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Patents Act, 1970 · Chapter XXIII — Miscellaneous

Section 146: Power of Controller to call for information from patentees

In plain English

Section 146 lets the Controller ask patentees for information.

During the life of a patent, the Controller may by written notice require a patentee or licensee to report, within two months or a longer time allowed, how far the patented invention has been commercially worked in India.

Separately, every patentee and licensee must file periodic statements on the working of the invention on a commercial scale in India, in the manner and at the intervals set by the Patents Rules.

The Controller may publish the information received.

This is a summary, not legal advice. The text of the Act below governs. Summary by , Co-founder and CEO, PatentAssist.ai.

Text of section 146

(1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the Controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice.

(2) Without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India.

(3) The Controller may publish the information received by him under sub-section (1) or sub-section (2) in such manner as may be prescribed.

Related PatentAssist guides

All sections of the Patents Act, 1970

Text of the Patents Act, 1970 as amended up to 2024, from the consolidated version published by the Office of the Controller General of Patents, Designs and Trade Marks (IP India). Reproduced under section 52(1)(q) of the Copyright Act, 1957. Check the official text before relying on it.