Term of patent
Section 53 of the Patents Act, 1970 deals with term of patent. Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the The Act came into force on 01 Apr 1978.
1[(1) Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002, and the term of every patent which has not expired and has not ceased to have effect, on the date of such commencement, under this Act, shall be twenty years from the date of filing of the application for the patent.]
2[Explanation.--For the purposes of this sub-section, the term of patent in case of International applications filed under the Patent Cooperation Treaty designating India, shall be twenty years from the international filing date accorded under the Patent Cooperation Treaty.]
(2) A patent shall cease to have effect notwithstanding anything therein or in this Act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid within the prescribed period 3[or within such extended period as may be prescribed].
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5[(4) Notwithstanding anything contained in any other law for the time being in force, on cessation of the patent right due to non-payment of renewal fee or on the expiry of the term of patent, the subject matter covered by the said patent shall not be entitled to any protection.]
Section 53, 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.
Referred to by 1
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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BASF SE v. Joint Controller of Patents and Designs & Ors.
Court's Decision & Legal Precedent
On a s.117A IPR Division appeal against Controller refusal, the High Court may set aside the refusal and remand with strict timelines where delay and contradictory inventive-step / s.3(d) reasoning make the order unsustainable, while expressly leaving merits open.
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.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 53
What have the courts held on Section 53 of the Patents Act?
BASF SE v. Joint Controller of Patents and Designs & Ors. (07 Mar 2025) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 53 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 53, section 53 Patents Act, section 53 of the Patents Act. People searching for it also type patent act section 53. 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 BASF SE v. Joint Controller of Patents and Designs & Ors. (07 Mar 2025).
What should I read with Section 53 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 53 of the Patents Act come into force?
Section 53 of the Patents Act, cited as Patents Act 53, 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.