Chapter 13 : The Patent Act,1970

CHAPTER XIII: REGISTER OF PATENTS

This chapter establishes the single, official record of all patents and patent ownership in India. Think of it as the “Land Registry” or “DMV” for inventions.

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

(1) What it says: There shall be kept at the patent office a register of patents, wherein shall be entered— (a) the names and addresses of grantees… (b) notifications of assignments, extension, and revocations… (c) particulars of such other matters affecting the validity or proprietorship…
- In plain English: The Patent Office must maintain a master database (the “register”) that records:
  - (a) Who the patent was originally granted to.
  - (b) Every change in status: if it was assigned (sold) to someone else, extended, or revoked.
  - (c) Any other important legal details, like who has a license, or if the patent is used as collateral for a loan.
(2) What it says: 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.
- In plain English: The Controller only cares about legal ownership, not beneficial ownership.
- Real-world example: You are the legal owner of a patent, and your name is in the register. You have a private agreement with your brother that you are “holding it in trust” for him and will share all profits. The Patent Office will not record this “trust” agreement. As far as the law is concerned, you are the 100% owner. Any dispute between you and your brother is a private matter for a civil court, and it doesn’t affect the Controller’s actions.
(3) What it says: …the register shall be kept under the control and management of the Controller.
- In plain English: The Controller is the official “keeper” of the register.
(4) & (6) What they say: …it shall be lawful for the Controller to keep the register… in computer floppies, diskettes or any other electronic form…
- In plain English: The register can be (and is) a computer database, not just a physical logbook. Any reference to an “entry” in the register includes a record in this electronic database.
(5) What it says: …a copy of, or extracts from, the register… certified to be a true copy under the hand of the Controller… shall, in all legal proceedings, be admissible in evidence.
- In plain English: A printout from the patent register, certified by the Controller with an official seal, is considered proof in a court of law. If you want to prove you own a patent in an infringement lawsuit, you submit a certified copy from the register.

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

This is one of the most critical sections in this chapter. It makes patent transfers official and formal.

(1) What it says: An assignment of 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… is reduced to the form of a document embodying all the terms and conditions… and duly executed.
- In plain English: A verbal agreement to sell, license, or mortgage your patent is legally worthless. It is not valid.
- To be valid, the entire agreement, with all its terms, must be:
  1. In writing (a formal contract).
  2. “Duly executed” (which means signed by all the people involved).
- Real-world example: You meet a CEO at a conference and shake hands on a deal to license your patent for 5%. This is not a valid license. If the CEO later denies the deal, you have no recourse under patent law. You must have a signed, written contract.

Section 69: Registration of assignments, transmissions, etc.

This section explains what to do after you have your written contract from Section 68.

(1) What it says: Where any person becomes entitled by assignment, transmission or operation of law to a patent… or becomes entitled as a mortgagee, licensee or otherwise… he shall apply in writing… to the Controller for the registration of his title…
- In plain English: Once you get a patent right (e.g., you buy a patent, you inherit one, or you get a license), you must apply to the Controller to have this change recorded in the official register.
(2) What it says: …an application for the registration of the title… may be made… by the assignor, mortgagor, licensor or other party…
- In plain English: Either party to the deal can file the application.
- Real-world example: “SellerCorp” sells a patent to “BuyerCorp.” Either SellerCorp (the assignor) or BuyerCorp (the assignee) can send the contract to the Patent Office to get the register updated.
(3) What it says: Where an application is made… the Controller shall, upon proof of title to his satisfaction… (a) register him… as proprietor… or (b) enter… notice of his interest…
- In plain English: When the Controller receives the application and the signed contract, he will review it. If everything looks correct, he will officially:
  - (a) Change the name of the owner in the register (if it was a sale).
  - (b) Add a notice of the interest (if it was a license or mortgage).
(3) Proviso: …if there is any dispute between the parties… the Controller may refuse to take any action… until the rights of the parties have been determined by a competent court.
- In plain English: What if both parties send conflicting information? “SellerCorp” sends a letter saying, “The deal is off.” “BuyerCorp” sends the contract and says, “The deal is done.”
- The Controller will not play judge. He will freeze the register and refuse to make any changes until the two companies go to a real court and the court issues a final order telling the Controller who is right.
(4) What it says: …there shall be supplied to the Controller… copies of all agreements, licences and other documents… authenticated…
- In plain English: You must file a copy of the actual, signed legal agreement (or a certified “true copy”) with the Controller.
(4) Proviso: …in the case of a licence… the Controller shall, if so requested… take steps for securing that the terms of the licence are not disclosed to any person except under the order of a court.
- In plain English: License agreements contain sensitive financial details (like royalty rates). If the patentee or licensee requests it, the Controller will keep the contract confidential and not make it available to the public, unless a court orders its disclosure.
(5) What it says: …a document in respect of which no entry has been made in the register… shall not be admitted by the Controller or by any court as evidence of the title… unless the… court… otherwise directs.
- In plain English: This is the penalty for not registering your assignment.
- Real-world example: “SellerCorp” sells a patent to “BuyerCorp” in 2024. BuyerCorp forgets to register the sale with the Patent Office.
- In 2026, an infringer, “CopyCat Ltd,” starts selling the product. BuyerCorp sues them.
- In court, CopyCat Ltd argues, “BuyerCorp has no right to sue us. According to the official register, SellerCorp is still the owner!”
- The court can refuse to even look at BuyerCorp’s unregistered 2024 sale contract, effectively killing their lawsuit. The judge can make an exception (“otherwise directs”), but it is a massive and dangerous risk. Rule: Always register your transfers!

