Section43
The Patents Act, 1970

Grant of patents

In force From 01 Apr 1978 Act 39 of 1970 As on 17 Oct 2026

Act 39 of 1970 Ministry Commerce and Industry Enacted 19 Sep 1970 In force 01 Apr 1978 Cited by 1 provision Instruments 1

Section 43 of the Patents Act, 1970 deals with grant of patents. 1,[43. Grant of patents.--(1) Where an application for a patent has been found to be in order for grant of the patent and either-- (a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; The Act came into force on 01 Apr 1978.

1,2[43. Grant of patents.--(1) Where an application for a patent has been found to be in order for grant of the patent and either--

(a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; or

(b) the application has not been found to be in contravention of any of the provisions of this Act,

the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register.

(2) On the grant of patent, the Controller shall publish the fact that the patent has been granted and thereupon the application, specification and other documents related thereto shall be open for public inspection.]

Section 43, 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.

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 43

What does Section 43 of the Patents Act deal with?

Section 43 of the Patents Act is headed "Grant of patents". 1,[43. Grant of patents.--(1) Where an application for a patent has been found to be in order for grant of the patent and either-- (a) the application has not been refused by the Controller by virtue of any power vested in him by this Act;

How do I find court cases under Section 43 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 43, section 43 Patents Act, section 43 of the Patents Act. 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 43 of the Patents Act, and has it changed?

1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently The Patents (Amendment) rules, 2006 (2006).

When did Section 43 of the Patents Act come into force?

Section 43 of the Patents Act, cited as Patents Act 43, 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.