Chapter VIII - Evidence, Etc.
Section 39
Section 39: Patent-office documents as evidence
Section 39 permits certified and sealed patent-office copies or extracts to be admitted as evidence without routinely producing the originals. It preserves a court's ability to demand more where accuracy or authenticity is in doubt.
On this page
Need advice on Section 39?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Printed or written copies or extracts, purporting to be certified by the Controller and sealed with the seal of the patent office, of documents in the patent office, and of or from registers and other books kept there, shall be admitted in evidence in all courts in India, and in all proceedings, without further proof or production of the originals:
Provided that a court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary.
Rule and business relevance
The provision covers copies or extracts of documents, registers and other books kept in the patent office which purport to be certified by the Controller and sealed with the office seal. Such material is admissible in courts and proceedings in India without further proof or production of originals on that basis.
Limits and related provisions
An ordinary screenshot or privately prepared transcript should not be labelled the certified and sealed copy described here. The proviso allows a court with reason to doubt accuracy or authenticity to require the original or further proof. Admissibility also does not determine every substantive issue in the case.
Hypothetical business example
Hypothetical: a litigant obtains a certified and sealed register extract for court. When an apparent discrepancy arises, the court can require the original or further proof; Section 39 is not used to prevent that scrutiny.
Practical decision flow
Identify the patent-office document or register entry needed for the proceeding.
Obtain the appropriate Controller-certified and sealed copy or extract.
Check its completeness and be ready to supply originals or further proof if the court directs under the proviso.
Practical checklist
Do
- Identify the patent-office document or register entry needed for the proceeding.
- Obtain the appropriate Controller-certified and sealed copy or extract.
- Check its completeness and be ready to supply originals or further proof if the court directs under the proviso.
Avoid
- An ordinary screenshot or privately prepared transcript should not be labelled the certified and sealed copy described here. The proviso allows a court with reason to doubt accuracy or authenticity to require the original or further proof. Admissibility also does not determine every substantive issue in the case.
Glossary
- Certified extract
- An officially certified portion of the relevant office record.
- Authenticity
- Whether the document is genuinely what it purports to be.
Frequently asked questions
Are originals always required?
No. The described certified and sealed copies or extracts are admitted without further proof or originals, subject to the proviso.
Can the court still ask for the original?
Yes, if it has reason to doubt accuracy or authenticity.
Does every online printout meet Section 39?
Do not assume so. The statutory certification and seal requirements must be considered.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026