Rule 98 of the Patents Rules, 2003
Notice of opposition under section 87(2)
Sets out how a patentee or other interested person opposes a published compulsory licence application by filing a notice of opposition.
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
Once the Controller finds a prima facie case and the compulsory licence application is published under section 87, the patentee and other interested persons get their turn. Rule 98 governs that step. A notice of opposition under section 87(2) is given on Form 14, sent to the Controller within the period the Rules fix from the date of publication, with a copy delivered to the applicant.
The notice must do more than register objection. It has to contain a statement setting out the grounds on which the application is opposed. Where the opponent is willing to grant a licence rather than have one imposed, the notice should also set out the terms and conditions on which it is prepared to do so. That option matters commercially, because a patentee that offers realistic terms at this stage can shape the outcome instead of having terms fixed for it.
Typical grounds run through the statutory tests in reverse. The patentee may show that the invention is in fact worked in India, that supply meets demand through imports or local manufacture, that the price is reasonable when the product and the market are properly compared, that the applicant never made a genuine effort to obtain a voluntary licence, or that the applicant lacks the ability and capital to work the invention to the public advantage.
After the notice is filed, the Controller notifies the applicant, evidence is filed in the manner the Rules provide, and both parties are given an opportunity to be heard before a decision is made under sections 88 to 90 on whether to grant a licence and on what terms. The decision can settle royalty, territory, duration and quality obligations, so the evidence a patentee puts in at this stage directly affects the commercial terms it will live with.
Why this rule matters
Patentees facing a compulsory licence application, licensees and others shown by the register to have an interest, and the applicant who must answer them.
In the window that opens when the compulsory licence application is published in the Official Journal.
A right to oppose the application on stated grounds and to propose licence terms, and a duty to serve the applicant with a copy.
The application may proceed without the patentee's evidence, and terms including royalty may be fixed on the applicant's material alone.
How it works in practice
A patentee answers with working evidence
A Hyderabad company holds a patent on a water purification membrane and learns from the Journal that a compulsory licence application has been published against it. It files Form 14 within the prescribed period, sending the notice to the Controller and a copy to the applicant. Its statement of grounds is built on records: three years of Indian sales data showing supply meeting orders, two local manufacturing agreements demonstrating that the invention is worked in India rather than merely imported, a comparison of its pricing with substitutes and with prices in neighbouring markets, and the applicant's own emails showing that its only approach was a single message demanding a royalty-free licence. In the alternative, the patentee sets out the terms on which it is willing to grant a voluntary licence, including a running royalty, a defined territory and quality obligations. Evidence is exchanged, both sides are heard, and the Controller has a full record on which to decide whether a licence should be granted at all and on what terms.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- Opposition to a published compulsory licence application is filed on Form 14 under section 87(2).
- It must be filed within the period fixed by the Rules from the date of publication and a copy served on the applicant.
- The notice must state the grounds of opposition.
- An opponent willing to grant a voluntary licence should set out the terms it offers.
- Evidence is exchanged and both sides are heard before the Controller decides.
- The decision can fix royalty, territory, duration and other terms, so the evidence filed shapes the commercial outcome.
Common mistakes and misunderstandings
- Filing a bare notice without a statement of grounds, which leaves the opposition without a case to prove.
- Ignoring the option of offering voluntary licence terms, and so losing influence over the terms that may be imposed.
- Assuming that showing imports alone answers a non-working allegation. Working in the territory of India is examined on the facts.
- Missing the publication because nobody monitors the Journal for the patents that matter to the business.
Connected provisions
Every rule traces back to a section. The linked sections are shown apart from the rule because the two are separate instruments, and because a rule that goes beyond its parent section can be challenged. Knowing the parent provision is part of reading the rule properly.
Forms, deadlines and fees
Where a form is required, the Second Schedule to the Patents Rules prescribes it. Superseded versions circulate widely online, so download the current form from the Patent Office and check it against the rule before use.
- The notice of opposition must be given within the period fixed by the Rules from the date the application is published, currently two months. Confirm the exact period against the Rules in force.
- A copy of the notice must be delivered to the applicant, and evidence then follows the timetable applicable to these proceedings.
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 98
Who can oppose a compulsory licence application?
The patentee is the obvious opponent, but section 87(2) also allows any other person to give notice of opposition, and in practice those are persons with a commercial stake shown by the register or the market, such as an exclusive licensee whose position would be undermined or a mortgagee with a security interest. The notice goes to the Controller on Form 14 within the prescribed period after publication, with a copy delivered to the applicant.
What should the notice of opposition contain?
A statement of the grounds on which the application is opposed, addressing the statutory tests directly: whether the reasonable requirements of the public are satisfied, whether the invention is available at a reasonably affordable price, whether it is worked in the territory of India, and whether the applicant genuinely sought a voluntary licence and has the capacity to work the invention. If you are willing to grant a licence rather than have terms imposed, set out the terms and conditions you offer.
Can offering a voluntary licence help the patentee?
Often, yes. If a licence is going to be granted anyway, terms negotiated or offered by the patentee are usually better than terms fixed after a contested hearing, and an offer also demonstrates that the patentee is not withholding the invention from the public. It has to be a realistic offer. Terms that no one could accept can be read as confirmation that the reasonable requirements of the public are not being met, which is precisely the ground being alleged.
Facing a compulsory licence application on your patent?
MYCrave Consultancy prepares section 87 oppositions, working evidence and licence terms before the Controller.
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