Rule 57 of the Patents Rules, 2003
Filing of written statement of opposition and evidence
Rule 57 requires the opponent to file a written statement and supporting evidence with the notice of opposition and serve a copy on the patentee.
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
A notice of opposition tells the office that a granted patent is being challenged. Rule 57 supplies the substance behind that notice. Along with the notice, the opponent must file a written statement and the evidence relied on, and must send a copy of both to the patentee. This single requirement shapes the whole proceeding, because the Opposition Board and the Controller will work from these documents.
The written statement has three jobs. First, it explains the nature of the opponent's interest, which is what qualifies the opponent to bring a post-grant opposition at all. Second, it states the facts relied on, ground by ground, using the grounds listed in section 25(2), such as prior publication, prior public knowledge or use in India, obviousness, that the subject matter is not an invention, insufficiency, wrong priority, failure to disclose foreign filing information under section 8, or failure to disclose the source of biological material. Third, it says what relief the opponent wants, usually revocation of the patent or amendment of the claims.
Evidence is what turns assertion into a case. In these proceedings evidence is given by affidavit, and documents are exhibited to the affidavit. If the opponent relies on a printed publication, the affidavit should establish what it says and when it became available to the public. If the opponent relies on prior use in India, it should exhibit dated invoices, drawings, purchase orders, delivery records or photographs, sworn by someone who can speak to them from personal knowledge.
There is one narrow situation where evidence may not be filed at this stage. If the opposition rests only on the record of the patent office file itself, for example on documents already in the prosecution history, the opponent may say so instead of filing separate evidence. Otherwise, filing a statement without evidence is a serious weakness, because further evidence later needs the Controller's leave under Rule 60 and is not granted as a matter of course. Getting the package right at the start is the single most important tactical decision in an Indian post-grant opposition.
Why this rule matters
Every opponent in a post-grant opposition, and the patentee who must answer the statement.
At the moment the notice of opposition is filed, within one year of publication of the grant.
An obligation to disclose the full case and evidence up front, and a right for the patentee to know exactly what is alleged.
An incomplete or unsupported statement can sink the opposition, because adding evidence later requires the Controller's permission.
How it works in practice
Proving prior use with paperwork, not memory
Vetri Agro Machines of Erode opposes a granted patent on a coconut dehusking mechanism, claiming it built and sold the same mechanism years before the priority date. Its first draft statement says simply that the machine was well known in the trade. The company's patent agent rewrites it. The final written statement sets out that Vetri Agro manufactures competing machinery, which establishes its interest, then takes each ground separately. For prior public use in India it exhibits three dated sale invoices, a stamped delivery challan, a workshop drawing with a revision date, and photographs of a machine installed at a customer's yard. The affidavit is sworn by the works manager who supervised the build and can speak from personal knowledge. For obviousness it exhibits a technical article with proof of its publication date. A copy of everything goes to the patentee with the notice. When the Opposition Board reads the file, the case is documentary rather than anecdotal, and it survives the patentee's challenge to its reliability.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- The written statement and evidence are filed together with the notice of opposition.
- A copy of both must be sent to the patentee.
- The statement must show the opponent's interest, the facts on each ground, and the relief sought.
- Evidence is given by affidavit, with documents exhibited to it.
- Where the opposition rests only on the patent office record, separate evidence may not be needed.
- Adding evidence later requires the Controller's leave under Rule 60, so front-load the case.
Common mistakes and misunderstandings
- Filing a statement full of argument but with no dated documents. The Board weighs proof, not adjectives.
- Leaving the opponent's interest vague. A statement that does not explain why the opponent qualifies invites a threshold objection.
- Assuming more evidence can be added freely later. Further evidence needs leave, and leave may come with conditions or costs.
- Serving the patentee late or not at all. The patentee's reply period runs from receipt of these documents, and defective service causes disputes.
- Swearing an affidavit through someone with no first-hand knowledge of the facts, which weakens the evidence badly.
Connected provisions
The Patents Rules supply procedure and the Patents Act supplies power. This page covers the procedure, and the sections that give the Controller or the applicant the underlying right or duty are grouped separately so you can move between the two.
Forms, deadlines and fees
Forms used under the Patents Rules are prescribed in the Second Schedule. They are revised when the Rules change, so download the current version from the Patent Office website rather than reusing a copy saved earlier.
- The written statement and evidence must be filed at the same time as the notice of opposition, which itself must be filed within one year of publication of the grant.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
This site does not carry a fee table. The First Schedule to the Patents Rules is the source, the rates vary with the applicant's category and with the mode of filing, and a figure quoted second-hand goes out of date quietly. 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 57
What must a written statement of opposition contain?
It should identify the patent, explain the nature of the opponent's interest, set out the grounds relied on from section 25(2) with the facts supporting each one, and state the relief sought, which is normally revocation of the patent or amendment of the claims. Deal with each ground under its own heading and link every factual claim to a specific exhibit in the evidence. A tight, well-organised statement is easier for the Opposition Board to follow and harder for the patentee to answer.
How is evidence filed in a patent opposition in India?
By affidavit. The affidavit is sworn by a person with direct knowledge of the facts, and the documents relied on are exhibited to it and properly marked. The Rules set out the form of affidavits and how exhibits are to be presented. Where a publication date matters, prove it, for example with a library record, a publisher's confirmation or a dated database entry. Unsworn photocopies attached to a covering letter carry very little weight.
Can I file the notice first and the evidence later?
That is not how the rule is designed. The statement and evidence go in with the notice so the patentee and the Opposition Board see the complete case at once. If something genuinely emerges afterwards, you must apply for leave under Rule 60 to file further evidence, explaining why it could not have been filed earlier. Leave is discretionary and may carry conditions as to costs, so plan the evidence before you file, not after.
Building the evidence for a patent opposition?
MYCrave Consultancy drafts written statements and affidavit evidence that hold up before the Opposition Board.
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.