Time for putting application in order for grant
Section 21 of the Patents Act, 1970 deals with time for putting application in order for grant. An application for a patent shall be deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the applicat The Act came into force on 01 Apr 1978.
1[21. Time for putting application in order for grant.-- (1) An application for a patent shall be deemed to have been abandoned unless, within such period as may be prescribed, the applicant has complied with all the requirements imposed on him by or under this Act, whether in connection with the complete specification or otherwise in relation to the application from the date on which the first statement of objections to the application or complete specification or other documents related thereto is forwarded to the applicant by the Controller.
Explanation.--Where the application for a patent or any specification or, in the case of a convention application or an application filed under the Patent Cooperation Treaty designating India any document filed as part of the application has been returned to the applicant by the Controller in the course of the proceedings, the applicant shall not be deemed to have complied with such requirements unless and until he has refiled it or the applicant proves to the satisfaction of the Controller that for the reasons beyond his control such document could not be refiled.
(2) If at the expiration of the period as prescribed under sub-section (1),--
(a) an appeal to the High Court is pending in respect of the application for the patent for the main invention; or
(b) in the case of an application for a patent of addition, an appeal to the High Court is pending in respect of either that application or the application for the main invention, the time within which the requirements of the Controller shall be complied with shall, on an application made by the applicant before the expiration of the period as prescribed under sub-section (1), be extended until such date as the High Court may determine.
(3) If the time within which the appeal mentioned in sub-section (2) may be instituted has not expired, the Controller may extend the period as prescribed under sub-section (1), to such further period as he may determine:
Provided that if an appeal has been filed during the said further period, and the High Court has granted any extension of time for complying with the requirements of the Controller, then the requirements may be complied with within the time granted by the Court.]
Section 21, The Patents Act, 1970 (Act 39 of 1970).
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.
-
Aroa Biosurgery Limited v. Controller General of Patents, Designs and Trademarks
Court's Decision & Legal Precedent
Hearing under s.14 requires that grounds of refusal appear in the hearing notice; Controller cannot refuse a patent application on s.3(i) when that objection first surfaces only in the impugned order and was absent from the s.14 hearing notice — matter remanded for fresh hearing with opportunity.
On this section: True
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
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 21
What have the courts held on Section 21 of the Patents Act?
Aroa Biosurgery Limited v. Controller General of Patents, Designs and Trademarks (24 Jun 2025) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 21 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 21, section 21 Patents Act, section 21 of the Patents Act. People searching for it also type patent act section 21. 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 Aroa Biosurgery Limited v. Controller General of Patents, Designs and Trademarks (24 Jun 2025).
What should I read with Section 21 of the Patents Act, and has it changed?
2 instruments name it without being made under it, most recently The Patents (Amendment) Rules, 2016 (2016), then The Patents (Amendment) rules, 2006 (2006).
When did Section 21 of the Patents Act come into force?
Section 21 of the Patents Act, cited as Patents Act 21, 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 16 Oct 2026. This page is not a substitute for legal advice.