In cases of "obtaining" Controller may treat the patent as the patent of opponent
Section 26 of the Patents Act, 1970 deals with in cases of "obtaining" Controller may treat the patent as the patent of opponent. Where in any opposition proceeding under this Act the Controller finds that-- (a) the invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section (2) of section 25 and revokes the patent on that ground, he The Act came into force on 01 Apr 1978.
1[26. In cases of “obtaining” Controller may treat the patent as the patent of opponent.--(1) Where in any opposition proceeding under this Act the Controller finds that--
(a) the invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set out in clause (a) of sub-section (2) of section 25 and revokes the patent on that ground, he may, on request by such opponent made in the prescribed manner, direct that the patent shall stand amended in the name of the opponent;
(b) a part of an invention described in the complete specification was so obtained from the opponent, he may pass an order requiring that the specification be amended by the exclusion of that part of the invention.
(2) Where an opponent has, before the date of the order of the Controller requiring the amendment of a complete specification referred to in clause (b) of sub-section (1), filed an application for a patent for an invention which included the whole or a part of the invention held to have been obtained from him and such application is pending, the Controller may treat such application and specification in so far as they relate to the invention held to have been obtained from him, as having been filed, for the purposes of this Act relating to the priority dates of claims of the complete specification, on the date on which the corresponding document was or was deemed to have been filed by the patentee in the earlier application but for all other purposes the application of the opponent shall be proceeded with as an application for a patent under this Act.]
Section 26, 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.
This section refers to
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 26
What does Section 26 of the Patents Act deal with?
Section 26 of the Patents Act is headed "In cases of "obtaining" Controller may treat the patent as the patent of opponent". [26. In cases of “obtaining” Controller may treat the patent as the patent of opponent.--(1) Where in any opposition proceeding under this Act the Controller finds that-- (a) the invention, so far as claimed in any claim of the complete specification, was obtained from the opponent in the manner set
How do I find court cases under Section 26 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 26, section 26 Patents Act, section 26 of the Patents Act. People searching for it also type patents act chapter 26 03 and patent act section 26. 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 26 of the Patents Act, and has it changed?
Its own text turns on section 25 (Opposition to patent), so none of them can safely be read on its own. 2 instruments name it without being made under it, most recently Patents (2nd Amendment) Rules, 2020 (2020), then The Patents (Amendment) Rules, 2014 (2014).
When did Section 26 of the Patents Act come into force?
Section 26 of the Patents Act, cited as Patents Act 26, 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 14 Oct 2026. This page is not a substitute for legal advice.