Sections 156 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 156 says that, subject to the other provisions of the Act, a patent has to all intents the like effect against the Government as it has against any person. Section 157 saves the power of the Government, or anyone deriving title from it, to sell or use articles forfeited under any law. Section 157A, which begins "Notwithstanding anything contained in this Act", requires the Central Government not to disclose information it considers prejudicial to the security of India, and to take any action, including revocation of a patent, that it considers necessary in that interest by notification. If your invention may touch defence or security, our legal consultation team can help you understand these powers before you file.
s.156: "Subject to the other provisions contained in this Act", a patent has like effect against the Government as against any person. s.157: nothing in the Act affects the power of the Government, or a person deriving title from it, to sell or use articles forfeited under any law. s.157A: despite anything in the Act, the Central Government shall (a) not disclose any information on a patentable invention or patent application which it considers prejudicial to the security of India, and (b) take any action it considers necessary in that interest, including revoking a patent, by notification in the Official Gazette. The Explanation says what "security of India" includes.
Amendments to know
Section 157A is shown in square brackets with a footnote: substituted for the earlier section 157A by the Patents (Amendment) Act, 2002 (38 of 2002), section 63, with effect from 20 May 2003. The earlier text is not reproduced and is not described. Sections 156 and 157 carry no amendment footnote. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change these sections.
Section 156: patent to bind the Government
"Subject to the other provisions contained in this Act, a patent shall have to all intents the like effect as against Government as it has against any person."
Read it in three parts.
- The rule. A patent binds the Government as it binds any person. The Government is not above the patentee's rights.
- "To all intents." The phrase makes the equality wide.
- "Subject to the other provisions contained in this Act." The rule is subject to the Act's own exceptions. Examples in the Act include section 47 (grant subject to conditions, including making or importing for the Government's own use), section 99 to 103 (use of inventions for purposes of Government) and section 157A (security of India). Our post on government use of patents explains sections 100 to 102.
So the Government must respect a patent unless one of these provisions lets it act otherwise. The text does not list the exceptions in section 156 itself.
Section 157: forfeited articles
"Nothing in this Act shall affect the power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force."
| Element | What the text says |
|---|---|
| Who | The Government, or any person deriving title directly or indirectly from it |
| What | The power to sell or use articles forfeited under any law for the time being in force |
| Effect | The Act does not affect that power |
An article forfeited under another law, such as one seized for breach of a customs or other statute, may be sold or used by the Government or by a person who gets title from it, even if the article would otherwise infringe a patent. The word "any law" is wide, and the text names no law. The saving is for sale or use; the text does not mention making. The section does not tell us what happens to the patentee's remedies.
Section 157A: protection of the security of India
"Notwithstanding anything contained in this Act, the Central Government shall—
(a) not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of the security of India;
(b) take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect."
The two duties
| Clause | What the Central Government must do |
|---|---|
| (a) | Not disclose information relating to a patentable invention or a patent application which it considers prejudicial to the interest of the security of India |
| (b) | Take any action, including revocation of a patent, which it considers necessary in the interest of the security of India, by notification in the Official Gazette |
Points to note:
- The test in both clauses is what the Central Government "considers". The text sets no objective standard.
- Clause (a) restrains disclosure; it overrides the publication and inspection provisions. Compare section 11A(3), which excludes applications under a secrecy direction from publication, and sections 35 and 36 on secrecy directions; see our article on sections 35 and 36.
- Clause (b) allows "any action", expressly including revocation of a patent. The route is a notification in the Official Gazette. The text does not say that the patentee must be heard first, or that compensation is payable. It is silent on both.
- The section begins "Notwithstanding anything contained in this Act", so it overrides the rest of the Act where it applies.
Explanation: what "security of India" includes
"For the purposes of this section, the expression 'security of India' include any action necessary for the security of India which—
(i) relates to fissionable materials or the materials from which they are derived; or (ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or (iii) is taken in time of war or other emergency in international relations."
The word is "include", so the list is not exhaustive. The printed words "the expression ... include" are a minor grammatical slip. Atomic energy inventions are separately dealt with in section 4; see our post on inventions not patentable under section 4 (atomic energy).
Illustration (invented)
Skyline Aerospace Pvt. Ltd. has a patent on a guidance sensor. The Central Government considers that continued public availability of the patent file is prejudicial to the security of India. Under section 157A(a) it does not disclose the information. If it considers action necessary, it may under clause (b) issue a notification in the Official Gazette, which can include revocation of the patent.
In another case, a Government department wants to use a patented testing device without licence for general office purposes. Section 156 says the patent has like effect against the Government as against any person, subject to the other provisions of the Act. The department cannot rely on section 156 for an exemption; it must look to a provision such as sections 99 to 103 or section 47.
What the sections do not say
- Section 156 does not list the "other provisions".
- Section 157 does not name the laws under which articles are forfeited.
- Section 157A does not provide for a hearing, an appeal or compensation.
- It does not say who in the Central Government forms the "consideration".
- None of the sections refers to criminal procedure.
Need help with defence or security-related inventions?
Inventions with a possible security angle call for care at the filing stage as well as later. Our legal consultation team can review how sections 35, 39 and 157A may affect your invention and advise on the safe steps.
Key takeaways
- A patent binds the Government to all intents as it binds any person, subject to the other provisions of the Act.
- The Government, and those deriving title from it, may sell or use articles forfeited under any law.
- Section 157A, which applies despite the rest of the Act, requires the Central Government not to disclose information it considers prejudicial to the security of India.
- It may also take any action, including revocation of a patent, by notification in the Official Gazette.
- "Security of India" includes matters concerning fissionable materials, arms traffic and wartime or emergency action; the list is not exhaustive.
Read next
- Sections 153 to 155: information relating to patents, loss of patents and reports to Parliament
- Sections 158 and 159: High Court rule-making and Central Government rule-making power
- Government use of patents: sections 100 to 102
- Inventions not patentable: section 4 (atomic energy)
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.