-section (2) omitted by s. 30, ibid. (w.e.f. 20-5-2003).  
4. Subs. by Act 15 of 2005, s. 44, for “advertise the application” (w.e.f. 1-1-2005). 
5. Subs. by s. 45, ibid., for “advertisement” (w.e.f. 1-1-2005). 

33 

 
 
 
 
 
 
 
 
                                                           
(2) No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a 
patent  committed  between  the  date  on  which  the  patent  ceased  to  have  effect  and  the  1[date  of 
publication] of the application for restoration of the patent. 

CHAPTER XII 

SURRENDER AND REVOCATION OF PATENTS 

63.  Surrender  of  patents.—(1)  A  patentee  may,  at  any  time  by  giving  notice  in  the  prescribed 

manner to the Controller, offer to surrender his patent. 

(2) Where such an offer is made, the Controller shall  2[publish] the offer in the prescribed manner, 
and  also  notify  every  person  other  than  the  patentee  whose  name  appears  in  the  register  as  having  an 
interest in the patent. 

(3) Any person interested may, within the prescribed period after  3[such publication] give notice to 
the  Controller  of  opposition  to  the  surrender,  and  where  any  such  notice  is  given  the  Controller  shall 
notify the patentee. 

(4)  If  the  Controller  is  satisfied  after  hearing  the  patentee  and  any  opponent,  if  desirous  of  being 
heard,  that  the  patent  may  properly  be  surrendered,  he  may  accept  the  offer  and,  by  order  revoke  the 
patent. 

64.  Revocation  of  Power  patents.—(1)  Subject  to  the  provisions  contained  in  this  Act,  a  patent 
whether granted before or after the commencement of this Act, may,  4[be revoked on a petition of any 
person interested or of the Central Government  5*** or on a counter-claim in a suit for infringement of 
the patent by the High Court] on any of the following grounds, that is to say— 

(a) that the invention, so far as claimed in any claim of the complete specification, was claimed in 
a valid claim of earlier priority date contained in the complete specification of another patent granted 
in India; 

(b)  that  the  patent  was  granted  on  the  application  of a  person  not  entitled  under  the  provisions                    

of this Act to apply therefor: 

6* 

* 

* 

* 

* 

(c) that the patent was obtained wrongfully in contravention of the rights of the petitioner or any 

person under or through whom he claims; 

(d)  that  the  subject  of  any  claim  of  the  complete  specification  is  not  an  invention  within  the 

meaning of this Act; 

(e)  that  the  invention  so  far  as  claimed  in  any  claim  of  the  complete  specification  is  not  new, 
having  regard  to  what  was  publicly  known  or  publicly  used  in  India  before the priority  date  of  the 
claim or to what was published in India or elsewhere in any of the documents referred to in section 
13: 

4* 

* 

* 

* 

* 

(f) that the invention so far as claimed in any claim of the complete specification is obvious or 
does not involve any inventive step, having regard to what was publicly known or publicly used in 
India or what was published in India or elsewhere before the priority date of the claim: 

4* 

* 

* 

* 

* 

(g) that the invention, so far as claimed in any claim of the complete specification, is not useful; 

1. Subs. by s. 45, ibid., for “date of the advertisement” (w.e.f. 1-1-2005).  
2. Subs. by Act 15 of 2005, s. 46, for “advertise” (w.e.f. 1-1-2005).  
3. Subs. by s. 46, ibid., for “such advertisement” (w.e.f. 1-1-2005).  
4. Subs. by s. 47, ibid., for certain words (w.e.f. 2-4-2007).  
5. The words “by the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 
6. The proviso omitted by Act 38 of 2002, s. 31 (w.e.f. 20-5-2003). 

34 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
(h) that the complete specification does not sufficiently and fairly describe the invention and the 
method  by  which  it  is  to  be  performed,  that  is  to  say,  that  the  description  of  the  method  or  the 
instructions  for  the  working  of  the  invention  as  contained  in  the  complete  specification  are  not  by 
themselves sufficient to enable a person in India possessing average skill in, and average knowledge 
of, the art to which the invention relates, to work the invention, or that it does not disclose the best 
method  of  performing  it  which  was  known  to  the  applicant  for  the  patent  and  for  which  he  was 
entitled to claim, protection; 

(i) that the scope of any claim of the complete specification is not sufficiently and clearly defined 
or  that  any  claim  of  the  complete  specification  is  not  fairly  based  on  the  matter  disclosed  in  the 
specification; 

(j) that the patent was obtained on a false suggestion or representation; 

(k) that the subject of any claim of the complete specification is not patentable under this Act; 

(l)  that  the  invention  so  far  as  claimed  in  any  claim  of  the  complete  specification  was  secretly 

used in India, otherwise than as mentioned in sub-section (3), before the priority date of the claim; 

(m)  that  the  applicant  for  the  patent  has  failed  to  disclose  to  the  Controller  the  information 
required by section 8 or has furnished information which in any material particular was false to his 
knowledge; 

(n)  that  the  applicant  contravened  any  direction  for  secrecy  passed  under  section  35  1[or  made                
or  caused  to  be  made  an  application  for  the  grant  of  a  patent  outside  India  in  contravention  of                          
section 39]; 

(o) that leave to amend the complete specification under section 57 or section 58 was obtained by 

fraud; 

1[(p)  that  the  complete  specification  does  not  disclose  or  wrongly  mentions  the  source  or 

geographical origin of biological material used for the invention; 

(q) that the invention so far as claimed in any claim of the complete specification was anticipated 
having  regard  to  the  knowledge,  oral  or  otherwise,  available  within  any  local  or  indigenous 
community in India or elsewhere.] 

(2) For the purposes of clauses (e) and (f) of sub-section (1),— 

(a) no account shall be taken of 2[personal document or secret trial or secret use]; and 

(b) where the patent is for a process or for a product as made by a process described or claimed 
the importation into India of the product made abroad by that process shall constitute knowledge or 
use in India of the invention on the date of the importation, except where such importation has been 
for the purpose of reasonable trial or experiment only. 

(3)  For  the  purpose  of  clause  (l)  of  sub-section  (1),  no  account  shall  be  taken  of  any  use  of  the 

invention— 

(a) for the purpose of reasonable trial or experiment only; or 

(b)  by  the  Government  or  by  any  person  authorised  by  the  Government  or  by  a  Government 
undertaking, in consequence of the applicant for the patent or any person from whom he derives title 
having communicated or disclosed the invention directly or indirectly to the Government or person 
authorised as aforesaid or to the Government undertaking; or 

(c) by any other person, in consequence of the applicant for the patent or any person from whom 
he  derives  title  having  communicated  or  disclosed  the  invention,  and  without  the  consent  or 
acquiescence of the applicant or of any person from whom he derives title. 

1. Ins. by Act 38 of 2002, s. 31 (w.e.f. 20-5-2003).  
2. Subs. by s. 31, ibid., for “secret use” (w.e.f. 20-5-2003).  

35 

                                                           
(4) Without prejudice to the provisions contained in sub-section (1), a patent may be revoked by the 
High Court on the petition of the Central Government, if the High Court is satisfied that the patentee has 
without reasonable  cause  failed to comply  with the  request  of the  Central  Government  to  make,  use  or 
exercise the patented invention for the purposes of Government within the  meaning of section 99 upon 
reasonable terms. 

(5) A notice of any petition for revocation of a patent under this section shall be served on all persons 
appearing  from  the  register  to  be  proprietors  of  that  patent  or  to  have  shares  or  interests  therein  and  it 
shall not be necessary to serve a notice on any other person. 

1[65.  Revocation  of  patent  or  amendment  of  complete  specification  on  directions  from 
Government  in  cases  relating  to  atomic  energy.—(1)  Where  at  any  time  after  grant  of  a  patent,  the 
Central Government is satisfied that a patent is for an invention relating to atomic energy for which no 
patent can be granted under sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962), it 
may  direct the  Controller to  revoke  the  patent, and  thereupon the  Controller, after  giving  notice,  to  the 
patentee and every other person whose name has been entered in the register as having an interest in the 
patent, and after giving them an opportunity of being heard, may revoke the patent. 

(2)  In  any  proceedings  under  sub-section  (1),  the  Controller  may  allow  the  patentee  to  amend  the 

complete specification in such manner as he considers necessary instead of revoking the patent.] 

66.  Revocation  of  patent in  public interest.—Where  the  Central  Government is  of  opinion  that a 
patent  or  the  mode  in  which  it  is  exercised  is  mischievous  to  the  State  or  generally  prejudicial  to  the 
public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the 
Official Gazette and thereupon the patent shall be deemed to be revoked. 

CHAPTER XIII 

REGISTER OF PATENTS 

67. Register of patents and particulars to be entered therein.—(1) There shall be kept at the patent 

office a register of patents, wherein shall be entered— 

(a) the names and addresses of grantees of patents; 

(b) notifications of assignments and of transmissions of patents, of licences under patents, and of 

amendments, extensions, an revocations of patents; and 

(c) particulars of such other matters affecting the validity or proprietorship of patents as may be 

prescribed. 

(2) No notice of any trust, whether express, implied or constructive, shall be entered in the register, 

and the Controller shall not be affected by any such notice. 

(3) Subject to the superintendence and direction of the Central Government, the register shall be kept 

under the control and management of the Controller. 

2[(4)  Notwithstanding  anything  contained in  sub-section  (1), it  shall  be lawful  for  the  Controller to 
keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form 
subject to such safeguards as may be prescribed. 

(5) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or 
extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any 
officer  duly  authorised  by  the  Controller  in  this  behalf  shall,  in  all  legal  proceedings,  be  admissible  in 
evidence. 

(6)  In  the  event  the  register  is  kept  wholly  or  partly  in  computer  floppies,  diskettes  or  any  other 

electronic form,— 

1. Subs. by Act 15 of 2005, s. 48, for section 65 (w.e.f. 1-1-2005). 
2. Subs. by Act 38 of 2002, s. 32, for sub-section (4) (w.e.f. 20-5-2003). 

36 

                                                           
(a) reference in this Act to an entry in the register shall be deemed to include reference to a record 
of  particulars  kept  in  computer  floppies,  diskettes  or  any  other  electronic  form  and  comprising  the 
register or part of the register; 

(b) references in this Act to particulars being registered or entered in the register shall be deemed 
to include references to the keeping of record of those particulars comprising the register or part of 
the register in computer floppies, diskettes or any other electronic form; and 

(c) references in this Act to the rectification of the register are to be read as including references 
to  the  rectification  of  the  record  of  particulars  kept  in  computer  floppies,  diskettes  or  any  other 
electronic form and comprising the register or part of the register.] 
1[68. Assignments, etc., not to be valid unless in writing and duly executed.—An assignment of a 
patent or of a share in a patent, a mortgage, licence or the creation of any other interest in a patent shall 
not be valid unless the same were in writing and the agreement between the parties concerned is reduced 
to the form of a document embodying all the terms and conditions governing their rights and obligations 
and duly executed.] 

69.  Registration  of  assignments,  transmissions,  etc.—(1)  Where  any  person  becomes  entitled  by 
assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a 
mortgagee,  licensee  or  otherwise  to  any  other  interest  in  a  patent,  he  shall  apply  in  writing  in  the 
prescribed manner to the Controller for the registration of his title or, as the case may be, of notice of his 
interest in the register. 

(2) Without  prejudice  to  the  provisions  of sub-section  (1), an  application  for the  registration  of the 
title of any person becoming entitled by assignment to a patent or a share in a patent or becoming entitled 
by virtue of a mortgage, licence or other instrument to any other interest in a patent may be made in the 
prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as the case may 
be. 

(3) Where an application is made under this section for the registration of the title of any person the 

Controller shall, upon proof of title to his satisfaction,— 

(a) where that person is entitled to a patent or a share in a patent, register him in the register as 
proprietor  or  co-proprietor  of    the  patent,  and  enter  in  the  register  particulars  of  the  instrument  or 
event by which he derives title; or 

(b) where that person is entitled to any other interest in the patent, enter in the register notice of 

his interest, with particulars of the instrument, if any, creating it: 

Provided that if there is any dispute between the parties whether the assignment, mortgage, licence, 
transmission, operation of law or any other such transaction has validly vested in such person a title to the 
patent or any share or interest therein, the Controller may refuse to take any action under clause (a) or, as 
the  case  may  be,  under  clause  (b),  until  the  rights  of the  parties  have  been  determined  by  a  competent 
court. 

(4)  There  shall  be  supplied  to  the  Controller  in  the  prescribed  manner  for  being  filed  in  the  patent 
office  copies  of  all  agreements,  licences  and  other  documents  affecting  the  title  to  any  patent  or  any 
licence  thereunder  authenticated  in  the  prescribed  manner  and  also  such  other  documents  as  may  be 
prescribed relevant to the subject-matter: 

Provided that in the case of a licence granted under a patent, the Controller shall, if so requested by 
the  patentee  or  licensee,  take  steps  for  securing  that  the  terms  of  the  licence  are  not  disclosed  to  any 
person except under the order of a court. 

(5) Except for the purposes of an application under sub-section (1) or of an application to rectify the 
register, a document in respect of which no entry has been made in the register under sub-section (3) shall 
not be admitted by the Controller or by any court as evidence of the title of any person to a patent or to a 
share or interest therein unless the Controller or the court, for reasons to be recorded in writing, otherwise 
directs. 

1. Subs. by Act 15 of 2005, s. 49, for section 68 (w.e.f. 1-1-2005). 

37 

                                                           
70.  Power  of  registered  grantee  or  proprietor  to  deal  with  patent.—Subject  to  the  provisions 
contained in this Act relating to co-ownership of patents and subject also to any rights vested in any other 
person of which notice is entered in the register, the person or persons registered as grantee or proprietor 
of a patent shall have power to assign, grant licences under, or otherwise deal with, the patent and to give 
effectual receipts for any consideration for any such assignment, licence or dealing: 

Provided that any equities in respect of the patent may be enforced in like manner as in respect of any 

other movable property. 

