Sections 143 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 143 bars the Controller from publishing a patent application or its specification, without the applicant's consent, before the period prescribed under section 11A(1) expires or before the documents are open to public inspection under section 11A(3) or section 43. Section 144 makes the reports of examiners to the Controller confidential: they are not open to public inspection, not published, and not liable to production or inspection in any legal proceeding unless the court certifies that production or inspection is desirable in the interests of justice. If you are about to file or have received an examination report, our patent examination request team can help you handle the process.
s.143: "Subject to the provisions of Chapter VII", an application and its specification shall not, except with the applicant's consent, be published by the Controller before the period prescribed under s.11A(1) expires or before they are open to public inspection under s.11A(3) or s.43. s.144: examiners' reports to the Controller are not open to public inspection and not published, and are not liable to production or inspection in any legal proceeding unless the court certifies that this is desirable in the interests of justice and ought to be allowed.
Amendments to know
Section 143 is shown in square brackets: it was substituted by the Patents (Amendment) Act, 2005 (15 of 2005), section 72, with effect from 1 January 2005. The footnote reads "Subs. by Act s. 72, ibid."; the words "Act s." are a printing slip. The earlier text is not reproduced and is not described. Section 144 is printed in its original form without a footnote. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change either section. A drafting point: section 143 refers to "any specification file in pursuance thereof"; the sense is "filed".
Section 143: restrictions upon publication of specification
"Subject to the provisions of Chapter VII, an application for a patent, and any specification file in pursuance thereof, shall not, except with the consent of the applicant, be published by the Controller before the expiration of the period prescribed under sub-section (1) of section 11A or before the same is open to public inspection in pursuance of sub-section (3) of section 11A or section 43."
The section has a simple structure.
| Element | What the text says |
|---|---|
| Subject to | "the provisions of Chapter VII" |
| What is protected | An application for a patent and any specification filed with it |
| Who is restrained | The Controller |
| What is barred | Publication |
| Until when | The expiry of the period prescribed under section 11A(1), or until the documents are open to public inspection under section 11A(3) or section 43 |
| Exception | "except with the consent of the applicant" |
It helps to see what the cross-referred sections say.
- Section 11A(1): "no application for patent shall ordinarily be opened to the public for such period as may be prescribed". The period is prescribed; the Patents Rules, 2003 fix it, and no figure is given here.
- Section 11A(2): the applicant may, in the prescribed manner, request the Controller to publish at any time before that period expires. This is the "consent of the applicant" route in practice; see our article on section 11A.
- Section 11A(3): every application shall, on expiry of the period, be published, except where a secrecy direction under section 35 has been imposed, the application has been abandoned under section 9(1), or it has been withdrawn three months before the period ends.
- Section 43(2): on the grant of a patent the Controller publishes the fact of grant, and the application, specification and other documents "shall be open for public inspection".
So section 143 sits as a protective rule: the applicant's invention is not published early at the Controller's initiative. The opening words, "Subject to the provisions of Chapter VII", make the rule yield to that Chapter. The text does not say in what way; read Chapter VII for any such effect.
The section restrains the Controller. It does not forbid the applicant from publishing his own work, and it does not say what effect an applicant's own disclosure has on novelty. That belongs to other provisions of the Act.
Section 144: reports of examiners to be confidential
"The reports of examiners to the Controller under this Act shall not be open to public inspection or be published by the Controller; and such reports shall not be liable to production or inspection in any legal proceeding unless the court certifies that the production or inspection is desirable in the interests of justice, and ought to be allowed."
Three rules sit in the one sentence.
- Not open to public inspection. An examiner's report to the Controller is not open to inspection by the public.
- Not to be published. The Controller shall not publish it.
- Not liable to production or inspection in a legal proceeding, with one exception: "unless the court certifies that the production or inspection is desirable in the interests of justice, and ought to be allowed."
The exception has two limbs joined by "and": the court certifies that production or inspection is desirable in the interests of justice, and that it ought to be allowed. The decision is for the court, and the text gives no list of factors.
A reader should note what the section covers: "reports of examiners to the Controller". It does not, on its terms, cover the statement of objections the Controller communicates to the applicant, or the applicant's reply. The text of section 144 is silent on those. The practical position of the first examination report and the applicant's reply is explained in our posts on the patent examination process and the response to the first examination report; this article does not state more than the section says.
Illustration (invented)
Aero Sensors Pvt. Ltd. files an application on 3 March. The period prescribed under section 11A(1) has not yet expired. The Controller may not publish the application or specification, unless Aero consents (for example by making a request under section 11A(2)). When Aero asks, the Controller may publish.
In a later suit, Aero's competitor Delta Air Pvt. Ltd. asks the court to order production of the examiner's report to the Controller on Aero's patent. Section 144 says the report is not liable to production or inspection in any legal proceeding unless the court certifies that production or inspection is desirable in the interests of justice and ought to be allowed. Unless the court so certifies, the report stays confidential.
What the sections do not say
- They do not give the period prescribed under section 11A(1).
- Section 143 does not say what is published after the period; section 11A(5) lists the particulars.
- Section 144 does not say which court's certificate is needed, beyond "the court".
- Neither section mentions criminal procedure, so no BNSS or BNS note arises.
Need help with examination and reports?
Examiner reports are confidential, but the objections that follow them need a careful reply. Our patent examination request team can prepare the request for examination and the response and keep the timeline in view.
Key takeaways
- Section 143 stops the Controller from publishing an application or specification without the applicant's consent before the section 11A(1) period expires or before open inspection under section 11A(3) or section 43.
- Section 143 is subject to the provisions of Chapter VII.
- Examiners' reports to the Controller are not open to public inspection and are not published.
- They cannot be produced or inspected in legal proceedings unless the court certifies it is desirable in the interests of justice and ought to be allowed.
- The Act gives no figure for the section 11A(1) period; the Rules prescribe it.
Read next
- Section 142: fees
- Sections 145 and 146: official journal and power to call for information from patentees
- Section 11A: publication of applications
- Patent examination process: request, FER, hearing
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.