Sections 150 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 150 lets the Controller require security for costs from a party who gives notice of opposition, or applies for a licence under a patent, if that party neither resides nor carries on business in India; if the security is not given the Controller may treat the opposition or application as abandoned. Section 151 requires the High Court and other courts to send certain orders and judgments on revocation and on validity of claims to the Controller, who has them entered in the register or in a supplemental record. If you are a foreign party in an Indian patent proceeding, or rely on a court finding of validity, our legal dispute resolution team can help you with both steps.
s.150: if a party who gives notice of opposition or applies to the Controller for a licence under a patent neither resides nor carries on business in India, the Controller may require security for the costs of the proceedings and, in default, may treat the opposition or application as abandoned. s.151: every High Court order on a revocation petition (including orders granting certificates of validity) must be transmitted to the Controller for entry in the register; in an infringement suit or a suit under section 106 where the validity of a claim is contested and decided, the court transmits its judgment and decree for entry in a supplemental record; the same applies to appeal courts.
Amendments to know
In section 151, the words "the High Court" were substituted for an earlier reference by the Patents (Amendment) Act, 2005, section 74, with effect from 2 April 2007. Then the Tribunals Reforms Act, 2021, section 13, with effect from 4 April 2021, omitted the words "or the Appellate Board" in sub-section (1) and, in sub-section (3), substituted "the courts" for "the Appellate Board or the courts, as the case may be". So the Appellate Board no longer appears in section 151. Section 150 carries no amendment footnote. The Jan Vishwas (Amendment of Provisions) Act, 2023 did not change either section.
Section 150: security for costs
"If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the grant of a licence under a patent neither resides nor carries on business in India, the Controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned."
| Element | What the text says |
|---|---|
| Who | A party giving notice of opposition under the Act, or applying to the Controller for the grant of a licence under a patent |
| Condition | The party "neither resides nor carries on business in India" |
| Power | The Controller "may require him to give security for the costs of the proceedings" |
| Consequence of default | The Controller "may treat the opposition or application as abandoned" |
Points to note:
- Two kinds of party. An opponent and a licence applicant. Oppositions are made under section 25, and the grant of licences under a patent is dealt with in sections such as 84, which have their own existing posts: see pre-grant opposition under section 25(1), post-grant opposition under section 25(2) and compulsory licensing under section 84.
- "Neither resides nor carries on business in India." A party that does either escapes the section. The text does not define "carries on business".
- "May". The Controller has a discretion. The text sets no amount and gives no guidance on how to fix it; the amount is for the Controller.
- Default. If the security is not given, the Controller "may treat" the opposition or application as abandoned. This is not automatic.
- What it does not cover. The text speaks of "costs of the proceedings". It does not say what form the security takes, or when it is released.
The section applies only to proceedings before the Controller. By its words ("notice of any opposition" and "application ... to the Controller for the grant of a licence under a patent") it does not reach suits in court.
Section 151: transmission of orders of courts to the Controller
Sub-section (1): revocation petitions
"Every order of the High Court on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by the High Court to the Controller who shall cause an entry thereof and reference thereto to be made in the register."
So every High Court order on a revocation petition goes to the Controller, including an order granting a certificate of validity under section 113; see our article on section 113. The Controller causes an entry of the order, and a reference to it, to be made in the register. The text speaks of "every order": it does not limit the duty to final orders.
Sub-section (2): suits where validity is decided
"Where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transmit a copy of its judgment and decree to the Controller who shall on receipt thereof cause an entry in relation to such proceeding to be made in the prescribed manner in a supplemental record."
| Trigger | Duty |
|---|---|
| Suit for infringement, or suit under section 106 | Validity of a claim or specification contested |
| Court finds the claim valid or not valid | Court "shall transmit a copy of its judgment and decree to the Controller" |
| Controller | Causes an entry to be made "in the prescribed manner in a supplemental record" |
The register entry in sub-section (1) is made in "the register"; the entry in sub-section (2) goes in a "supplemental record". The manner is prescribed and is not given here. Section 106 deals with groundless threats of infringement proceedings.
Sub-section (3): appeal courts
"The provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of the courts referred to in those sub-sections." So the duty also falls on the appeal courts: they must transmit their orders or judgments in the same way.
Illustration (invented)
Fenix Imaging Pvt. Ltd., a company based abroad with no office or place of business in India, files a notice of opposition against a patent application of Indus Optics Pvt. Ltd. The Controller may require Fenix to give security for the costs of the proceedings. If Fenix does not give the security, the Controller may treat the opposition as abandoned.
In a separate suit, Indus Optics sues a rival for infringement of claim 4, and the rival disputes validity. The court finds claim 4 valid. Under section 151(2) the court must send a copy of its judgment and decree to the Controller, who causes an entry to be made in a supplemental record. If the High Court had instead decided a revocation petition, section 151(1) requires it to transmit the order, including any certificate of validity, for entry in the register.
What the sections do not say
- Section 150 does not give the amount of security or its form.
- It does not say whether the Controller must hear the party before treating the proceeding as abandoned.
- Section 151 does not set a time within which the court must transmit its order.
- It does not say what use the Controller makes of the entry, except that it is made in the register or the supplemental record.
- Neither section refers to criminal procedure.
Need help in an opposition or a validity dispute?
A foreign opponent or licence applicant should plan for security for costs from the start, and a court finding on validity should be reflected in the Patent Office record. Our legal dispute resolution team can advise on both.
Key takeaways
- The Controller may require security for costs from an opponent or licence applicant who neither resides nor carries on business in India.
- If the security is not given, the Controller may treat the opposition or application as abandoned.
- The High Court must transmit every order on a revocation petition, including certificates of validity, to the Controller for entry in the register.
- Courts deciding validity in infringement suits or section 106 suits transmit a copy of the judgment and decree; the entry goes in a supplemental record.
- The same duties fall on appeal courts. The Appellate Board has been removed from section 151.
Read next
- Sections 147 to 149: evidence of entries, declaration by infant and service by post
- Sections 153 to 155: information relating to patents, loss of patents and reports to Parliament
- Sections 113 to 115: certificate of validity, partial validity and scientific advisers
- Post-grant opposition to patent: section 25(2)
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.