Section 43 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 43 is the point at which an application becomes a patent. Where an application has been found in order for grant and has not been refused or found in contravention of the Act, the patent shall be granted as expeditiously as possible, with the seal of the patent office, and the date of grant is entered in the register. The Controller then publishes the fact of grant, and the application, specification and documents are open to public inspection. Careful drafting at the front end, through patent drafting and filing, is what gets an application to this stage in good order.
When an application is found in order for grant and has not been refused or found in contravention of the Act, the patent shall be granted as expeditiously as possible to the applicant, or jointly to joint applicants, with the seal of the patent office, and the date of grant is entered in the register (43(1)). On grant the Controller publishes the fact and the application, specification and other documents become open for public inspection (43(2)).
The path to section 43
Section 43 is the last step of a longer process described in the earlier articles of this series: the application is filed (sections 6 to 9), published (section 11A), examined on request (sections 11B to 13), the Controller considers objections (sections 14 and 15), the applicant puts the application in order within the prescribed period (section 21), and opposition proceedings under section 25 take place. Section 43 does not itself list those steps; it begins with the words "Where an application for a patent has been found to be in order for grant of the patent".
Section 43 was substituted by the Patents (Amendment) Act, 2005, with effect from 1-1-2005; the Chapter heading was substituted at the same time. The earlier "acceptance" stage (sections 22 to 24) is gone from the Act. See our article on section 21.
Section 43(1): the grant
"Where an application for a patent has been found to be in order for grant of the patent and either— (a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; or (b) the application has not been found to be in contravention of any of the provisions of this Act, the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register."
Break it down:
| Element | Text | Meaning |
|---|---|---|
| Starting point | "found to be in order for grant of the patent" | The application has cleared the examination and compliance steps |
| Condition (a) | "not been refused by the Controller by virtue of any power vested in him by this Act" | No refusal, for example under section 15 |
| Condition (b) | "not been found to be in contravention of any of the provisions of this Act" | No contravention found |
| Duty | "the patent shall be granted" | Mandatory ("shall") |
| Speed | "as expeditiously as possible" | No number of days printed |
| To whom | "the applicant or, in the case of a joint application, ... the applicants jointly" | Joint applicants receive the grant jointly |
| Formality | "with the seal of the patent office" | The patent bears the seal |
| Register | "the date on which the patent is granted shall be entered in the register" | Date of grant recorded |
Drafting note. The conditions are joined by "either ... or". Read literally, either (a) or (b) would suffice. Read in context, both seem intended: the application must neither have been refused nor been found in contravention. The text does not resolve this, and we flag it rather than choose; the practical position is that a refused application, or one found in contravention, is not granted.
"The register". The register is the register of patents under section 67 (section 2(1)(x)), and the person entered on it as grantee or proprietor is the "patentee" (section 2(1)(p)). Section 43 therefore leads straight into the definition of the patentee. See our article on section 2 definitions (Part 2).
Grant to joint applicants. Where the application was joint, the patent is granted to the applicants "jointly". Their rights as co-owners are the subject of section 50, covered later in this series.
What the grant does not do by itself. Section 43 does not say what rights the grant confers; those are in section 48, covered in our article on section 48. It also does not give the date of the patent, which section 45 fixes by reference to the filing date.
Section 43(2): publication and inspection
"On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection."
- Controller's duty: he "shall publish the fact that the patent has been granted".
- Effect: "thereupon" the application, specification and other documents related thereto "shall be open for public inspection".
- How the fact is published is not stated here. Section 145 deals with the official journal, covered later in this series.
This differs from section 11A, which provides for publication of the application itself earlier in the process. After grant, the additional step is public inspection of the application, the specification and related documents. Our post on patent grant and the certificate describes the practical documents.
Example. Triveni Textile Machines Pvt Ltd (fictional) and an individual co-inventor apply jointly for a patent on a yarn-tensioning mechanism. The application is examined, the objections are answered within the prescribed period, and the application is found in order for grant; no refusal has been made and no contravention found. The patent is granted jointly to the company and the co-inventor with the seal of the patent office, the date of grant is entered in the register, and the Controller publishes the fact of grant. From then on, the application, specification and related documents are open for public inspection.
Secrecy and grant
Where a secrecy direction is in force, section 37(1) provides that the application can proceed only up to the stage of grant and "no patent shall be granted". Section 43 is therefore subject, in that case, to the Chapter VII provisions covered in our article on sections 37 and 38.
What section 43 does not say
- It does not give a time limit; "as expeditiously as possible" is not a number of days.
- It does not describe the form of the patent; section 46 says every patent shall be in the prescribed form.
- It does not say how the "seal of the patent office" is applied or how the patent reaches the applicant.
- It does not say what an applicant can do if the grant is delayed.
- It does not set out any fee, form or procedure for inspection of documents.
Need help with ...?
A smooth grant depends on a clean specification, timely replies and attention to any opposition. Our team can help you manage the whole path through patent drafting and filing support, from the first filing to the grant.
Key takeaways
- A patent is granted once the application is found in order for grant and is neither refused nor found in contravention of the Act.
- The grant is "as expeditiously as possible", with the seal of the patent office, to the applicant or jointly to joint applicants.
- The date of grant is entered in the register.
- The Controller publishes the fact of grant and the documents become open for public inspection.
- Sections 22 to 24 (acceptance) no longer exist.
Read next
- Section 44 and 45: deceased applicant and date of patent
- Section 46: form, extent and effect of patent
- Section 48: rights of patentees
- Patent grant and certificate: rights of patentee
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.