71. Rectification of register by  1[High Court].—(1) The  1[High Court] may, on the application of 

any person aggrieved— 

(a) by the absence or omission from the register of any entry; or 

(b) by any entry made in the register without sufficient cause; or 

(c) by any entry wrongly remaining on the register; or 

(d) by any error or defect in any entry in the register, 

make such order for the making, variation or deletion, of any entry therein as it may think fit. 

(2)  In  any  proceeding  under  this  section  the  1[High  Court]  may  decide  any  question  that  may  be 

necessary or expedient to decide in connection with the rectification of the register. 

(3) Notice of any application to the  1[High Court] under this section shall be given in the prescribed 
manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear 
if so directed by the 2[High Court]. 

(4) Any order of the 1[High Court] under this section rectifying the register shall direct that notice of 
the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of 
such notice rectify the register accordingly. 

72. Register to be open for inspection.—(1) Subject to the provisions contained in this Act and any 
rules made thereunder, the register shall at all convenient times be open to inspection by the public; and 
certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any 
person requiring them on payment of the prescribed fee. 

(2) The register shall be prima facie evidence of any matters required or authorised by or under this 

Act to be entered therein. 

3[(3)  If  the  record  of  particulars is  kept in computer floppies  or  diskettes  or in any  other  electronic 
form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to 
such computer floppies, diskettes or any other electronic form or printouts of such record of particulars 
for inspection.] 

CHAPTER XIV 

PATENT OFFICE AND ITS ESTABLISHMENT 

73. Controller and other officers.—(1) The Controller General of Patents, Designs and Trade Marks 
appointed under sub-section (1) of  4[section 3 of the Trade Marks Act, 1999 (47 of 1999)], shall be the 
Controller of Patents for the purposes of this Act. 

(2) For the purposes of this Act, the Central Government may appoint as many examiners and other 

officers and with such designations as it thinks fit. 

(3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge 
under the superintendence and directions of the Controller such functions of the Controller under this Act 
as he may, from time to time by general or special order in writing, authorise them to discharge. 

1. Subs. by Act 32 of 2021, s. 13, for “Appellate Board” (w.e.f. 20-5-2003). 
2. Subs. by s. 13, ibid., for “Board” (w.e.f. 4-4-2021). 
3. Ins. by Act 38 of 2002, s. 34 (w.e.f. 20-5-2003).  
4. Subs. by s. 35, ibid., for certain words (w.e.f. 20-5-2003).  

38 

                                                           
(4) Without  prejudice to the  generality  of  the  provisions  of  sub-section  (3),  the  Controller  may,  by 
order  in  writing  and  for  reasons  to  be  recorded  therein  withdraw  any  matter  pending  before  an  officer 
appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was 
so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to 
special directions in the order of transfer, proceed with the matter either de novo or from the stage it was 
so transferred. 

74. Patent office and its branches.—(1) For the purposes of this Act, there shall be an office which 

shall be known as the patent office. 

1[(2) The Central Government may, by notification in the Official Gazette, specify the name of the 

Patent Office.] 

(3) The head office of the patent office shall be at such place as the Central Government may specify, 
and  for  the  purpose  of  facilitating,  the  registration  of  patents  there  may  be  established,  at  such  other 
places as the Central Government may think fit, branch offices of the patent office. 

(4) There shall be a seal of the patent office. 

75. Restriction on employees of patent office as to right or interest in patents.—All officers and 
employees  of  the  patents  office  shall  be  incapable,  during  the  period  for  which  they  hold  their 
appointments,  to  acquire  or  take,  directly  or  indirectly,  except  by  inheritance  or  bequest,  any  right  or 
interest in any patent issued by that office. 

76. Officers and employees not to furnish information, etc.—An officer or employee in the patent 
office  shall  not,  except  when  required  or  authorised  by  this  Act  or  under  a  direction  in  writing  of  the 
2[Central Government 3***] or the Controller or by order of a court,— 

(a) furnish information on a matter which is being, or has been, or dealt with under this Act 4***; 

(b) prepare or assist in the preparation of a document required or permitted by or under this Act 

4*** to be lodged in the patent office; or 

(c) conduct a search in the records of the patent office. 

CHAPTER XV 

POWERS OF CONTROLLER GENERALLY 

77.  Controller  to  have  certain  powers  of  a  civil  court.—(1)  Subject  to  any  rules  made  in  this 
behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court 
while  trying  a  suit  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  in  respect  of  the  following 
matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 
(b) requiring the discovery and production of any document; 
(c) receiving evidence on affidavits; 
(d) issuing commissions for the examination of witnesses or documents; 
(e) awarding costs; 
(f)  reviewing  his  own  decision  on  application  made  within  the  prescribed  time  and  in  the 

prescribed manner; 

(g) setting aside an order passed ex parte on application made within the prescribed time and in 

the prescribed manner; 

(h) any other matter which may be prescribed. 

(2) Any order for costs awarded by the Controller in exercise of the powers conferred upon him under 

sub-section (1) shall be executable as a decree of a civil court. 

1. Subs. by Act 15 of 2005, s. 50, for sub-section (2) (w.e.f. 1-1-2005). 
2. Subs. by Act 38 of 2002, s. 36, for “Central Government” (w.e.f. 20-5-2003).  
3. The words “or Appellate Board” omitted by  Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 
4. The words and figures “or under the Indian Patents or Designs Act, 1911 (2 of 1911)” omitted by s. 36, ibid. (w.e.f. 20-5-2003). 

39 

                                                           
78. Powers of Controller to correct clerical errors, etc.—(1) Without prejudice to the provisions 
contained  in  sections  57  and  59  as  regards  amendment  of  applications  for  patents  or  complete 
specifications  1[or  other  documents  relating  thereto]  and  subject  to  the  provisions  of  section  44,  the 
Controller may, in accordance with the provisions of this section, correct any clerical error in any patent 
or in any specification or other document filed in pursuance of such application or in any application for a 
patent or any clerical error in any matter which is entered in the register. 

(2) A correction may be made in pursuance of this section either upon a request in writing made by 

any person interested and accompanied by the prescribed fee, or without such a request. 

(3)  Where  the  Controller  proposes  to  make  any  such  correction  as  aforesaid  otherwise  than  in 
pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the 
applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, 
and shall give them an opportunity to be heard before making the correction. 

(4)  Where  a  request  is  made  under  this  section  for  the  correction  of  any  error  in  a  patent  or 
application for a patent or any document filed in pursuance of such an application, and it appears to the 
Controller that the correction would materially alter the meaning or scope of the document to which the 
request  relates  and  ought  not  to  be  made  without  notice  to  persons  affected  thereby,  he  shall  require 
notice of the nature of the proposed correction to be 2[published] in the prescribed manner. 

(5) Within the  prescribed time  after any  3[such  publication]  as  aforesaid  any  person interested  may 
give notice to the Controller of opposition to the request, and, where such notice of opposition is given, 
the Controller shall give notice thereof to the person by whom the request was made, and shall give to 
him and to the opponent an opportunity to be heard before he decides the case. 

79. Evidence how to be given and powers of Controller in respect thereof.—Subject to any rules 
made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by 
affidavit  in  the  absence  of  directions  by  the  Controller  to  the  contrary,  but  in  any  case  in  which  the 
Controller  thinks  it  right  so  to  do,  he  may  take  oral  evidence  in  lieu  of,  or  in  addition  to,  evidence  by 
affidavit, or may allow any party to be cross-examined on the contents of his affidavit. 

80. Exercise of discretionary powers by Controller.—Without prejudice to any provision contained 
in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such 
party an opportunity to be heard, the Controller shall give to any applicant for a patent, or for amendment 
of  a  specification  (if  within  the  prescribed  time  the  applicant  so  requires)  an  opportunity  to  be  heard 
before exercising adversely to the applicant any discretion vested in the Controller by or under this Act: 

4[Provided  that  the  party  desiring  a  hearing  makes  the  request  for such  hearing  to  the  Controller at 

least ten days in advance of the expiry of the time-limit specified in respect of the proceeding.] 

81. Disposal by Controller of applications for extension of time.—Where under the provisions of 
this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this 
Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, 
nor shall any appeal lie from any order of the Controller granting such extension. 

5[CHAPTER XVI 

WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION 

82. Definition of “patented articles” and “patentee”.—In this Chapter, unless the context otherwise 

requires,— 

(a) “patented article” includes any article made by a patented process; and 

(b) “patentee” includes an exclusive licensee. 

1. Ins. by s. 37, ibid. (w.e.f. 20-5-2003).  
2. Subs. by Act 15 of 2005, s. 51, for “advertised” (w.e.f. 1-1-2005).  
3. Subs. by s. 51, ibid., for “such advertisement” (w.e.f. 1-1-2005). 
4. Ins. by Act 38 of 2002, s. 38 (w.e.f. 20-5-2003).  
5. Subs. by s. 39, ibid., for Chapter XVI (sections 82 to 98) (w.e.f. 20-5-2003).  

40 

                                                           
83.  General  principles  applicable  to  working  of  patented  inventions.—Without  prejudice  to  the 
other provisions contained in this Act, in exercising the powers conferred by this Chapter, regard shall be 
had to the following general considerations, namely:— 

(a) that patents are granted to encourage inventions and to secure that the inventions are worked 
in India on a commercial scale and to the fullest extent that is reasonably practicable without undue 
delay; 

(b) that they are not granted merely to enable patentees to enjoy a monopoly for the importation 

of the patented article; 

(c)  that  the  protection  and  enforcement  of  patent  rights  contribute  to  the  promotion  of 
technological innovation and to the transfer and dissemination of technology, to the mutual advantage 
of producers and users of technological knowledge and in a manner conducive to social and economic 
welfare, and to a balance of rights and obligations; 

(d) that patents granted do not impede protection of public health and nutrition and should act as 
instrument to promote public interest specially in sectors of vital importance for socio-economic and 
technological development of India; 

(e)  that  patents  granted  do  not  in  any  way  prohibit  Central  Government  in  taking  measures  to 

protect public health; 

(f) that the patent right is not abused by the patentee or person deriving title or interest on patent 
from the patentee, and the patentee or a person deriving title or interest on patent from the patentee 
does  not  resort  to  practices  which  unreasonably  restrain  trade  or  adversely  affect  the  international 
transfer of technology; and 

(g) that patents are granted to make the benefit of the patented invention available at reasonably 

affordable prices to the public. 

84. Compulsory licences.—(1) At any time after the expiration of three years from the  date of the 
1[grant]  of  patent,  any  person  interested  may  make  an  application  to  the  Controller  for  grant  of 
compulsory licence on patent on any of the following grounds, namely:— 

(a) that the reasonable requirements of the public with respect to the patented invention have not 

been satisfied, or 

(b) that the patented invention is not available to the public at a reasonably affordable price, or 

(c) that the patented invention is not worked in the territory of India. 

(2) An application under this section may be made by any person notwithstanding that he is already 
the holder of a licence under the patent and no person shall be estopped from alleging that the reasonable 
requirements  of  the  public  with  respect  to  the  patented  invention  are  not  satisfied  or  that  the  patented 
invention is not worked in the territory of India or that the patented invention is not available to the public 
at a reasonably affordable price by reason of any admission made by him, whether in such a licence or 
otherwise or by reason of his having accepted such a licence. 

(3)  Every  application  under  sub-section  (1)  shall  contain  a  statement  setting  out  the  nature  of  the 
applicant’s  interest  together  with  such  particulars  as  may  be  prescribed  and  the  facts  upon  which  the 
application is based. 

(4)  The  Controller,  if  satisfied  that  the  reasonable  requirements  of  the  public  with  respect  to  the 
patented invention have not been satisfied or that the patented invention is not worked in the territory of 
India  or  that  the  patented  invention is  not  available  to  the  public  at  a  reasonably  affordable price,  may 
grant a licence upon such terms as he may deem fit. 

(5) Where the Controller directs the patentee to grant a licence he may, as incidental thereto, exercise 

the powers set out in section 88. 

1. Subs. by Act 15 of 2005, s. 52, for “sealing” (w.e.f. 1-1-2005).  

41 

                                                           
(6) In considering the application filed under this section, the Controller shall take into account,— 

(i) the nature of the invention, the time which has elapsed since the sealing of the patent and the 

measures already taken by the patentee or any licensee to make full use of the invention; 

(ii) the ability of the applicant to work the invention to the public advantage; 

(iii)  the  capacity  of  the  applicant  to  undertake  the  risk  in  providing  capital  and  working  the 

invention, if the application were granted; 

(iv)  as  to  whether  the  applicant  has  made  efforts  to  obtain  a  licence  from  the  patentee  on 
reasonable terms and conditions and such efforts have not been successful within a reasonable period 
as the Controller may deem fit: 

Provided  that  this  clause  shall  not  be  applicable  in  case  of  national  emergency  or  other 
circumstances of extreme urgency or in case of public non-commercial use or on establishment of a 
ground of anti-competitive practices adopted by the patentee, 

but shall not be required to take into account matters subsequent to the making of the application. 

1[Explanation.—For  the  purposes  of clause  (iv),  “reasonable  period”  shall  be  construed  as  a period 

not ordinarily exceeding a period of six months.] 

(7) For the purposes of this Chapter, the reasonable requirements of the public shall be deemed not to 

have been satisfied— 

(a)  if,  by  reason  of  the  refusal  of  the  patentee  to  grant  a  licence  or  licences  on  reasonable 

terms,— 

(i) an existing trade or industry or the development thereof or the establishment of any new 
trade  or  industry  in  India  or  the  trade  or  industry  of  any  person  or  class  of  persons  trading  or 
manufacturing in India is prejudiced; or 

(ii)  the  demand  for  the  patented  article  has  not  been  met  to  an  adequate  extent  or  on 

reasonable terms; or 

(iii) a market for export of the patented article manufactured in India is not being supplied or 

developed; or 

(iv) the establishment or development of commercial activities in India is prejudiced; or 

(b) if, by reason of conditions imposed by the patentee upon the grant of licences under the patent 
or upon the purchase, hire or use of the patented article or process, the manufacture, use or sale of 
materials not protected by the patent, or the establishment or development of any trade or industry in 
India, is prejudiced; or 

(c)  if  the  patentee  imposes  a  condition  upon  the  grant  of  licences  under  the  patent  to  provide 
exclusive grant back, prevention to challenges to the validity of patent or coercive package licensing, 
or 

(d) if the patented invention is not being worked in the territory of India on a commercial scale to 

an adequate extent or is not being so worked to the fullest extent that is reasonably practicable, or 

(e) if the working of the patented invention in the territory of India on a commercial scale is being 

prevented or hindered by the importation from abroad of the patented article by— 

(i) the patentee or persons claiming under him; or 

(ii) persons directly or indirectly purchasing from him; or 

(iii) other persons against whom the patentee is not taking or has not taken proceedings for 

infringement. 

