Sections 153 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 153 entitles a person who makes a request to the Controller, in the prescribed manner and on payment of the prescribed fee, to information on prescribed matters about a specified patent or application. Section 154 lets the Controller cause a duplicate of a lost or destroyed patent to be sealed and delivered to the applicant. Section 155 requires the Central Government to place before both Houses of Parliament once a year a report on the execution of the Act by or under the Controller. Section 152, which dealt with transmission of copies of specifications and inspection, is omitted. If you need a duplicate of your patent or information about a filing, our patent drafting and filing team can help you with the request.
s.153: a person who requests the Controller in the prescribed manner for information on prescribed matters about a specified patent or application is entitled to it, on payment of the prescribed fee. s.154: if a patent is lost or destroyed, or its non-production is accounted for to the Controller's satisfaction, the Controller may at any time, on application in the prescribed manner and payment of the prescribed fee, cause a duplicate to be sealed and delivered to the applicant. s.155: the Central Government shall place a report on the execution of the Act before both Houses of Parliament once a year. s.152 is omitted.
Amendments to know
Section 152 ("Transmission of copies of specification, etc., and inspection thereof") is shown as omitted by the Patents (Amendment) Act, 2005 (15 of 2005), section 75, with effect from 1 January 2005, so nothing in it is in force. Sections 153, 154 and 155 are printed in their original form without an amendment footnote. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change any of them. No fee is named in the text: every fee is "prescribed".
Section 153: information relating to patents
"A person making a request to the Controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly."
| Element | What the text says |
|---|---|
| Who | "A person" making a request: any person, not only the patentee or applicant |
| How | "in the prescribed manner" |
| About what | "any such matters as may be prescribed" |
| Concerning | "any patent specified in the request" or "any application for a patent so specified" |
| Cost | "subject to the payment of the prescribed fee" |
| Right | "shall be entitled ... to have information supplied to him accordingly" |
Three points. First, the right is given to "a person", so a third party can ask. Second, it is limited to prescribed matters; the Act does not list them. So the right is not a general right to see every document in a file. Third, it is a right: the word is "shall be entitled", though it depends on payment of the fee. The Patents Rules, 2003 set the manner, the matters and the fee, and none is stated here.
The section sits alongside other provisions on what is open to the public. Under section 43(2), on grant the application, specification and other documents become open for public inspection, and under section 144 examiners' reports are confidential; see our article on sections 143 and 144. Section 153 is not a way around those provisions: it gives information only on the "prescribed" matters.
Section 154: loss or destruction of patents
"If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Controller, the Controller may at any time, on application made in the prescribed manner and on payment of the prescribed fee, cause a duplicate thereof to be sealed and delivered to the applicant."
Taking the sentence in order:
- The trigger. The patent (see our post on patent grant and certificate) is lost or destroyed, or its non-production is "accounted for to the satisfaction of the Controller". The second limb covers a case where the document exists but cannot be produced, for example because it is held by someone else or cannot be traced; the Controller must be satisfied with the explanation.
- The power. "The Controller may at any time". The word "may" means a discretion, and "at any time" means no limitation period is set in the text.
- The steps. Application in the prescribed manner and payment of the prescribed fee.
- The result. The Controller causes "a duplicate thereof to be sealed and delivered to the applicant".
The text speaks of "the applicant", meaning the person who applies for the duplicate. It does not say who may apply. The text does not describe the form of the duplicate beyond "sealed". It does not say whether the original, if later found, must be returned.
Section 155: reports to Parliament
"The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller."
The duty is on the Central Government, not on the Controller. It is annual. The report is about "the execution of this Act by or under the Controller". The text does not set what it must contain or how soon after the year it must be laid.
Section 152: omitted
The heading survives in the printed text in square brackets, as "", marked as omitted by the 2005 Act with effect from 1 January 2005. Do not look to it for any present right. Where a person needs information on a patent or an application, section 153 and the Rules are the route, together with the inspection provisions elsewhere in the Act.
Illustration (invented)
Harvest Agro Pvt. Ltd. holds a patent. A flood destroys its records and the patent document is lost. Under section 154, the company applies to the Controller in the prescribed manner and pays the prescribed fee. If the Controller is satisfied that the patent was lost or destroyed, he may cause a duplicate to be sealed and delivered. The company can use the duplicate in a licensing negotiation.
A competitor, Greenfield Seeds Pvt. Ltd., wants information about a specified application of Harvest's. It makes a request to the Controller in the prescribed manner and pays the prescribed fee. Under section 153, it is entitled to the information on the prescribed matters about that specified application. It does not get a right to documents not covered by the prescribed matters.
What the sections do not say
- They give no fee amounts and list no prescribed matters.
- Section 153 does not say how long the Controller has to reply.
- Section 154 does not say who may apply for the duplicate, or what proof is needed.
- Section 155 does not say when the report is laid or what it contains.
Need help getting a duplicate or patent information?
Both a duplicate patent and a request for information go through the Controller in the prescribed manner. Our patent drafting and filing team can prepare the request, explain what must be shown and follow it up with the Patent Office.
Key takeaways
- Section 153 entitles a person who requests, in the prescribed manner and on payment of the prescribed fee, to information on prescribed matters about a specified patent or application.
- Section 154 allows the Controller, at any time, to cause a duplicate of a lost or destroyed patent to be sealed and delivered, after satisfying himself and on application and fee.
- Section 155 requires an annual report on the execution of the Act to be placed before both Houses of Parliament.
- Section 152 is omitted from 1 January 2005.
- All manners, matters and fees are prescribed; none appears in the Act.
Read next
- Sections 150 and 151: security for costs and transmission of court orders
- Sections 156, 157 and 157A: patent binds the Government, forfeited articles and security of India
- Patent grant and certificate: rights of patentee
- How to read a patent document
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.