Rule 95 of the Patents Rules, 2003
Inspection of register of patents under section 72 and fees payable therefor
Opens the register of patents to public inspection and allows 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.
Nothing here replaces the statute. The official wording of the provision, together with any Gazette notification that applies to it, governs. This page only explains that material in ordinary language.
What this rule requires, step by step
Section 72 makes the register of patents open to public inspection, and Rule 95 sets out how that access works and that fees are payable. Access is available at the Patent Office, and because the register is now maintained electronically, inspection in practice largely happens through the Patent Office online services, where the status and register particulars of a patent can be viewed.
Public access is a deliberate part of the patent bargain. In exchange for a time-limited monopoly, the patentee accepts that the existence, ownership and status of the right are public knowledge. Businesses need to know who owns a patent before negotiating, whether it is still in force before launching a product, and whether it is mortgaged or licensed before buying it. None of that would be possible if the register were confidential.
There is a difference between viewing an entry and obtaining a certified copy. Viewing is enough for a commercial check. A certified copy, issued by the Patent Office on payment of the fee prescribed in the First Schedule, is the document to use where the record must be proved, for example when filing evidence in court, satisfying a lender, completing a transaction, or supporting a claim before a government authority. Certified copies of entries and certificates by the Controller are provided under sections 72 and 147 with the related rules.
For patent owners, open inspection cuts both ways. Competitors watch the register, so a lapse, an assignment or a mortgage will be noticed. Owners who understand this use the register actively: they check the entries on patents that block them, watch changes of ownership that signal a competitor's strategy, and keep their own entries clean because a messy register slows every deal down.
Why this rule matters
Anyone doing freedom-to-operate checks, due diligence, competitor monitoring or litigation preparation, and patentees whose entries are visible to all.
Before licensing, buying, lending against, launching around or suing on a patent, and whenever formal proof of an entry is needed.
A public right of inspection of the register and a right to obtain certified copies of entries on payment of the prescribed fee.
Decisions get made on assumptions about ownership or status that the register would have corrected in minutes.
How it works in practice
A dealer checks before signing
A Nashik agricultural equipment dealer is offered exclusive distribution rights for a patented seed drill by a company that claims to own the Indian patent. The dealer's advocate inspects the register before the agreement is signed. Two things emerge. The recorded proprietor is not the company offering the licence but its parent, and there is a recorded interest in favour of a lender. Neither fact was mentioned in the negotiation. The dealer does not walk away; instead it restructures the deal so that the recorded proprietor is a party to the licence and the lender's consent is obtained in writing. Later, when the dealer applies for a bank facility to fund inventory, the bank asks for proof that the patent is in force and correctly owned. The dealer obtains certified copies of the relevant register entries from the Patent Office on payment of the prescribed fee, and the facility is sanctioned without further argument.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- The register of patents is open to public inspection under section 72.
- Inspection today is largely through the Patent Office electronic services.
- Certified copies of entries can be obtained on payment of the fee prescribed in the First Schedule.
- Use a certified copy where the record must be proved to a court, a bank or an authority.
- Competitors can and do watch your register entries, so keep them accurate.
Common mistakes and misunderstandings
- Relying on what a counterparty says about ownership when the register can be checked in minutes.
- Producing a screen printout where a certified copy is required, and having the evidence questioned.
- Confusing inspection of the register with access to the full prosecution file, which is a separate request under the rules on documents open to public inspection.
Connected provisions
The link between a rule and its section matters in practice, because an argument about whether a procedure is valid usually starts with the parent provision. The connected sections are listed here, apart from the explanation, so the chain of authority is easy to follow.
Forms, deadlines and fees
Any official fee connected with this provision is fixed by the First Schedule to the Patents Rules, not by the provision itself. The amount depends on who the applicant is and on whether the filing is made online or on paper, so no figures are reproduced here. 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 Rule 95
Can anyone inspect the Indian patent register?
Yes. Section 72 makes the register open to public inspection, subject to the conditions and fees in the Rules. In practice most inspection now happens through the Patent Office online services, where you can look up a patent and see its status and register particulars. You do not need to show any interest in the patent or give a reason. That openness is what makes freedom-to-operate checks and due diligence possible.
How do I get a certified copy of a register entry?
Apply to the Patent Office for a certified copy and pay the fee prescribed in the First Schedule. Certified copies and certificates of entries are provided under sections 72 and 147 and the related rules. Ask for a certified copy whenever the record has to be proved rather than merely checked, for example as evidence in a suit, for a lender or investor, for a government tender, or to support a claim of ownership in another jurisdiction.
Is the register the same as the patent file?
No. The register records particulars about the patent, such as ownership, interests, renewals, amendments and revocation. The prosecution file contains the application, the specification, examination reports, replies and other documents. Access to documents on the file is governed by separate provisions about documents open to public inspection, and some documents become available only after publication. For a full picture of a patent you usually need to look at both.
Need certainty about who owns a patent?
MYCrave Consultancy runs register searches, status checks and certified copy requests for diligence and litigation.
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