1. The Explanation ins. by Act 15 of 2005, s. 52 (w.e.f. 1-1-2005).  

42 

                                                           
85. Revocation of patents by the Controller for non-working.—(1) Where, in respect of a patent, a 
compulsory  licence  has  been  granted,  the  Central  Government  or  any  person  interested  may,  after  the 
expiration  of  two  years  from  the  date  of  the  order  granting  the  first  compulsory  licence,  apply  to  the 
Controller for an order revoking the patent on the ground that the patented invention has not been worked 
in  the  territory  of  India  or  that  reasonable  requirements  of  the  public  with  respect  to  the  patented 
invention has not been satisfied or that the patented invention is not available to the public at a reasonably 
affordable price. 

(2) Every application under sub-section (1) shall contain such particulars as may be prescribed, the 
facts  upon  which  the  application  is  based,  and,  in  the  case  of  an  application  other  than  by  the  Central 
Government, shall also set out the nature of the applicant’s interest. 

(3)  The  Controller,  if  satisfied  that  the  reasonable  requirements  of  the  public  with  respect  to  the 
patented invention have not been satisfied or that patented invention have not been worked in the territory 
of India or that the patented invention is not available to the public at a reasonably affordable price, may 
make an order revoking the patent. 

(4) Every application under sub-section (1) shall ordinarily be decided within one year of its being 

presented to the Controller. 

86.  Power  of  Controller  to  adjourn  applications  for  compulsory  licences,  etc.,  in  certain  
cases.—(1)  Where  an  application  under  section  84  or  section  85,  as  the  case  may  be,  is  made  on  the 
grounds  that  the  patented  invention  has  not  been  worked  in  the  territory  of  India  or  on  the  ground 
mentioned in clause (d) of sub-section (7) of section 84 and the Controller is satisfied that the time which 
has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to 
be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the 
fullest  extent  that  is  reasonably  practicable,  he  may,  by  order,  adjourn  the  further  hearing  of  the 
application  for  such  period  not  exceeding  twelve  months  in  the  aggregate  as  appears  to  him  to  be 
sufficient for the invention to be so worked: 

Provided  that  in  any  case  where  the  patentee  establishes  that  the  reason  why  a  patented  invention 
could not be worked as aforesaid before the date of the application was due to any State or Central Act or 
any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of 
a condition for the working of the invention in the territory of India or for the disposal of the patented 
articles or of the articles made by the process or by the use of the patented plant, machinery, or apparatus, 
then, the period of adjournment ordered under this sub-section shall be reckoned from the date on which 
the  period  during  which  the  working  of the  invention  was  prevented  by  such  Act, rule or  regulation  or 
order of Government as computed from the date of the application, expires. 

(2) No adjournment under sub-section (1) shall be ordered unless the Controller is satisfied that the 
patentee has taken with promptitude adequate or reasonable steps to start the working of the invention in 
the territory of India on a commercial scale and to an adequate extent. 

87. Procedure for dealing with applications under sections 84 and 85.—(1) Where the Controller 
is satisfied, upon consideration of an application under section 84, or section 85, that a  prima facie case 
has  been  made  out  for  the  making  of  an  order,  he  shall  direct  the  applicant  to  serve  copies  of  the 
application  upon  the  patentee  and  any  other  person  appearing  from  the  register  to  be  interested  in  the 
patent  in  respect  of  which  the  application  is  made,  and  1[shall  publish  the  application  in  the  official 
journal]. 

(2) The patentee or any other person desiring to oppose the application may within such time as may 
be prescribed or within such further time as the Controller may on application (made either before or after 
the expiration of the prescribed time) allow, give to the Controller notice of opposition. 

(3)  Any  such  notice  of  opposition  shall  contain  a  statement  setting  out  the  grounds  on  which  the 

application is opposed. 

1. Subs. by Act 15 of 2005, s. 53, for “shall advertise the application in the Official Gazette” (w.e.f. 1-1-2005).  

43 

                                                           
(4) Where any such notice of opposition is duly given, the Controller shall notify the applicant, and 

shall give to the applicant and the opponent an opportunity to be heard before deciding the case. 

88. Powers of Controller in granting compulsory licences.—(1) Where the Controller is satisfied 
on an application made under section 84 that the manufacture, use or sale of materials not protected by 
the patent is prejudiced by reason of conditions imposed by the patentee upon the grant of licences under 
the  patent,  or  upon  the  purchase,  hire  or  use  of  the  patented  article  or  process,  he  may,  subject  to  the 
provisions of that section, order the grant of licences under the patent to such customers of the applicant 
as he thinks fit as well as to the applicant. 

(2) Where an application under section 84 is made by a person being the holder of a licence under the 
patent,  the  Controller  may,  if  he  makes  an  order  for  the  grant  of  a  licence  to  the  applicant,  order  the 
existing  licence  to  be  cancelled,  or  may,  if  he  thinks  fit,  instead  of  making  an  order  for  the  grant  of  a 
licence to the applicant, order the existing licence to be amended. 

(3)  Where  two  or  more  patents  are  held  by  the  same  patentee  and  an  applicant  for  a  compulsory 
licence establishes that the reasonable requirements of the public have not been satisfied with respect to 
some only of the said patents, then, if the Controller is satisfied that the applicant cannot efficiently or 
satisfactorily work the licence granted to him under those patents without infringing the other patents held 
by the patentee and if those patents involve important technical advancement or considerable economic 
significance in relation to the other patents, he may, by order, direct the grant of a licence in respect of the 
other  patents  also  to  enable  the  licensee  to  work  the  patent  or  patents  in  regard  to  which  a  licence  is 
granted under section 84. 

(4) Where the terms and conditions of a licence have been settled by the Controller, the licensee may, 
at any time after he has worked the invention on a commercial scale for a period of not less than twelve 
months, make an application to the Controller for the revision of the terms and conditions on the ground 
that the terms and conditions settled have proved to be more onerous than originally expected and that in 
consequence thereof the licensee is unable to work the invention except at a loss: 

Provided that no such application shall be entertained a second time. 

89.  General  purposes for  granting  compulsory  licences.—The  powers  of the  Controller upon  an 
application  made  under  section  84  shall  be  exercised  with  a  view  to  securing  the  following  general 
purposes, that is to say,— 

(a)  that  patented  inventions  are  worked  on  a  commercial  scale  in  the territory  of  India  without 

undue delay and to the fullest extent that is reasonably practicable; 

(b) that the interests of any person for the time being working or developing an invention in the 

territory of India under the protection of a patent are not unfairly prejudiced. 

90.  Terms  and  conditions  of  compulsory  licences.—(1)  In  settling  the  terms  and  conditions  of  a 

licence under section 84, the Controller shall endeavour to secure— 

(i)  that  the  royalty  and  other  remuneration,  if  any,  reserved  to  the  patentee  or  other  person 
beneficially  entitled  to  the  patent,  is  reasonable,  having  regard  to  the  nature  of  the  invention,  the 
expenditure  incurred  by  the  patentee  in  making  the  invention  or  in  developing  it  and  obtaining  a 
patent and keeping it in force and other relevant factors; 

(ii) that the patented invention is worked to the fullest extent by the person to whom the licence is 

granted and with reasonable profit to him; 

(iii) that the patented articles are made available to the public at reasonably affordable prices; 

(iv) that the licence granted is a non-exclusive licence; 

(v) that the right of the licensee is non-assignable; 

(vi) that the licence is for the balance term of the patent unless a shorter term is consistent with 

public interest; 

44 

1[(vii) that the licence is granted with a predominant purpose of supply in the Indian market and 
that the licensee may also export the patented product, if need be in accordance with the provisions of 
sub-clause (iii) of clause (a) of sub-section (7) of section 84; 

(viii) that in the case of semi-conductor technology, the licence granted is to work the invention 

for public non-commercial use; 

(ix)  that  in  case  the  licence  is  granted  to  remedy  a  practice  determined  after  judicial  or 
administrative  process  to  be  anti-competitive,  the licensee  shall  be  permitted to export the  patented 
product, if need be.] 

(2) No licence granted by the Controller shall authorise the licensee to import the patented article or 
an article or substance made by a patented process from abroad where such importation would, but for 
such authorisation, constitute an infringement of the rights of the patentee. 

(3)  Notwithstanding  anything  contained  in  sub-section  (2),  the  Central  Government  may,  if  in  its 
opinion it is necessary so to do, in the public interest, direct the Controller at any time to authorise any 
licensee in respect of a patent to import the patented article or an article or substance made by a patented 
process from abroad (subject to such conditions as it considers necessary to impose relating among other 
matters to the royalty and other remuneration, if any, payable to the patentee, the quantum of import, the 
sale price of the imported article and the period of importation), and thereupon the Controller shall give 
effect to the directions. 

91. Licensing of related patents.—(1) Notwithstanding anything contained in the other provisions of 
this  Chapter,  at  any  time  after  the  sealing  of  a  patent,  any  person  who  has  the  right  to  work  any  other 
patented  invention  either  as  patentee  or  as  licensee  thereof,  exclusive  or  otherwise,  may  apply  to  the 
Controller for the grant of a licence of the first-mentioned patent on the ground that he is prevented or 
hindered  without  such  licence  from  working  the  other  invention  efficiently  or  to  the  best  advantage 
possible. 

(2) No order under sub-section (1) shall be made unless the Controller is satisfied— 

(i)  that  the  applicant  is  able  and  willing  to  grant,  or  procure  the  grant  to  the  patentee  and  his 

licensees if they so desire, of a licence in respect of the other invention on reasonable terms; and 

(ii)  that  the  other  invention  has  made  a  substantial  contribution  to  the  establishment  or 

development of commercial or industrial activities in the territory of India. 

(3)  When  the  Controller  is  satisfied  that  the  conditions  mentioned  in  sub-section  (1)  have  been 
established by the applicant, he may make an order on such terms as he thinks fit granting a licence under 
the first-mentioned patent and a similar order under the other patent if so requested by the proprietor of 
the first-mentioned patent or his licensee: 

Provided  that  the  licence  granted  by  the  Controller  shall  be  non-assignable  except  with  the 

assignment of the respective patents. 

(4) The provisions of sections 87, 88, 89 and 90 shall apply to licences granted under this section as 

they apply to licences granted under section 84. 

92.  Special  provision for compulsory licences  on  notifications  by  Central  Government.—(1)  If 
the  Central  Government  is  satisfied,  in  respect  of  any  patent  in  force  in  circumstances  of  national 
emergency  or  in  circumstances  of  extreme  urgency  or  in  case  of  public  non-commercial  use,  that  it  is 
necessary  that  compulsory  licences  should  be  granted  at  any  time  after  the  sealing  thereof  to  work  the 
invention, it may make a declaration to that effect, by notification in the Official Gazette, and thereupon 
the following provisions shall have effect, that is to say,— 

(i)  the  Controller  shall,  on  application  made  at  any  time  after  the  notification  by  any  person 
interested, grant to the applicant a licence under the patent on such terms and conditions as he thinks 
fit; 

1. Subs. by Act 15 of 2005, s. 54, for clause (vii) (w.e.f. 1-1-2005). 

45 

                                                           
(ii) in settling the terms and conditions of a licence granted under this section, the Controller shall 
endeavour to secure that the articles manufactured under the patent shall be available to the public at 
the  lowest  prices  consistent  with  the  patentees  deriving  a  reasonable  advantage  from  their  patent 
rights. 

(2) The provisions of sections 83, 87, 88, 89 and 90 shall apply in relation to the grant of licences 

under this section as they apply in relation to the grant of licences under section 84. 

(3)  Notwithstanding  anything  contained  in  sub-section  (2),  where  the  Controller  is  satisfied  on 

consideration of the application referred to in clause (i) of sub-section (1) that it is necessary in— 

(i) a circumstance of national emergency; or 

(ii) a circumstance of extreme urgency; or 

(iii) a case of public non-commercial use, 

which may arise or is required, as the case may be, including public health crises, relating to Acquired 
Immuno Deficiency Syndrome, human immunodeficiency virus, tuberculosis, malaria or other epidemics, 
he shall not apply any procedure specified in section 87 in relation to that application for grant of licence 
under this section: 

Provided that the  Controller shall,  as  soon  as  may  be  practicable, inform  the patentee  of  the  patent 

relating to the application for such non-application of section 87. 

1[92A.  Compulsory  licence  for  export  of  patented  pharmaceutical  products  in  certain 
exceptional  circumstances.—(1)  Compulsory  licence  shall  be  available  for  manufacture  and  export  of 
patented pharmaceutical products to any country having insufficient or no manufacturing capacity in the 
pharmaceutical sector for the concerned product to address public health problems, provided compulsory 
licence  has  been  granted  by  such  country  or  such  country  has,  by  notification  or  otherwise,  allowed 
importation of the patented pharmaceutical products from India. 

(2) The  Controller  shall,  on  receipt  of an  application  in the prescribed  manner,  grant  a  compulsory 
licence solely for manufacture and export of the concerned pharmaceutical product to such country under 
such terms and conditions as may be specified and published by him. 

(3)  The  provisions  of  sub-sections  (1)  and  (2)  shall  be  without  prejudice  to  the  extent  to  which 
pharmaceutical products produced under a compulsory licence can be exported under any other provision 
of this Act. 

Explanation.—For  the  purposes  of  this  section,  “pharmaceutical  products”  means  any  patented 
product,  or  product  manufactured  through  a  patented  process,  of  the  pharmaceutical  sector  needed  to 
address public health problems and shall be inclusive of ingredients necessary for their manufacture and 
diagnostic kits required for their use.] 

