Rule 124 of the Patents Rules, 2003
Manner and time of opposition to the making of corrections
Sets out how and when an interested person can oppose a correction that has been advertised.
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.
Treat this page as a guide. The provision as officially published, along with the Gazette notifications that apply to it, remains the governing text and overrides any simplification here.
What this rule requires, step by step
When a proposed correction is advertised under Rule 123, the point of the advertisement is to let others react. Rule 124 provides the reaction mechanism. A person interested in the application or patent may give notice of opposition to the making of the correction, and the rule fixes the form the notice takes and the period within which it must reach the Controller.
The notice of opposition goes to the Controller on the prescribed form with the fee in the First Schedule, and a copy is sent to the person who asked for the correction. It must set out the grounds. A bare statement that the opponent objects is of no use. The grounds normally argued are that the change is not a clerical error at all but a change of substance, that it would extend the scope of the claims, that it introduces matter not disclosed in the document as filed, or that the applicant is trying to cure a defect that ought to be dealt with as an amendment under section 57 with its safeguards in section 59.
The period runs from the date the notice of the proposed correction is published, not from the date the opponent happened to see it. This is a real trap for parties who do not monitor the Official Journal. Because the period has been the subject of amendment over the years, it should be confirmed against the current text of Rule 124 rather than assumed, and any request for more time under Rule 138 should be made before the period ends.
Once opposition is filed, the matter becomes contested. The Controller gives both sides a chance to be heard before deciding, consistent with section 80 and Rule 129, and the ordinary machinery for evidence by affidavit under section 79 and Rules 126 and 127 applies where evidence is needed. The Controller may allow the correction, refuse it, or allow it in a modified form.
For the party seeking the correction, the existence of Rule 124 is a reason to keep the request modest and clearly explained. A correction that plainly looks like a slip rarely attracts opposition. One that quietly improves the patentee's position invites it.
Why this rule matters
Competitors, licensees, prospective infringers and anyone whose position depends on the wording of a published patent document.
Immediately after a proposed correction is advertised in the Official Journal.
A right in an interested person to challenge a proposed correction and be heard before it is allowed.
The correction is likely to be allowed unopposed, and the changed document becomes the version relied on afterwards.
How it works in practice
An objection that changed the outcome
Marut Aerospace Components Pvt Ltd read a journal notice proposing a correction to a granted patent held by a competitor in the drone motor field. The proposal described the change as correcting a typographical slip in a claim, replacing the words fixed to with coupled to. Tanvi Deshpande, who advises Marut, compared the granted claim with the specification as filed and concluded that the change was not a slip. Coupled to would cover indirect connections through a gear train, which was how Marut's own product worked, whereas fixed to would not. Marut filed a notice of opposition to the correction within the period allowed from the date of the notice, setting out the grounds, serving a copy on the patentee, and supporting the objection with an affidavit comparing the specification as filed with the proposed text. After hearing both sides, the Controller held that the change went beyond a clerical error and refused it. The patentee was left to consider whether an amendment under section 57 was open at all.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- Rule 124 lets a person interested oppose a correction that has been advertised.
- The notice of opposition is filed on the prescribed form with the fee, and a copy goes to the person seeking the correction.
- Grounds must be stated; the strongest is usually that the change is substantive and not a slip.
- Time runs from the date of publication of the advertisement, not from when the opponent noticed it.
- The Controller hears both sides before allowing, refusing or modifying the correction.
- Evidence, where needed, is given by affidavit under the usual rules.
Common mistakes and misunderstandings
- Waiting to see whether the correction is allowed before deciding to object. The window runs from the advertisement.
- Filing a notice that simply objects without stating grounds, which gives the Controller nothing to act on.
- Assuming that opposing the correction also challenges the validity of the patent. Revocation and post-grant opposition are separate routes.
- Overlooking that a copy of the notice has to be served on the party who asked for the correction.
Connected provisions
The link between a rule and its section matters in practice, because an argument about whether a procedure is valid usually starts with the parent provision. The connected sections are listed here, apart from the explanation, so the chain of authority is easy to follow.
Forms, deadlines and fees
Any form mentioned here is prescribed by the Second Schedule. Amendments to the Rules often bring new versions of forms with them, so use the version currently published by the Patent Office, not a template from a book or an old file.
- Notice of opposition must be filed within the period fixed by Rule 124, counted from the date the proposed correction is advertised. Confirm the exact period against the current Rules.
- Any request for more time under Rule 138 should be made before that period expires.
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
Case law is added slowly and deliberately. A summary is drafted, checked against the reported judgment and then reviewed before publication, because a wrong case note can mislead a reader badly. No summary for this provision has reached publication yet. How case notes are prepared.
Questions people ask about Rule 124
Who can oppose a proposed correction to a patent?
A person interested, meaning someone with a real stake in the patent or application rather than a stranger. Competitors in the same technical field, licensees, manufacturers whose products may fall within or outside the claims depending on the wording, and research organisations working in the area are typical examples. You should be ready to explain your interest in the notice itself. The threshold is not high, but an opposition from someone with no connection to the subject matter is easily attacked.
What are the usual grounds for opposing a correction?
That the change is not a clerical error but a change of substance; that it would broaden the claims; that it introduces matter not present in the document as filed; or that the applicant is attempting to bypass the amendment route in section 57, which carries the restrictions in section 59. Support the grounds with a comparison between the document as filed, the document as published or granted, and the correction proposed. That side-by-side comparison is usually the most persuasive material you can put in.
How long do I have to oppose after the notice appears?
The Rules fix a specific window that starts on the date the proposed correction is advertised in the Official Journal, and it is not extended merely because you were unaware of the notice. Because this period has been amended over the years, confirm it against the current text of Rule 124 before you plan around it. If you need more time to prepare, consider a request under Rule 138, which allows an extension of up to six months in the cases it covers, and make that request before the period runs out.
Want to oppose a correction to a competitor's patent?
MYCrave Consultancy prepares oppositions to proposed corrections, including the comparison evidence the Controller expects.
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