Sections 158 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 158 lets the High Court make rules consistent with the Act on the conduct and procedure of all proceedings before it under the Act. Section 159 lets the Central Government, by notification in the Official Gazette, make rules for carrying out the purposes of the Act, and lists in sub-section (2) the matters on which rules may be made. These are the powers behind the Patents Rules, 2003, which set the forms, fees and many time limits that the Act itself leaves "as prescribed". If you need to know whether a requirement is in the Act or in the Rules, our legal consultation team can help you check.
s.158: the High Court may make rules consistent with the Act on the conduct and procedure of all proceedings before it under the Act. s.159(1): the Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act. s.159(2): without prejudice to that, rules may provide for the listed matters (clauses (i) to (xvi)), including forms, fees, times, the register, the Patent Office, scientific advisers, compensation for acquisition, the new inquiry and appeal under sections 124A and 124B (clauses (xiiia), (xiiib), added in 2024), and patent agents. s.159(3): rules are made after previous publication, which the Central Government may dispense with if it is satisfied that it is practically not possible.
Amendments to know
In section 158, the printed text says "the High Court" and has no amendment footnote. In section 159, the Patents (Amendment) Act, 2002 inserted words in several clauses with effect from 20 May 2003, and the Patents (Amendment) Act, 2005 substituted clauses (ia) to (ie) (in place of (ia) and (ib)), clause (v) and (va), and the word "published" for "advertised" in clause (ii), with effect from 1 January 2005. The proviso to sub-section (3) was added by the 2005 Act. The Tribunals Reforms Act, 2021 omitted clauses (xiia), (xiib) and (xiic) with effect from 4 April 2021. The Jan Vishwas (Amendment of Provisions) Act, 2023 inserted clauses (xiiia) and (xiiib) with effect from 1 August 2024. The Jan Vishwas (Amendment of Provisions) Act, 2026 does not mention these sections.
Section 158: power of High Courts to make rules
"The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act."
Two limits are in the text: the rules must be "consistent with this Act", and they relate to "conduct and procedure" of proceedings before the High Court under the Act. So the High Court's rules govern how an appeal under section 117A or a revocation or other petition is run in that court. They do not alter what the Act provides. The text of section 117A(4) refers to this power: the High Court may allow further time for an appeal "in accordance with the rules made by it". See our article on section 117A. The section does not set out any content of such rules, and none is given here.
Section 159(1): the general power
"The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act."
The words are general. The sub-section that follows adds particular heads "without prejudice to the generality of the foregoing power".
Section 159(2): the matters, by topic
The sub-section lists sixteen numbered clauses (with sub-clauses). This table summarises them by topic; it does not reproduce every clause, and the clause letters are those printed in the Act.
| Topic | Clauses | In outline |
|---|---|---|
| Filing and forms | (i), (vi) | Form and manner of filing applications, specifications, drawings and other documents; form, manner and time of giving notices |
| Application stages | (ia) to (ie) | Periods and manner for the statement and undertaking and the details of foreign applications (section 8); deposit reference period (section 10); period before an application is open to the public and the manner of a request to publish early (section 11A); manner and period for examination requests (section 11B); withdrawal and examination request after secrecy directions are revoked |
| Time | (ii) | Time within which any act or thing may be done, and the manner and time of publishing a matter |
| Fees | (iii) | Fees payable and the manner and time of payment |
| Examiners | (iv) | Matters on which the examiner may report to the Controller |
| Opposition and secrecy | (v), (va) | Manner and period for the Controller to consider and dispose of a representation under section 25(1); period for the Controller to dispose of an application under section 39 |
| Restoration | (vii) | Provisions that may be inserted in an order for restoration to protect persons who used the subject-matter after the patent ceased |
| Patent Office and register | (viii), (ix), (xi) | Branch offices and regulation of the Patent Office; maintenance of the register of patents, safeguards for electronic form, and matters entered; time and manner of inspection |
| Controller's powers | (x) | Matters in which the Controller has powers of a civil court |
| Scientific advisers | (xii) | Qualifications of, and a roll of, scientific advisers for section 115 |
| Acquisition | (xiii) | Manner of paying compensation for acquisition by Government of an invention |
| Penalty inquiry and appeal | (xiiia), (xiiib) | Manner of holding inquiry and imposing penalty under section 124A; form and manner of preferring appeal under section 124B(2) |
| Patent agents | (xiv) | Maintenance of the register of patent agents and safeguards; conduct of qualifying examinations; matters connected with practice and conduct, including disciplinary proceedings for misconduct |
| Publications | (xv) | Making, printing, publishing and selling indexes to, and abridgments of, specifications and other documents; their inspection |
| Residual | (xvi) | "any other matter which has to be or may be prescribed" |
Some points about the table.