93. Order for licence to operate as a deed between parties concerned.—Any order for the grant of 
a licence under this Chapter shall operate as if it were a deed granting a licence executed by the patentee 
and all other necessary parties embodying the terms and conditions, if any, settled by the Controller. 

94. Termination of compulsory licence.—(1) On an application made by the patentee or any other 
person  deriving  title  or  interest  in  the  patent,  a  compulsory  licence  granted  under  section  84  may  be 
terminated by the Controller, if and when the circumstances that gave rise to the grant thereof no longer 
exist and such circumstances are unlikely to recur: 

Provided that the holder of the compulsory licence shall have the right to object to such termination. 

(2) While considering an application under sub-section (1), the Controller shall take into account that 

the interest of the person who had previously been granted the licence is not unduly prejudiced.]. 

1. Ins. by Act 15 of 2005, s. 55 (w.e.f. 1-1-2005).  

46 

 
 
                                                           
CHAPTER XVII 

USE OF INVENTIONS FOR PURPOSES OF GOVERNMENT AND ACQUISITION OF INVENTIONS BY CENTRAL 
GOVERNMENT 

99.  Meaning  of  use  of  invention  for  purposes  of  Government.—(1)  For  the  purposes  of  this 
Chapter, an invention is said to be used for the purposes of Government if it is made, used, exercised or 
vended for the purposes of the Central Government, a State Government or a Government undertaking. 

* 

1* 
(3) Nothing contained in this Chapter shall apply in respect of any such importation making or using 
of any machine, apparatus or other article or of any such using of any process or of any such importation, 
using or distribution of any medicine or drug, as may be made by virtue of one or more of the conditions 
specified in section 47. 

* 

* 

* 

100.  Power 

of  Central  Government 

to 

use 

inventions 

for 

purposes 

of                                  

Government.—(1) Notwithstanding anything contained in this Act, at any time after an application for a 
patent has been filed at the patent office or a patent has been granted, the Central Government and any 
person authorised in writing by it, may use the invention for the purposes of Government in accordance 
with the provisions of this Chapter. 

(2)  Where  an  invention  has,  before  the  priority  date  of  the  relevant  claim  of  the  complete 
specification, been duly recorded in a document, or tested or tried, by or on behalf of the Government or a 
Government undertaking, otherwise than in consequence of the communication of the invention directly 
or indirectly by the patentee or by a person from whom he derives title, any use of the invention by the 
Central  Government  or  any  person  authorised  in  writing  by  it  for  the  purposes  of  Government  may  be 
made free of any royalty or other remuneration to the patentee. 

(3) If and so far as the invention has not been so recorded or tried or tested as aforesaid, any use of the 
invention made by the Central Government or any person authorised by it under sub-section (1), at any 
time after 2[grant of the patent] or in consequence of any such communication as aforesaid, shall be made 
upon terms as may be agreed upon either before or after the use, between the Central Government or any 
person  authorised  under  sub-section  (1)  and  the  patentee,  or,  as  may  in  default  of  agreement  be 
determined by the High Court on a reference under section 103: 

3[Provided  that  in  case  of  any  such  use  of  any  patent,  the  patentee  shall  be  paid  not  more  than 
adequate remuneration in the circumstances of each case, taking into account the economic value of the 
use of the patent.] 

(4) The authorisation by the Central Government in respect of an invention may be given under this 
section, either before or after the patent is granted and either before or after the acts in respect of which 
such  authorisation  is  given  or  done,  and  may  be  given  to  any  person,  whether  or  not  he  is  authorised 
directly  or  indirectly  by  the  applicant  or  the  patentee  to  make,  use,  exercise  or  vend  the  invention  or 
import the machine, apparatus or other article or medicine or drug covered by such patent. 

(5)  Where  an  invention  has  been  used  by  or  with  the  authority  of  the  Central  Government  for  the 
purposes  of  Government  under  this  section,  then,  4[except  in  case  of  national  emergency  or  other 
circumstances of extreme urgency or for non-commercial use], the Government shall notify the patentee 
as soon as practicable of the fact and furnish him with such information as to the extent of the use of the 
invention as he may, from time to time, reasonable require; and where the invention has been used for the 
purposes of a Government undertaking, the Central Government may call for such information as may be 
necessary for this purpose from such undertaking. 

1. Sub-section (2) omitted by Act 38 of 2002, s. 40 (w.e.f. 20-5-2003).  
2. Subs. by Act 15 of 2005, s. 56, for “the acceptance of the complete specification in respect of the patent” (w.e.f. 1-1-2005). 
3. Subs. by Act 38 of 2002, s. 41, for the proviso (w.e.f. 20-5-2003). 
4. Subs. by s. 41, ibid., for certain words (w.e.f. 20-5-2003). 

47 

 
 
 
 
 
 
 
 
                                                           
(6)  The  right  to  make,  use,  exercise  and  vend  an  invention  for  the  purposes  of  Government  under  
sub-section  (1)  shall  include  the  1[right  to  sell,  on  non-commercial  basis,  the  goods]  which  have  been 
made in exercise of that right, and a purchaser of goods so sold, and a person claiming through him, shall 
have  the  power  to  deal  with  the  goods  as  if  the  Central  Government  or  the  person  authorised  under       
sub-section (1) were the patentee of the invention. 

(7)  Where  in  respect  of  a  patent  which  has  been  the  subject  of  an  authorisation  under  this  section, 
there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has 
been assigned to the patentee in consideration of royalties or other benefits determined by reference to the 
use  of  the  invention (including  payments  by  way  of  minimum  royalty),  the  notice  directed  to  be  given 
under sub-section (5) shall also be given to such exclusive licensee or assignor as the case may be, and the 
reference  to  the  patentee  in  sub-section  (3)  shall  be  deemed  to  include  a  reference  to  such  assignor  or 
exclusive licensee. 

101. Rights of third parties in respect of use of invention for purposes of Government.—(1) In 
relation to any use of a patented invention, or an invention in respect of which an application for a patent 
is pending, made for the purposes of Government— 

(a)  by  the  Central  Government  or  any  person  authorised  by  the  Central  Government  under  

section 100; or 

(b) by the patentee or applicant for the patent to the order made by the Central Government,  

the  provisions  of  any  licence,  assignment  or  agreement  granted  or  made,  2***  between  the  patentee  or 
applicant for the patent (or any person who derives title from him or from whom he derives title) and any 
person other than the Central Government shall be of no effect so far as those provisions— 

(i) restrict or regulate the use for the purposes of Government of the invention, or of any model, 

document or information relating thereto, or 

(ii) provide for the making of payments in respect of any use of the invention or of the model, 

document or information relating thereto for the purposes of Government 3***, 

and  the  reproduction  or  publication  of  any  model  or  document  in  connection  with  the  said  use  for  the 
purposes  of  Government  shall  not  be  deemed  to  be  an  infringement  of  any  copyright  subsisting  in  the 
model or document. 

(2) Where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in 
consideration of royalties or other benefits determined by reference to the use of the invention 2***, then, 
in relation to any use of the invention made for the purposes of Government by the patentee to the order 
of the Central Government, sub-section (3) of section 100 shall have effect as if that use were made by 
the  virtue  of  an  authority  given  under  that  section;  and  any  rise  of  the  invention  for  the  purposes  of 
Government by virtue of sub-section (3) of that section shall have effect as if the reference to the patentee 
included a reference to the assignor of the patent, and any sum payable by virtue of that sub-section shall 
be divided between the patentee and the assignor in such proportion as may be agreed upon between them 
or as may in default of agreement be determined by the High Court on a reference under section 103. 

(3)  Where  by  virtue  of  sub-section  (3)  of  section  100,  payments  are  required  to  be  made  by  the 
Central Government or persons authorised under sub-section (2) of that section in respect of the use of an 
invention  for  the  purposes  of  Government  and  where  in  respect  of  such  patent  there  is  an  exclusive 
licensee authorised under his licence to use the invention for the purposes of Government, such sum shall 
be shared by the patentee and such licensee in such proportions, if any, as may be agreed upon between 
them or as may in default of agreement be determined by the High Court on a reference under section 103 
to be just, having regard to any expenditure incurred by the licensee— 

1. Subs. by s. 41, ibid., for “right to sell the goods” (w.e.f. 20-5-2003). 
2. The words “, whether before or after the commencement of this Act,” omitted by Act 38 of 2002, s. 42 (w.e.f. 20-5-2003). 
3. The brackets and words “(including payments by way of minimum royalty)” omitted by s. 42, ibid. (w.e.f. 20-5-2003). 

48 

 
 
                                                           
(a) in developing the said invention; or 

(b)  in  making  payments  to  the  patentees  other  than  royalties  or  other  benefits  determined  by 

reference to the use of the invention 1*** in consideration of the licence. 

102.  Acquisition  of  inventions  and  patents  by  the  Central  Government.—(1)  The  Central 
Government may, if satisfied that it is necessary that an invention which is the subject of an application 
for a patent or a patent should be acquired from the applicant or the patentee for a public purpose, publish 
a notification to that effect in the Official Gazette, and thereupon the invention or patent and all rights in 
respect of the invention or patent shall, by force of this section, stand transferred to and be vested in the 
Central Government. 

(2) Notice of the acquisition shall be given to the applicant, and, where a patent has been granted, to 

the patentee and other persons, if any, appearing in the register as having an interest in the patent. 

(3) The Central Government shall pay to the applicant, or, as the case may be, the patentee and other 
persons appearing on the register as having an interest in the patent such compensation as may be agreed 
upon between the Central Government and the applicant, or the patentee and other persons; or, as may, in 
default of agreement, be determined by the High Court on a reference under section 103 to be just having 
regard to the expenditure incurred in connection with the invention and, in the case of a patent, the term 
thereof,  the  period  during  which  and  the  manner  in  which  it  has  already  been  worked  (including  the 
profits made during such period by the patentee or by his licensee whether exclusive or otherwise) and 
other relevant factors. 

103.  Reference  to  High  Court  of  disputes  as  to  use  for  purposes  of  Government.—(1)  Any 
dispute as to the exercise by the Central Government or a person authorised by it of the powers conferred 
by section 100, or as to terms for the use of an invention for the purposes of Government thereunder or as 
to the right of any person to receive any part of a payment made in pursuance of  sub-section (3) of that 
section or as to the amount of compensation payable for the acquisition of an invention or a patent under 
section 102, may be referred to the High Court by either party to the dispute in such manner as may be 
prescribed by the rules of the High Court. 

(2)  In  any  proceeding  under  this  section  to  which  the  Central  Government  is  a  party,  the                       

Central Government may,— 

(a) if the patentee is a party to the proceedings, petition by way of counter-claim for revocation of 

the patent on any ground upon which a patent may be revoked under section 64; and 

(b) whether a patentee is or is not a party to the proceedings, put in issue the validity of the patent 

without petitioning for its revocation. 

(3) If in such proceedings as aforesaid any question arises whether an invention has been recorded, 
tested or tried as is mentioned in section 100, and the disclosure of any document regarding the invention, 
or  of  any  evidence  of  the  test  or  trial  thereof,  would,  in  the  opinion  of  the  Central  Government,  be 
prejudicial to the public interest, the disclosure may be made confidentially to the advocate of the other 
party or to an independent expert mutually agreed upon. 

(4) In determining under this section any dispute between the Central Government and any person as 
to terms for the use of an invention for the purposes of Government, the High Court shall have regard to 
any  benefit  or  compensation  which  that  person  or  any  person  from  whom  he  derive  title,  may  have 
received,  or  may  be  entitled  to  receive,  directly  or  indirectly  in  respect  of  the  use  of  the  invention  in 
question for the purposes of Government. 

(5)  In  any  proceedings  under  this  section,  the  High  Court  may  at  any  time  order  the  whole 
proceedings  or  any  question  or  issue  of  fact  arising  therein  to  be  referred  to  an  official  referee, 
commissioner  or  an  arbitrator  on  such  terms  as  the  High  Court  may  direct,  and  references  to  the  High 
Court in the foregoing provisions of this section shall be construed accordingly. 

(6) Where the invention claimed in a patent was made by a person who at the time it was made was in 
the service of the Central Government or of a State Government or was an employee of a Government 

1. The words “including payments by way of minimum royalty” omitted by Act 38 of 2002, s. 42 (w.e.f. 20-5-2003). 

49 

                                                           
undertaking  and  the  subject-matter  of  the  invention  is  certified  by  the  relevant  Government  or  the 
principal officer of the Government undertaking to be connected with the work done in the course of the 
normal  duties  of  the  Government  servant  or  employee  of  the  Government  undertaking,  then, 
notwithstanding anything contained in this section, any dispute of the nature referred to in sub-section (1) 
relating to the invention shall be disposed of by the Central Government conformably to the provisions of 
this  section  so  far  as  may  be  applicable,  but  before  doing  so  the  Central  Government  shall  give  an 
opportunity to the patentee and such other parties as it considers have an interest in the matter to be heard. 

CHAPTER XVIII 

SUITS CONCERNING INFRINGEMENT OF PATENTS 

104. Jurisdiction.—No suit for a declaration under section 105 or for any relief under section 106 or 
for infringement of a patent shall be instituted in any court inferior to a district court having jurisdiction to 
try the suit: 

Provided that where a counter-claim for revocation of the patent is made by the defendant, the  suit, 

along with the counter-claim, shall be transferred to the High Court for decision. 

1[104A.  Burden  of  proof  in  case  of  suits  concerning  infringement.—(1)  In  any  suit  for 
infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court 
may  direct  the  defendant  to  prove  that  the  process  used  by  him  to  obtain  the  product,  identical  to  the 
product of the patented process, is different from the patented process if,— 

(a) the subject matter of the patent is a process for obtaining a new product; or 
(b)  there  is  a  substantial  likelihood  that  the  identical  product  is  made  by  the  process,  and  the 
patentee  or  a  person  deriving  title  or  interest  in  the  patent  from  him,  has  been  unable  through 
reasonable efforts to determine the process actually used: 
Provided that the patentee or a person deriving title or interest in the patent from him, first proves that 

the product is identical to the product directly obtained by the patented process. 

