Intellectual Property Rights - Law and Practice · Patent Databases and Patent Information System

Information Relating to Patents under Section 153

Updated 11 October 2026 · Fact-checked

Section 153 of the Patents Act, 1970 lets any person ask the Controller, in the prescribed manner and on paying the prescribed fee, for information on prescribed matters about a named patent or patent application. The Controller must supply it. Related sections cover the Official Journal (s.145) and public inspection of the Register (s.72).

Understand Information Relating to Patents under Section 153

Patent law gives the owner a monopoly. In return, the public must be able to learn what is protected, who owns it and what stage an application has reached. Without this, no one could avoid infringement or challenge a weak patent.

Section 153 is the on-request route. A person makes a request to the Controller in the prescribed manner. The request must be about a patent specified in the request or an application for a patent so specified. The information must relate to matters that are prescribed. On payment of the prescribed fee, the person is entitled to have the information supplied.

Two other provisions work alongside it. Section 145 requires the Controller to publish an official journal periodically, containing the information the Act or rules require to be published. Section 72 says the register is open to public inspection at all convenient times, and certified copies of any entry, sealed with the patent office seal, are given on payment of the prescribed fee.

The register is prima facie evidence of matters required or authorised to be entered in it (s.72(2)). If records are kept electronically, giving public access to the electronic form or printouts satisfies the inspection rule (s.72(3)).

There are limits. Section 76 bars patent office officers from furnishing information on a matter dealt with under the Act, except when the Act, a written direction of the Central Government or the Controller, or a court order requires or authorises it. So Section 153 is a statutory entitlement, not a free-for-all. Section 159 lets the Central Government make rules on fees, forms, the register and inspection, and those rules fill in the details.

Key rules to remember

Section 153 entitlement: Request to Controller (prescribed manner) + patent or application specified + prescribed matters + prescribed fee = entitled to information; All four elements must be present. The Act leaves the matters, manner and fee to the rules.
Official Journal (s.145): Controller publishes periodically an official journal with information required by the Act or rules; Section 145 was substituted by the 2005 Amendment Act, w.e.f. 1-1-2005.
Register inspection (s.72(1)): Register open to public at all convenient times; certified sealed copies on prescribed fee; Subject to the Act and the rules.
Evidentiary value (s.72(2)): Register = prima facie evidence of matters required or authorised to be entered; Prima facie means it can be rebutted.
Restriction on officers (s.76): No furnishing of information except as the Act requires or authorises, on written direction of the Central Government or Controller, or on court order; This balances public access with confidentiality.
Rule-making (s.159): Central Government makes rules by notification, after previous publication; Fees, forms, register maintenance and inspection times are rule matters. Previous publication can be dispensed with if compliance is practically not possible.

How to solve Information Relating to Patents under Section 153 questions

For a case-based question on patent information, work through the provision, the facts and the conclusion in order.

1Identify who is asking for what: information on a patent, on an application, inspection of the register, or a journal notice.
2Match it to the section: s.153 for information on request, s.145 for the journal, s.72 for register inspection and certified copies, s.76 for officer confidentiality.
3For s.153, check the four elements: request to the Controller in the prescribed manner, a specified patent or application, prescribed matters, and payment of the prescribed fee.
4Check whether the facts show any missing element, such as an unpaid fee or a vague request that names no patent or application.
5Apply any limit, such as s.76 where an officer is asked informally for information or a search.
6State the conclusion plainly: entitled or not entitled, and what the person should do to comply.
7Add the practical point: file the request in the prescribed form, pay the fee and keep the receipt. Check the current rules for the form and fee.

Quickest way: Four-element check

When to use it: Use when the question is short and asks whether a person can get patent information.

Write 'Section 153' and quote the entitlement in one line.
Tick the four elements: request, specified patent or application, prescribed matters, fee.
Link s.145 and s.72 in one line each as the public channels.
Conclude and mention s.76 if an officer is involved.

