Section 120 of the Patents Act, 1970
Unauthorised claim of patent rights
Section 120 penalises falsely claiming that an article is patented in India or is covered by a pending Indian application.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
Read this as a plain-language summary. If it and the official text, or a relevant Gazette notification, say different things, the official text and the notification are what count.
What this section says, in plain language
Marking a product as patented is a powerful signal. Customers read it as proof that the design is original, and competitors read it as a warning to stay away. Section 120 exists so that this signal cannot be faked. A person who falsely represents that an article sold by him is patented in India, or that it is the subject of a patent application in India, is liable to a monetary penalty under the Act. The Jan Vishwas (Amendment of Provisions) Act, 2023 converted this from a court-imposed fine into a penalty decided by an adjudicating officer under Section 124A.
The section explains when a representation is deemed to have been made, so that sellers cannot hide behind clever wording. Stamping, engraving or printing the word patent or patented on an article, or using words that suggest an Indian patent has been obtained, counts as a representation that the article is patented in India. Words such as patent applied for or patent pending count as a representation that an application for a patent has been made in India. The false claim need not be spoken; it can sit silently on the packaging.
Several everyday situations create risk. A patent lapses for non-payment of renewal fees under Section 53 but the moulds still carry the word patented. An application is refused, withdrawn or deemed abandoned but the website still says patent pending. A product is covered by a patent in another country and the same packaging is used in India, where nothing was ever filed. In each case the marking has become untrue for the Indian market, even though the seller did not set out to deceive anybody.
The safe practice is precise and boring, which is what you want here. Mark the actual patent number and the country, review markings whenever renewal is missed or an application changes status, keep an internal list linking each product line to the patents that cover it, and take the marking off when protection ends. Where a patent covers only one component, say so rather than implying the whole product is protected. Honest marking also protects your own rights, because customers and competitors take a specific patent number more seriously than a vague claim.
Why this section matters
Manufacturers, sellers, importers and e-commerce listers who describe products as patented or patent pending in India.
At packaging and marketing stage, and again whenever a patent lapses or an application is refused, withdrawn or abandoned.
Liability to a monetary penalty for false claims of Indian patent protection, now adjudicated under Section 124A.
Penalty proceedings, forced recall or relabelling of stock, and complaints from competitors or consumer authorities about misleading claims.
How it works in practice
Old packaging, expired protection
Sarvodaya Kitchenware, a Rajkot MSME, obtained an Indian patent in 2012 for a locking pressure cooker handle. Its cartons and the moulded handle itself carry the words Patented India. The company misses several renewal payments and the patent lapses, and the term would in any case have ended after twenty years from the filing date. In 2026 a competitor launches a similar handle, and Sarvodaya sends a legal notice claiming patent infringement and pointing to the marking on its product. The competitor checks the Register, finds no subsisting patent, and complains that the marking is a false representation that the article is patented in India. Sarvodaya now faces the risk of penalty proceedings under Section 120, decided by an adjudicating officer under Section 124A, on top of the embarrassment of a notice it cannot support. The fix costs far less than the problem: new artwork, corrected moulds, a marking policy, and a diary for renewal dates.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- Falsely representing that an article sold is patented in India attracts a penalty under this section.
- Falsely representing that an Indian patent application is pending is treated the same way.
- Words like patent, patented, patent applied for and patent pending on an article count as such representations.
- The Jan Vishwas Act, 2023 turned this into a penalty adjudicated under Section 124A rather than a fine imposed by a criminal court.
- Markings must be updated when a patent lapses or expires, or when an application is refused, withdrawn or abandoned.
- The safest marking states the actual Indian patent number and the part of the product it covers.
Common mistakes and misunderstandings
- Assuming a patent granted abroad allows the word patented on goods sold in India. Patents are territorial, so the claim must be true for India.
- Leaving patent pending on packaging after the application is refused, withdrawn or deemed abandoned. The claim becomes false from that point.
- Believing that only deliberate lies count. A marking left behind after a lapse can still be a false representation, and the cheap answer is a regular review.
- Implying that an entire product is patented when a single component is protected. Describe what is actually covered.
Connected provisions
A section tells you what the law is. A rule tells you how the Patent Office runs it from day to day. The two are kept apart here so that a reader can quote the section accurately and then look up the current rule for the practical steps.
Forms, deadlines and fees
The official fee for anything described on this page is set out in the First Schedule to the Patents Rules. It is not the same for every applicant, and it is not the same for online and physical filing, which is why no amount is stated here. How Indian patent fees work.
Amendment history
What changed in this provision, newest first. Read the footnotes in the official consolidated text for the full record.
- 2023The Jan Vishwas (Amendment of Provisions) Act, 2023The penalty for falsely representing that an article is patented was raised and a continuing daily amount was added.
- 2005The Patents (Amendment) Act, 2005The maximum fine was increased.
Compiled from official consolidated texts and Gazette notifications. See the site-wide change log.
Related judgments
Case law is added slowly and deliberately. A summary is drafted, checked against the reported judgment and then reviewed before publication, because a wrong case note can mislead a reader badly. No summary for this provision has reached publication yet. How case notes are prepared.
Questions people ask about Section 120
Can I write patent pending on my product in India?
Only while an Indian patent application is genuinely on file and alive. The words are treated as a representation that an application has been made in India, so the claim must be true for India and not merely for another country. Keep a record of the application number and status, and remove the marking as soon as the application is refused, withdrawn or deemed abandoned. Marking with the application number is better practice than a bare phrase, because anyone can then verify the position for themselves.
My patent has lapsed but old stock still shows the word patented. What should I do?
Deal with it promptly and keep a record of what you did. Stop producing packaging with the marking, relabel or over-sticker stock where practical, correct websites, catalogues and marketplace listings immediately, and instruct distributors in writing. If the lapse can still be cured, consider an application for restoration under Section 60 within the period allowed, because restored protection changes the position going forward. Prompt, documented correction shows good faith if anyone later questions the marking.
Is a false patent claim now a criminal offence?
It is dealt with as a monetary penalty rather than a criminal punishment. The Jan Vishwas (Amendment of Provisions) Act, 2023 removed the criminal route for several contraventions in the Patents Act, and Section 124A now provides for penalties under this section to be imposed by an adjudicating officer of the Patent Office after an inquiry, with a right of appeal. That change does not make false marking acceptable. It changes who decides and what the consequence looks like, and the reputational damage of an unsupported patent claim remains.
Does this section help me stop a competitor making false patent claims?
It gives you a route to complain about conduct that misleads the market, and a competitor who advertises non-existent Indian patent protection is exposed to penalty proceedings under Section 124A. Businesses also use other tools alongside it, such as action for misleading advertising and, where relevant, proceedings for groundless threats of infringement under Section 106. Gather evidence first: dated photographs of the packaging, listings, invoices and a Register search showing the true status, before you write to anyone.
Are your patent markings still true in India?
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