Section 11A: Publication of applications

Q: What does Section 11A of The Patents Act, 1970 (PA) deal with?

Section 11A PA pertains to "Publication of applications". It is part of the The Patents Act, 1970, a legislation enacted by the Parliament of India. Section 11A of The Patents Act, 1970 (PA) governs publication of applications. As verified on 22 May 2026.

Q: Is Section 11A PA still in force?

Yes, Section 11A of the The Patents Act, 1970 is currently in force across the Republic of India.

Q: What is धारा 11A PA?

धारा 11A PA is the Devanagari Hindi reference for Section 11A of the The Patents Act, 1970. Section 11A of The Patents Act, 1970 (PA) governs publication of applications. As verified on 22 May 2026.

Q: What is Dhara 11A PA?

Dhara 11A PA is the Roman Hindi reference for Section 11A of the The Patents Act, 1970. "Dhara" means "Section" in Hindi. Section 11A of The Patents Act, 1970 (PA) governs publication of applications. As verified on 22 May 2026.

Q: How to cite Section 11A of The Patents Act, 1970?

Cite as: "Section 11A, The Patents Act, 1970 (PA)" in legal briefs. For academic writing, use the BlueBook format: The Patents Act, 1970, 1970, § 11A (India).

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(2)

The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under sub-section (1) and subject to the provisions of sub-section (3), the Controller shall publish such application as soon as possible.

(3)

Every application for a patent shall, on the expiry of the period specified under sub-section (1), be published, except in cases where the application—

(4)

In case a secrecy direction has been given in respect of an application under section 35, then it shall be published after the expiry of the period prescribed under sub-section (1) or when the secrecy direction has ceased to operate, whichever is later.

(5)

The publication, of every application under this section shall include the particulars of the date of application, number of application, name and address of the applicant identifying the application and an abstract.

(6)

Upon publication of an application for a patent under this section—

(7)

On and from the date of publication of the application for patent and until the date of grant of a patent in respect of such application, the applicant shall have the like privileges and rights as if a patent for the invention had been granted on the date of publication of the application:

Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted:

Provided further that the rights of a patentee in respect of applications made under sub-section (2) of section 5 before the 1st day of January, 2005 shall accrue from the date of grant of the patent:

Provided also that after a patent is granted in respect of applications made under sub-section (2) of section 5, the patent-holder shall only be entitled to receive reasonable royalty from such enterprises which have made significant investment and were producing and marketing the concerned product prior to the 1st day of January, 2005 and which continue to manufacture the product covered by the patent on the date of grant of the patent and no infringement proceedings shall be instituted against such enterprises.