- Link with "as prescribed". Every time a section in the Act says a thing is "as prescribed", the Rules made under section 159 fill the gap. For example, section 142 leaves fees to be prescribed and section 159(2)(iii) is the matching power.
- The 2024 additions. Clauses (xiiia) and (xiiib) connect to the adjudication scheme in sections 124A and 124B; see our article on sections 124A and 124B. Before 1 August 2024 these clauses were not in the Act.
- The 2021 omission. Clauses (xiia), (xiib) and (xiic), shown as a row of asterisks in the printed text, were omitted with effect from 4 April 2021 along with the Appellate Board provisions. The earlier content is not described.
- Drafting slips. Clause (ia) as printed reads "the period which the Controller may allow for filing of statement and undertaking for in respect of applications under sub-section (1)" and has a stray "for". Clause (xiv) as printed also joins its two limbs awkwardly ("...on computer floppies, diskettes or any other electronic form under sub-section (2) of that section] the conduct of qualifying examinations"). These are printing slips, and the sense is as in the table.
Section 159(3): previous publication
"The power to make rules under this section shall be subject to condition of the rules being made after previous publications."
Proviso: "the Central Government may, if it is satisfied that the circumstances exist which render it practically not possible to comply with such condition of previous publication, dispense with such compliance." So draft rules are published first, unless the Central Government finds that this is practically not possible. The proviso was added with effect from 1 January 2005.
The next section, section 160, requires every rule made to be laid before Parliament; see our article on sections 160 and 162.
Illustration (invented)
Sapphire Biotech Pvt. Ltd. reads section 11B and sees that the manner of making a request for examination, and the period within which examination must be requested, are matters the Act leaves to rules. It looks to section 159(2)(id), which names "the manner of making the request for examination for an application for patent and the period within which such examination shall be made under sub-sections (1) and (3) of section 11B". The period is in the Patents Rules, 2003, which are not in the sources for this article, so the article gives no figure.
In another case, a party appealing to the High Court under section 117A wants to know how to apply for further time. Section 117A(4) says the High Court may allow further time "in accordance with the rules made by it". The source of those rules is section 158.
What the sections do not say
- Section 158 does not say which High Court rules apply in a given State.
- Section 159 does not give any time limit, form or fee; only the power to prescribe.
- It does not require the Central Government to consult a body before making rules, beyond previous publication.
- It does not say how long the previous publication must last.
Need help finding what the Rules require?
When a section says "as prescribed", the answer sits in the Rules, which change from time to time. Our legal consultation team can identify the rule that applies to your step and check it against the Act before you file.
Key takeaways
- The High Court may make rules, consistent with the Act, on the conduct and procedure of proceedings before it under the Act.
- The Central Government makes rules by notification in the Official Gazette for carrying out the purposes of the Act, and for the matters listed in section 159(2).
- Section 159(2) covers forms, times, fees, the register, the Patent Office, scientific advisers, compensation, penalty inquiry and appeal (clauses (xiiia) and (xiiib), added from 1 August 2024) and patent agents.
- Rules are made after previous publication, which the Central Government may dispense with if it is practically not possible.
- The Act gives no forms or fees; they are in the Rules.
Read next
- Sections 160 and 162: rules before Parliament, repeal of the 1911 Act and savings
- Section 142: fees
- Sections 124A and 124B: adjudication of penalties and appeal
- 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.