Power of Controller to refuse or require amended applications, etc., in certain cases
Section 15 of the Patents Act, 1970 deals with power of Controller to refuse or require amended applications, etc., in certain cases. [15. Power of Controller to refuse or require amended applications, etc., in certain cases.--Where the Controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, The Act came into force on 01 Apr 1978.
1[15. Power of Controller to refuse or require amended applications, etc., in certain cases.--Where the Controller is satisfied that the application or any specification or any other document filed in pursuance thereof does not comply with the requirements of this Act or of any rules made thereunder, the Controller may refuse the application or may require the application, specification or the other documents, as the case may be, to be amended to his satisfaction before he proceeds with the application and refuse the application on failure to do so.]
Section 15, 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.
-
Euro-apex B.V. v. Controller of Patents and Designs
Court's Decision & Legal Precedent
Controller’s s.15 refusal must be a speaking order after putting the applicant on notice of each ground. Refusal resting on inventor-change / Korean nullification grounds never flagged in the FER or hearing notices violates natural justice; cryptic s.15 refusal ignoring deed of assignment and Dutch arbitral award is unsustainable and remittable.
On this section: Court quashed the Controller’s s.15 refusal of the heat-exchanger patent application and remanded for fresh hearing by another officer within six months.
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.
Questions about Section 15
What have the courts held on Section 15 of the Patents Act?
Euro-apex B.V. v. Controller of Patents and Designs (11 Mar 2025) is the leading judgment on this section among those set out below: Court quashed the Controller’s s.15 refusal of the heat-exchanger patent application and remanded for fresh hearing by another officer within six months.
How do I find court cases under Section 15 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 15, section 15 Patents Act, section 15 of the Patents Act. People searching for it also type patents act s 15. 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 Euro-apex B.V. v. Controller of Patents and Designs (11 Mar 2025).
What should I read with Section 15 of the Patents Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 15 of the Patents Act come into force?
Section 15 of the Patents Act, cited as Patents Act 15, 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 17 Oct 2026. This page is not a substitute for legal advice.