Sections 160 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 160 requires every rule made under the Act to be laid before each House of Parliament for a total period of thirty days; Parliament may modify a rule or agree that it should not be made, and it then has effect only in that form or not at all, without prejudice to what was done under it. Section 162 repeals the Indian Patents and Designs Act, 1911 so far as it relates to patents and, in sub-section (5), lets pending infringement suits and revocation proceedings continue as if the 1970 Act had not been passed. Sections 161 and 163, and the Schedule, are covered in a few lines below. If a very old patent or a pre-1970 proceeding is in question, our legal consultation team can help you trace which law applies.
s.160: every rule made under the Act is laid before each House of Parliament for a total of thirty days (in one session or two or more successive sessions); if both Houses agree to modify it or that it should not be made, it has effect only in modified form or not at all, without prejudice to the validity of anything previously done under it. s.162: the Indian Patents and Designs Act, 1911 is repealed in so far as it relates to patents, by amending it as in the Schedule; the General Clauses Act, 1897 applies to repeals; and suits for infringement and revocation proceedings pending at the commencement may continue as if this Act had not been passed. ss.161 and 163 are omitted.
Amendments to know
In section 160, the words "in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid" were substituted for certain words by Act 4 of 1986, section 2 and the Schedule, with effect from 15 May 1986. In section 162, sub-sections (2) and (3) were omitted by the Patents (Amendment) Act, 2002, section 66, with effect from 20 May 2003; they are shown as a row of asterisks and their earlier content is not described here. Section 161 is shown as omitted by the 2002 Act with effect from 20 May 2003; the omission note cites "s. 46", the same number as the note on section 112, which may be a citation slip, so rely on the date and the fact of omission. Section 163 is shown as omitted by the Patents (Amendment) Act, 2005, section 77, with effect from 1 January 2005. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change sections 160 or 162.
Section 160: rules to be laid before Parliament
"Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."
| Step | What the text says |
|---|---|
| Laying | "as soon as may be after it is made", before each House while in session |
| Period | "a total period of thirty days", in one session or two or more successive sessions |
| Parliament's power | Before the expiry of the session immediately following, both Houses may agree to modify the rule, or agree that it should not be made |
| Result | The rule has effect "only in such modified form" or is "of no effect" |
| Saving | The modification or annulment is "without prejudice to the validity of anything previously done under that rule" |
The rule takes effect when made; Parliament's later action can alter it going forward. Both Houses must agree for a modification or annulment. The rules referred to are those made under section 159 (Central Government) and, on the wording "every rule made under this Act", the rules made by the High Court under section 158 as well. The text does not itself say whether High Court rules are within the words. See our article on sections 158 and 159.
Sections 161 and 163: omitted
Section 161, headed "Special provisions with respect to certain applications deemed to have been refused under Act 2 of 1911", is omitted with effect from 20 May 2003. Section 163, headed "Amendment of Act 43 of 1958", is omitted with effect from 1 January 2005. Neither has any present content.
Section 162: repeal of the 1911 Act and savings
Sub-section (1): repeal by amendment
"The Indian Patents and Designs Act, 1911, in so far as it relates to patents, is hereby repealed, that is to say, the said Act shall be amended in the manner specified in the Schedule."
The 1911 Act is repealed only "in so far as it relates to patents". The method is described as amendment: the Schedule amends the 1911 Act so that its patent parts are removed and it continues as an Act on designs. The Schedule is historic, and this article gives it one sentence: it removes references to inventions and patents from the 1911 Act and makes consequential changes such as redefining "Controller" and "patent office" by reference to the 1970 Act, as its first entries show. Sub-sections (2) and (3), omitted in 2003, are not in force.
Sub-section (4): General Clauses Act
"The mention of particular matters in this section shall not prejudice the general application of the General Clauses Act, 1897 (10 of 1987), with respect to repeals."
A drafting slip: the printed year of the Act number is "1987"; the Act cited is the General Clauses Act, 1897, whose Act number is 10 of 1897. So the particular matters mentioned in section 162 do not cut down the general rules on the effect of repeals.
Sub-section (5): pending suits and proceedings
"Notwithstanding anything contained in this Act, any suit for infringement of a patent or any proceeding for revocation of a patent, pending in any court at the commencement of this Act, may be continued and disposed of, as if this Act had not been passed."
| Item | What the text says |
|---|---|
| What | A suit for infringement of a patent, or a proceeding for revocation of a patent |
| Condition | Pending in any court at the commencement of the Act |
| Effect | May be continued and disposed of "as if this Act had not been passed" |
| Override | "Notwithstanding anything contained in this Act" |
The saving covers only suits and proceedings in a court. It does not mention applications pending before the Controller. The 1970 Act's commencement is dealt with in section 1; see our article on section 1. The text of section 162 does not state the date.
Illustration (invented)
Imagine a revocation proceeding in a court that was pending when the 1970 Act commenced. Under section 162(5), it may be continued and disposed of as if the 1970 Act had not been passed; the older law governs it. An infringement suit filed after commencement is governed by the 1970 Act, as it is not covered by the saving.
In a modern example, the Central Government makes a new rule under section 159. It must be laid before each House for a total of thirty days. If both Houses agree to modify it, it has effect only in modified form, but acts done under the earlier form of the rule stay valid.
What the sections do not say
- Section 160 does not say what happens if Parliament is not in session for thirty days.
- Section 162 does not list what the Schedule changed, beyond the Schedule itself.
- It does not say what happens to patents granted under the 1911 Act; the text of the section is silent on that.
- The saving in sub-section (5) does not cover proceedings before the Controller.
Need help with an older patent or a pre-1970 matter?
Questions about which law governs an old patent or a long-running proceeding need the dates and the documents. Our legal consultation team can review them and explain which provisions apply.
Key takeaways
- Every rule made under the Act is laid before each House of Parliament for a total of thirty days; both Houses may agree to modify or annul it, without prejudice to acts already done.
- The Indian Patents and Designs Act, 1911 is repealed in so far as it relates to patents, by amendments listed in the Schedule.
- The General Clauses Act, 1897 continues to apply to repeals; the printed Act number "10 of 1987" is a slip for 10 of 1897.
- Suits for infringement and revocation proceedings pending in any court at commencement may continue as if the 1970 Act had not been passed.
- Sections 161 and 163 are omitted, and sub-sections (2) and (3) of section 162 are omitted.
Read next
- Sections 158 and 159: High Court rule-making and Central Government rule-making power
- Section 1: short title, extent and commencement
- Introduction to the Patents Act, 1970: complete guide
- Key definitions under the Patents Act: invention, patent, patentee
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.