Section 15 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 15 is the Controller's main power over a non-compliant application. If the application, the specification or any other document filed with it does not comply with the Act or the Rules, the Controller may refuse the application, or require it to be amended to his satisfaction before he goes on with it, and then refuse it if the applicant does not amend. A hearing before a refusal is something an applicant should ask for early, so the section sits at the centre of any patent hearing support plan.
Where the Controller is satisfied that the application, a specification or any other document filed does not comply with the requirements of the Act or Rules, he may refuse the application or require amendment to his satisfaction before proceeding, and refuse the application on failure to do so. Sections 14 and 15 were substituted together in 2005 (from 1-1-2005).
The text
"Where the Controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the application on failure to do so."
The section was substituted by the Patents (Amendment) Act, 2005, section 14, with effect from 1-1-2005. The footnote says the 2005 Act substituted "sections 14 and 15" together, which is why the two read as a pair.
The three parts of the power
| Part | Text | Meaning |
|---|---|---|
| The trigger | "satisfied that the application or any specification or any other document ... does not comply with the requirements of this Act or of any rules" | The Controller must be satisfied of non-compliance |
| The first option | "may refuse the application" | A direct refusal |
| The second option | "may require the application, specification or the other documents ... to be amended to his satisfaction before he proceeds with the application" | Amendment first |
| The consequence | "and refuse the application on failure to do so" | If the applicant does not amend, refusal follows |
The trigger. It is wide: "the application or any specification or any other document filed in pursuance thereof". Anything filed with the application can be the source of non-compliance, and the standard is "the requirements of this Act or of any rules". The section does not narrow this to particular defects. The examiner's report under section 12 will usually be the source of the Controller's satisfaction, and section 14 requires him to communicate the gist of the objections and give a hearing if asked within the prescribed period; see our article on section 14. Section 15 does not itself say that the hearing must come first. The sequence "before proceeding to dispose of the application" is in section 14.
The two options. The Controller "may" refuse, or "may" require amendment. The word "may" gives him a choice. The text does not tell him which to use in which case.
Amendment "to his satisfaction". The amendment must satisfy the Controller. The applicant cannot simply file any amendment; the Controller decides whether it cures the non-compliance. The rules on what amendments are permitted are in sections 57 to 59, which we cover in later articles.
Refusal on failure. The last phrase ties the amendment requirement to a consequence: "refuse the application on failure to do so". This sentence does not say how long the applicant has. The time within which requirements must be complied with is dealt with in section 21 (see below) and in the Rules.
How section 15 connects to its neighbours
- Section 14 comes first: the gist of objections and the hearing.
- Section 17(2) deals with the date of an application amended under section 15: if the Controller so directs, the application, specification or other document is deemed to have been made on the date the requirement is complied with, or, if it is returned to the applicant, on the date it is refiled after complying. See our article on sections 16 and 17. The text of 17(2) says "if the Controller so directs", so it is not automatic.
- Section 21 sets the period for compliance: an application is deemed abandoned unless, within the prescribed period, the applicant has complied with all requirements from the date the first statement of objections is forwarded. See our article on section 21.
- Appeal. A refusal is an order of the Controller. Since the Tribunals Reforms Act, 2021, appeals from the Controller's orders lie to the High Court, not the Appellate Board; the relevant section is 117A, which we cover later in this series. The text of section 15 itself says nothing about appeals.
Example
Example. Kestrel Marine Pvt Ltd (fictional) files an application for a hull-cleaning robot. After examination, the Controller is satisfied that the specification has claims that are not fairly based on the description and that a required document was filed in the wrong manner. He may refuse the application outright under section 15. Alternatively, he may require the claims and the document to be amended to his satisfaction before he proceeds. The company amends, and the Controller is satisfied; the application proceeds. If the company did not amend, the last limb of section 15 would apply and the Controller would "refuse the application on failure to do so".
What section 15 does not say
- It does not list what counts as non-compliance. The reference is to "the requirements of this Act or of any rules".
- It does not give a period for amendment; see section 21 and the Rules.
- It does not state a right of hearing; section 14 deals with the hearing at the stage of objections.
- It does not say what happens after refusal; that is a matter of appeal and other sections.
- It does not apply to the grounds in section 25 (opposition) or section 64 (revocation), which sit in other parts of the Act.
Practical steps
- Respond to the objections properly and on time. Missing the period in section 21 can lead to the application being deemed abandoned, a separate result from refusal.
- Ask for a hearing under section 14 where you disagree. A hearing is the main opportunity to explain before a refusal.
- Offer amendments that clearly cure the defect. The Controller must be satisfied.
- Keep the record clean. If an order is made against you, the record will matter on appeal.
For the wider process see our overview of the patent examination process.
Need help with ...?
Facing a possible refusal means preparing the hearing and the amendments together. Our team can help you present the case before the Controller under patent hearing support.
Key takeaways
- The Controller may refuse an application, or require amendment to his satisfaction, where the application or any document does not comply with the Act or Rules.
- If the applicant fails to amend as required, the Controller refuses the application.
- The power works with section 14 (objections and hearing) and section 21 (time to comply).
- Appeals against the Controller's orders now go to the High Court.
Read next
- Section 14: consideration of examiner's report
- Section 16 and 17: division and dating
- Section 21: time for putting application in order
- Common patent application rejections and how to overcome them
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.