Section 67 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 67 requires a register of patents to be kept at the patent office and lists what must go in it: names and addresses of grantees, assignments, transmissions, licences, amendments, extensions and revocations, and other prescribed matters affecting validity or ownership. It bars notice of trusts, puts the register under the Controller, allows an electronic register, and makes certified copies admissible in evidence. If you buy, license or take security over a patent, our patent assignment team can check and update the register for you.
The register of patents is kept at the patent office under the control and management of the Controller, subject to the superintendence and direction of the Central Government. It records grantees, assignments, transmissions, licences, amendments, extensions, revocations and other prescribed matters. No notice of any trust is entered. The register may be kept electronically, and a certified copy or extract is admissible in evidence in all legal proceedings.
Amendments to know
Sub-section (4) was substituted by the Patents (Amendment) Act, 2002 (from 20 May 2003), and the same Act added sub-sections (5) and (6) on electronic records and evidence. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change section 67. The text mentions "computer floppies, diskettes or any other electronic form"; that wording is as printed, and the "any other electronic form" words cover modern storage.
Sub-section (1): what the register contains
"There shall be kept at the patent office a register of patents, wherein shall be entered—"
- (a) "the names and addresses of grantees of patents";
- (b) "notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, an revocations of patents"; and
- (c) "particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed."
Drafting point: in clause (b) the word "an" appears where "and" is meant ("extensions, an revocations"). Read it as "and". Also, the text says "extensions" although the term of a patent is fixed in section 53 without a provision for extension; the word stays in the printed text and the section gives no further explanation.
| Entry | Where |
|---|---|
| Names and addresses of grantees | Clause (a) |
| Assignments and transmissions of patents | Clause (b) |
| Licences under patents | Clause (b) |
| Amendments, extensions and revocations | Clause (b) |
| Other matters affecting validity or proprietorship, as prescribed | Clause (c) |
The matters in clause (c) are prescribed by the Patents Rules, 2003, which are not covered here.
Sub-section (2): no trusts
"No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice." A beneficiary of a trust cannot have the trust entered. The Controller deals with the registered owner and is not bound by a trust that is not on the register.
Sub-section (3): control
"Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller." The Controller runs the register; the Central Government supervises.
Sub-section (4): electronic register
"Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed." So the register need not be a paper book. The safeguards are prescribed.
Sub-section (5): evidence
"Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any officer duly authorised by the Controller in this behalf shall, in all legal proceedings, be admissible in evidence."
Two conditions: the copy or extract must be certified as a true copy, and the certificate must be under the hand of the Controller or an officer authorised by him. Then it is admissible "in all legal proceedings". The text uses the 1872 Act's name; it does not discuss any later evidence law. The Indian Evidence Act, 1872 was replaced from 1 July 2024 by the Bharatiya Sakshya Adhiniyam, 2023; this reference is quoted as written.
Sub-section (6): references include electronic records
Where the register is kept wholly or partly in electronic form:
- (a) references in the Act to an entry in the register include a record of particulars kept electronically;
- (b) references to particulars being registered or entered include keeping a record of those particulars in electronic form; and
- (c) references to rectification of the register include rectification of the electronic record.
So every provision that speaks of "the register", including those on assignment (section 69) and rectification (section 71), covers an electronic register.
How the register is used elsewhere in the Act
- Section 69 requires a person who acquires a patent or an interest to apply for registration; see our article on section 69.
- Section 70 gives power to deal with the patent to the person registered as grantee or proprietor; see our article on section 70.
- Section 71 lets the High Court rectify the register; and section 72 opens the register to inspection.
- Surrender, restoration, amendment and revocation orders all end with an entry in the register.
Illustration (invented)
Orchid Labs Pvt. Ltd. is registered as grantee of a patent for a water-purifying membrane. It assigns a half share to Tarang Research LLP and grants a licence to Brightwater Ltd. Both transactions are recorded in the register, as clause (b) requires. Orchid's founder tells the patent office that he holds Orchid's patent "in trust" for a family trust. Under sub-section (2) that notice of trust cannot be entered and the Controller is not affected by it.
In a later dispute, Brightwater needs proof of its licence. It obtains a copy of the register entry certified as a true copy under the hand of an authorised officer; under sub-section (5) it is admissible in evidence in the proceedings.
What the section does not say
- It does not list the prescribed particulars in clause (c).
- It does not name the patent office's location or the form of the electronic register.
- It does not state the fee for certified copies; section 72 refers to the prescribed fee.
- It does not say that an entry in the register proves ownership beyond what section 72(2) says; "prima facie evidence" is in that section.
Need help with entries in the patent register?
An unregistered assignment or licence can leave you without proof of title. Our patent assignment team can prepare the documents, apply for registration and obtain certified extracts of the register when you need them.
Key takeaways
- The register is kept at the patent office under the Controller's control and management, subject to the Central Government's direction.
- It records grantees, assignments, transmissions, licences, amendments, extensions, revocations and prescribed matters.
- No notice of any trust is entered.
- It may be kept electronically; references to the register then include the electronic record.
- A certified true copy under the Controller's hand, or an authorised officer's, is admissible in evidence.
Read next
- Section 68: assignments not valid unless in writing and duly executed
- Section 69: registration of assignments and transmissions
- Patent assignment deed: draft template
- Patent assignment vs licence: key differences
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.