(2) In considering whether a party has discharged the burden imposed upon him by sub-section (1), 
the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the 
court that it would be unreasonable to do so.] 

105. Power of court to make declaration as to non-infringement.—(1) Notwithstanding anything 
contained in section 34 of the Specific Relief Act, 1963 (47 of 1963),  any person may institute a suit for a 
declaration that the use by him of any process, or the making, use or sale of any article by him does not, 
or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an 
exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the 
patentee or the licensee, if it is shown— 

(a)  that  the  plaintiff  has  applied  in  writing  to  the  patentee  or  exclusive  licensee  for  a  written 
acknowledgment to the effect of the declaration claimed and has furnished him with full particulars in 
writing of the process or article in question; and 

(b) that the patentee or licensee has refused or neglected to give such an acknowledgment. 

(2) The costs of all parties in a suit for a declaration brought by virtue of this section shall, unless for 

special reasons the court thinks fit to order otherwise, be paid by the plaintiff. 

(3) The validity of a claim of the specification of a patent shall not be called in question in a suit for a 
declaration brought by virtue of this section, and accordingly the making or refusal of such a declaration 
in the case of a patent shall not be deemed to imply that the patent is valid or invalid. 

(4) A suit for a declaration may be brought by virtue of this section at any time 2[after the publication 

of grant of a patent], and references in this section to the patentee shall be construed accordingly. 

1. Ins. by Act 38 of 2002, s. 43 (w.e.f. 20-5-2003).  
2. Subs. by Act 15 of 2005, s. 57, for certain words (w.e.f. 1-1-2005).  

50 

                                                           
106. Power of court to grant relief in cases of groundless threats of infringement proceedings.—
(1) Where any person (whether entitled to or interested in a patent or an application for a patent or not) 
threatens  any  other  person  by  circulars  or  advertisements  or  by  communications,  oral  or  in  writing 
addressed to that or any other person, with proceedings for infringement of a patent, any person aggrieved 
thereby may bring a suit against him praying for the following reliefs, that is to say— 

(a) a declaration to the effect that the threats are unjustifiable; 

(b) an injunction against the continuance of the threats; and 

(c) such damages, if any, as he has sustained thereby. 

(2) Unless in such suit the defendant proves that the acts in respect of which the proceedings were 
threatened constitute or, if done, would constitute, an infringement of a patent or of rights arising from the 
publication of a complete specification in respect of a claim of the specification not shown by the plaintiff 
to be invalid, the court may grant to the plaintiff all or any of the reliefs prayed for. 

Explanation.—A  mere  notification  of  the  1[existence]  of  a  patent  does  not  constitute  a  threat  of 

proceeding within the meaning of this section. 

107.  Defences,  etc.,  in  suit  for  infringement.—(1)  In  any  suit  for  infringement  of  a  patent,  every 

ground on which it may be revoked under section 64 shall be available as a ground for defence. 

(2)  In  any  suit  for  infringement  of  a  patent  by  the  making,  using  or  importation  of  any  machine, 
apparatus or other article or by the using of any process or by the importation, use or distribution of any 
medicine or drug, it shall be a ground for defence that such making, using, importation or distribution is 
in accordance with any one or more of the conditions specified in section 47. 

2[107A. Certain acts not to be considered as infringement.—For the purposes of this Act,— 

(a) any act of making, constructing, 3[using, selling or importing] a patented invention solely for 
uses reasonably related to the development and submission of information required under any law for 
the  time  being  in  force,  in  India,  or  in  a  country  other  than  India,  that  regulates  the  manufacture, 
construction, 4[use, sale or import] of any product; 

(b) importation of patented products by any person from a person 5[who is duly authorised under 

the law to produce and sell or distribute the product], 

shall not be considered as an infringement of patent rights.] 

108. Reliefs in suits for infringement.—6[(1)] The reliefs which a court may  grant in any suit  for 
infringement include an injunction (subject to such terms, if any, as the court thinks fit) and, at the option 
of the plaintiff, either damages or an account of profits. 

7[(2)  The  court  may  also  order  that  the  goods  which  are  found  to  be  infringing  and  materials  and 
implement, the predominant use of which is in the creation of infringing goods shall be seized, forfeited 
or  destroyed,  as  the  court  deems  fit  under  the  circumstances  of  the  case  without  payment  of  any 
compensation.] 

109. Right of exclusive licensee to take proceedings against infringement.—(1) The holder of an 
exclusive licence shall have the like right as the patentee to institute a suit in respect of any infringement 
of the patent committed after the date of the licence, and in awarding damages or an account of profits or 
granting any other relief in any such suit the court shall take into consideration any loss suffered or likely 
to be suffered by the exclusive licensee as such or, as the case may be, the profits earned by means of the 
infringement so far as it constitutes an infringement of the rights of the exclusive licensee as such. 

1. Subs. by Act 56 of 1974, s. 3 and the Second Schedule, for “existing” (w.e.f. 20-12-1974).  
2. Ins. by Act 38 of 2002, s. 44 (w.e.f 20-5-2003).  
3. Subs. by Act 15 of 2005, s. 58, for “using or selling” (w.e.f. 1-1-2005).  
4. Subs. by s. 58, ibid., for “use or sale” (w.e.f. 1-1-2005). 
5. Subs. by s. 58, ibid., for “who is duly authorised by the patentee to sell or distribute the product” (w.e.f. 1-1-2005). 
6. Section 108 renumbered as sub-section (1) thereof by Act 38 of 2002, s. 45 (w.e.f. 20-5-2003). 
7. Ins. by s. 45, ibid. (w.e.f. 20-5-2003). 

51 

                                                           
(2) In any suit for infringement of a patent by the holder of an exclusive licence under sub-section (1), 
the patentee shall, unless he has joined as a plaintiff in the suit, be added as a defendant, but a patentee so 
added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the 
proceedings. 

110. Right of licensee under section 84 to take proceedings against infringement.—Any person to 
whom  a  licence  has  been  granted  under  section  84  shall  be  entitled  to  call  upon  the  patentee  to  take 
proceedings  to  prevent  any  infringement  of the patent,  and,  if the  patentee  refuses  or neglects to  do so 
within two months after being so called upon, the licensee may institute proceedings for the infringement 
in his own name as though he were the patentee, making the patentee a defendant; but a patentee so added 
as  defendant  shall  not  be  liable  for  any  costs  unless  he  enters  an  appearance  and  takes  part  in  the 
proceedings. 

111.  Restriction  on  power  of  court  to  grant  damages  or  account  of  profits  for                       

infringement.—(1) In a suit for infringement of a patent, damages or an account of profits shall not be 
granted against the defendant who proves that at the date of the infringement he was not aware and had no 
reasonable grounds for believing that the patent existed. 

Explanation.—A person shall not be deemed to have been aware or to have had reasonable grounds 
for  believing  that  a  patent  exists  by  reason  only  of  the  application  to  an  article  of  the  word  “patent”, 
“patented” or any word or words expressing or implying that a patent  has been obtained for the article, 
unless the number of the patent accompanies the word or words in question. 

(2) In any suit for infringement of a patent the court may, if it thinks fit, refuse to grant any damages 
or an account of profits in respect of any infringement committed after a failure to pay any renewal fee 
within the prescribed period and before any extension of that period. 

(3) Where an amendment of a specification by way of disclaimer, correction or explanation has been 
allowed under this Act after the publication of the specification, no damages or account of profits shall be 
granted in any proceedings in respect of the use of the invention before the date of the decision allowing 
the amendment, unless the court is satisfied that the specification as originally published was framed in 
good faith and with reasonable skill and knowledge. 

(4)  Nothing  in  this  section  shall  affect  the  power  of  the  court to  grant an injunction  in  any  suit for 

infringement of a patent. 

112.  [Restriction  on  power  of  court  to  grant injunction  in certain  cases.]—Omitted  by  The  Patents 

(Amendment) Act, 2002 (38 of 2002), s. 46 (w.e.f. 20-5-2003). 

113.  Certificate  of  validity  of  specification  and  costs  of  subsequent  suits  for  infringement                 

thereof.—1[(1)  If  in  any  proceedings  before  2***  a  High  Court  for  the  revocation  of  a  patent  under 
section 64 and section 104, 3***, the validity of any claim of a specification is contested and that claim is 
found by 2*** the High Court to be valid, 2*** the High Court may certify that the validity of that claim 
was contested in those proceedings and was upheld]. 

(2)  Where  any  such  certificate  has  been  granted,  then,  if  in  any  subsequent  suit  before  a  court  for 
infringement of that claim of the patent or in any subsequent proceeding for revocation of the patent in so 
far as it relates to that claim, the patentee or other person relying on the validity of the claim obtains a 
final order or judgment  in his favour,  he  shall  be  entitled to  an  order for  the  payment  of his  full  costs, 
charges  and  expenses  of  an  incidental  to  any  such  suit  or  proceeding  properly  incurred  so  far  as  they 
concern  the  claim  in  respect  of  which  the  certificate  was  granted,  unless  the  court  trying  the  suit  or 
proceeding otherwise directs: 

Provided that the costs as specified in this sub-section shall not be ordered when the party disputing 
the validity of the claim satisfies the court that he was not aware of the grant of the certificate when he 
raised the dispute and withdrew forthwith such defence when he became aware of such a certificate. 

1. Subs. by Act 15 of 2005, s. 59, for sub-section (1) (w.e.f. 2-4-2007).  
2. The words “the Appellate Board or” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 
3. The words “as the case may be” omitted by s. 13, ibid. (w.e.f. 4-4-2021). 

52 

                                                           
1[(3)  Nothing  contained  in  this  section  shall  be  construed  as  authorising  the  courts  2***  hearing 
appeals from decrees or orders in suits for infringement or petitions for revocation, as the case may be, to 
pass orders for costs on the scale referred to therein]. 

114.  Relief  for  infringement  of  partially  valid  specification.—(1)  If  in  proceedings  for 
infringement of a patent it is found that any claim of the specification, being a claim in respect of which 
infringement is alleged, is valid, but that any other claim is invalid, the court may grant relief in respect of 
any valid claim which is infringed: 

Provided that the court shall not grant relief except by way of injunction save in the circumstances 

mentioned in sub-section (2). 

(2) Where the  plaintiff  proves  that the  invalid  claim  was  framed  in  good  faith and  with  reasonable 
skill and knowledge, the court shall grant relief in respect of any valid claim which is infringed subject to 
the  discretion  of  the  court  as  to  costs  and  as  to  the  date  from  which  damages  or  an  account  of  profits 
should be reckoned, and in exercising such discretion the court may take into consideration the conduct of 
the parties in inserting such invalid claims in the specification or permitting them to remain there. 

115. Scientific advisers.—(1) In any suit for infringement or in any proceeding before a court under 
this Act, the court may at any time, and whether or not an application has been made by any party for that 
purpose,  appoint  an  independent  scientific  adviser  to  assist the  court  or  to inquire  and  report  upon  any 
such question of fact or of opinion (not involving a question of interpretation of law) as it may formulate 
for the purpose. 

(2) The remuneration of the scientific adviser shall be fixed by the court and shall include the costs of 
making  a  report  and  a  proper  daily  fee  for  any  day  on  which  the  scientific  adviser  may  be  required  to 
attend before the court, and such remuneration shall be defrayed out of moneys provided by Parliament 
by law for the purpose. 

3[CHAPTER XIX 

4[APPEALS]  

116. [Appellate Board.] Omitted by the Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-

2021). 

117. [Staff of Appellate Board.]Omitted by s. 13, ibid. (w.e.f. 4-4-2021). 

117A. Appeals to  5[High Court].—(1) Save as otherwise expressly provided in sub-section (2), no 

appeal  shall  lie  from  any  decision,  order  or  direction  made  or  issued  under  this  Act  by  the                    
Central  Government,  or  from  any  act  or  order  of  the  Controller  for the  purpose  of  giving  effect to any 
such decision, order or direction. 

(2) An appeal shall lie to the 3[High Court] from any decision, order or direction of the Controller of 

Central  Government  under  section  15,  section  16,  section  17,  section  18,  section  19,  6[section  20,            
sub-section  (4)  of  section  25,  section  28],  section  51,  section  54,  section  57,  section  60,  section  61, 
section  63,  section  66,  sub-section  (3)  of  section  69,  section  78,  sub-sections  (1)  to  (5)  of  section  84, 
section 85, section 88, section 91, section 92 and section 94. 

(3)  Every  appeal  under  this  section  shall  be  in  the  prescribed  form  and  shall  be  verified  in  such 
manner  as  may  be  prescribed  and  shall  be  accompanied  by  a  copy  of  the  decision,  order  or  direction 
appealed against and by such fees as may be prescribed. 

1. Subs. by Act 15 of 2005, s. 59, for sub-section (3) (w.e.f. 2-4-2007).  
2.  The words “or the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 
3. Subs. by Act 38 of 2002, s. 47, for Chapter XIX (w.e.f. 20-5-2003).  
4. Subs. by Act 33 of 2021, s. 13, for heading “APPEALS TO THE APPELLATE BOARD” (w.e.f. 4-4-2021). 
5. Subs. by s. 13, ibid., for “Appellate Board” (w.e.f. 4-4-2021). 
6. Subs. by s. 61, ibid., for “section 20, section 25, section 27, section 28” (w.e.f. 2-4-2007). 

53 

                                                           
(4) Every appeal shall be made within three months from the date of the decision, order or direction, 
as the case may be, of the Controller or the Central Government or within such further time as the 3[High 
Court] may, in accordance with the rules made by it, allow. 

117B.  [Procedure  and  powers  of  Appellate Board.]  Omitted by the  Tribunals  Reforms  Act,  2021 

(33 of 201), s. 13 (w.e.f. 4-4-2021). 

117C. [Bar of jurisdiction of courts, etc.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021). 

 117D. [Procedure for application for rectification, etc., before Appellate Board.] Omitted by the 

Tribunals Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021). 

