Sections 73 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 73 and 74 set up the machinery that handles every patent application. Section 73 makes the Controller General of Patents, Designs and Trade Marks the Controller of Patents, allows the Central Government to appoint examiners and other officers, and lets the Controller authorise them to discharge his functions and withdraw or transfer matters. Section 74 creates the patent office, with a seal, a head office and branch offices. If you are dealing with an officer's order or want to know which office applies to you, our legal consultation team can guide you.
The Controller General of Patents, Designs and Trade Marks, appointed under section 3(1) of the Trade Marks Act, 1999, is the Controller of Patents (s.73(1)). The Central Government may appoint examiners and other officers (s.73(2)), who exercise Controller functions only as authorised by general or special order in writing (s.73(3)). The Controller may withdraw or transfer a pending matter by written order with reasons (s.73(4)). There is one patent office with a seal, a head office and branch offices (s.74).
Amendments to know
In section 73(1), the words "section 3 of the Trade Marks Act, 1999 (47 of 1999)" were substituted by the Patents (Amendment) Act, 2002 (from 20 May 2003). Section 74(2) is printed in square brackets as an inserted provision. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change these two sections. Where the Act says "Controller" it means this office: see our article on the definitions of Controller and patent office.
Section 73: Controller and other officers
Sub-section (1): who is the Controller
"The Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 3 of the Trade Marks Act, 1999 (47 of 1999), shall be the Controller of Patents for the purposes of this Act." One office-holder is both the Controller General under the trade marks law and the Controller of Patents under this Act. The text does not say how that person is appointed beyond the reference to the Trade Marks Act.
Sub-section (2): examiners and other officers
"For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit." The number and designations are for the Central Government. The Act does not list ranks.
Sub-section (3): officers act on the Controller's authorisation
"Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or special order in writing, authorise them to discharge."
Three points:
- The officers work "under the superintendence and directions of the Controller".
- They exercise only those Controller functions that he authorises.
- The authorisation is by general or special order in writing. A general order covers a class of functions; a special order covers a particular matter.
Sub-section (4): withdrawal and transfer of matters
"Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred."
| Power | Condition | Next step |
|---|---|---|
| Withdraw a pending matter from an officer | Order in writing; reasons recorded | Controller deals with it himself, either de novo or from the stage of withdrawal |
| Transfer a pending matter to another officer | Order in writing; reasons recorded | The other officer proceeds de novo or from the stage of transfer, subject to special directions in the order |
"De novo" means afresh. The text does not say what factors the Controller should weigh; it requires an order in writing and recorded reasons.
Section 74: the patent office and its branches
Sub-section (1)
"For the purposes of this Act, there shall be an office which shall be known as the patent office."
Sub-section (2)
"The Central Government may, by notification in the Official Gazette, specify the name of the Patent Office." The name is for the Government to specify by notification. The text does not give the name.
Sub-section (3): head office and branches
"The head office of the patent office shall be at such place as the Central Government may specify, and for the purpose of facilitating the registration of patents there may be established, at such other places as the Central Government may think fit, branch offices of the patent office." The head office place and any branch offices are for the Central Government to decide. The text speaks of branch offices "for the purpose of facilitating the registration of patents". It does not say which branch has territorial jurisdiction over which applicant; that is a matter for the Rules.
Sub-section (4): seal
"There shall be a seal of the patent office." Section 72(1) provides for certified copies of register entries "sealed with the seal of the patent office"; see our article on sections 71 and 72.
Why it matters
Orders, hearings and examination reports come from officers who act on the Controller's authority. If an officer decides a matter under a general or special order of authorisation, the decision is the Controller's function exercised by that officer. If a matter has been withdrawn or transferred, the parties may be told that the matter will proceed de novo or from the stage reached. Understanding this helps an applicant read an order and see which office to approach. Section 77 gives the Controller certain powers of a civil court in proceedings; see our later article on sections 77 and 78.
Illustration (invented)
Ananya's patent application is examined by an assistant Controller who has been authorised by a general written order to hold hearings in certain classes of applications. She appears at the hearing before that officer. Midway, the Controller issues a written order, giving reasons, withdrawing the matter from the officer and transferring it to another officer, directing that the matter proceed from the stage reached. Ananya's counsel notes the order and the stage from which the new officer will proceed. Later, certified copies of the register entries for her patent are sealed with the seal of the patent office.
What the sections do not say
- The names, ranks, number and places of officers and offices are not in the text; they are for the Central Government.
- The grounds for withdrawal or transfer are not listed, only that reasons be recorded.
- The text does not say whether a withdrawal order can be challenged, or how.
- It does not set out the territorial limits of any branch office.
Need help understanding who decides your patent matter?
Whether an officer had authority, or a matter was transferred correctly, can affect your next step. Our legal consultation team can read the orders on your file and advise how to respond.
Key takeaways
- The Controller General of Patents, Designs and Trade Marks is the Controller of Patents.
- The Central Government may appoint as many examiners and other officers as it thinks fit.
- Officers exercise Controller functions only as authorised by general or special order in writing.
- The Controller may withdraw or transfer a pending matter by written order with reasons recorded, and the matter may go on de novo or from the stage reached.
- There is one patent office, with a seal, a head office and branch offices as the Central Government specifies.
Read next
- Sections 75 and 76: restrictions on patent office employees and furnishing information
- Sections 77 and 78: Controller's civil court powers and correction of clerical errors
- Patent examination process: request, FER and hearing
- Patent registration process in India
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.