Grant of patent to true and first inventions where it has been obtained by another in fraud of him
Section 52 of the Patents Act, 1970 deals with grant of patent to true and first inventions where it has been obtained by another in fraud of him. [Where the patent has been revoked under section 64] on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the 2] court], instead of revoking the patent, direct The Act came into force on 01 Apr 1978.
(1) 1[Where the patent has been revoked under section 64] on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the 2] 3**** court], instead of revoking the patent, directs the complete specification to be amended by the exclusion of a claim or claims in consequence of a finding that the invention covered by such claim or claims had been obtained from the petitioner, the 2[ 3**** court] may, by order passed in the same proceeding, permit the grant to the petitioner of the whole or such part of the invention which the 2[ 3*** court] finds has been wrongfully obtained by the patentee, in lieu of the patent so revoked or is excluded by amendment.
(2) Where any such order is passed, the Controller shall, on request by the petitioner made in the prescribed manner grant to him:--
(i) in cases where the 2[ 3*** court] permits the whole of the patent to be granted, a new patent bearing the same date and number as the patent revoked;
(ii) in cases where the 2[ 3 court] permits a part only of the patent to be granted, a new patent for such part bearing the same date as the patent revoked and numbered in such manner as may be prescribed:
Provided that the Controller may, as a condition of such grant, require the petitioner to file a new and complete specification to the satisfaction of the Controller describing and claiming that part of the invention for which the patent is to be granted.
(3) No suit shall be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted.
Section 52, 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.
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Questions about Section 52
What does Section 52 of the Patents Act deal with?
Section 52 of the Patents Act is headed "Grant of patent to true and first inventions where it has been obtained by another in fraud of him". [Where the patent has been revoked under section 64] on the ground that the patent was obtained wrongfully and in contravention of the rights of the petitioner or any person under or through whom he claims, or, where in a petition for revocation, the 2] court], instead of revoking the patent, direct
How do I find court cases under Section 52 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 52, section 52 Patents Act, section 52 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 52 of the Patents Act, and has it changed?
Its own text turns on section 64 (Revocation of Power patents), so none of them can safely be read on its own.
When did Section 52 of the Patents Act come into force?
Section 52 of the Patents Act, cited as Patents Act 52, 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.