Sections 65 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.
Sections 65 and 66 give the Central Government two routes to end a patent without a court petition. Under section 65, the Government can direct the Controller to revoke a patent for an invention relating to atomic energy for which no patent can be granted; the Controller hears the patentee first and may allow an amendment instead. Under section 66, the Government can declare in the Official Gazette that a patent, or the way it is exercised, is mischievous to the State or generally prejudicial to the public, and the patent is then deemed revoked. If you receive such a notice, our legal dispute resolution team can help you respond.
Section 65: if the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under section 20(1) of the Atomic Energy Act, 1962, it may direct the Controller to revoke it; the Controller gives notice and a hearing and may allow amendment instead. Section 66: if the Government thinks a patent or its exercise is mischievous to the State or generally prejudicial to the public, it may, after hearing the patentee, make a declaration in the Official Gazette, and the patent is deemed revoked.
Amendments to know
Section 65 was substituted by the Patents (Amendment) Act, 2005 (from 1 January 2005). Section 66 stands in its original form. Neither is changed by the Tribunals Reforms Act, 2021 or the Jan Vishwas (Amendment of Provisions) Act, 2023. These two sections sit beside section 64, which has its own article on revocation grounds.
Section 65: atomic energy patents
Sub-section (1): direction to the Controller
"Where at any time after grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which no patent can be granted under sub-section (1) of section 20 of the Atomic Energy Act, 1962 (33 of 1962), it may direct the Controller to revoke the patent, and thereupon the Controller, after giving notice, to the patentee and every other person whose name has been entered in the register as having an interest in the patent, and after giving them an opportunity of being heard, may revoke the patent."
Breaking it down:
- Trigger: the Central Government is "satisfied" that the patent is for an invention relating to atomic energy for which no patent can be granted under section 20(1) of the Atomic Energy Act, 1962. "At any time after grant" means there is no cut-off date.
- Government's step: it "may direct the Controller to revoke". It is the Government that directs; the Controller then acts.
- Controller's duty: give notice to the patentee and every other person whose name is entered in the register as having an interest, and give them an opportunity of being heard.
- Controller's power: after that, he "may revoke the patent". The word "may" leaves a discretion with him even after the direction.
The Atomic Energy Act, 1962 is outside the scope of this article; the Patents Act subject-matter bar is in section 4 (see our article on inventions not patentable under section 4).
Sub-section (2): amendment instead of revocation
"In any proceedings under sub-section (1), the Controller may allow the patentee to amend the complete specification in such manner as he considers necessary instead of revoking the patent."
So the Controller can save a patent by removing the offending part through amendment. The limits of amendment are in section 59 (see our article on section 59); this sub-section says the amendment is "in such manner as he considers necessary".
Section 66: public interest
"Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked."
Four features:
- Two targets: the patent itself, or the "mode in which it is exercised".
- Test: the Government's "opinion" that it is "mischievous to the State or generally prejudicial to the public". The Act does not define either term.
- Procedure: an opportunity to be heard must be given to the patentee. The text mentions only the patentee, not other persons on the register.
- Effect: a declaration in the Official Gazette, and then the patent "shall be deemed to be revoked". No further order by the Controller is needed.
Sections 65 and 66 compared
| Point | Section 65 | Section 66 |
|---|---|---|
| Subject | Invention relating to atomic energy for which no patent can be granted under s.20(1) of the Atomic Energy Act, 1962 | Patent or mode of exercise "mischievous to the State or generally prejudicial to the public" |
| Who decides | Central Government directs; Controller revokes | Central Government itself |
| Hearing | Notice and hearing to patentee and registered interest holders | Opportunity of hearing to the patentee |
| How it ends | Controller "may revoke" | Gazette declaration; patent "deemed to be revoked" |
| Alternative | Amendment of complete specification instead | None stated |
Neither section is a court petition. Revocation by a court on petition is under section 64, including sub-section (4), which lets the High Court revoke a patent on the Central Government's petition if the patentee has without reasonable cause failed to comply with a request to make, use or exercise the invention for Government purposes on reasonable terms. Government use is explained in our article on government use under sections 100 to 102.
Illustrations (invented)
Section 65. Neutron Dynamics Ltd. holds a granted patent for a reactor coolant process. The Central Government becomes satisfied that the invention relates to atomic energy and falls within the class for which no patent can be granted under section 20(1) of the Atomic Energy Act, 1962. It directs the Controller to revoke. The Controller gives notice to Neutron Dynamics and to a registered licensee, hears them and may revoke. Neutron Dynamics asks to amend its specification instead, removing the part that relates to atomic energy; the Controller may allow that amendment in place of revocation.
Section 66. Alpha Cement Ltd. holds a patent for a binding agent and exercises it by supplying a vital building material only at prices and conditions that the Government regards as generally prejudicial to the public. After hearing Alpha Cement, the Government may make a declaration in the Official Gazette, and the patent is then deemed revoked. The text does not require reasons or any further step.
What the sections do not say
- No definition of "mischievous to the State" or "generally prejudicial to the public".
- No time limit for the Government or the Controller.
- No rule on appeal; appeals against the Controller's orders are the subject of section 117A, covered later in this series. Section 66 speaks of a declaration by the Government, and the text says nothing about challenge to it.
- Section 66 does not provide for amendment instead of revocation.
- Section 65 does not state what happens to licences on revocation.
Need help responding to a Government revocation notice?
A section 65 notice or a section 66 hearing is short and consequential. Our legal dispute resolution team can prepare your reply, plan an alternative such as amendment and represent you at the hearing.
Key takeaways
- Section 65: the Government directs; the Controller, after notice and hearing, may revoke an atomic energy patent or allow amendment instead.
- Section 66: after hearing the patentee, the Government may declare in the Official Gazette that the patent or its exercise is mischievous to the State or generally prejudicial to the public; the patent is then deemed revoked.
- Neither needs a court petition.
- The text defines neither the section 66 terms nor any time limits.
Read next
- Section 63: surrender of patents
- Section 67: register of patents and particulars entered
- Patent revocation grounds: complete list under section 64
- Revocation of patent: grounds and process
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.