Section 142 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 142 is the fee clause of the Act. It says that fees are to be paid for grants, applications and other matters in relation to the grant of patents, as the Central Government prescribes; that the Controller shall not do an act for which a fee is payable until the fee is paid; that a fee for filing a document is to be paid with the document or within the prescribed time or the document is deemed not filed; and that, where a principal patent is granted more than two years after filing, fees that fell due in the meantime may be paid within three months of recording, or within an extended period not later than nine months. The Act gives no amounts: they are prescribed. If you need help with renewals and fee deadlines, our patent renewal team can help.
s.142(1): fees "as may be prescribed by the Central Government" are paid for grants, applications and other matters in relation to the grant of patents. s.142(2): the Controller shall not do an act until the fee for it has been paid. s.142(3): a fee for filing a document is paid with the document or within the prescribed time, otherwise the document is deemed not to have been filed. s.142(4): where a principal patent is granted later than two years from the date of filing, fees that fell due meanwhile may be paid within three months of recording the patent in the register, or within an extended period not later than nine months from recording. No amounts are given in the Act.
Amendments to know
Sub-section (3) was substituted by the Patents (Amendment) Act, 2002 (38 of 2002), section 61, with effect from 20 May 2003, and is shown in square brackets. In sub-section (4), the words "the application" replaced "the complete specification" by the Patents (Amendment) Act, 2005, section 71, with effect from 1 January 2005; and the words "or within the extended period not later than nine months from the date of recording" were inserted by the 2002 Act, section 61, with effect from 20 May 2003. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change section 142. The Fee Schedule is not in the sources, so this article quotes no amount.
Sub-section (1): fees prescribed by the Central Government
"There shall be paid in respect of the grant of patents and applications therefor, and in respect of other matters in relation to the grant of patents under this Act, such fees as may be prescribed by the Central Government."
Three things follow from the words:
- What attracts a fee. The grant of patents, applications for patents, and "other matters in relation to the grant of patents under this Act". The Act itself names fees in several places, for example for appeals under section 117A and registration under section 126, each "as may be prescribed".
- Who fixes them. The Central Government prescribes. The Act sets no figures; the Patents Rules, 2003 and their Schedule do. This article gives none.
- Scope. The sub-section speaks of fees "in relation to the grant of patents". Fees in other places, such as renewal fees, are dealt with in the section that requires them; see our article on the term of a patent.
Sub-section (2): no act before payment
"Where a fee is payable in respect of the doing of an act by the Controller, the Controller shall not do that act until the fee has been paid."
The word is "shall not". If a fee is payable for an act of the Controller, such as hearing a request or making an entry, he must wait for payment. The text does not say what notice he must give. The practical point for an applicant is that an act waits on the fee.
Sub-section (3): fee for filing a document
"Where a fee is payable in respect of the filing of a document at the patent office, the fee shall be paid along with the document or within the prescribed time and the document shall be deemed not to have been filed at the office if the fee has not been paid within such time."
| Situation | Consequence under the text |
|---|---|
| Fee paid with the document | Document filed |
| Fee paid within the prescribed time | Document filed |
| Fee not paid within such time | Document "deemed not to have been filed at the office" |
The sentence is strict: an unpaid fee is not a mere defect to cure. The document is treated as if never filed, which can matter where a time limit under the Act is running. The prescribed time is "as prescribed" and is not stated here. The text does not say what happens to the date or to the document itself.
Sub-section (4): fees due when grant is delayed
"Where a principal patent is granted later than two years from the date of filing of the application, the fees which have become due in the meantime may be paid within a term of three months from the date of the recording of the patent in the register or within the extended period not later than nine months from the date of recording."
Let us take the parts in order.
- The condition. A principal patent is granted "later than two years from the date of filing of the application". The words "principal patent" distinguish it from a patent of addition, which section 54 deals with.
- The fees. Those "which have become due in the meantime", that is, fees that fell due between the filing and the grant. The text does not name which fees; renewal fees are the usual example.
- The time. "within a term of three months from the date of the recording of the patent in the register", or "within the extended period not later than nine months from the date of recording".
So there are two windows: three months as of right, and an extended period up to nine months. The text does not say how the extension is obtained, whether a fee is payable for it, or who grants it; the Rules may deal with that. The text names "nine months" as the outer limit ("not later than nine months").
Our post on patent renewal: annual fees and restoration after lapse explains lapse and restoration, and section 60 on restoration is covered separately.
Illustration (invented)
Quanta Valves Pvt. Ltd. files an application on 1 March of Year 1. The patent is granted and recorded in the register on 10 June of Year 4, which is later than two years from filing. Any fees that fell due in Years 2 and 3 (for example renewal fees) are fees that "have become due in the meantime". Quanta may pay them within three months of 10 June of Year 4, or within the extended period not later than nine months from 10 June of Year 4.
In a second case, a patentee files a document that carries a fee, but pays the fee after the prescribed time. Under section 142(3), the document is deemed not to have been filed. Before the Controller acts on a request that carries a fee, section 142(2) means the fee must be paid.
What the section does not say
- It gives no fee amounts. All amounts are prescribed.
- It does not say how the extended period in sub-section (4) is granted.
- It does not say whether fees are refunded.
- It does not set the prescribed time in sub-section (3).
- It does not mention concessions for different categories of applicants; if any exist, they are in the Rules.
Need help tracking patent fees?
A missed fee can mean a document is treated as not filed, or a patent that lapses. Our patent renewal team can track the fees and dates that apply to your patent and help you pay on time.
Key takeaways
- Fees are prescribed by the Central Government; the Act gives no amounts.
- The Controller shall not do an act until the fee for it is paid.
- A document whose filing fee is not paid with it or within the prescribed time is deemed not to have been filed.
- Where a principal patent is granted more than two years after filing, fees that fell due meanwhile may be paid within three months of recording, or within an extended period not later than nine months from recording.
Read next
- Sections 143 and 144: restrictions on publication and confidential examiner reports
- Sections 145 and 146: official journal and power to call for information from patentees
- Annual patent renewal fee schedule: all categories
- Term of patent: 20 years and renewal fees
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.