Date of patent
Section 45 of the Patents Act, 1970 deals with date of patent. Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.] (2) The date of every patent shall be entered in the register. The Act came into force on 01 Apr 1978.
1[(1) Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.]
(2) The date of every patent shall be entered in the register.
(3) Notwithstanding anything contained in this section, no suit or other proceeding shall be commenced or prosecuted in respect of an infringement committed before 2[the date of publication of the application].
Section 45, The Patents Act, 1970 (Act 39 of 1970).
Questions about Section 45
What does Section 45 of the Patents Act deal with?
Section 45 of the Patents Act is headed "Date of patent". Subject to the other provisions contained in this Act, every patent shall be dated as of the date on which the application for patent was filed.] (2) The date of every patent shall be entered in the register.
How do I find court cases under Section 45 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 45, section 45 Patents Act, section 45 of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 45 of the Patents Act come into force?
Section 45 of the Patents Act, cited as Patents Act 45, 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.