Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Repeal and Savings under Section 162 of the Patents Act, 1970

Updated 11 October 2026 · Fact-checked

Section 162 of the Patents Act, 1970 repeals the Indian Patents and Designs Act, 1911 in so far as it relates to patents, by amending it as the Schedule says. Sub-section (5) saves infringement suits and revocation proceedings pending in any court at commencement, which may be continued and disposed of as if the 1970 Act had not been passed.

Understand Repeal and Savings under Section 162

Every new law has to deal with the old one. If the old law simply vanished, cases already running under it would be left without rules. A repeal clause removes the old law. A savings clause protects what was already in motion.

Section 162 does both for patents. Sub-section (1) says the Indian Patents and Designs Act, 1911 is repealed in so far as it relates to patents. The wording is partial. The 1911 Act also dealt with designs (its title says so), so the repeal reaches the patent part. The designs part falls outside this sub-section as worded. The section says the 1911 Act "shall be amended in the manner specified in the Schedule". This is how the repeal is carried out.

Sub-section (4) says that naming particular matters in the section does not prejudice the general application of the General Clauses Act, 1897 with respect to repeals. So the general rules on the effect of repeal still apply alongside Section 162.

Sub-section (5) is the main savings rule. It begins "Notwithstanding anything contained in this Act". Any suit for infringement of a patent, or any proceeding for revocation of a patent, pending in any court at the commencement of the Act may be continued and disposed of as if the 1970 Act had not been passed. The words are permissive ("may be continued"). The section does not name the earlier law, so use its own words in your answer.

Sub-sections (2) and (3) are omitted, with effect from 20-5-2003. Section 161 was omitted by the Patents (Amendment) Act, 2002 (38 of 2002), with effect from the same date. Do not quote content from omitted provisions as current law. The Act came into force on dates fixed by notification under Section 1(3). Different dates could be fixed for different provisions, so "commencement" means the commencement of the relevant provision.

Key rules to remember

Repeal (Section 162(1)): 1911 Act repealed only in so far as it relates to patents, by amendment per the Schedule; As worded, the designs part of the 1911 Act falls outside this sub-section. This is an inference from the words 'in so far as it relates to patents'.
Savings of pending litigation (Section 162(5)): Pending infringement suit or revocation proceeding in any court at commencement → may be continued and disposed of as if the 1970 Act had not been passed; It covers only suits for infringement and proceedings for revocation, pending in a court. Do not extend it to other matters.
General Clauses Act (Section 162(4)): Particular matters mentioned ⇏ prejudice to General Clauses Act, 1897 on repeals; The specific list does not displace the general law on repeals.
Omitted provisions: Section 162(2) and (3): omitted w.e.f. 20-5-2003; Section 161: omitted w.e.f. 20-5-2003; Section 161 was omitted by the Patents (Amendment) Act, 2002 (38 of 2002). Do not cite the old content of any of these as current.
Commencement (Section 1(3)): Act in force on date notified; different dates for different provisions; Fixes what 'commencement' means for the savings rule.

How to solve Repeal and Savings under Section 162 questions

Use the same sequence for any question on repeal and savings. Keep it provision, analysis, conclusion.

1Identify what is asked: repeal of the 1911 Act, savings of pending cases, or the effect of the General Clauses Act.
2State the provision: Section 162(1) for repeal, Section 162(5) for savings, Section 162(4) for the General Clauses Act.
3Check the facts: what kind of matter is it (infringement suit, revocation proceeding, or something else) and where is it pending (a court)?
4Check timing: was it pending at the commencement of the Act, read with Section 1(3)?
5Apply the rule: if it fits sub-section (5), it may be continued and disposed of as if the 1970 Act had not been passed. If not, sub-section (5) does not apply on its own words.
6Note the limits: the repeal covers the patent part only, and omitted provisions are not current law.
7Write a clear conclusion in one or two lines.

Quickest way: Three-question test for Section 162(5)

When to use it: Use it for short fact-based questions where you must decide whether an old proceeding is saved.

Is it a suit for infringement of a patent or a proceeding for revocation of a patent?
Is it pending in a court at commencement?
If both are yes, it is saved and may be continued and disposed of as if the 1970 Act had not been passed. If either is no, say sub-section (5) does not squarely cover it.

