Tools

Act or Rule?

Ten questions that train you to tell a section of the Patents Act from a rule of the Patents Rules — the single most useful habit for reading Indian patent law correctly.

Patents Act, 1970

Rights, duties, powers, grounds

Passed by Parliament. Changes rarely. Says what the law is: what is patentable, who may apply, what a patent lets you stop, when it can be revoked, what the Controller and courts may do.

Patents Rules, 2003

Forms, fees, time limits, procedure

Made by the Central Government under the Act. Changes often — last amended in March 2024. Says how: on which form, by when, with what fee, following what steps.

Rule of thumb: if the question is “am I allowed to…” or “can they stop me…”, look at the Act. If it is “on what form, by when, how much”, look at the Rules.

1. Where do you find the list of things that are not inventions?

Section 3 of the Act sets the subject-matter exclusions. The Rules never decide what is patentable — they only prescribe procedure.

2. Which one tells you the form to use for a request for examination?

Rule 24B prescribes the procedure and the form. The Act (Section 11B) creates the requirement; the Rule works out the mechanics.

3. Which one gives a patentee the right to stop others from importing?

Section 48 confers the rights. Rights always come from the Act.

4. Which one sets the time limit for filing a post-grant opposition notice?

The one-year window comes from Section 25(2) of the Act, but the notice, the form and the procedure come from Rule 55A. When you are asked 'on what form, by when, in what manner' the answer is almost always in the Rules.

5. Which one can be changed by the Central Government without Parliament?

The Rules are made by the Central Government under the rule-making power in the Act. That is why the Rules change far more often — the 2024 amendment is a good example.

6. Which one lists the grounds on which a granted patent can be revoked?

Section 64. Grounds of revocation are substantive law and live in the Act.

7. Which one tells you how much extra time the Controller can allow?

Rule 138 contains the general power to extend time and condone delay, within limits. Note that it does not reach every period.

8. Which one defines 'inventive step'?

Section 2 contains the definitions, including inventive step.

9. Which one prescribes the fee for filing an application?

The First Schedule to the Rules. Section 142 of the Act creates the power to prescribe fees; the Rules fix them.

10. Which one says an Indian resident needs permission before filing abroad?

Section 39 imposes the restriction. Rule 71 then prescribes Form 25 and the procedure for getting permission — a good example of the two working together.

Score: 0 of 10

Confident about the difference? Good. Now the hard part.

Knowing which instrument applies is step one. Applying it to a live application, with a deadline running, is what we do.

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