Patents Rules · Chapter VI
Opposition Proceedings to Grant of Patents
Chapter VI of the Patents Rules, 2003 contains 19 rules, of which 2 have been omitted. Each one has its own page with a plain-language explanation, a worked Indian example, the forms and deadlines it touches, and the sections it connects to.
19
Rules in this chapter
17
In force
2
Omitted
55–70A
Rule numbers
- 55Opposition to the patentRule 55 sets out how a pre-grant representation opposing a patent application is filed, tested for merit and decided by the Controller.
- 55AFiling of notice of oppositionRule 55A fixes how a post-grant opposition starts: a notice of opposition in the prescribed form, filed within the statutory one-year window.
- 56Constitution of Opposition Board and its proceedingsRule 56 provides for the Opposition Board of examiners that studies a post-grant opposition and gives the Controller a reasoned recommendation.
- 57Filing of written statement of opposition and evidenceRule 57 requires the opponent to file a written statement and supporting evidence with the notice of opposition and serve a copy on the patentee.
- 58Filing of reply statement and evidenceRule 58 gives the patentee two months to file a reply statement and evidence contesting a post-grant opposition, failing which the patent is deemed revoked.
- 59Filing of reply evidence by opponentRule 59 lets the opponent file reply evidence within one month, strictly limited to answering matters raised in the patentee's evidence.
- 60Further evidence to be left with the leave of the ControllerRule 60 bars either side from adding evidence to an opposition after the fixed rounds, unless the Controller grants leave on his own terms.
- 61Copies of documents to be suppliedRule 61 requires documents relied on in an opposition to be supplied in authenticated copies, with English translations where needed.
- 62HearingRule 62 governs the opposition hearing: ten days notice, notice of intention to attend, advance notice of new publications, and the decision.
- 63Determination of costsRule 63 lets the Controller decide who pays costs in an opposition, especially where the opponent does not carry the opposition through.
- 63ARequest made under section 26(1)Rule 63A prescribes the form and manner for asking the Controller to treat a wrongfully obtained patent as the opponent's under section 26(1).
- 64Omitted OmittedRule 64 was part of the original opposition procedure in the Patents Rules and was removed when opposition was redesigned after the 2005 amendments.
- 65Omitted OmittedThis rule number in the opposition chapter of the Patents Rules now stands omitted and carries no procedure of its own.
- 66Form of making a request under section 28(2)Sets out how an applicant or patentee formally asks the Controller to record a named person as an inventor in a patent.
- 67Form of making a claim under section 28(3)Gives a person who believes they invented something the way to claim, in their own name, to be mentioned as an inventor.
- 68Form of application to be made under section 28(7)Explains how an application is made to have a wrongly recorded mention of a person as inventor corrected or removed.
- 69Procedure for the hearing of a claim or an application under section 28Lays down the fair hearing procedure the Controller follows before deciding any contested question about who is named as inventor.
- 70Mention of inventorSays where and how the name of an inventor, once the Controller has directed it, actually appears in the patent and the records.
- 70ACertificate of inventorshipAllows an inventor named on a granted Indian patent to obtain an official certificate of inventorship from the Patent Office.