Sections 71 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 71 lets the High Court correct the register of patents on the application of any person aggrieved by an absent entry, an entry made without sufficient cause, an entry wrongly remaining or an error or defect in an entry. Section 72 opens the register to public inspection, provides for certified copies and makes the register prima facie evidence of the matters entered in it. If you need an entry corrected or defended, our legal dispute resolution team can act for you.
Any person aggrieved may apply to the High Court to make, vary or delete an entry in the register where an entry is absent, made without sufficient cause, wrongly remaining, or contains an error or defect (s.71(1)). The court may decide any question necessary or expedient; the Controller gets notice and may appear; an order rectifying the register is served on the Controller, who corrects the register. The register is open to public inspection, certified copies are given on payment of the prescribed fee, and it is prima facie evidence of entered matters (s.72).
Amendments to know
In section 71 the words "High Court" replaced "Appellate Board" under the Tribunals Reforms Act, 2021 (4 April 2021). One footnote prints the date 20 May 2003 for that substitution, which looks like a slip for the date of the 2021 Act. The Appellate Board is not current law. Sub-section (3) of section 72 was inserted by the Patents (Amendment) Act, 2002 (from 20 May 2003). The Jan Vishwas (Amendment of Provisions) Act, 2023 did not change these sections.
Section 71: rectification by the High Court
Sub-section (1): who can apply and when
"The High Court may, on the application of any person aggrieved—
- (a) by the absence or omission from the register of any entry; or
- (b) by any entry made in the register without sufficient cause; or
- (c) by any entry wrongly remaining on the register; or
- (d) by any error or defect in any entry in the register,
make such order for the making, variation or deletion, of any entry therein as it may think fit."
| Clause | Complaint | Typical remedy |
|---|---|---|
| (a) | An entry is missing | Order for making the entry |
| (b) | An entry was made without sufficient cause | Variation or deletion |
| (c) | An entry wrongly remains | Deletion |
| (d) | An error or defect in an entry | Variation |
The applicant must be a "person aggrieved". The text does not define it. The court has wide discretion: "such order ... as it may think fit".
Sub-section (2): incidental questions
"In any proceeding under this section the High Court may decide any question that may be necessary or expedient to decide in connection with the rectification of the register." The court is not limited to the entry itself; it may decide related questions, for example a dispute about who is the true proprietor, if that is necessary or expedient for the rectification. The text does not list such questions.
Sub-section (3): notice to the Controller
"Notice of any application to the High Court under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the High Court." The Controller has a right to appear and must appear if directed.
Sub-section (4): giving effect
"Any order of the High Court under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly." The order must itself direct service on the Controller; the Controller then makes the change. Section 67(6)(c) says that references to rectification include rectification of an electronic record; see our article on section 67.
Section 72: register open to inspection
Sub-section (1): inspection and certified copies
"Subject to the provisions contained in this Act and any rules made thereunder, the register shall at all convenient times be open to inspection by the public; and certified copies, sealed with the seal of the patent office, of any entry in the register shall be given to any person requiring them on payment of the prescribed fee."
- Inspection is open to the public, "at all convenient times".
- It is "subject to" the Act and the rules. For example, section 69(4) provides for non-disclosure of licence terms on request.
- Certified copies, sealed with the seal of the patent office, are given "on payment of the prescribed fee". No amount is stated here.
Sub-section (2): prima facie evidence
"The register shall be prima facie evidence of any matters required or authorised by or under this Act to be entered therein." Prima facie evidence is not conclusive; it can be rebutted. Section 67(5) separately makes a copy certified under the hand of the Controller or an authorised officer admissible in evidence.
Sub-section (3): electronic register
"If the record of particulars is kept in computer floppies or diskettes or in any other electronic form, sub-sections (1) and (2) shall be deemed to have been complied with if the public is given access to such computer floppies, diskettes or any other electronic form or printouts of such record of particulars for inspection." Access to the electronic record or a printout meets the duty to allow inspection.
How the pieces connect
A person who buys a patent files for registration under section 69. If the register shows an entry that is wrong, or leaves out an entry that should be there, section 71 is the remedy in the High Court. Section 69(5) bars unregistered documents as evidence of title but has an exception for "an application to rectify the register", which allows a person to rely on such a document to bring that application. Our article on section 69 covers the evidence bar.
Illustration (invented)
Sonal Textiles Ltd. buys a patent from Delta Fibres Ltd. The purchase deed meets section 68, but the Controller entered Delta's former director, Mr. Rao, as proprietor by mistake. Sonal is "aggrieved" under clause (d) because the entry is in error, and under clause (a) because its own entry is absent. It applies to the High Court and gives notice to the Controller in the prescribed manner. The High Court may decide any necessary question about who holds title and make an order. The order directs that notice be served on the Controller, who corrects the register.
Months later, a lender wants confirmation. It inspects the register under section 72(1) and pays the prescribed fee for a certified copy sealed with the seal of the patent office. The register is prima facie evidence of the matters it records.
What the sections do not say
- No definition of "person aggrieved" or "sufficient cause".
- No time limit for a rectification application.
- No procedure or fee for the application; the High Court's rules and the Patents Rules apply.
- No fee amount for certified copies.
- Section 72 does not say what happens when the entry is rebutted; it says only that the register is "prima facie evidence".
Need help correcting the register?
A wrong or missing entry can block a sale or a suit. Our legal dispute resolution team can prepare the rectification application, give notice to the Controller and appear before the High Court.
Key takeaways
- A person aggrieved may apply to the High Court to make, vary or delete entries where an entry is missing, made without sufficient cause, wrongly remaining or erroneous.
- The court may decide any question necessary or expedient for the rectification.
- The Controller gets notice, may appear, and must appear if directed; he corrects the register on being served with the order.
- The register is open to public inspection; certified copies cost the prescribed fee; the register is prima facie evidence.
Read next
- Sections 73 and 74: the Controller, other officers and the patent office
- Section 70: power of registered grantee or proprietor to deal with patent
- Section 58: amendment of specification before the High Court
- Patent infringement: what constitutes it and how to sue
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.