Sections 118 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 118 punishes a person who fails to comply with a secrecy direction under section 35, or who makes or causes to be made a patent application in contravention of section 39, with imprisonment for a term which may extend to two years, or with fine, or with both. Section 119 punishes the making of a false entry in a register kept under the Act, or the use of a false copy of it, in the same way. These two sections remain criminal offences in the text as consulted, while the other penalty provisions of Chapter XX were turned into monetary penalties in 2024. If a secrecy direction or a foreign filing question touches your invention, our legal consultation team can help you before you act.
s.118: failing to comply with a section 35 direction, or making or causing to be made an application for a patent in contravention of section 39 (foreign filing without permission), is punishable with imprisonment up to two years, or fine, or both. s.119: a false entry in a register kept under the Act, a writing falsely purporting to be a copy of an entry, or producing such a writing in evidence knowing it to be false, carries the same punishment. The Jan Vishwas (Amendment of Provisions) Act, 2026 provides for a further change to both sections; check whether that amendment has been brought into force.
Where these sections sit in Chapter XX
Chapter XX of the printed text is headed "Penalties". Its sections do not all work the same way after the Jan Vishwas (Amendment of Provisions) Act, 2023, which came into force for the Patents Act on 1 August 2024. The table shows the position as printed.
| Section | Subject | Nature in the printed text |
|---|---|---|
| 118 | Secrecy direction (s.35) or foreign filing (s.39) | Offence: imprisonment up to two years, or fine, or both |
| 119 | Falsification of entries in register | Offence: imprisonment up to two years, or fine, or both |
| 120 | Unauthorised claim of patent rights | Penalty up to ten lakh rupees, plus daily penalty (re-cast in 2023) |
| 121 | Wrongful use of words "patent office" | Omitted from 1 August 2024 |
| 122 | Refusal or failure to supply information | Penalty (re-cast in 2023) |
| 123 | Practice by non-registered patent agents | Penalty (re-cast in 2023) |
| 124 | Offences by companies | Offences, where a person commits an offence under the Act |
| 124A, 124B | Adjudication of penalties and appeal | Inserted in 2023 |
Sections 118 and 119 were not altered in 2023. Sections 120 to 124B are dealt with in the articles that follow in this series.
Section 118: contravention of secrecy provisions
"If any person fails to comply with any direction given under section 35 or makes or causes to be made an application for the grant of a patent in contravention of section 39, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both."
The words "or makes or causes to be made an application ... in contravention of section 39" were inserted by the Patents (Amendment) Act, 2002 with effect from 20 May 2003. So the section has two limbs.
| Limb | Trigger | Linked section |
|---|---|---|
| First | Failing to comply with a direction given under section 35 | Section 35: directions for secrecy of inventions relevant for defence purposes; see our article on sections 35 and 36 |
| Second | Making, or causing to be made, a patent application in contravention of section 39 | Section 39: residents not to apply outside India without permission; see our article on sections 39 and 40 |
The punishment is "imprisonment for a term which may extend to two years, or with fine, or with both". The text sets no minimum term and no amount of fine; the court has the choice among the three. The word "causes" reaches a person who arranges for another to file, such as an agent or a foreign affiliate acting on instruction.
The text does not say which court tries the offence, who may start the case, or the procedure. Where such matters turn on criminal procedure, note that from 1 July 2024 the Code of Criminal Procedure and the Indian Penal Code were replaced by the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Nyaya Sanhita; Sections 118 and 119 themselves cite neither.
Section 119: falsification of entries in register
"If any person makes, or causes to be made, a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both."
Three acts are covered:
- Making, or causing to be made, a false entry in any register kept under the Act, for example the register of patents or the register of patent agents.
- Making, or causing to be made, a writing falsely purporting to be a copy of an entry in such a register.
- Producing or tendering such a writing in evidence, "knowing the entry or writing to be false".
Knowledge is stated expressly for the third act. For the first two, the text does not use a word of knowledge; the words "false" and "falsely purporting" are the test. The punishment is the same as in section 118.
What the Jan Vishwas (Amendment of Provisions) Act, 2026 provides
The 2026 Act, item 35 of its schedule, provides for three changes to the Patents Act, 1970: the Chapter XX heading "Penalties" is to be replaced by "Punishments"; a proviso is to be added after section 118; and section 119 is to be omitted. The proviso says that in the case of contravention of section 39, if in the opinion of the Central Government the invention was not relevant for defence purpose or atomic energy at the time of the contravention, "the provisions contained in this section shall not apply". Its effect would be to take the section 39 limb of section 118 out of play where the Central Government forms that opinion; the section 35 limb is not mentioned in the proviso.
The 2026 Act itself says it comes into force on such date as the Central Government appoints by notification, and different dates may be appointed. No commencement notification is in the sources consulted, so whether these three changes are in force is not known. Check the Gazette before relying on either section.
Illustration (invented)
Arvind Systems Pvt. Ltd. makes a ruggedised communication module. The Controller gives a direction under section 35 on one of its inventions. An engineer shares the full specification with a foreign vendor despite the direction. That is a failure to comply with the direction, and section 118 applies to the person who failed to comply. Separately, Rohan Dynamics Pvt. Ltd. instructs its agent to file an application abroad for an invention made in India without the permission section 39 requires. Section 118 reaches the person who makes or causes the application to be made.
In a third case, a clerk enters a false assignee in a register to help a friend and later produces a copy of the entry in evidence knowing it to be false. Section 119 applies to the false entry and to the use of the false copy.
What the sections do not say
- They set no minimum punishment and no amount of fine.
- They do not name the court or the procedure.
- Section 118 does not mention section 39 permission in terms; read section 39 itself.
- Neither section has a company or "person in charge" rule; section 124 deals with companies.
Need help with secrecy directions or foreign filing?
If you are not sure whether an invention made in India may be filed abroad, or whether a direction under section 35 applies, ask before you file. Our legal consultation team can review the facts and the sections discussed here and advise on the safe sequence of steps.
Key takeaways
- Section 118 punishes failure to comply with a section 35 direction and filing in contravention of section 39 with imprisonment up to two years, or fine, or both.
- Section 119 punishes false register entries, false copies and producing false copies in evidence, with the same punishment.
- Sections 118 and 119 were not re-cast as monetary penalties in 2023.
- The 2026 Jan Vishwas Act provides for a proviso to section 118, omission of section 119 and a new Chapter heading; check whether it is in force.
- Where the text mentions criminal procedure, the BNSS and BNS replaced the earlier codes from 1 July 2024.
Read next
- Sections 35 and 36: secrecy directions for defence inventions and periodic review
- Sections 39 and 40: residents not to apply outside India and liability
- Section 120: unauthorised claim of patent rights
- Convention application for a patent: Paris Convention priority
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.