Rule 62 of the Patents Rules, 2003
Hearing
Rule 62 governs the opposition hearing: ten days notice, notice of intention to attend, advance notice of new publications, and the decision.
Official legal text
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What this rule requires, step by step
Once the evidence rounds are complete and the Opposition Board has sent in its recommendation, the opposition moves to a hearing. Rule 62 sets the ground rules. The Controller fixes a date and time and gives the parties notice, and the notice must be at least ten days before the hearing, although a shorter period can be agreed. Each party that intends to appear must tell the Controller in advance, with the fee prescribed in the First Schedule. A party that does not give that notice may find the Controller declines to hear it.
There is also a rule about surprises. If a party wants to rely at the hearing on a publication that has not already been mentioned in the notice, statement or evidence, it must give the other party and the Controller advance notice of at least five days, with details of the publication. This preserves the closed record created by the earlier rules while allowing a genuinely new document to be raised in a controlled way, and it should not be confused with permission to file fresh evidence, which needs leave under Rule 60.
Fairness at the hearing also means both sides knowing what the Opposition Board has said. The recommendation is a technical assessment that carries weight with the Controller, and the parties should have it before they argue. Where it has not been supplied, ask for it in writing and, if necessary, ask for a short adjournment so it can be dealt with properly. An adjournment request is made under the general adjournment rule, which limits how often adjournments may be sought.
After hearing the parties and considering the recommendation together with the whole record, the Controller decides the opposition and notifies the parties of the decision with reasons. The possible outcomes are that the patent is maintained, that it is maintained in amended form, or that it is revoked. Costs may also be dealt with. A party dissatisfied with a decision in a post-grant opposition has a statutory right of appeal to the High Court, and since the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board those appeals go to the High Court rather than to a tribunal.
A hearing before the Controller is not a full trial. There is usually no cross-examination in the ordinary course, and the argument works from the affidavits and documents. That is why the quality of the written material decides most oppositions, and why hearing preparation is mainly about organising the record, agreeing what the real issues are, and being ready to offer a narrowed claim if the broadest one is in danger.
Why this rule matters
Both parties in a post-grant opposition and their patent agents or advocates.
After the evidence closes and the Opposition Board reports, at the final stage before the decision.
A right to be heard before the patent is maintained, amended or revoked, and duties to give notice of attendance and of any new publication.
A party that fails to give notice of intention to attend risks not being heard, and a decision may be made without its argument.
How it works in practice
Ten days that decided the strategy
Rukmini Devi holds a patent on a solar dryer for turmeric. Her patent is opposed by a Salem equipment maker. Evidence closes, and the Controller issues notice of hearing three weeks ahead. Both sides file their notice of intention to attend with the prescribed fee. Rukmini's agent receives the Opposition Board's recommendation, which accepts that the main claim is obvious over a combination of two documents but finds the dependent claim covering the staggered tray arrangement inventive. The agent uses the notice period to prepare an amendment limiting the independent claim to that arrangement, with a note showing exactly where the specification supports it. Two days before the hearing the opponent gives the required advance notice that it will refer to a college project report published earlier. Because notice was given, Rukmini's agent has time to check its date and prepare a reply. At the hearing the Controller maintains the patent in amended form, and the narrowed claim still covers the machines Rukmini actually sells.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- The Controller fixes the hearing after evidence closes and the Opposition Board reports.
- Notice of hearing is at least ten days unless the parties agree to a shorter period.
- A party intending to appear must give notice with the fee prescribed in the First Schedule.
- Reliance on a publication not already on record needs at least five days advance notice to the other side.
- The Board's recommendation should be available to the parties before they argue.
- The Controller may maintain the patent, maintain it in amended form, or revoke it, and may award costs.
- An appeal from a post-grant opposition decision lies to the High Court.
Common mistakes and misunderstandings
- Not filing the notice of intention to attend. Without it the Controller may proceed without hearing you.
- Turning up with a new document and no advance notice, when at least five days notice of a new publication is required.
- Confusing advance notice of a publication with permission to file new evidence, which needs leave under Rule 60.
- Arguing every ground equally. Focus on the grounds the Opposition Board found substantial and deal briefly with the rest.
- Leaving any thought of claim amendment until the Controller signals that the main claim will fall.
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
- The Controller gives at least ten days notice of the hearing, unless the parties agree to a shorter period.
- Notice of intention to attend the hearing must be given in advance with the prescribed fee.
- A party relying on a publication not already on record must give the other party and the Controller at least five days notice.
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 summaries are published only after a qualified reviewer has checked the judgment, the citation and the way the holding is described. Nothing has cleared that review for this provision yet, so nothing is listed here. We would rather show no case note than one that misstates what a court decided. How case notes are prepared.
Questions people ask about Rule 62
How much notice do I get before a patent opposition hearing?
At least ten days, unless the parties agree to accept shorter notice. The notice fixes the date and time and is sent to both parties. Use the period to file your notice of intention to attend with the prescribed fee, to check that you have the Opposition Board's recommendation, to settle which grounds you will press, and to prepare any proposed claim amendment. If you have a genuine difficulty with the date, apply promptly rather than waiting, as adjournments are limited.
Can I raise a new document at the opposition hearing?
You may refer to a publication that was not previously mentioned only if you give the other party and the Controller advance notice of at least five days, with details of the publication. That is a narrow allowance for reference at the hearing. If you actually want to file fresh evidence, such as an affidavit exhibiting the document, you need the Controller's leave under Rule 60, and the application should explain why the material is late.
What can the Controller decide at the end of an opposition?
The Controller may maintain the patent as granted, maintain it in amended form where the patentee has offered acceptable amendments, or revoke the patent. The decision must give reasons on the grounds raised, taking the Opposition Board's recommendation into account. Costs may also be determined. The parties are notified of the decision, and it is entered in the records of the Patent Office so that the register reflects the current state of the patent.
Can I appeal against a post-grant opposition decision?
Yes. A decision of the Controller in a post-grant opposition is appealable, and appeals now lie to the High Court. Until 2021 they went to the Intellectual Property Appellate Board, but the Tribunals Reforms Act, 2021 abolished that body and transferred its work to the High Courts. Appeal periods are short and are calculated from the date of the decision, so if you may appeal, instruct counsel as soon as the order arrives rather than after studying it at leisure.
An opposition hearing has been fixed. Are you ready?
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