Rule 58 of the Patents Rules, 2003
Filing of reply statement and evidence
Rule 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.
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
When a post-grant opposition is filed, the patentee has a decision to make and a short time in which to make it. Rule 58 requires a patentee who wants to contest the opposition to file a reply statement, fully setting out the grounds on which the opposition is resisted, together with the evidence relied on, and to deliver a copy to the opponent. The period is two months from the date the patentee receives the opponent's written statement and evidence.
The consequence of silence is unusually severe. If the patentee does not file a reply statement within the time allowed, the patent is treated as revoked. There is no separate hearing on the merits, and no second chance to explain the invention. This is very different from ordinary litigation, where a defendant who is slow can often be excused. It is the main reason why a patentee who receives a Form 7 notice should act immediately and not wait for the Opposition Board stage.
The reply statement is a positive document, not just a denial. It should answer each ground raised by the opponent, explain why the cited documents do not disclose or suggest the claimed invention, address the sufficiency of the specification if that is challenged, and deal with any allegation about section 8 information or wrongly claimed priority. The patentee's evidence follows the same rules as the opponent's: affidavits sworn by people with real knowledge, with documents exhibited and dates proved.
This is also the natural moment to think about amendment. A patentee who sees that the broadest claims are vulnerable may consider narrowing them, because the Controller has power to maintain a patent in amended form at the end of the opposition. Amendment during opposition follows the amendment provisions of the Act, which do not allow the claims to be widened or new matter to be added. Deciding early whether to defend the claims as granted or offer a narrower position usually produces a better outcome than doing so reluctantly at the hearing.
Why this rule matters
Every patentee whose granted Indian patent is opposed under section 25(2), and the opponent waiting for the reply.
In the two months after the opponent's written statement and evidence are received.
A right for the patentee to answer the case, and a strict duty to do so in time.
If no reply statement is filed within the period, the patent is deemed revoked, and years of investment are lost without a hearing.
How it works in practice
A missed reply almost costs a patent
Zaheer Sayyed holds a granted patent on a water filtration cartridge and licenses it to a Nashik manufacturer. A notice of opposition arrives at his listed address for service while he is travelling abroad for three months. His agent, who is on the record, receives the papers and immediately writes to him, but the reply is delayed while Zaheer collects laboratory records from a former colleague. With three weeks left, the agent files the reply statement answering each ground and exhibiting test data, and delivers a copy to the opponent, adding the remaining laboratory records as soon as they arrive. The opposition then proceeds normally. Zaheer later learns from his agent that had nothing been filed within the two months, the patent would have been treated as revoked without any hearing on whether the invention was actually new. He changes his practice, keeps his address for service current and asks his agent to alert him to any patent office communication within twenty-four hours.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- A patentee who wishes to contest must file a reply statement and evidence.
- The period is two months from receipt of the opponent's statement and evidence.
- A copy must be delivered to the opponent.
- If no reply statement is filed in time, the patent is deemed revoked.
- The reply should answer every ground raised, not just the strongest one.
- Opposition is often the right moment to consider narrowing the claims by amendment.
Common mistakes and misunderstandings
- Waiting for the Opposition Board or the hearing before doing serious work. By then the reply period has passed.
- Filing a short denial without evidence. Technical grounds such as obviousness usually need affidavit support and test data.
- Letting the address for service go stale, so that opposition papers reach an old address and weeks are lost.
- Believing the patent survives automatically if the patentee stays silent. Silence leads to deemed revocation.
- Proposing amendments that broaden the claims or add new matter, which the Act does not permit.
Connected provisions
Because this page covers a rule rather than a section, the related Act provisions are shown in their own list. The section tells you what the law requires. The rule, explained above, tells you how the Patent Office expects that requirement to be met.
Forms, deadlines and fees
Prescribed forms sit in the Second Schedule to the Patents Rules. The Schedule is updated along with the Rules, so the safe practice is to download the form on the day you prepare it and check that it is the current version.
- The patentee must file the reply statement and evidence within two months from the date of receipt of the opponent's written statement and evidence.
- Failure to file the reply statement within that period results in the patent being deemed revoked.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
Any official fee connected with this provision is fixed by the First Schedule to the Patents Rules, not by the provision itself. The amount depends on who the applicant is and on whether the filing is made online or on paper, so no figures are reproduced here. 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 58
What happens if a patentee does not reply to a post-grant opposition?
The patent is deemed revoked. Rule 58 treats the absence of a reply statement within the allowed period as a decision not to contest, and the proceeding ends without any consideration of whether the invention was novel or inventive. This is one of the harshest outcomes in Indian patent procedure. Any patentee who receives a notice of opposition should instruct an agent at once, confirm the exact date the papers were received, and diarise the reply date the same day.
How long does a patentee get to reply to an opposition?
Two months from receiving the opponent's written statement and evidence. The Patents Rules contain a general power to extend certain periods on request with the prescribed fee, but the safe assumption is that the two months will be enforced strictly, because the consequence of failure is deemed revocation. If more time is genuinely needed, apply before the period expires with clear reasons rather than filing late and hoping for indulgence.
Can a patentee amend the claims during opposition?
Yes. The Controller may maintain a patent in amended form at the end of an opposition, and amendments are governed by the amendment provisions of the Act. Those provisions allow correction, disclaimer, explanation and limitation, but the amended claims must stay within the scope of the claims as granted and cannot add new matter. Offering a narrowed claim early, with a clear explanation of why it is supported by the specification, is often the most effective defence.
Does the patentee have to answer every ground raised?
It is strongly advisable. The Opposition Board reports on each ground separately, and an unanswered ground looks conceded. Even where a ground appears weak, a short and clear response costs little and prevents the Board from recording that the point went unchallenged. Structure the reply statement to mirror the opponent's headings so that each allegation and its answer sit side by side, and cross-refer to the exhibit that supports each factual reply.
Your patent has been opposed. Two months is short.
MYCrave Consultancy prepares reply statements and evidence quickly, and advises on claim amendments that protect value.
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.