Every rule of the Patents Rules, 2003
The Patents Rules, 2003 are the working manual under the Act. They prescribe the forms, the fees, the time limits and the step-by-step procedure the Patent Office follows. Every rule below has its own page explaining who must do what, by when, on which form, and what happens if the step is missed.
An Act section is not a Rule. Sections create rights, duties and powers. Rules prescribe the form, the fee and the deadline. We never merge the two on one page. Where a section and a rule work together, each page links to the other in a clearly separate box.
CH I PreliminaryRules 1–9 · 9
CH II Application for PatentsRules 10–16 · 7
CH III International Applications under the Patent Cooperation Treaty (PCT)Rules 17–23 · 21
- 17Definitions
- 18Appropriate office in relation to international applications
- 19International applications filed with appropriate office as receiving office
- 19AIndian International Searching Authority
- 19BInternational search report
- 19CTime limit for establishing international search report
- 19DTransmittal of the international search report and written opinion
- 19EConfidential treatment
- 19FIndian International Preliminary Examining Authority
- 19GPeriod for making a demand
- 19HFees payable to Examining Authority
- 19IManner of making a demand
- 19JProcessing of demands for international preliminary examination
- 19KInternational preliminary examination report
- 19LPeriod for establishing international preliminary examination report and its transmission
- 19MTransmittal of the international preliminary examination report
- 19NConditions for and extent of refund
- 20International applications designating or designating and electing India
- 21Filing of priority document
- 22Effect of non-compliance with certain requirements
- 23The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty
CH IV Publication and Examination of ApplicationsRules 24–38 · 20
- 24Publication of application
- 24ARequest for publication
- 24BExamination of application
- 24CExpedited examination of applications
- 25Identification of published applications
- 26Request for withdrawal
- 27Inspection and supply of published documents
- 28Procedure in case of anticipation by prior publication
- 28AProcedure in relation to consideration of report of examiner under section 14
- 29Procedure in case of anticipation by prior claiming
- 29AGrace period
- 30Amendment of the complete specification in case of anticipation
- 31Form of reference to another specification
- 32Procedure in case of potential infringement
- 33Form of reference to another patent
- 34Manner in which a claim under section 20(1) shall be made
- 35Manner in which a request may be made under section 20(4)
- 36Manner of application under section 20(5)
- 37Numbering of applications on the grant of patent
- 38Omitted Omitted
CH V Exclusive Marketing Rights (Omitted)Rules 39–54 · 16
CH VI Opposition Proceedings to Grant of PatentsRules 55–70A · 19
- 55Opposition to the patent
- 55AFiling of notice of opposition
- 56Constitution of Opposition Board and its proceedings
- 57Filing of written statement of opposition and evidence
- 58Filing of reply statement and evidence
- 59Filing of reply evidence by opponent
- 60Further evidence to be left with the leave of the Controller
- 61Copies of documents to be supplied
- 62Hearing
- 63Determination of costs
- 63ARequest made under section 26(1)
- 64Omitted Omitted
- 65Omitted Omitted
- 66Form of making a request under section 28(2)
- 67Form of making a claim under section 28(3)
- 68Form of application to be made under section 28(7)
- 69Procedure for the hearing of a claim or an application under section 28
- 70Mention of inventor
- 70ACertificate of inventorship
CH VII Secrecy DirectionsRules 71–73 · 3
CH VIII Grant of PatentsRules 74–80 · 8
- 74Form of patent
- 74AInspection of documents related to grant of patent
- 75Amendment of patent under section 44
- 76Manner of applying for direction under section 51(1)
- 77Manner of application under section 51(2)
- 78Procedure for the hearing of proceedings under section 51
- 79Request under section 52(2)
- 80Renewal fees under section 53
CH IX Amendment of Application, Specification or any Document Relating TheretoRules 81–83 · 3
CH X Restoration of PatentsRules 84–86 · 3
CH XI Surrender of PatentsRules 87 · 1
CH XII Register of PatentsRules 88–95 · 8
- 88Register of patents under section 67
- 89Omitted Omitted
- 90Registration of title and interest in patents
- 91Presentation of assignment, etc., of patent to Controller
- 92Registration of title or interest in a patent
- 93Entry of renewal fee
- 94Alteration of address
- 95Inspection of register of patents under section 72 and fees payable therefor
CH XIII Compulsory Licence and Revocation of PatentRules 96–102 · 7
- 96Application for compulsory licence, etc.
