Section 151 of the Patents Act, 1970
Transmission of orders of courts to Controller
Section 151 requires courts to send their patent orders and judgments to the Controller so the register reflects what the courts have decided.
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
A patent can be changed or destroyed by a court as well as by the Patent Office. A revocation petition can knock out claims or the whole patent. A court can order the specification to be amended. In an infringement suit or a groundless threats action under Section 106 the validity of particular claims is often contested and decided. If none of that reached the register, the public record would show a patent that no longer exists in the form recorded, and anyone searching would be misled.
Section 151 prevents that. Orders of the High Court on a petition for revocation, including an order granting a certificate of validity of a claim, must be transmitted by the court to the Controller, who then makes an entry and a reference to it in the register. Where the validity of a claim is contested in an infringement suit or in a Section 106 proceeding and the court finds the claim valid or invalid, the court sends a copy of its judgment and decree to the Controller for the same purpose. The obligation extends to appellate courts hearing appeals from those decisions.
The result is that the register of patents under Section 67 is meant to carry not only what the office has done but also what the courts have done. That matters because Section 72 makes the register open to inspection and Section 147 makes certified copies admissible. Someone doing freedom to operate work or valuing a patent portfolio should be able to see from the record that a patent has been partly revoked, or that a certificate of validity has been granted.
The certificate of validity point is worth spelling out. Under Section 113, where the validity of a claim is contested and the court finds it valid, the court may certify that fact. In a later infringement suit the patentee who relies on that certificate and obtains a final order in its favour is entitled to costs on a more generous basis, unless the court directs otherwise. So the entry recorded under Section 151 has direct financial consequences in later litigation.
For practitioners the lesson is procedural. Do not assume the entry has been made. After a judgment, check that the certified copy has actually reached the Controller and that the register has been updated, because a stale register can mislead a purchaser, a licensee or a court in the next dispute.
Why this section matters
Patentees and challengers after litigation, purchasers and licensees relying on the register, and anyone doing freedom to operate or due diligence work.
After a High Court order on revocation, after a judgment deciding validity in an infringement or groundless threats suit, and after any appeal from those decisions.
A duty on the court to transmit its order or judgment to the Controller, and a duty on the Controller to record it in the register.
The register keeps showing a patent as if untouched by litigation, so buyers, licensees and competitors act on an incomplete public record.
How it works in practice
A due diligence check that caught a partial revocation
Palash Polymers Pvt Ltd of Nagpur was negotiating to buy a portfolio of four Indian patents on barrier film coatings. Its adviser obtained certified copies of the register entries rather than relying on the seller's summary. One entry carried a reference to a High Court order in a revocation petition under which two of the five claims of the most valuable patent had been revoked, while the remaining claims survived. The seller's data room had included the granted specification with all five claims and nothing else. Because Section 151 required the court to transmit its order to the Controller and the Controller to record it, the true position was on the register even though the seller had not highlighted it. Palash renegotiated the price, and more importantly redesigned its planned product around the surviving claims rather than the revoked ones. Reading the register entry, and not just the granted specification, changed both the valuation and the engineering plan.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- High Court orders on revocation petitions, including certificates of validity, must be sent to the Controller.
- Judgments deciding the validity of a claim in an infringement suit or a groundless threats action must also be sent.
- The obligation applies to appellate courts as well.
- The Controller records the order or judgment in the register of patents.
- This keeps the public record consistent with what the courts have decided about a patent.
- A certificate of validity recorded under this section has costs consequences in later infringement suits under Section 113.
Common mistakes and misunderstandings
- Relying on the granted specification alone during due diligence, without checking the register for entries recording court orders.
- Assuming the register is updated automatically and instantly after judgment. It is worth confirming that the certified copy reached the Controller.
- Thinking only full revocation is recorded. Partial revocation and amendments ordered by a court also change what the patent covers.
Connected provisions
The rules connected to a section are listed on their own because they are subordinate legislation. They cannot go beyond the Act, but they can be changed by notification without a new statute, so seeing them separately makes it easier to check whether the current procedure is still what you remember.
Forms, deadlines and fees
Fees are prescribed in the First Schedule to the Patents Rules. Because the Schedule is revised from time to time, and charges different amounts to different categories of applicant and for physical as against electronic filing, this page describes the fee without stating a figure. 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.
- 2021The Tribunals Reforms Act, 2021References to the Appellate Board were removed from the provisions on transmitting court orders to the Controller.
- 2005The Patents (Amendment) Act, 2005The appellate body then created was added alongside the courts in this section.
Compiled from official consolidated texts and Gazette notifications. See the site-wide change log.
Related judgments
You will not find case summaries under this heading today. Each one must pass a legal review before it appears, and that work has not been completed for this provision. If you are researching decided cases, use a law report or a court database in the meantime. How case notes are prepared.
Questions people ask about Section 151
How do I find out if an Indian patent has been revoked by a court?
Check the register of patents, not just the granted specification. Section 151 requires courts to transmit revocation orders and validity judgments to the Controller, who records them in the register. Section 72 makes the register open to inspection and Rule 133 provides for certified copies. For serious diligence, obtain a certified extract rather than relying on a web print. Also check the Official Journal and the case records of the relevant High Court, since there can be a gap between judgment and the register entry.
What is a certificate of validity and why does it appear in the register?
Where the validity of a claim is contested in a proceeding and the court finds the claim valid, Section 113 allows the court to certify that finding. The certificate is transmitted to the Controller under Section 151 and entered in the register so that the world can see it. Its practical effect comes in a later infringement suit: a patentee who relies on the certificate and obtains a final order in its favour is entitled to costs on a more generous basis, unless the court directs otherwise.
Does a court order automatically change the patent?
The court order changes the legal position; the register entry records it so that the public can see it. If a court revokes claims, those claims are gone whether or not the register has caught up. That is precisely why the transmission duty exists, and why practitioners should verify after judgment that the certified copy has reached the Controller. Acting on an out of date register is risky for a purchaser, but the underlying rights are governed by the court's order.
Which courts does this apply to after the IPAB was abolished?
Since the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board, revocation petitions and appeals from the Controller are dealt with by the High Courts, and several High Courts have set up dedicated intellectual property divisions. Section 151 speaks of the courts deciding these matters and extends to appellate courts, so orders from the High Court and from any court hearing an appeal from it fall within the transmission duty.
Buying or licensing a patent that has been litigated?
MYCrave Consultancy runs register based diligence so you see revocations, amendments and validity certificates before you sign.
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