Unauthorised claim of patent rights
Section 120 of the Patents Act, 1970 deals with unauthorised claim of patent rights. If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be punishable with fine which may extend to [one lakh rupees]. The Act came into force on 01 Apr 1978.
If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be punishable with fine which may extend to 1[one lakh rupees].
Explanation l.--For the purposes of this section, a person shall be deemed to represent--
(a) that an article is patented in India if there is stamped, engraved or impressed on, or otherwise applied to, the article the word "patent" or "patented" or some other word expressing or implying that a patent for the article has been obtained in India;
(b) that an article is the subject of an application for a patent in India, if there are stamped, engraved or impressed on, or otherwise applied to, the article the words "patent applied for", "patent pending", or some other words implying that an application for a patent for the article has been made in India.
Explanation 2.--The use of words "patent", "patented", "patent applied for", "patent pending" or other words expressing or implying that an article is patented or that a patent has been applied for shall be deemed to refer to a patent in force in India, or to a pending application for a patent in India, as the case may be unless there is an accompanying indication that the patent has been obtained or applied for in any country outside India.
Section 120, The Patents Act, 1970 (Act 39 of 1970).
Questions about Section 120
What does Section 120 of the Patents Act deal with?
Section 120 of the Patents Act is headed "Unauthorised claim of patent rights". If any person falsely represents that any article sold by him is patented in India or is the subject of an application for a patent in India, he shall be punishable with fine which may extend to [one lakh rupees].
How do I find court cases under Section 120 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 120, section 120 Patents Act, section 120 of the Patents Act. People searching for it also type patents act s 120. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 120 of the Patents Act come into force?
Section 120 of the Patents Act, cited as Patents Act 120, 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.