117E. Appearance of Controller in legal proceedings.—(1) The Controller shall have the right to 

appear and be heard— 

(a)  in  any  legal  proceedings  before  the  1[High  Court]  in  which  the  relief  sought  includes 
alteration or rectification of the register or in which any question relating to the practice of the patent 
office is raised; 

(b) in any appeal to the 1[High Court] from an order of the Controller on an application for grant 

of a patent— 

(i) which is not opposed, and the application is either refused by the Controller or is accepted 

by him subject to any amendments, modifications, conditions or limitations, or 

(ii) which has been opposed and the Controller considers that his appearance is necessary in 

the public interest, 

and the Controller shall appear in any case if so directed by the  1[High Court]. 

(2)  Unless  the  1[High  Court]  otherwise  directs,  the  Controller  may,  in  lieu  of  appearing,  submit  a 
statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before 
him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the 
patent  office  in  like  cases,  or  of  other  matters  relevant  to  the  issues  and  within  his  knowledge  as  the 
Controller may deem it necessary, and such statement shall be evidence in the proceeding. 

117F.  [Costs  of  Controller  in  proceedings  before  Appellate  Board.]  Omitted  by  the  Tribunals 

Reforms Act, 2021 (33 of 201), s. 13 (w.e.f. 4-4-2021). 

117G. [Transfer of pending proceedings to Appellate Board.] Omitted by s. 13, ibid. (w.e.f. 4-4-

2021). 

117H. [Power of Appellate Board to make rules.] Omitted by s. 13, ibid. (w.e.f. 4-4-2021). 

CHAPTER XX 

PENALTIES 

118.  Contravention  of  Secrecy  provisions  relating to  certain  inventions.—If  any  person  fails  to 
comply with any direction given under section 35 2[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. 

119.  Falsification  of entries  in  register,  etc.—If  any  person  makes,  or  causes  to  be  made,  a  false 
entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a 
register,  or  produces  or  tenders,  or  causes  to  be  produced  or  tendered,  in  evidence  any  such  writing 
knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may 
extend to two years, or with fine or with both. 

120. Unauthorised 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 which may extend to 3[one lakh rupees]. 

1. Subs. by Act 33 of 2021, s. 13, for “Appellate Board” (w.e.f. 4-4-2021). 
2. Ins. by Act 38 of 2002, s. 48 (w.e.f. 20-5-2003).  
3. Subs. by Act 15 of 2005, s. 64, for “ten thousand rupees” (w.e.f. 1-1-2005). 

54 

                                                           
Explanation l.—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 shall be 
deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case 
may be unless there is an accompanying indication that the patent has been obtained or applied for in any 
country outside India. 

121. Wrongful use of words “patent office”.—If any person uses on his place of business or any 
document  issued  by  him  or  otherwise  the  words  “patent  office”  or  any  other  words  which  would 
reasonably lead to the belief that his place of business is, or is officially connected with, the patent office, 
he  shall  be  punishable  with  imprisonment for  a term  which  may  extend  to  six months,  or  with fine,  or 
with both. 

122. Refusal or failure to supply information.—(1) If any person refuses or fails to furnish:— 

(a)  to  the  Central  Government  any  information  which  he  is  required  to  furnish  under                           

sub-section (5) of section 100; 

(b)  to  the  Controller  any  information  or  statement  which  he  is  required  to  furnish  by  or  under 

section 146, 

he shall be punishable with fine which may extend to 1[ten lakh rupees]. 

(2) If any person, being required to furnish any such information as is referred to in sub-section (1), 
furnishes information or statement which is false, and which he either knows or has reason to believe to 
be false or does not believe to be true, he shall be punishable with imprisonment which may extend to six 
months, or with fine, or with both. 

123.  Practice  by  non-registered  patent  agents.—If  any  person  contravenes  the  provisions  of    

section 129, he shall be punishable with fine which may extend to 2[one lakh rupees in the case of a first 
offence and five lakh rupees] in the case of a second or subsequent offence. 

124. Offences by companies.—(1) If the person committing an offence under this Act is 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 of the offence and shall 
be liable to be proceeded against and punished accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he exercised all 
due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), 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  or 
connivance  of,  or  that  the  commission  of  the  offence  is  attributable  to  any  neglect  on  the  part  of  any 
director,  manager, secretary  or  other  officer  of the company,  such  director,  manager,  secretary  or  other 
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and 
punished accordingly. 

1. Subs. by Act 15 of 2005, s. 65, for “twenty thousand rupees” (w.e.f. 1-1-2005). 
2. Subs. by s. 66, ibid., for “ten thousand rupees in the case of a first offence and forty thousand rupees” (w.e.f. 1-1-2005). 

55 

 
 
                                                           
Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

CHAPTER XXI 

PATENT AGENTS 

1[125.  Register  of  patent  agents.—(1)  The  Controller  shall  maintain  a  register  to  be  called  the 
register of patent agents in which shall be entered the names, addresses and other relevant particulars, as 
may be prescribed, of all persons qualified to have their names so entered under section 126. 

(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep 
the register of patent agents in computer floppies, diskettes or any other electronic form subject to such 
safeguards as may be prescribed.] 

126. Qualifications for registration as patent agents.—(1) A person shall be qualified to have his 

name entered in the register of patent agents if he fulfils the following conditions, namely:— 

(a) he is a citizen of India; 

(b) he has completed the age of 21 years; 

(c)  he  has  obtained  a  2[degree  in  science,  engineering  or  technology  from  any  University 
established  under  law  for  the  time  being  in  force]  in  the  territory  of  India  or  possesses  such  other 
equivalent qualifications as the Central Government may specify in this behalf, and, in addition,— 

3* 

* 

* 

* 

* 

(ii) has passed the qualifying examination prescribed for the purpose; 4[or] 

5[(iii)  has,  for  a  total  period  of  not  less  than  ten  years,  functioned  either  as  an  examiner  or 
discharged  the  functions  of  the  Controller  under  section  73  or  both,  but  ceased  to  hold  any  such 
capacity at the time of making the application for registration;] 

(d) he has paid such fee as may be prescribed. 

5[(2)  Notwithstanding  anything  contained  in  sub-section  (1),  a  person  who has been  registered  as  a 
patent agent before the commencement of  6[the Patents (Amendment) Act, 2005  (15 of 2005)] shall be 
entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fee as 
may be prescribed.] 

127. Rights of patent agents.—Subject to the provisions contained in this Act and in any rules made 

thereunder, every patent agent whose name is entered in the register shall be entitled:— 

(a) to practice before the Controller; and 

(b) to prepare all documents, transact all business and discharge such other functions as may be 

prescribed in connection with any proceeding before the Controller under this Act. 

128.  Subscription  and  verification  of  certain  documents  by  patent  agents.—(1)  7***  all 
applications  and  communications  to  the  Controller  under  this  Act  may  be  signed  by  a  patent  agent 
authorised in writing in this behalf by the person concerned. 

1. Subs. by Act 38 of 2002, s. 52, for section 125 (w.e.f. 20-5-2003). 
2. Subs. by s. 53, ibid., for “degree from any University” (w.e.f. 20-5-2003). 
3. Sub-clause (i) omitted by Act 15 of 2005, s. 67 ( w.e.f. 1-1-2005).  
4. Ins. by Act 38 of 2002, s. 53 (w.e.f. 20-5-2003). 
5. Subs. by Act 38 of 2002, s. 53, for sub-section (2) (w.e.f. 20-5-2003).  
6. Subs. by Act 15 of 2005, s. 67, for “the Patents (Amendment) Act, 2002 (38 of 2002)” (w.e.f. 1-1-2005). 
7. The words, brackets and figure “Subject to the provisions contained in sub-section (2) and to any rules made under this 

Act,” omitted by Act 38 of 2002, s. 54 (w.e.f. 20-5-2003). 

56 

 
 
 
 
 
 
 
 
 
                                                           
1* 

* 

* 

* 

* 

129. Restrictions on practice as patent agents.—(1) No person, either alone or in partnerships with 
any other person, shall practise, describe or hold himself out as a patent agent, or permit himself to be so 
described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all his 
partners are so registered. 

(2)  No  company  or  other  body  corporate  shall  practise,  describe  itself  or  hold  itself  out  as  patent 

agents or permit itself to be so described or held out. 

Explanation.—For  the  purposes  of  this  section,  practise  as  a  patent  agent  includes  any  of  the 

following acts, namely:— 

(a) applying for or obtaining patents in India or elsewhere; 

(b) preparing specifications or other documents for the purposes of this Act or of the patent law of 

any other country; 

(c) giving advice other than of a scientific or technical nature as to the validity of patents or their 

infringement. 

130. Removal from register of patent agents and restoration.—(1) The 2[Controller] may remove 
the  name  of  any  person  from  the  register  when  3[he]  is  satisfied,  after  giving  that  person  a  reasonable 
opportunity of being heard and after such further inquiry, if any, as 6[he] thinks fit to make— 

(i) that his name has been entered in the register by error or on account of misrepresentation or 

suppression of material fact; 

(ii)  that  he  has  been  convicted  of  any  offence  and  sentenced  to  a  term  of  imprisonment  or  has 
been  guilty  of  misconduct  in  his  professional  capacity  which  in  the  opinion  of  the  5[Controller] 
renders him unfit to be kept in the register. 
(2) The 5[Controller] may, on application and on sufficient cause being shown, restore to the register 

the name of any person removed therefrom. 

131. Power of Controller to refuse to deal with certain agents.—(1) Subject to any rules made in 

this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act— 

(a) any individual whose name has been removed from, and not restored to, the register; 

(b) any person who has been convicted of an offence under section 123; 

(c)  any  person,  not  being  registered  as  a  patent  agent,  who  in  the  opinion  of  the  Controller  is 
engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name 
or for the benefit of the person by whom he is employed; 

(d) any company or firm, if any person whom the Controller could refuse to recognise as agent in 
respect  of  any  business  under  this  Act,  is  acting  as  a  director  or  manager  of  the  company  or  is  a 
partner in the firm. 

(2)  The  Controller  shall  refuse  to  recognise  as  agent  in  respect  of  any  business  under  this  Act  any 

person who neither resides nor has a place of business in India. 

132.  Savings  in  respect  of  other  persons  authorised  to  act  as  agents.—Nothing  in  this  Chapter 

shall be deemed to prohibit— 

(a) the applicant for a patent  4*** from drafting any specification or appearing or acting before 

the Controller; or 

1. Sub-section (2) omitted by Act 38 of 2002, s. 54 (w.e.f. 20-5-2003).   
2. Subs. by s. 55, ibid., for “Central Government” (w.e.f. 20-5-2003). 
3. Subs. by s. 55, ibid., for “it” (w.e.f. 20-5-2003). 
4.  The  words  “or  any  person,  not  being  a  patent  agent,  who  is  duly  authorised  by  the  applicant”  omitted  by  s.  56,  ibid.  

(w.e.f. 20-5-2003).  

57 

 
 
 
 
 
 
 
 
                                                           
(b) an advocate, not being a patent agent, from taking part in any  1[hearing before the Controller 

on behalf of a party who is taking part in any proceedings under this Act]. 

CHAPTER XXII 

INTERNATIONAL ARRANGEMENTS 

2[133. Convention countries.—Any country, which is a signatory or party or a group of countries, 
union of countries or inter-governmental organisations which are signatories or parties to an international, 
regional  or  bi-lateral  treaty,  convention  or  arrangement  to  which  India  is  also  a  signatory  or  party  and 
which affords to the applicants for patents in India or to citizens of India similar privileges as are granted 
to their own citizens or citizens to their member countries in respect of the grant of patents and protection 
of patent rights shall be a convention country or convention countries for the purposes of this Act.] 

134. Notification as to countries not providing for reciprocity.—Where any country specified by 
the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of 
India the same rights in respect of the grant of patents and the protection of patent rights as it accords to 
its  own  nationals,  no  national  of  such  country  shall  be  entitled,  either  solely  or  jointly  with  any  other 
person,— 

(a) to apply for the grant of a patent or be registered as the proprietor of a patent; 

(b) to be registered as the assignee of the proprietor of a patent; or 

(c) to apply for a licence or hold any licence under a patent granted under this Act. 

135.  Convention  applications.—(1)  Without  prejudice  to  the  provisions  contained  in  section  6, 
where a person has made an application for a patent in respect of an invention in a convention country 
(hereinafter referred to as the “basic application”), and that person or the legal representative or assignee 
of  that  person  makes  an  application  under  this  Act  for  a  patent  within twelve  months  after the  date  on 
which the basic application was made, the priority date of a claim of the complete specification, being a 
claim based on matter disclosed in the basic application, is the date of making of the basic application. 

Explanation.—Where applications have been made for similar protection in respect of an invention in 
two  or  more  convention  countries,  the  period  of  twelve  months  referred  to  in  this  sub-section  shall  be 
reckoned from the date on which the earlier or earliest of the said applications was made. 

(2) Where applications for protection have been made in one or more convention countries in respect 
of  two  or  more  inventions  which  are  cognate  or  of  which  one  is  a  modification  of  another,  a  single 
convention application may, subject to the provisions contained in section 10, be made in respect of those 
inventions  at  any  time  within  twelve  months  from  the  date  of  the  earliest  of  the  said  applications  for 
protection: 

Provided that the fee payable on the making of any such application shall be the same as if separate 
applications have been made in respect of each of the said inventions, and the requirements of clause (b) 
of  sub-section  (1)  of  section  136  shall,  in  the  case  of  any  such  application,  apply  separately  to  the 
applications for protection in respect of each of the said inventions. 

3[(3)  In  case  of  an  application  filed  under  the  Patent  Cooperation  Treaty  designating  India  and 
claiming priority from a previously filed application in India, the provisions of sub-sections (1) and (2) 
shall apply as if the previously filed application were the basic application: 

Provided  that  a  request  for  examination  under  section  11B  shall  be  made  only  for  one  of  the 

applications filed in India.] 

136.  Special  provisions  relating  to  convention  applications.—(1)  Every  convention  application 

shall— 

(a) be accompanied by a complete specification; and 

1. Subs. by Act 38 of 2002, s. 56, for certain words (w.e.f. 20-5-2003).  
2. Subs. by Act 15 of 2005, s. 68, for section 133 (w.e.f. 1-1-2005). 
3. Ins. by Act 15 of 2005, s. 69 (w.e.f. 1-1-2005).  

