Sections 145 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 145 requires the Controller to publish periodically an official journal containing the information that the Act or the rules require to be published. Section 146 gives the Controller power to call for information about the commercial working of a patented invention in India. By a written notice, he may require a patentee or a licensee, exclusive or otherwise, to furnish information or periodical statements within two months, or such further time as he allows. Separately, every patentee and licensee must furnish statements of working at intervals not less than six months as prescribed. If you hold a patent or a licence, our patent renewal team can help you keep these statements on time.
s.145: the Controller shall publish periodically an official journal with the information that the Act or the rules require to be published. s.146(1): at any time during the patent, the Controller may by written notice require a patentee or licensee to furnish, within two months of the notice (or such further time as he allows), information or periodical statements on the extent to which the invention has been commercially worked in India. s.146(2): every patentee and licensee must furnish statements of working in the manner, form and intervals (not less than six months) as prescribed. s.146(3): the Controller may publish the information received. Failure brings a penalty under s.122.
Amendments to know
Section 145 is shown in square brackets: it was substituted by the Patents (Amendment) Act, 2005 (15 of 2005), section 73, with effect from 1 January 2005. The earlier text is not reproduced and is not described. Section 146 carries no amendment footnote in the text; but the penalty for refusing or failing to furnish the information it requires was re-cast by the Jan Vishwas (Amendment of Provisions) Act, 2023 in section 122, with effect from 1 August 2024. The Tribunals Reforms Act, 2021 did not change these sections.
Section 145: the official journal
"The Controller shall publish periodically an official journal which shall contain such information as may be required to be published by or under the provisions of this Act or any rule made thereunder."
Three points:
- The duty is on the Controller: "shall publish".
- The journal is published "periodically". The text does not set an interval.
- Its contents are "such information as may be required to be published by or under the provisions of this Act or any rule made thereunder". So whatever the Act or the Rules say must be published, for example the publication of applications under section 11A(5) and the fact of grant under section 43(2), goes there. The text of section 145 itself lists nothing.
The official journal is thus the record of public notices. The text does not say whether it is printed or electronic.
Section 146(1): the Controller's notice
"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."
| Element | What the text says |
|---|---|
| When | "at any time during the continuance of the patent" |
| How | "by notice in writing" |
| Who is asked | "a patentee or a licensee, exclusive or otherwise" |
| Time | "within two months from the date of such notice or within such further time as the Controller may allow" |
| What | "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" |
The two months run from the date of the notice. The extension is in the Controller's discretion: "such further time as the Controller may allow". The subject is the extent of commercial working in India. The notice itself specifies what is wanted.
Section 146(2): statements every patentee and licensee must furnish
"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."
This duty does not wait for a notice. "Every patentee and every licensee" must furnish the statements. Three terms are for the Rules: the manner, the form and the intervals. The Act fixes only a floor on the intervals: "not being less than six months". The text does not say what the actual interval is, and it is not stated here. The form used in practice is explained in our guide to the annual statement of working of a patent; that guide, and not this article, deals with the form.
The matter of working is also at the heart of section 83, which sets general principles for working; see our post on working of a patent in India and section 83.
Section 146(3): publication of the information
"The Controller may publish the information received by him under sub-section (1) or sub-section (2) in such manner as may be prescribed." So the information on working need not stay private; the Controller may publish it, in the prescribed manner. The text does not say whether he must.
Penalty for default
Section 122(1)(b) says that a person who refuses or fails to furnish to the Controller any information or statement required by or under section 146 is liable to a penalty which may extend to one lakh rupees, and a further one thousand rupees for every day after the first during which the refusal or failure continues. Section 122(2) provides a different penalty for false information. These are imposed after an inquiry by an adjudicating officer under section 124A. See our article on sections 122 and 123.
Illustration (invented)
Cobalt Pumps Pvt. Ltd. holds a patent on a pump and has granted an exclusive licence to Wavecrest Engineering Pvt. Ltd. On 10 July the Controller sends each of them a written notice under section 146(1) asking for information on how far the pump has been commercially worked in India. Each must furnish the information within two months from 10 July, or within such further time as the Controller allows. Independently of any notice, section 146(2) requires each of them to furnish statements of working at the intervals prescribed, which cannot be less than six months apart.
If Wavecrest fails to furnish the information, the Controller may begin proceedings for the penalty in section 122(1). The Controller may also publish the information received, in the prescribed manner.
What the sections do not say
- Section 145 does not set the interval of the journal or its form.
- Section 146 does not give the actual interval for the statements; the text sets only a floor of six months.
- It does not give the form of the statement or the manner of furnishing it.
- It does not say what happens to the patent itself on default; the penalty route is in section 122.
- It does not say what the Controller does with the information, except that he may publish it.
Need help with working statements?
Missing a statement of working can lead to a penalty, and the information you give should be accurate. Our patent renewal team can help you keep track of the dates and prepare the statements for your patent and your licensees.
Key takeaways
- The Controller must publish an official journal periodically, with the information the Act or rules require to be published.
- Under section 146(1) he may, at any time during the patent, require a patentee or licensee by written notice to furnish working information within two months or such further time as he allows.
- Under section 146(2) every patentee and licensee must furnish statements of working at prescribed intervals not less than six months.
- The Controller may publish the information received.
- Refusal or failure is penalised under section 122, and false information attracts the section 122(2) penalty.
Read next
- Section 142: fees
- Sections 143 and 144: restrictions on publication and confidential examiner reports
- Form 27: statement of working of patent (annual)
- Working of patent in India: section 83 and Form 27
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.