Common mistakes in Repeal and Savings under Section 162

Saying the 1911 Act was repealed completely.
Students remember the word 'repeal' and drop the qualifier.
Fix: Write 'repealed in so far as it relates to patents'. The designs part falls outside Section 162(1) as worded.
Saying all pending proceedings are saved.
The word 'savings' sounds wide.
Fix: Sub-section (5) names only suits for infringement and proceedings for revocation, pending in a court.
Applying the new Act to a saved pending suit.
Students assume a new law governs everything after commencement.
Fix: Quote the words 'may be continued and disposed of as if this Act had not been passed' and apply them: the saved case may proceed as if the 1970 Act had not been passed.
Quoting Section 162(2), (3) or Section 161 as current law.
Older notes still describe them.
Fix: State that sub-sections (2) and (3) were omitted w.e.f. 20-5-2003, and that Section 161 was omitted by the Patents (Amendment) Act, 2002 w.e.f. 20-5-2003.
Ignoring the General Clauses Act, 1897.
It is a short sub-section and gets skipped.
Fix: Mention Section 162(4): the particular mentions do not prejudice the general law on repeals.

Worked examples

Example 1

Before the Patents Act, 1970 came into force, Arjun Pharma Ltd. had filed a suit in a court for infringement of its patent. The suit was still pending when the Act came into force. What does Section 162(5) allow in relation to the suit, and why?

Show the solution

Provision: Section 162(5) covers any suit for infringement of a patent pending in any court at the commencement of the Act.
Facts: the matter is an infringement suit, it is in a court, and it was pending at commencement.
Application: all conditions are met, so the suit may be continued and disposed of as if the 1970 Act had not been passed.
Conclusion: the suit falls within the savings rule. The section is permissive ('may be continued') and does not itself name the earlier law.

Answer: Section 162(5) allows the suit to be continued and disposed of as if the 1970 Act had not been passed.

Example 2

Explain briefly the extent of the repeal of the Indian Patents and Designs Act, 1911 by Section 162 and name two matters the section preserves or leaves untouched.

Show the solution

Provision: Section 162(1) repeals the 1911 Act in so far as it relates to patents, by amending it as the Schedule specifies.
Extent: the repeal is partial. The 1911 Act also dealt with designs, which fall outside this sub-section as worded.
Preserved matter one: under Section 162(5), pending infringement suits and revocation proceedings may be continued and disposed of as if the 1970 Act had not been passed.
Preserved matter two: under Section 162(4), the General Clauses Act, 1897 continues to apply generally to repeals.
Note: sub-sections (2) and (3) were omitted w.e.f. 20-5-2003.

Answer: Section 162(1) repeals the 1911 Act only so far as it relates to patents. Pending infringement suits and revocation proceedings are saved by sub-section (5), which allows them to be continued as if the 1970 Act had not been passed, and the General Clauses Act, 1897 continues to apply under sub-section (4).

Exam tips

Quote the key phrases: 'in so far as it relates to patents' and 'as if this Act had not been passed'.
In case-based questions, list the three facts that matter: type of proceeding, court, and pending at commencement.
Mention the omission of sub-sections (2) and (3) with the date 20-5-2003 to show current knowledge.
Keep the answer in the order provision, analysis, conclusion, and end with a one-line conclusion.

Practice questions from Indian Patent Law and its Developments

Repeal and Savings under Section 162: frequently asked questions

What does Section 162 of the Patents Act, 1970 do?

It repeals the Indian Patents and Designs Act, 1911 in so far as it relates to patents. It also saves infringement suits and revocation proceedings pending in any court at commencement.

Is the Designs part of the 1911 Act repealed by Section 162?

Section 162(1) repeals the 1911 Act only in so far as it relates to patents. As worded, the designs part falls outside that sub-section. This is an inference from those words.

Which proceedings are saved under Section 162(5)?

Any suit for infringement of a patent and any proceeding for revocation of a patent, pending in any court at the commencement of the Act. They may be continued and disposed of as if the 1970 Act had not been passed.

Are Section 162(2) and (3) still in force?

No. Sub-sections (2) and (3) are omitted with effect from 20-5-2003. Section 161 was omitted by the Patents (Amendment) Act, 2002 with effect from the same date.