58 

                                                           
(b) specify the date on which and the convention country in which the application for protection, 

or as the case may be, the first of such applications was made; and 

(c)  state  that  no  application  for  protection  in  respect  of  the  invention  had  been  made  in  a 

convention country before that date by the applicant or by any person from whom he derives title. 

(2) Subject to the provisions contained in section 10, a complete specification filed with a convention 
application may include claims in respect of developments of, or additions to, the invention in respect of 
which the application for protection was made in a convention country, being developments or additions 
in respect of which the applicant would be entitled under the provisions of section 6 to make a separate 
application for a patent. 

(3) A convention application shall not be post-dated under sub-section (1) of section 17 to a date later 

than the date on which under the provisions of this Act the application could have been made. 

137.  Multiple  priorities.—(1)  Where  two  or  more applications for  patents in respect  of  inventions 
have been made in one or more convention countries and those inventions are so related as to constitute 
one invention, one application may be made by any or all of the persons referred to in sub-section (1) of 
section 135 within twelve months from the date on which the earlier or earliest of those applications was 
made,  in  respect  of  the  inventions  disclosed  in  the  specifications  which  accompanied  the  basic 
applications. 

(2)  The  priority  date  of  a  claim  of  the  complete  specification,  being  a  claim  based  on  matters 

disclosed in one or more of the basic applications, is the date on which that matter was first so disclosed. 

(3)  For  the  purposes  of  this  Act,  a  matter  shall  be  deemed  to  have  been  disclosed  in  a  basic 
application for protection in a convention country if it was claimed or disclosed (otherwise than by way of 
disclaimer  or  acknowledgment  of  a  prior  art)  in  that  application,  or  any  documents  submitted  by  the 
applicant  for  protection  in  support  of  and  at  the  same  time  as  that  application,  but  no  account  shall  be 
taken of any disclosure effected by any such document unless a copy of the document is filed at the patent 
office with the convention application or within such period as may be prescribed after the filing of that 
application. 

138.  Supplementary  provisions  as  to  convention  applications.—1[(1)  Where  a  convention 
application is made in accordance with the provisions of this Chapter, the applicant shall furnish, when 
required  by  the  Controller,  in  addition  to  the  complete  specification,  copies  of  the  specifications  or 
corresponding documents filed or deposited by the applicant in the patent office of the convention country 
as  referred  to  in  section  133  verified  to  the  satisfaction  of  the  Controller,  within  the  prescribed  period 
from the date of communication by the Controller.] 

(2) If any such specification or other document is in a foreign language, a translation into English of 
the specification or document, verified by affidavit or otherwise to the satisfaction of the Controller, shall 
be 2[furnished when required by the controller]. 

(3) For the purposes of this Act, the date on which an application was made in a convention country is 
such date as the Controller is satisfied by certificate of the official chief or head of the patent office of the 
convention  country  or  otherwise,  is  the  date  on  which  the  application  was  made  in  that  convention 
country. 

3[(4)  An  international  application  filed  under  the  Patent  Cooperation  Treaty  designating  India  shall 
have effect of filing an application for patent under section 7, section 54 and section 135, as the case may 
be, and the title, description, claim and abstract and drawings, if any, filed in the international application 
shall be taken as complete specification for the purposes of this Act. 

1. Subs. by Act 15 of 2005,  s. 70, for sub-section (1) (w.e.f. 1-1-2005).   
2. Subs. by Act 38 of 2002, s. 58, for “annexed to the specification or document” (w.e.f. 20-5-2003).  
3. Ins. by s. 58, ibid. (w.e.f. 20-5-2003).  

59 

                                                           
(5) The filing date of an application for patent and its complete specification processed by the patent 
office  as  designated  office  shall  be  the  international  filing  date  accorded  under  the  Patent  Cooperation 
Treaty. 

(6) Amendment, if any, proposed by the applicant for an international application designating India or 
designating and electing India before international searching authority or preliminary made examination 
authority shall, if the applicant so desires, be taken as an amendment made before the patent office.] 

139. Other provisions of Act to apply to convention applications.—Save as otherwise provided in 
this Chapter, all the provisions of this Act shall apply in relation to a convention application and a patent 
granted in pursuance thereof as they apply in relation to an ordinary application and a patent granted in 
pursuance thereof. 

CHAPTER XXIII 

MISCELLANEOUS 

140. Avoidance of certain restrictive conditions.—(1) It shall not be lawful to insert— 

(i) in any contract for or in relation to the sale or lease of a patented article or an article made by a 

patented process; or 

(ii) in a licence to manufacture or use a patented article; or 

(iii) in a licence to work any process protected by a patent, a condition the effect of which may 

be— 

(a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor, 
or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his 
right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, 
or licensor or his nominees, any article other than the patented article or an article other than that 
made by the patented process; or 

(b) to prohibit the purchaser, lessee or licensee from using, or to restrict in any manner or to 
any extent the right of the purchaser, lessee or licensee, to use an article other than the patented 
article  or  an  article  other  than  that  made  by  the  patented  process,  which is  not  supplied  by  the 
vendor, lessor or licensor or his nominee; or 

(c) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to                       

any extent the right of the purchaser, lessee or licensee to use any process other than the patented 
process; or 

1[(d)  to  provide  exclusive  grant  back,  prevention  to  challenges  to  validity  of  patent  and 

coercive package licensing,] 

and any such condition shall be void. 

 (2) A condition of the nature referred to in clause (a) or clause (b) or clause (c) of sub-section (1) 
shall not cease to be a condition falling within that sub-section merely by reason of the fact that the 
agreement containing it has been entered into separately, whether before or after the contract relating 
to the sale, lease or licence of the patented article or process. 

(3) In proceedings against any person for the infringement of a patent, it shall be a defence to prove 
that at the time of the infringement there was in force a contract relating to the patent and containing a 
condition declared unlawful by this section: 

Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to 
the  satisfaction  of  the  court  that  the  restrictive  condition  was  inserted  in  the  contract  without  his 
knowledge and consent, express or implied. 

(4) Nothing in this section shall— 

1. Ins. by Act 38 of 2002,  s. 59 (w.e.f. 20-5-2003). 

60 

                                                           
(a) affect a condition in a contract by which a person is prohibited from selling goods other than 

those of a particular person; 

(b) validate a contract which, but for this section, would be invalid; 

(c) affect a condition in a contract for the lease of, or licence to use, a patented article, by which 
the  lessor  or  licensor  reserves  to  himself  or  his  nominee  the  right  to  supply  such  new  parts  of  the 
patented article as may be required or to put or keep it in repair. 

1* 

* 

* 

* 

* 

141. Determination of certain contracts.—(1) Any contract for the sale or lease of a patented article 
or for licence to manufacture, use or work a patented article or process, or relating to any such sale, lease 
or  licence  2***  may  at  any  time  after  the  patent  or  all  the  patents  by  which  the  article  or  process  was 
protected at the time of the making of the contract has or have ceased to be in force, and notwithstanding 
anything to the contrary in the contract or in any other contract, be determined by the purchaser, lessee, or 
licensee, as the case may be, of the patent on giving three months’ notice in writing to the other party. 

(2)  The  provisions  of  this  section  shall  be  without  prejudice  to  any  right  of  determining  a  contract 

exercisable apart from this section. 

142. Fees.—(1) There shall be paid in respect of the grant of patents and applications therefor, and in 
respect of other matters in relation to the grant of patents under this Act, such fees as may be prescribed 
by the Central Government. 

(2) Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall not 

do that act until the fee has been paid. 

3[(3) Where a fee is payable in respect of the filing of a document at the patent office, the fee shall be 
paid along with the document or within the prescribed time and the document shall be deemed not to have 
been filed at the office if the fee has not been paid within such time.] 

(4)  Where  a  principal  patent  is  granted  later  than  two  years  from  the  date  of  filing  of  4[the 
application], the fees which have become due in the meantime may be paid within a term of three months 
from the date of the recording of the patent in the register  5[or within the extended period not later than 
nine months from the date of recording]. 

6[143.  Restrictions  upon  publication  of  specification.—Subject  to  the  provisions  of  Chapter  VII,  
an  application  for  a  patent,  and  any  specification  file  in  pursuance  thereof,  shall  not,  except  with  the 
consent  of  the  applicant,  be  published  by  the  Controller  before  the  expiration  of  the  period  prescribed 
under  sub-section  (1)  of  section  11A  or  before  the  same  is  open  to  public  inspection  in  pursuance  of           
sub-section (3) of section 11A or section 43.] 

144. Reports of  Examiners to be confidential.—The reports of examiners to the Controller under 
this Act shall not be open to public inspection or be published by the Controller; and such reports shall 
not  be  liable  to  production  or  inspection  in  any  legal  proceeding  unless  the  court  certifies  that  the 
production or inspection is desirable in the interests of justice, and ought to be allowed. 

7[145. Publication of official journal.—The Controller shall publish periodically an official journal 
which shall contain such information as may be required to be published by or under the provisions of 
this Act or any rule made thereunder.] 

146. Power of Controller to call for information from patentees.—(1) The Controller may, at any 
time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive 
or otherwise, to furnish to him within two months from the date of such notice or within such further time 

1. Sub-section (5) omitted by Act 38 of 2002, s. 59 (w.e.f. 20-5-2003).  
2. The words “ whether made before or after the commencement of this Act,” omitted by s. 60, ibid. (w.e.f. 20-5-2003).  
3. Subs. by s. 61, ibid., for sub-section (3) (w.e.f. 20-5-2003). 
4. Subs. by Act 15 of 2005, s. 71, for “the complete specification” (w.e.f. 1-1-2005).  
5. Ins. by Act 38 of 2002, s. 61 (w.e.f. 20-5-2003).  
6. Subs. by Act 15 of 2005, s. 72, for section 143 (w.e.f. 1-1-2005).  
7. Subs. by Act 15 of 2005, s. 73, for section 145 (w.e.f. 1-1-2005).  

61 

 
 
 
 
 
 
 
 
                                                           
as the Controller may allow, such information or such periodical statements as to the extent to which the 
patented invention has been commercially worked in India as may be specified in the notice. 

(2) Without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether 
exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than 
six  months)  as  may  be  prescribed statements as to the  extent  to  which the patented invention  has  been 
worked on a commercial scale in India. 

(3)  The  Controller  may  publish  the  information  received  by  him  under  sub-section  (1)  or                           

sub-section (2) in such manner as may be prescribed. 

147.  Evidence  of  entries,  documents,  etc.—(1)  A  certificate  purporting  to  be  signed  by  the 
Controller as to any entry, matter or thing which he is authorised by this Act or any rules made thereunder 
to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof 
and of the matter or thing having been done or omitted to be done. 

(2) A copy of any entry in any register or of any document kept in the patent office or of any patent, 
or an extract from any such register or document, purporting to be certified by the Controller and sealed 
with  the  seal  of  the  patent  office  shall  be  admitted  in  evidence  in  all  courts,  and  in  all  proceedings, 
without further proof or production of the original. 

(3) The Controller or any other officer of the patent office shall not, in any legal proceedings to which 
he  is  not  a  party,  be  compellable  to  produce  the  register  or  any  other  document  in  his  custody,  the 
contents of which can be proved by the production of a certified copy issued under this Act or to appear 
as a witness to prove the matters therein recorded unless by order of the court made for special causes. 

148. Declaration by infant, lunatic, etc.—(1) If any person is, by reason of minority, lunacy or other 
disability,  incapable  of  making  any  statement  or  doing  anything  required  or  permitted  by  or  under  this 
Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or if there 
be none, any person appointed by any court possessing jurisdiction in respect of his property, may make 
such statement or a statement as nearly corresponding thereto as circumstances permit, and do such things 
in the name and on behalf of the person subject to the disability. 

(2) An appointment may be made by the court for the purposes of this section upon the petition of any 
person  acting  on  behalf  of  the  person  subject  to  the  disability  or  of  any  other  person  interested  in  the 
making of the statement or the doing of the thing. 

149. Service of notices, etc. by post.—Any notice required or authorised to be given by or under this 
Act, and any application or other document so authorised or required to be made or filed, may be given, 
made or filed by post. 

150. Security for costs.—If any party by whom notice of any opposition is given under this Act or by 
whom application is made to the Controller for the grant of a licence under a patent neither resides nor 
carries  on  business  in  India,  the  Controller  may  require  him  to  give  security  for  the  costs  of  the 
proceedings,  and  in  default  of  such  security  being  given  may  treat  the  opposition  or  application  as 
abandoned. 

151. Transmission of orders of courts to Controller.—(1) Every order of 1[the High Court 2***] on 
a  petition  for  revocation,  including  orders  granting  certificates  of  validity  of  any  claim,  shall  be 
transmitted  by  1[the  High  Court  2***]  to  the  Controller  who  shall  cause  an  entry  thereof  and  reference 
thereto to be made in the register. 

(2) Where in any suit for infringement of a patent or in any suit under section 106 the validity of any 
claim or a specification is contested and that claim is found by the court to be valid or not valid, as the 
case  may  be,  the  court  shall  transmit  a copy  of  its judgment  and  decree  to the Controller  who shall  on 
receipt  thereof  cause  an  entry  in  relation  to  such  proceeding  to  be  made  in  the  prescribed  manner  in  a 
supplemental record. 

1. Subs. by Act 15 of 2005, s. 74, for “the High Court” (w.e.f. 2-4-2007).  
2. The words “or the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 

62 

                                                           
(3)  The  provisions  of  sub-sections  (1)  and  (2)  shall  also  apply  to  the  court  to  which  appeals  are 

preferred against decisions of 1[the courts] referred to in those sub-sections. 

152.  [Transmission  of  copies  of  specification,  etc.,  and  inspection  thereof.]—Omitted  by  The 

Patents (Amendment) Act, 2005 (15 of 2005), s. 75 (w.e.f. 1-1-2005). 