- 97When a prima facie case is not made out
- 98Notice of opposition under section 87(2)
- 99Manner of publication of the revocation order
- 100Application under section 88(4)
- 101Procedure to be followed in case of applications under section 88(4)
- 102Application for termination of compulsory licence under section 94
CH XIV Scientific AdvisersRules 103–107 · 6
- 103Roll of scientific advisers
- 103ADisqualifications for inclusion in the roll of scientific advisers
- 104Manner of application for inclusion in the roll of scientific advisers
- 105Inclusion of the name of any other person in the roll of scientific advisers
- 106Power to relax
- 107Removal of names from the roll of scientific advisers
CH XV Patent AgentsRules 108–120 · 14
- 108Particulars to be contained in the register of patent agents
- 109Application for registration of patent agents
- 110Particulars of the qualifying examination for patent agents
- 111Registration of patent agents
- 111AIssue of duplicate certificate of patent agents
- 112Details to be included in an application for the registration of a patent agent
- 113Registration of patent agents under section 126(2)
- 114Disqualifications for registration as a patent agent
- 115Payment of fees
- 116Removal of a name from the register of patent agents
- 117Restoration of name of persons removed from the register of patent agents
- 118Alteration of names, etc., in the register of patent agents
- 119Refusal to recognise as patent agent
- 120Publication of the names of patent agents registered under the Act
CH XVI MiscellaneousRules 121–139 · 21
- 121Period within which copies of specification, etc., are to be filed
- 121AAddress of communications
- 122Correction of clerical errors
- 123Manner of advertisement of the proposed correction of any error
- 124Manner and time of opposition to the making of corrections
- 125Notification of corrections
- 126Form, etc., of affidavits
- 127Exhibits
- 128Directions not otherwise prescribed
- 129Exercise of discretionary power by the Controller
- 129AAdjournment of hearing
- 130Application for review of decisions or setting aside of orders of the Controller
- 131Form and manner in which statements required under section 146(2) to be furnished
- 132Form of application for the issue of a duplicate patent
- 133Supply of certified copies and certificates under sections 72 and 147
- 134Request for information under section 153
- 135Agency
- 136Scale of costs
- 137Powers of Controller generally
- 138Power to extend time specified or condone delay
- 139Hearing before the Controller to be in public in certain cases
Inserted rules such as 19A–19N, 24B, 24C, 29A, 55A and 70A keep their official numbering. Omitted rules are shown greyed out and still have a page, because older records cite them.
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Examination of application
Sets the deadline for requesting examination and the timetable for answering the first examination report before an application can be granted.
Rule 55Opposition to the patent
Rule 55 sets out how a pre-grant representation opposing a patent application is filed, tested for merit and decided by the Controller.
Rule 138Power to extend time specified or condone delay
Rule 138 lets the Controller extend a time prescribed by the Rules, or condone a delay, on a timely request in Form 4.
Rule 131Form and manner in which statements required under section 146(2) to be furnished
Rule 131 sets out the form, timing and manner for telling the Patent Office how a granted patent is being worked in India.
Rule 71Permission for making patent application outside India under section 39
Sets out how a person resident in India asks the Controller for written permission before filing a patent application abroad.
Rule 24CExpedited examination of applications
Allows qualifying applicants to move ahead of the normal examination queue by filing a request for expedited examination.
Rule 80Renewal fees under section 53
Governs when and how the annual renewal fees that keep an Indian patent in force are paid to the Patent Office.
Rule 12Statement and undertaking regarding foreign applications
Rule 12 sets the form and timing for the statement and undertaking about corresponding patent applications filed outside India.
Rule 13Specifications
Rule 13 sets out how specifications must be presented, including the form to use, drawings, numbering and treatment of international applications.
Rule 129AAdjournment of hearing
Controls when a hearing before the Controller can be adjourned and puts firm limits on how often and for how long.
Rule 7Fees
Rule 7 makes the First Schedule the single source of patent fees and sets out who pays which category and how payment is made.
Rule 135Agency
Rule 135 governs how an agent is authorised to act for an applicant or patentee, and when that authorisation must reach the Patent Office.
Looking for the underlying right instead?
This index covers the Rules. The rights, duties and powers they implement live in the Patents Act, 1970.