Sections 147 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.
These three sections deal with proof and paperwork. Section 147 makes the Controller's signed certificate prima facie evidence of an entry or act, makes a sealed certified copy of a register entry or patent admissible in all courts without further proof, and protects the Controller and officers from being compelled to produce the register or appear as witnesses unless the court so orders for special causes. Section 148 lets a guardian, committee or manager, or a person appointed by a court, act for someone incapable of acting through minority, lunacy or other disability. Section 149 allows notices, applications and documents to be given, made or filed by post. If you rely on a register entry in a dispute, our legal consultation team can help you obtain and use a certified copy.
s.147(1): a certificate purporting to be signed by the Controller about any entry, matter or thing he is authorised to make or do is prima facie evidence. s.147(2): a certified and sealed copy of a register entry, document or patent is admitted in evidence in all courts without further proof or production of the original. s.147(3): the Controller or an officer cannot be compelled to produce the register or appear as a witness in proceedings to which he is not a party, unless the court orders for special causes. s.148: a guardian, committee or manager, or a person appointed by a court, may act in the name and on behalf of a person under minority, lunacy or other disability. s.149: notices, applications and documents may be given, made or filed by post.
Amendments to know
Sections 147, 148 and 149 are printed in their original form, with no amendment footnote. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change them. The heading of section 148 uses the words "infant, lunatic"; this article keeps to the operative words "minority, lunacy or other disability" used in the text of the section.
Section 147: evidence of entries and documents
Sub-section (1): the Controller's certificate
"A certificate purporting to be signed by the Controller as to any entry, matter or thing which he is authorised by this Act or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done."
The certificate proves three things on its face: that the entry was made, what it says, and that the matter or thing was done or omitted. "Prima facie" means it stands until displaced by other evidence. The certificate must be one "purporting to be signed by the Controller". The text does not say how the signature is shown.
Sub-section (2): certified copies
"A copy of any entry in any register or of any document kept in the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the Controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof or production of the original."
| Item | What the text says |
|---|---|
| What | A copy of an entry in any register, of a document kept in the patent office, or of any patent, or an extract |
| Certified by | The Controller |
| Sealed with | The seal of the patent office |
| Effect | Admitted in evidence "in all courts, and in all proceedings, without further proof or production of the original" |
So a party who needs to prove an entry, such as an assignment recorded in the register (see our article on registration of assignments and transmissions), can use a certified and sealed copy. The words are wide: "in all courts, and in all proceedings". The text does not say how to apply for the copy or what fee is payable.
Sub-section (3): officers need not produce the register
"The Controller or any other officer of the patent office shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes."
The protection covers two things: producing the register or any other document whose contents can be proved by a certified copy, and appearing as a witness to prove what is recorded. The exception is an order "made for special causes". The sub-section applies only in proceedings "to which he is not a party". The text does not list "special causes".
Section 148: persons under disability
Sub-section (1)
"If any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such things in the name and on behalf of the person subject to the disability."
The steps are:
- The person is incapable, by reason of minority, lunacy or other disability, of making a statement or doing a thing required or permitted by the Act. The most common case is that of a minor who is the inventor or the assignee of a patent.
- The first persons to act are the lawful guardian, committee or manager (if any).
- If there is none, a person appointed by a court having jurisdiction over the person's property may act.
- The statement made is "such statement or a statement as nearly corresponding thereto as circumstances permit". This recognises that a statement drafted for a person acting for himself may not fit exactly.
- Things are done "in the name and on behalf of" the person under disability.
Sub-section (2): appointment by the court
"An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing." So the petition may come from a person acting for the person under disability or from any other interested person.
Section 149: service by post
"Any notice required or authorised to be given by or under this Act, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post."
Three things may go by post: a notice given under the Act, an application, and any other document to be made or filed. The word is "may". The section does not make post the only method, and does not say when a posted item is treated as received. It gives no rule on proof of posting, addresses or registered post. Those details are for the Rules, if they exist, and are not stated here. Time limits that run from "the date of the notice" or "receipt" are set in each section, such as the sixty days from the date of receipt of an order in section 124B(1).
Illustration (invented)
Rohit and Pooja Nair's late father, Mr. Nair, left them a patent. Pooja is 16. A statement is required from the owners in a proceeding before the Controller. Under section 148(1), Pooja's lawful guardian may make the statement, or one as nearly corresponding as circumstances permit, in her name and on her behalf. If she has no guardian, a person appointed by a court with jurisdiction over her property may act, on petition under section 148(2).
Later, Rohit needs to prove an assignment recorded in the register in a suit. He obtains a copy of the entry certified by the Controller and sealed with the seal of the patent office. Under section 147(2), the copy is admitted in evidence without further proof or production of the original. The Controller need not appear as a witness unless the court orders it for special causes (section 147(3)).
Rohit's company sends a reply to a Controller's notice by post. Section 149 says a document may be filed by post; the section does not say when it is deemed received.
What the sections do not say
- Section 147 does not say how to obtain a certified copy or what it costs.
- Section 147(3) does not define "special causes".
- Section 148 does not say how a guardian's authority is proved.
- Section 149 does not say when a posted document is treated as filed or received, or what proof of posting is needed.
- None of the sections refers to criminal procedure.
Need help with evidence or filings?
A certified copy can decide how smoothly a dispute proceeds, and the way a notice or document is sent can affect the dates that count. Our legal consultation team can advise on getting certified copies and on safe ways to give notices and make filings.
Key takeaways
- The Controller's signed certificate is prima facie evidence of an entry and of the matter or thing done or omitted.
- A copy certified by the Controller and sealed with the seal of the patent office is admitted in evidence in all courts without further proof or the original.
- The Controller and officers cannot be compelled to produce the register or appear as witnesses in proceedings to which they are not a party, unless the court orders for special causes.
- A guardian, committee, manager or court-appointed person may act in the name and on behalf of a person under minority, lunacy or other disability.
- Notices, applications and documents may be given, made or filed by post; the section is silent on when they are deemed received.
Read next
- Sections 150 and 151: security for costs and transmission of court orders
- Sections 145 and 146: official journal and power to call for information from patentees
- Rights of patentee: what a patent protects
- Introduction to the Patents Act, 1970: complete guide
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.