INTRODUCTION
In India, the system of granting and managing patents is governed by the Patents Act, 1970 (“Act”), and the accompanying Patent Rules, 2003. One of the most crucial elements under this law is the Register of Patents—a legal record that reflects the ownership and status of patents. Managed by the Controller of Patents, this register is the official repository for information such as the names of patent holders, details of any changes in ownership, licensing, renewals, and related legal actions. For a patent holder, legal professional, start-up founder, or researcher understanding how this register works is essential to protect your intellectual property rights.
REGISTER PARTICULARS
Under Section 67 of the Act read with Rule 88, a Register of Patents includes names and addresses of patent holders (also called "grantees"), records of assignments, licenses, revocations, and extensions, and other important legal updates that impact a patent's validity or ownership. It is generally maintained in electronic form, and certified copies of the entries can be used as legal evidence in courts. Section 72 read with Rule 95 permits public access and inspection of the Register during office hours, anyone can view entries, and request for certified copies (for a fee). However, electronic registers are also considered legally valid under Section 67(6). The register acts as prima facie evidence, meaning courts assume the register is correct unless proven otherwise.
As per Rule 93, the patent can be kept in force by paying renewal fees annually, which is recorded along with its date, and certificate of renewal is issued to the Patentee. Failure to pay the renewal fee results in the patent being marked as lapsed by the Patent Office.
Rule 94 allows change in the Name, Nationality, Address, or Service address in India, of a patentee by filing an request for an update in the register. A Proof for the change may be required. Only those authorized by the Controller can access or update the register in electronic form.
ASSIGNMENTS AND OTHER INTERESTS IN PATENTS
Section 68 states that if a patent is sold, licensed, mortgaged, or shared, the agreement must be in writing, and clearly outline all terms and conditions. Thus, oral agreements or vague understandings don't count as valid assignment. Section 69 read with Rules 90–92 provides guidance regarding registering changes in ownership or Rights. It states that when someone becomes the new owner or gains an interest (e.g., a license) in a patent, they must apply in writing to the Controller using Form 16 (Rule 90), submit documents like assignments, licences, or court orders (Rule 91), and get their name and rights entered into the register. The Controller will review the application and, if satisfied register the new owner or co-owner, or note the interest (e.g., licensee, mortgagee). However, if a dispute arises regarding the true owner of the patent, the Controller puts on hold the update until a court decides the matter (Section 69(3)).
RECTIFICATION OF REGISTER BY HIGH COURT
Section 71 of the Act permits Appellate Board's or the Court to make correction to the Register on a request from a party aggrieved (e.g., left out of the register or listed incorrectly). The Court can add a missing entry, remove a wrongful entry, and fix errors or defects. The Controller must act on the Court's orders and update the register. However, Section 69(5) states that if the title or interest towards the Patent is not registered, the court may not accept the documents as evidence, unless special cause is shown.
CONCLUSION
The Register of Patents under the Act plays a crucial role in ensuring transparency and legal certainty in the patent system by maintaining an official record of granted patents and associated transactions. Countries like the USA, UK, Japan, and Germany also maintain centralized patent registers to document ownership, licensing, and legal status, enabling public access and supporting enforcement. These registers serve as authoritative tools for verifying rights, facilitating commercial deals, and reducing disputes, thereby balancing administrative efficiency with the protection of inventor interests.
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