Rule 123 of the Patents Rules, 2003
Manner of advertisement of the proposed correction of any error
Describes how a proposed correction is advertised so that the public gets notice before it is allowed.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
This is a simplified explanation. Where it differs from the official text of the provision, or from an applicable Gazette notification, the official text and the notification prevail.
What this rule requires, step by step
Not every clerical correction can be made quietly between the applicant and the office. Once an application has been published or a patent has been granted, the document belongs to the public record, and other people may have read it and acted on what it said. Section 78 therefore lets the Controller require notice of the nature of a proposed correction to be advertised. Rule 123 explains how that advertisement is done.
The notice appears in the Official Journal of the Patent Office, which is the official publication under section 145 and the same place where publications, grants and other patent events are announced. It sets out enough about the proposed correction for a reader to understand what is being changed, identifying the application or patent and describing the nature of the change. The Controller can also direct that the notice be given in any further manner he considers appropriate for the particular case.
The purpose is fairness rather than formality. Suppose a competitor has read a published specification, formed a view about its scope, and made business decisions on that basis. If the applicant now proposes a change to that document, the competitor is entitled to know and, if the change goes beyond a slip, to object. Advertisement is what turns the correction process from a private request into an open one.
Advertisement is also what starts the clock for opposition. Once the notice appears, any person interested may give notice of opposition to the proposed correction under Rule 124, within the period the Rules allow, counted from the date the notice is published. If nobody opposes, the Controller decides on the material before him, and an allowed correction is then notified under Rule 125.
For an applicant, the practical consequence is that a correction sought after publication should be prepared as if it will be read by a competitor, because it may well be. Keep the proposed change narrow, explain the slip plainly, and avoid packaging several unrelated changes into a single request.
Why this rule matters
Applicants and patentees seeking corrections after publication, and competitors monitoring the Official Journal.
After the Controller decides that a proposed correction should be made known before it is allowed.
A public notice requirement that gives interested persons the chance to see and challenge a proposed correction.
A correction made without required notice would be open to challenge, and an unwatched Journal means missed opportunities to object.
How it works in practice
A notice spotted in the Journal
Neelkanth Pharmaceuticals Pvt Ltd holds a granted process patent for a crystallisation step. The company found that a temperature range in one worked example had been recorded as 40 to 50 degrees where the laboratory record clearly said 40 to 60, and applied to have the figure corrected as a clerical error. Because the patent was granted and published, the Controller required the proposed correction to be advertised, and a notice appeared in the Official Journal describing the patent and the nature of the proposed change. A generic manufacturer in Ahmedabad monitors the Journal weekly. Its adviser saw the notice, pulled the published specification, and considered whether the change would affect the scope of the claims or merely the example. Concluding that it touched only a worked example and matched the surrounding disclosure, the manufacturer did not oppose. The correction went through, and both sides knew exactly what had changed and when.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- Rule 123 governs the advertisement of a proposed correction under section 78.
- The notice is published in the Official Journal of the Patent Office.
- It describes the nature of the proposed correction and identifies the application or patent.
- The Controller may direct further publicity where a case warrants it.
- Advertisement gives interested persons the information they need to oppose under Rule 124.
- Monitoring the Journal is how competitors learn that a public document is about to change.
Common mistakes and misunderstandings
- Assuming every correction is advertised. Advertisement is required where the Controller so directs, typically for documents already in the public domain.
- Believing advertisement means the correction has been allowed. It is notice of a proposal, not a decision.
- Ignoring the Official Journal and then complaining later that a competitor's document was corrected without your knowledge.
Connected provisions
Rules are made under the Act, not alongside it. That is why the connected sections appear in a block of their own. Reading the section tells you why the procedure exists, and reading the rule tells you the steps, forms and periods that put it into effect.
Forms, deadlines and fees
- Publication of the notice starts the period within which an interested person may oppose the proposed correction under Rule 124.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
We do not publish fee amounts. The First Schedule sets them, and they differ by category of applicant, such as a natural person, a startup, a small entity or another applicant, and by the mode of filing. Check the Schedule currently in force before you calculate anything. How Indian patent fees work.
Related judgments
Court decisions shape how this provision is applied, but a summary is useful only if it is right. Every case note on this site is read by a legal reviewer before it goes live, and none has been completed for this provision so far. This section will fill in as those reviews finish. How case notes are prepared.
Questions people ask about Rule 123
Where is a proposed patent correction advertised in India?
In the Official Journal of the Patent Office, the publication maintained under section 145 in which patent applications, grants and other events are announced. The notice identifies the application or patent and describes the nature of the proposed correction, so a reader can see what is being changed. The Controller may also direct additional publicity if a particular case calls for it. The Journal is published regularly and is available through the Patent Office website, which is why competitors and their advisers monitor it as a routine task.
Is every clerical correction advertised?
No. Advertisement is required where the Controller directs it, and that generally happens where the document has already reached the public, for example after publication of the application or after grant. A slip corrected at an early stage, before anyone outside the office has seen the document, will usually not need advertising because there is no third party who could have relied on the incorrect version. The Controller decides, taking into account whether the change could affect anyone else.
What should I do if I see a correction notice affecting a patent I care about?
Pull the published document and compare it with what is proposed. Ask whether the change is really a slip or whether it shifts the scope of the claims or adds something not originally disclosed. If it looks like the latter, you may oppose the correction under Rule 124 within the period allowed from the date of the notice. Act promptly, because that period runs from publication of the notice and is not extended simply because you were not watching the Journal.
Watching a correction notice in the Official Journal?
MYCrave Consultancy monitors journal notices and advises whether a proposed correction crosses the line into a substantive change.
You will be speaking with MYCrave Consultancy & Services, the firm that operates this platform. General questions are answered free; matter‑specific work is quoted before anything is done.