153.  Information  relating  to  Patents.—A  person  making  a  request  to  the  Controller  in  the 
prescribed  manner  for  information  relating  to  any  such  matters  as  may  be  prescribed  as  respects  any 
patent  specified  in  the  request  or  as  respects  any  application  for  a  patent  so  specified  shall  be  entitled, 
subject to the payment of the prescribed fee, to have information supplied to him accordingly. 

154.  Loss  or  destruction  of  Patents.—If  a  patent  is  lost  or  destroyed,  or  its  non-production  is 
accounted for to the satisfaction of the Controller, the Controller may at any time, on application made in 
the prescribed manner and on payment of the prescribed fee,  cause a duplicate thereof to be sealed and 
delivered to the applicant.  

155. Reports of Controller to be placed before Parliament.—The Central Government shall cause 
to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by 
or under the Controller. 

156. Patent  to  bind  Government.—Subject to  the  other provisions contained in  this  Act, a  patent 

shall have to all intents the like effect as against Government as it has against any person. 

157.  Right  of  Government  to  sell  or  use  forfeited  articles.—Nothing  in  this  Act  shall  affect  the 
power of the Government or of any person deriving title directly or indirectly from the Government to sell 
or use any articles forfeited under any law for the time being in force. 

2[157A.  Protection  of  security  of  India.—Notwithstanding  anything  contained  in  this  Act,  the 

Central Government shall— 

(a) not disclose any information relating to any patentable invention or any application relating to 
the grant of patent under this Act, which it considers prejudicial to the interest of the security of India; 
(b)  take  any  action  including  the  revocation  of  any  patent  which  it  considers  necessary  in  the 

interest of the security of India by issue of a notification in the Official Gazette to that effect. 
Explanation. —For the purposes of this section, the expression “security of India” include any action 

necessary for the security of India which- 

(i) relates to fissionable materials or the materials from which they are derived; or 
(ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other 
goods  and  materials  as  is  carried  on  directly  or  indirectly  for  the  purpose  of  supplying  a  military 
establishment; or 

(iii) is taken in time of war or other emergency in international relations.] 

158. Power of High Courts to make rules.—The High Court may make rules consistent with this 

Act as to the conduct and procedure in respect of all proceedings before it under this Act. 

159.  Power  of  Central  Government  to  make  rules.—(1)  The  Central  Government  may,  by 

notification in the Official Gazette, make rules for carrying out the purposes of this Act. 

(2) Without  prejudice to the  generality  of the  foregoing  power,  the  Central  Government  may  make 

rules to provide for all or any of the following matters, namely:— 

(i) the form and manner in which any application for a patent, any specifications or drawings and 

any other application or document may be filed in the patent office; 

1. Subs. by Act 33 of 2021,  s. 13, for “the Appellate Board or the courts, as the case may be” (w.e.f. 4-4-2021). 
2. Subs. by Act 38 of 2002, s. 63, for section 157A (w.e.f. 20-5-2003).  

63 

 
 
                                                           
1[(ia)  the  period  which  the  Controller  may  allow  for  filing  of  statement  and  undertaking  for  in 
respect  of  applications  under  sub-section  (1),  the  period  within  which  the  details  relating  to 
processing of applications may be filed before the Controller and the details to be furnished by the 
applicant to the Controller under sub-section (2) of section 8; 

(ib)  the  period  within  which  a  reference  to  the  deposit  of  materials  shall  be  made  in  the 

specification under sub-clause (A) of clause (ii) of the proviso to sub-section (4) of section 10; 

(ic)  the  period  for  which  application  for  patent  shall  not  be  open  to  the  public  under                           

sub-section (1) and the manner in which the applicant may make a request to the Controller to publish 
his application under subsection (2) of section 11A; 

(id) the manner of making the request for examination for an application for patent and the period 

within which such examination shall be made under sub-sections (1) and (3) of section 11B; 

(ie) the manner in which an application for withdrawal of an application for grant of a patent shall 
be made and the period within which a request for examination from the date of revocation of secrecy 
directions shall be made under the proviso to sub-section (4) of section 11B.] 

(ii) the time within which any act or thing may be done under this Act, including the manner in 

which and the time within which any matter may be 2[published] under this Act; 

(iii) the fees which may be payable under this Act and the manner 3[and time] of payment of such 

fees; 

(iv) the matters in respect of which the examiner may make a report to the Controller; 
4[(v) the manner in which and the period within which the Controller shall consider and dispose 

of a representation under sub-section (1) of section 25; 

(va)  the  period  within  which  the  Controller  is  required  to  dispose  of  an  application  under             

section 39;] 

(vi) the form and manner in which and the time within which any notice may be given under this 

Act; 

(vii) the provisions which may be inserted in an order for restoration of a patent for the protection 
of persons who may have availed themselves of the subject-matter of the patent after the patent had 
ceased; 

(viii) the establishment of branch offices of the patent office and the regulation generally of the 

business of the patent office, including its branch offices; 

(ix)  the  maintenance  of  the  register  of  patents  3[and  the  safeguards  to  be  observed  in  the 
maintenance  of  such  register  in  computer  floppies,  diskettes  or  any  other  electronic  form]  and  the 
matters to be entered therein; 

(x) the matters in respect of which the Controller shall have powers of a civil court; 

(xi)  the  time  when  and  the  manner  in  which  the  register  and  any  other  document  open  to 

inspection may be inspected under this Act; 

(xii) the qualifications of, and the preparation of a roll of, scientific advisers for the purpose of 

section 115; 
5* 

* 

* 

** 

(xiii) the manner in which any compensation for acquisition by Government of an invention may 

be paid; 

1. Subs. by Act 15 of 2005, s. 76, for clauses (ia) and (ib) (w.e.f. 1-1-2005).  
2. Subs. by Act 15 of 2005,  s. 76, for “advertised” (w.e.f. (1-1-2005).  
3. Ins. by Act 38 of 2002, s. 64 (w.e.f. 20-5-2003).  
4. Subs. by Act 15 of 2005, s. 76, for clause (v) (w.e.f. 1-1-2005).  
5. Clauses (xiia), (xiib) and (xiic) omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 

64 

 
 
 
 
 
 
                                                           
(xiv) the manner in which the register of patent agents may be maintained 1[under sub-section (1) 
of section 125 and the safeguards to be observed in the maintenance of such register of patent agents 
on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the 
conduct of qualifying examinations for patent agents; and matters connected with their practice and 
conduct, including the taking of disciplinary proceedings against patent agents for misconduct; 

(xv) the regulation of the making, printing, publishing and selling of indexes to, and abridgments 
of,  specifications  and  other  documents  in  the  patent  office;  and  the  inspection  of  indexes  and 
abridgments and other documents; 

(xvi) any other matter which has to be or may be prescribed. 

(3) The power to make rules under this section shall be subject to condition of the rules being made 

after previous publications: 

1[Provided  that  the  Central  Government  may,  if  it  is  satisfied  that  the  circumstances  exist  which 
render  it  practically  not  possible  to  comply  with  such  condition  of  previous  publication,  dispense  with 
such compliance.] 

160. Rules to be placed before Parliament.—Every rule made under this Act shall be laid, as soon 
as  may  be  after it is  made,  before  each  House  of  Parliament  while it is in  session  for a  total  period  of 
thirty days which may be comprised in one session or 2[in two or more successive sessions, and if before 
the  expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid]  both 
Houses  agree  in  making  any  modification  in  the  rule  or  both  Houses  agree  that  the  rule  should  not  be 
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may 
be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule. 

161.  [Special  provisions  with  respect  to  certain  applications  deemed  to  have  been  refused  under      

Act 2 of 1911.]—Omitted by The Patents (Amendment) Act, 2002 (38 of 2002), s. 46 (w.e.f. 20-5-2003). 

162. Repeal of Act 2 of 1911 in so far as it relates to patents and savings.—(1) The Indian Patents 
and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall 
be amended in the manner specified in the Schedule. 

3* 

* 

* 

* 

* 

(4) The mention of particular matters in this section shall not prejudice the general application of the 

General Clauses Act, 1897 (10 of 1987), with respect to repeals. 

(5)  Notwithstanding  anything  contained  in  this  Act,  any  suit  for  infringement  of  a  patent  or  any 
proceeding  for  revocation  of  a  patent,  pending  in  any  court  at  the  commencement  of  this  Act,  may  be 
continued and disposed of, as if this Act had not been passed. 

163.  [Amendment  of  Act  43  of  1958].—Omitted  by  The  Patents  (Amendment)  Act,  2005  (15  of 

2005), s. 77 (w.e.f. 1-1-2005). 

1. The proviso added by Act 15 of 2005, s. 76 (w.e.f. 1-1-2005).  
2. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986). 
3. Sub-sections (2) and (3) omitted by s. 66, ibid. (w.e.f. 20-5-2003).  

65 

 
 
 
 
 
 
 
 
                                                           
THE SCHEDULE 

[See section 162] 

AMENDMENTS TO THE INDIAN PATENTS AND DESIGNS ACT, 1911 

1. Long title—Omit “Inventions and”. 

2. Preamble—Omit “inventions and”. 

3. Section 1—In sub-section (1) omit “Indian Patents and”. 

4. Section 2— 

(a) omit clause (1); 

(b) in clause (2) omit “(as respects designs)”; 

(c) for clause (3), substitute— 

‘(3)  “controller”  means  the  Controller  General  of  Patents,  Designs  and  Trade  Marks 
appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 
of 1958);’; 

(d)  in  clause  (5)  for  “trade  mark  as  defined  in  section  478”,  substitute  “trade  mark                                  

as  defined  in  clause  (v)  of  sub-section  (1)  of  section  2  of  the  Trade  and  Merchandise  Marks                  
Act, 1958 (43 of 1958)”.; 

(e) omit clause (6);  

(f) in clause 7, after sub-clause (ee) insert,— 

“(f) in relation to the Union territories of Dadra and Nagar Haveli and Goa, Daman and Diu, 

the High Court at Bombay; 

(g) in relation to the Union territory of Pondicherry, the High Court at Madras.”; 

(g) omit clauses (8), (10) and (11); 

(h) for clause (12), substitute— 

‘(12)  “patent  office”  means  the  patent  office  referred  to  in  section  74  of  the  Patents                    

Act, 1970’.’ 

5. Omit Part I. 

6. For section 51B, substitute— 

“51B. Designs to bind Government.—A registered design shall have to all intents the like effect 
as against Government as it has against any person and the provisions of Chapter XVII of the Patents 
Act, 1970, shall apply to registered designs as they apply to patents.” 

7.  In  section  54,  for  “The  provisions  of  this  Act,”  substitute  “The  provisions  of  the  Patents                    

Act, 1970”. 

8. Omit sections 55 and 56. 

9. Section 57—For sub-section (1), substitute— 

“(1) There shall be paid in respect of the registration of designs and applications therefor and in 
respect  of  other  matters  relating  to  designs  under  this  Act  such  fees  as  may  be  prescribed  by  the 
Central Government.”. 

10. Omit section 59A. 

11. Section 61—Omit sub-section (1). 

66 

12. For section 62, substitute— 

“62.  Power  of  Controller  to  correct  clerical  errors.—The  Controller  may,  on  request  in  writing 
accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the 
name or address of the proprietor of any design or in any other matter which is entered upon the register 
of designs.”. 

13. Section 63— 

(a) in sub-section (1), omit “to a patent or” and “patent or”; 

(b)  in  sub-section  (2),  omit  “patent  or”  and  for  “patents  or  designs,  as  the  case  may  be,”, 

substitute “designs,”; 

(c) in sub-section (3), omit “patent or” wherever that expression occurs; 

(d) in sub-section (4), omit “to a patent or”. 

14. Section 64— 

(a) in sub-section (1), omit “patents or” and omit the word “either” wherever it occurs; 

(b) in sub-section (5), omit clause (a). 

15. Omit section 66. 

16. Section 67—Omit “for a patent, or for amendment of an application or of a specification, or”. 

17. Section 69—In sub-section (1), omit "to grant a patent for an invention or”. 

18. Section 71A—Omit “or from patents, specifications and other.”. 

19. Omit section 72. 

20. Omit sections 74A and 75. 

21. Section 76— 

(a) in sub-section (1), omit “other”; 

(b) in sub-section (2), in clause (c), omit “opponent”. 

22. Section 77— 

(a) in sub-section (1)— 

(i) in clauses (c) and (d), omit “specifications”; 

(ii) for clause (e), substitute— 

“(e) providing for the inspection of documents in the patent office and for the manner in 

which they may be published;”; 

(iii) omit clause (eee); 

(b) omit sub-section (2A). 

23. Omit section 78. 

24. For section 78A, substitute— 

“78A.  Reciprocal  arrangement  with  United  Kingdom  and  other  Commonwealth                 

countries—(1) Any person who has applied for protection for any design in the United Kingdom or 
his legal representative or assignee shall, either alone or jointly with any other person, be entitled to 
claim that the registration of the said design under this Act shall be in priority to other applicants and 
shall have the same date as the date of the application in the United Kingdom: 

Provided that— 

(a)  the  application  is  made  within  six  months  from  the  application  for  protection  in  the 

United Kingdom; and 

(b)  nothing  in  this  section  shall  entitle  the  proprietor  of  the  design  to  recover  damages  for 

infringements happening prior to the actual date on which the design is registered in India. 

67 

(2) The registration of a design shall not be invalidated by reason only of the exhibition or use of, 
or the publication of a description or representation of, the design in India during the period specified 
in this section as that within which the application may be made. 

(3) The application for the registration of a design under this section must  be made in the same 

manner as an ordinary application under this Act. 

(4)  Where  it  is  made  to  appear  to  the  Central  Government  that  the  legislature  of  any  such 
Commonwealth  country  as  may  be  notified  by  the  Central  Government  in  this  behalf  has  made 
satisfactory provision for the protection of designs registered in India, the Central Government may, 
by notification in the Official Gazette, direct that the provisions of this section, with such variations 
or additions, if any, as may be set out in such notification, shall apply for the protection of designs 
registered in that Commonwealth country.”. 

25. Omit sections 78B, 78C, 78D and 78E. 

26. Omit the Schedule. 

68 

