Power of Controller to make orders respecting dating of application
Section 17 of the Patents Act, 1970 deals with power of Controller to make orders respecting dating of application. Subject to the provisions of section 9, at any time after the filing of an application and [before the grant of the patent] under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specif The Act came into force on 01 Apr 1978.
(1) Subject to the provisions of section 9, at any time after the filing of an application and 1[before the grant of the patent] under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specified in the request, and proceed with the application accordingly:
Provided that no application shall be post-dated under this sub-section to a date later than six months from the date on which it was actually made or would, but for the provisions of this sub-section, be deemed to have been made.
2[(2) Where an application or specification (including drawings) or any other documents is required to to be amended under section 15, the application or specification or other document shall, if the Controller so directs, be deemed to have been made on the date on which the requirement is complied with or where the application or specification or other document is returned to the applicant, on the date on which it is refiled after complying with the requirement.]
Section 17, 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.
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Questions about Section 17
What does Section 17 of the Patents Act deal with?
Section 17 of the Patents Act is headed "Power of Controller to make orders respecting dating of application". Subject to the provisions of section 9, at any time after the filing of an application and [before the grant of the patent] under this Act, the Controller may, at the request of the applicant made in the prescribed manner, direct that the application shall be post-dated to such date as may be specif
How do I find court cases under Section 17 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 17, section 17 Patents Act, section 17 of the Patents Act. People searching for it also type uk patents act section 17. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 17 of the Patents Act, and has it changed?
Its own text turns on section 9 (Provisional and complete specifications), section 15 (Power of Controller to refuse or require amended applications, etc., in certain cases), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When did Section 17 of the Patents Act come into force?
Section 17 of the Patents Act, cited as Patents Act 17, 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.