Section12
The Patents Act, 1970

Examination of application

In force From 01 Apr 1978 Act 39 of 1970 As on 18 Oct 2026

Act 39 of 1970 Ministry Commerce and Industry Enacted 19 Sep 1970 In force 01 Apr 1978 Cited by 1 provision Instruments 1

Section 12 of the Patents Act, 1970 deals with examination of application. When a request for examination has been made in respect of an application for a patent in the prescribed manner [under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller] to an e The Act came into force on 01 Apr 1978.

1[(1) When a request for examination has been made in respect of an application for a patent in the prescribed manner 2[under sub-section (1) or sub-section (3) of section 11B, the application and specification and other documents related thereto shall be referred at the earliest by the Controller] to an examiner for making a report to him in respect of the following matters, namely:--

(a) whether the application and the 3[specification and other documents relating thereto] are in accordance with the requirements of this Act and of any rules made thereunder;

(b) whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;

(c) the result of investigations made under section 13; and

(d) any other matter which may be prescribed.

(2) The examiner to whom the application and the 3[specification and other documents relating thereto] are referred under sub-section (1) shall ordinarily make the report to the Controller within 4[such period as may be prescribed].

Section 12, The Patents Act, 1970 (Act 39 of 1970).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. UCB Pharma GmbH & Anr. v. The Controller of Patents and Designs

    High Court 08 Apr 2025 Persuasive (High Court — Final Order / Judgement) IPDPTA No.117 of 2023 (Calcutta HC — Krishna Rao, J.) — 08.04.2025

    Court's Decision & Legal Precedent

    Examination under s.12 / hearing practice requires that prior arts and objections the Controller will rely on be disclosed to the applicant before the hearing; springing additional prior-art documents (D4/D5) for the first time at hearing, and rejecting claims on grounds not flagged in the hearing notice, violates natural justice and the examination scheme.

    On this section: True

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 12

What have the courts held on Section 12 of the Patents Act?

UCB Pharma GmbH & Anr. v. The Controller of Patents and Designs (08 Apr 2025) is the leading judgment on this section among those set out below: True.

How do I find court cases under Section 12 of the Patents Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 12, section 12 Patents Act, section 12 of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with UCB Pharma GmbH & Anr. v. The Controller of Patents and Designs (08 Apr 2025).

What should I read with Section 12 of the Patents Act, and has it changed?

Its own text turns on section 11B (Request for examination), section 13 (Search for anticipation by previous publication and by prior claim), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently The Patents (Amendment) Rules, 2016 (2016).

When did Section 12 of the Patents Act come into force?

Section 12 of the Patents Act, cited as Patents Act 12, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.