Section 72 of the Patents Act, 1970
Register to be open for inspection
Makes the register of patents open to public inspection and entitles anyone to certified copies of entries on payment of the prescribed fee.
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 is a public bargain: the state grants a limited monopoly and the public gets disclosure. Section 72 carries that logic into the record of ownership. The register of patents is open to inspection by any person, subject to the conditions set out in the Rules, and certified copies of any entry are supplied to anyone who asks and pays the fee prescribed in the First Schedule.
The reason is practical. If you want to license a technology, you need to know who to write to. If you are about to launch a product, you need to know whether the patent blocking you is still in force and who holds it. If you are lending against a patent, you need to see whether anyone else has recorded an interest. None of that works if ownership is a private matter between the patentee and the office.
Where the register is maintained on computer, inspection means access to the electronic record or a printout of the relevant entry, and that printout is treated as the entry. In everyday practice, the Patent Office's online search and status pages carry the same information, and the register extract can be obtained on request. Rule 95 deals with inspection and the fee, and Rule 133 with the supply of certified copies and certificates.
A certified copy matters because of what it can do in evidence. Under section 147, a certified copy of an entry, sealed with the seal of the Patent Office, is admissible in evidence without further proof or production of the original. That saves a party in litigation from having to bring an officer of the Patent Office to court to prove ownership, renewal payments or the recording of an assignment.
Why this section matters
Competitors doing freedom to operate checks, potential licensees, investors and acquirers, lenders, litigators and researchers.
Before any transaction, launch decision, licence negotiation or enforcement step involving a granted Indian patent.
A public right of inspection and a right to obtain certified copies, and a matching duty on the Patent Office to supply them.
Decisions get made on assumptions - that a patent is alive when it lapsed, or that the seller is the owner when the register says otherwise.
How it works in practice
A freedom to operate check before a product launch
Kaveri Cold Chain Pvt Ltd, Erode, plans to launch an insulated milk crate with a phase change lining. Its consultant finds an Indian patent that appears to cover the lining arrangement. Rather than guessing, Kaveri inspects the register entry for that patent. The entry shows renewal fees paid only up to the seventh year, no restoration application recorded, and an assignment two years ago to a Delhi holding company. Kaveri obtains a certified copy of the entry. The picture is now clear: the patent has lapsed for non-payment, though it could in principle still be restored within the window the Act allows. Kaveri decides to proceed with the launch but instructs its adviser to monitor the register for a restoration entry, and keeps the certified copy on file. Months later a demand notice arrives from the holding company. Kaveri replies with the certified extract, and the matter ends there.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- Anyone can inspect the register; you do not need a reason or an interest in the patent.
- Inspection is subject to the conditions in the Rules and payment of the fee prescribed in the First Schedule.
- Certified copies of entries are supplied on request and carry the seal of the Patent Office.
- A sealed certified copy is admissible in evidence without producing the original.
- Where the register is electronic, a printout of the entry counts as the entry.
- Register checks are the least expensive first step in freedom to operate and due diligence work.
Common mistakes and misunderstandings
- Confusing the register with the file wrapper. The register records ownership and status events; the prosecution file contains the specification, examination report and replies, which are governed by separate rules.
- Relying on an undated screenshot in a dispute. For anything contested, take a certified copy so it is admissible without further proof.
- Assuming a lapsed patent is permanently dead. Restoration is possible within the period the Act allows, so keep watching the entry.
Connected provisions
Sections and rules are different kinds of law. A section is enacted by Parliament, while a rule is made by the Central Government using powers the Act grants. Keeping them apart shows which text you are reading and which of the two is more likely to have been revised recently.
Forms, deadlines and fees
We do not publish fee amounts. The First Schedule sets them, and they differ by category of applicant, such as a natural person, a startup, a small entity or another applicant, and by the mode of filing. Check the Schedule currently in force before you calculate anything. How Indian patent fees work.
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 72
How do I get a certified copy of a register entry?
You make a request to the Patent Office and pay the fee prescribed in the First Schedule, following the procedure in the Rules for certified copies. The office issues a copy bearing its seal. Allow time for processing and ask for the copy well before any hearing date, because a court will usually not accept a printout downloaded from a website as the equivalent of a sealed certified copy when title is genuinely in dispute.
Can I see who has licensed a patent?
Only if the licence was recorded. Recording is not compulsory for validity between the parties, so many licences never appear. What you will see is any interest that someone applied to enter under section 69. Treat the absence of a licence entry as an absence of information, not as proof that the patent is unlicensed. When the point matters commercially, ask the patentee directly and take a warranty in your agreement covering unrecorded licences, sub-licences and options.
Is there a difference between inspecting the register and inspecting the patent file?
Yes. The register is the ownership and status record covered by this section. The documents relating to an application and its grant are opened up under separate provisions, with published applications and their documents available under the Rules once publication has happened. Before publication, the office keeps the file confidential, and officers are barred from disclosing information about it. So a register search tells you who owns what, while a file inspection tells you what was claimed, objected to and amended.
Does inspection tell me whether a patent is valid?
No. It tells you whether the patent exists, who holds it, whether renewals are paid, whether it was amended, surrendered, revoked or restored, and what interests are recorded. Validity is a separate question that depends on prior art and the requirements of the Act, and it is decided in opposition, revocation or infringement proceedings, not by looking at the register.
Need to know if a patent is still in force?
MYCrave Consultancy carries out register inspections, status verification and certified copy requests for launch and due diligence decisions.
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.