Sections 75 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 75 and 76 keep the patent office impartial. Section 75 makes every officer and employee incapable of acquiring any right or interest in a patent issued by that office while in office, except by inheritance or bequest. Section 76 bars officers and employees from furnishing information on matters dealt with under the Act, from preparing or helping to prepare documents for the patent office and from conducting searches in its records, unless required or authorised by law or by a direction. If you want to know what you can and cannot ask an officer, our legal consultation team can explain.
Section 75: during the period of their appointment, all officers and employees of the patent office are incapable of acquiring or taking, directly or indirectly, any right or interest in any patent issued by that office, except by inheritance or bequest. Section 76: unless required or authorised by the Act, or acting under a written direction of the Central Government or the Controller, or by order of a court, an officer or employee shall not furnish information on a matter dealt with under the Act, prepare or assist in preparing a document to be lodged in the patent office, or conduct a search in its records.
Amendments to know
In section 76, the printed text has a few words removed by amendment: the Patents (Amendment) Act, 2002 (from 20 May 2003) removed references to the Indian Patents and Designs Act, 1911 and substituted words in the reference to the authority giving directions, and the Tribunals Reforms Act, 2021 (from 4 April 2021) removed the reference to the Appellate Board. Section 75 is printed in its original form. The Jan Vishwas (Amendment of Provisions) Act, 2023 did not change either section. The offices and officers concerned are described in our article on sections 73 and 74.
Section 75: no right or interest in patents
"All officers and employees of the patents office shall be incapable, during the period for which they hold their appointments, to acquire or take, directly or indirectly, except by inheritance or bequest, any right or interest in any patent issued by that office."
Read it in parts:
- Who: "all officers and employees" of the patent office. The text does not distinguish rank.
- For how long: "during the period for which they hold their appointments". The bar ends with the appointment.
- What: to "acquire or take" any "right or interest in any patent" issued by that office. This covers ownership, shares, licences and other interests; the words "right or interest" are wide.
- How: "directly or indirectly". An interest held through a relative or a company, if in substance the officer's own, is caught by the word "indirectly". The text does not explain how far this reaches.
- Exception: "inheritance or bequest". An officer who inherits a patent, or is left it by will, can take it.
The word used is "incapable", not "prohibited". The section does not say what happens to an interest acquired in breach, or whether any penalty applies; the text is silent.
Section 76: officers not to furnish information
"An officer or employee in the patent office shall not, except when required or authorised by this Act or under a direction in writing of the Central Government or the Controller or by order of a court,—"
- (a) "furnish information on a matter which is being, or has been, dealt with under this Act";
- (b) "prepare or assist in the preparation of a document required or permitted by or under this Act to be lodged in the patent office"; or
- (c) "conduct a search in the records of the patent office."
| Clause | Barred act | Example |
|---|---|---|
| (a) | Furnish information on a matter being or having been dealt with under the Act | Telling a competitor what stage a pending application is at, outside what the Act allows |
| (b) | Prepare or assist in preparing a document to be lodged at the patent office | Drafting a specification or helping fill a form for an applicant |
| (c) | Conduct a search in the records of the patent office | Running a prior-art search for a private client |
The exceptions
The bar does not apply when the officer is:
- required or authorised by this Act. For example, the Act itself provides for publication of applications and inspection of the register, and the Controller must supply certified copies for the prescribed fee under section 72;
- acting under a direction in writing of the Central Government or the Controller; or
- acting by order of a court.
The text uses "shall not", a direct prohibition. It does not say who can complain, what the consequence of breach is or whether any penalty is attached.
Why these rules matter to applicants
An officer who examines your application cannot also draft it for you, hold a patent in your field or run a search for you privately. This protects confidentiality and the integrity of examination. It also means that you should not rely on informal advice from patent office staff on how to draft claims or what a search would show. Public information is available through the means the Act provides: publication of applications, the register open to inspection, and certified copies on the prescribed fee. Our article on sections 71 and 72 covers inspection and certified copies. Confidential examiner reports are the subject of a later section, covered in our article on sections 143 and 144.
For help in drafting and searching, applicants turn to registered patent agents and professionals (see our guide on patent agents) and to prior-art search services, not to officers of the office.
Illustration (invented)
Rahul, an examiner at the patent office, learns that an application by Prism Electronics Pvt. Ltd. for a display driver is pending. Prism's competitor, Lumen Devices Ltd., asks him informally what the examiner's objections are.
- Section 76(a) bars Rahul from furnishing information on a matter that is being dealt with under the Act, unless the Act, a written direction or a court order allows it.
- Lumen then asks him to draft its own application. Section 76(b) bars him from preparing or assisting in the preparation of that document.
- Lumen asks him to run a search in the office records for a client. Section 76(c) bars him from conducting such a search.
- Rahul's uncle dies and leaves him a patent by will. Section 75 has an exception for bequest, so Rahul can take it. If he instead bought the same patent from his uncle's estate during his appointment, the exception would not apply, and section 75 would make him incapable of acquiring it.
What the sections do not say
- No penalty or consequence for breach of section 75 or 76.
- No definition of "directly or indirectly", or of "matter dealt with under this Act".
- No form for the written direction of the Central Government or Controller.
- Section 75 does not say what happens to an interest held at the time of appointment.
Need help with a patent search or filing?
Rely on professionals who are permitted to advise you. Our legal consultation team can explain what the patent office can and cannot do for you and point you to the right route for drafting, searching and filing.
Key takeaways
- Section 75: during appointment, officers and employees of the patent office cannot acquire any right or interest in a patent issued by that office, directly or indirectly, except by inheritance or bequest.
- Section 76: they cannot furnish information on matters under the Act, prepare or assist in preparing documents for the office or conduct searches in its records, unless the Act, a written direction or a court order permits.
- The text states no penalty.
Read next
- Sections 77 and 78: Controller's civil court powers and correction of clerical errors
- Sections 73 and 74: the Controller, other officers and the patent office
- Patent agents: who can practise and registration
- Prior art search for patents: databases and techniques
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.