Liability for contravention of section 35 or section 39
Section 40 of the Patents Act, 1970 deals with liability for contravention of section 35 or section 39. Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 [or makes or causes to be made an application for grant of a patent outside India in contravention of The Act came into force on 01 Apr 1978.
Without prejudice to the provisions contained in Chapter XX, if in respect of an application for a patent any person contravenes any direction as to secrecy given by the Controller under section 35 1[or makes or causes to be made an application for grant of a patent outside India in contravention of section 39], or the application for patent under this Act shall be deemed to have been abandoned and the patent granted, if any, shall be liable to be revoked under section 64.
Section 40, 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.
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Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trade Marks
Court's Decision & Legal Precedent
s.39 written-permit rule for residents filing abroad applies to patents of addition / CIP after Indian parent first-filing, but bona fide belief that parent filing satisfied the permit duty is credible where parent was first filed in India and PoA is ancillary; ambiguity in applying s.39 to PoA does not justify harsh refusal without nuanced construction.
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.
Questions about Section 40
What have the courts held on Section 40 of the Patents Act?
Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trade Marks (28 Nov 2023) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 40 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 40, section 40 Patents Act, section 40 of the Patents Act. People searching for it also type patents act no 40 of 2016. 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 Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trade Marks (28 Nov 2023).
What should I read with Section 40 of the Patents Act, and has it changed?
Its own text turns on section 35 (Secrecy directions relating to inventions relevant for defence purposes), section 39 (Residents not to apply for patents outside India without prior permission), section 64 (Revocation of Power patents), so none of them can safely be read on its own.
When did Section 40 of the Patents Act come into force?
Section 40 of the Patents Act, cited as Patents Act 40, 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 15 Oct 2026. This page is not a substitute for legal advice.