Common mistakes in Information Relating to Patents under Section 153

Saying the information is free of cost.
Students think of it as a public right and forget the fee condition.
Fix: Always write 'subject to payment of the prescribed fee'.
Stating specific fee amounts or forms from memory.
Students mix the Act with the Patents Rules.
Fix: Say the manner, matters and fee are 'prescribed' by rules under s.159. Do not invent figures.
Confusing s.153 with s.145.
Both deal with information.
Fix: Section 153 is information on request about a named patent or application. Section 145 is the Controller's periodical journal.
Treating the register as conclusive evidence.
Students overstate its value.
Fix: Section 72(2) says prima facie evidence only.
Ignoring s.76 when an officer is asked for information.
Students focus only on the right to information.
Fix: Note that an officer cannot furnish information outside the Act, a written direction or a court order. The formal s.153 request is the proper route.

Worked examples

Example 1

Meera, a company secretary advising Nova Pharma Ltd, wants details of a pending patent application filed by a competitor. She writes informally to a patent office clerk. Advise her.

Show the solution

Provision: s.153 entitles a person to information on prescribed matters about a specified patent or application, on a request to the Controller in the prescribed manner and payment of the prescribed fee.
Facts: Meera approached a clerk informally and paid no fee.
Analysis: s.76 bars an officer from furnishing information on a matter dealt with under the Act, unless the Act, a written direction of the Central Government or Controller, or a court order authorises it. An informal request is not the prescribed manner.
Conclusion: she should send a formal request to the Controller naming the application, covering prescribed matters, with the prescribed fee.

Answer: Meera cannot rely on the clerk. She must make a formal s.153 request to the Controller in the prescribed manner, specify the application and pay the prescribed fee. Only then is she entitled to the information.

Example 2

Explain how the public can learn about granted patents and the entries on the Register of Patents.

Show the solution

Grant: under s.43(2), the Controller publishes the fact of grant, and the application, specification and related documents then open for public inspection.
Journal: s.145 requires a periodically published official journal with information the Act or rules require.
Register: s.72(1) opens it to the public at all convenient times, with sealed certified copies of entries on the prescribed fee.
Electronic records: s.72(3) is satisfied if public access to the electronic record or printouts is given.
Specific queries: s.153 gives an entitlement to information on a named patent or application on request and fee.
Evidence: s.72(2) makes the register prima facie evidence of entered matters.

Answer: The public learns through the Official Journal (s.145), publication of grant and inspection of documents (s.43(2)), inspection of the Register and certified copies (s.72), and on-request information under s.153, subject to the prescribed fee and rules.

Exam tips

Quote the key words of s.153: 'prescribed manner', 'prescribed fee', 'entitled'. Examiners look for them.
In case questions, always follow provision, facts, conclusion, and end with a practical step such as filing the request.
Pair s.153 with ss.145, 72 and 76 in answers. This shows you understand the information system as a whole.
Do not quote fee amounts or rule numbers unless you are sure. Refer to the Patents Rules generally.
Keep the s.72(2) phrase 'prima facie evidence' exact.

Practice questions from Patent Databases and Patent Information System

Information Relating to Patents under Section 153 in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Information Relating to Patents under Section 153: frequently asked questions

What does Section 153 of the Patents Act, 1970 provide?

It entitles a person to information on prescribed matters about a specified patent or application. The person must request the Controller in the prescribed manner and pay the prescribed fee.

Is the Official Journal covered by Section 153?

No. The Official Journal is under Section 145. The Controller publishes it periodically with information required by the Act or rules.

What is the Register of Patents and can the public inspect it?

It is the register maintained by the patent office. Under Section 72, it is open to public inspection at all convenient times, and certified copies of entries are given on the prescribed fee.

Can a patent office officer give me information informally?

Generally no. Section 76 bars officers from furnishing information on matters under the Act unless the Act, a written direction of the Central Government or Controller, or a court order allows it.