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

This section confirms why the register is so powerful.

(1) What it says: …the person or persons registered as grantee or proprietor of a patent shall have power to assign, grant licences… or otherwise deal with the patent…
- In plain English: The person whose name is in the register is the only person with the legal power to sell, license, or mortgage the patent.
- This is the “Principle of the Register.” The register is everything. If your name is on it, you have the power. If it’s not, you don’t.
(1) Proviso: Provided that any equities in respect of the patent may be enforced in like manner as in respect of any other movable property.
- In plain English: This is the exception that relates back to Section 67(2) on “trusts.”
- Real-world example: You are the registered owner, but you have a private contract (an “equity”) with your brother to share the profits. You sell the patent and keep all the money.
- Your brother cannot use patent law to stop the sale (because you are the registered owner). However, he can take you to a normal civil court for breach of contract (your private “equity” agreement) to get his share of the money from you.

Section 71: Rectification of register by Appellate Board

This section explains how to fix errors in the patent register. (Note: The functions of the “Appellate Board” mentioned here have been transferred to the High Courts).

(1) What it says: The Appellate Board 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… make such order for the making, variation or deletion, of any entry…
- In plain English: Any person who is legally harmed (“aggrieved”) by a mistake in the patent register can apply to the High Court to get it fixed. The High Court can then order the entry to be added, changed, or deleted.
- The mistake can be:
  - (a) Something is missing: You bought a patent, you registered the sale (under Sec 69), but the Controller’s office forgot to enter it.
  - (b) A wrong entry: A person files a fake assignment document, and the Controller mistakenly adds them as the new owner.
  - (c) An old entry is stuck: A patent that was revoked (cancelled) 5 years ago is still listed as “active” in the register.
  - (d) A simple error: The register has a typo in your company’s name or address.
- Real-world example: You buy a patent from “Innovate Ltd.” You send the signed contract to the Controller, but he refuses to register the sale due to a dispute. You take the case to the High Court. The Court rules in your favor and issues an order (under this section) directing the Controller to “rectify” the register by deleting “Innovate Ltd.” as the owner and making an entry for your name.
(2) What it says: …the Appellate Board may decide any question that may be necessary or expedient to decide in connection with the rectification…
- In plain English: The High Court can settle any related legal questions. For example, it can decide who the true owner of the patent is as part of the case about fixing the register.
(3) What it says: Notice of any application… shall be given… to the Controller who shall be entitled to appear and be heard…
- In plain English: When you sue to fix the register, you must notify the Controller. The Controller (as the keeper of the register) has the right to show up in court and provide his opinion to the judge, and must appear if the judge orders him to.
(4) What it says: Any order of the Appellate Board… rectifying the register shall direct that notice… be served upon the Controller… who shall… rectify the register accordingly.
- In plain English: When the High Court makes a final decision, the official court order is sent to the Controller. The Controller must then obey the order and make the correction in the database.

Section 72: Register to be open for inspection

This section establishes the patent register as a public document.

(1) What it says: …the register shall at all convenient times be open to inspection by the public; and certified copies… of any entry… shall be given to any person… on payment of the prescribed fee.
- In plain English: The patent register is not secret. Anyone can look at it (e.g., via the Patent Office’s online portal). You can also pay a fee to get an official, certified copy of a patent’s status, which can be used as evidence in court.
(2) What it says: The register shall be prima facie evidence of any matters required or authorised… to be entered therein.
- In plain English: This is a powerful legal concept. It means that a court will assume the patent register is 100% correct. The burden of proof is on the person who claims the register is wrong.
- Real-world example: You sue someone for infringement. You show the court a certified copy of the register with your name as the owner. The judge accepts this as proof of your ownership. The defendant can try to argue the register is wrong, but they must provide strong evidence to prove it.
(3) What it says: If the record… is kept in computer floppies… or 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… electronic form or printouts…
- In plain English: This section, written when digital records were new, confirms that the rules for “public inspection” and “prima facie evidence” also apply to the digital database and its printouts, not just a physical logbook.