Section 43 of the Patents Act, 1970
Grant of patents
Section 43 is the provision under which a patent is actually granted, sealed and entered in the register once the application is in order.
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.
This explanation is written for clarity, not for citation. The official statutory text and any Gazette notification in force on your date govern, and they prevail over anything said here.
What this section says, in plain language
Everything that happens after filing points at this section. Publication under section 11A, the request for examination under section 11B, the first examination report, replies and amendments, hearings, and any pre-grant representation under section 25 all lead to a single question: is the application in order for grant. Section 43 answers what happens when it is.
Where the application has been found to be in order for grant, and it has not been refused by the Controller on any ground and has not been found to be in contravention of any provision of the Act, the patent is granted as expeditiously as possible with the seal of the patent office. The date on which the patent is granted is entered in the register. The fact of grant is then published in the Official Journal, and the application, the specification and the related documents become open to public inspection.
Two consequences flow from the publication of grant. It starts the twelve-month period within which a post-grant opposition may be filed under section 25(2). And it makes the prosecution file public, so third parties can see the amendments made, the arguments run and the prior art considered.
Grant is not a certificate of validity. The Act is explicit that the Controller's search does not warrant the validity of a patent, and a granted Indian patent can still be opposed after grant, revoked under section 64, or held invalid as a defence in an infringement suit. Nor does grant give commercial freedom to operate. Other people's patents, and any regulatory approvals that the product needs, are separate questions entirely.
Grant is also subject to Chapter VII. Where secrecy directions are in force, section 37 holds the grant order back even though the application has been found in order. Once grant does happen, a set of ongoing obligations begins: renewal fees become payable, the rights in section 48 become enforceable, and statements about the working of the patented invention become due.
Why this section matters
Every applicant whose application reaches the end of examination, and every third party watching a competitor's application move towards grant.
It applies at the close of prosecution, once the application has been found in order for grant and no ground of refusal stands.
It creates the granted patent itself, the entry of the date of grant in the register, and the publication that opens the file and starts the post-grant opposition period.
Applicants miss the obligations that begin at grant, including renewal fees and working statements, and third parties lose the twelve-month post-grant opposition window.
How it works in practice
The week a patent is granted
Kestrel Robotics Pvt Ltd receives a hearing notice, attends the hearing and files amended claims narrowing its gripper claim to a specific compliant finger geometry. The Controller is satisfied and the application is found to be in order for grant. The patent is granted with the seal of the patent office and the date of grant is entered in the register. Within a fortnight the grant is published in the Official Journal, and the whole prosecution file, including the amendments and the arguments Kestrel made about the vendor's web page, becomes open to inspection. Kestrel's counsel immediately does four things: diarises the twelve-month window in which a competitor may file a post-grant opposition under section 25(2), works out the renewal fee position by reference to the date of the patent rather than the date of grant, notes when statements about working the invention will fall due, and advises the sales team that they can now consider action against copies sold in India.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- A patent is granted when the application is in order for grant and has not been refused or found to contravene the Act.
- It is sealed by the patent office, and the grant date goes on the register as a public record.
- Grant is published in the Official Journal and the application file becomes open to public inspection.
- Publication of grant starts the twelve-month period for post-grant opposition under section 25(2).
- Grant does not warrant validity; the patent can still be opposed, revoked or held invalid.
- Where secrecy directions are in force, section 37 holds the grant order back.
Common mistakes and misunderstandings
- Treating grant as proof that the patent is valid. It is not, and the Act says the search does not warrant validity.
- Confusing the date of grant with the date of the patent. Section 45 dates the patent from the filing of the application, and renewals are worked out from that date.
- Assuming grant gives freedom to sell. Another person's patent, or a missing regulatory approval, can still block the product.
Connected provisions
A section of the Act states what the law requires. The detail of complying with it, including forms, periods and office procedure, sits in the Patents Rules, 2003. The Rules are a separate instrument and change far more often, so they are shown alongside rather than folded into the section.
Forms, deadlines and fees
- A post-grant opposition under section 25(2) must be filed within twelve months from the date of publication of the grant.
- Renewal fees are calculated from the date of the patent and are payable from the third year onwards, at the rates in the First Schedule.
- Where grant comes late, accumulated renewal fees fall due within the short period allowed by Rule 80; check the current Rule.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
Where a fee is payable under this provision, the figure comes from the First Schedule. Categories of applicant are charged at different rates, and electronic filing is treated differently from paper filing, so an accurate number can only come from the Schedule in force on the day you file. 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.
- 2005The Patents (Amendment) Act, 2005The section was replaced and the requirement to seal a patent was dropped. A patent is granted, given a number and entered in the register instead.
Compiled from official consolidated texts and Gazette notifications. See the site-wide change log.
Related judgments
Case summaries are published only after a qualified reviewer has checked the judgment, the citation and the way the holding is described. Nothing has cleared that review for this provision yet, so nothing is listed here. We would rather show no case note than one that misstates what a court decided. How case notes are prepared.
Questions people ask about Section 43
How long after the application is in order for grant does the patent issue?
The Act requires the patent to be granted as expeditiously as possible once the conditions are met, so there is no long fixed waiting period built into section 43. In practice the timing depends on the office workload and on whether anything is outstanding, such as a pending pre-grant representation under section 25(1) that has to be decided first. Where secrecy directions under section 35 are in force, section 37 holds the grant order back until those directions are revoked, however complete the file may be.
What becomes public when a patent is granted?
The fact of grant is published in the Official Journal, and the application, the complete specification and the documents on the file become open to public inspection. That includes examination reports, the applicant's replies, amendments made, hearing records and any pre-grant representation and its outcome. Competitors read this material closely, because it shows exactly how the claims narrowed and what was said about the prior art. It is worth assuming, while drafting replies during prosecution, that they will one day be read by an opponent.
Can a granted patent still be challenged?
Yes, in several ways. A post-grant opposition can be filed under section 25(2) within twelve months of publication of the grant. A revocation petition can be filed under section 64 on the grounds listed there. Invalidity can be raised as a defence and a counterclaim in an infringement suit. Grant reflects the Controller's satisfaction on the material available at the time; it is not a guarantee, and the Act expressly says the search does not warrant validity.
What obligations start once my patent is granted?
Renewal fees become payable to keep the patent in force, calculated from the date of the patent under section 45 and payable from the third year at the rates in the First Schedule. Statements relating to the working of the patented invention become due as required by the Act and the Rules. Any change in ownership or address should be recorded in the register. And the rights in section 48 become enforceable, which makes it worth having a plan for monitoring the market and for dealing with infringement.
Your application is nearing grant. What next?
MYCrave Consultancy takes applications through the final stages of grant and sets up renewals, working statements and enforcement from day one.
You will be speaking with MYCrave Consultancy & Services, the firm that operates this platform. General questions are answered free; matter‑specific work is quoted before anything is done.