The Patents Rules, 2003

An Overview

🧠 Patent Rules in India: Delegated Legislation Under the Patents Act, 1970

India’s patent regime is governed by the Patents Act, 1970, supported by the Patent Rules, 2003, which serve as delegated legislation. These Rules empower the Central Government’s executive authority to frame and revise procedural aspects of patent law under Section 159 of the Patents Act.

⚙️ Why Patent Rules Matter: Flexibility Without Legislative Delay

The Patent Rules are designed to offer administrative and procedural flexibility. Unlike amendments to the Patents Act—which require a full parliamentary process—changes to the Rules can be made swiftly to address operational needs. This includes:

• 💰 Revisions in official fees
• ⏱️ Adjustments in timelines
• 📋 Updates to procedural workflows

Such flexibility ensures that India’s patent system remains responsive to technological and legal developments without compromising statutory integrity.

⚖️ Legal Boundaries: Rules Cannot Override the Act

While the Rules streamline administration, they cannot exceed the scope of the Patents Act. For example, the 20-year patent term is a statutory provision under the Act and cannot be modified through the Rules. In cases where the Rules are silent, the Patents Act serves as the authoritative reference.

📜 Timeline of Key Amendments to the Patent Rules

India’s patent framework has evolved through several amendments to align with global standards and domestic needs. Below is a chronological list of major updates:

• Rule 1. Short title and commencement
• Rule 2. Definitions
• Rule 3. Prescribed particulars
• Rule 4. Appropriate office
• Rule 5. Address for service
• Rule 6. Leaving and serving documents
• Rule 7. fees
• Rule 8. Forms
• Rule 9. Filing of documents and copies, etc.

• Rule 10. Period within which proof of the right under section 7(2) to make the application shall be furnished
• Rule 11. Order of recording applications
• Rule 12. Statement and undertaking regarding foreign applications
• Rule 13. Specifications
• Rule 14. Amendments to specifications
• Rule 15. Drawings
• Rule 16. Models

• Rule 17. Definitions.
• Rule 18. Appropriate office in relation to international applications.
• Rule 19. International applications filed with appropriate office as receiving office.
• Rule 19A. Indian International Searching Authority.
• Rule 19B. International search report.
• Rule 19C. Time limit for establishing international search report.
• Rule 19D. Transmittal of the International Search Report and written opinion.
• Rule 19E. Confidential treatment.
• Rule 19F. Indian International Preliminary Examining Authority.
• Rule 19G. Period for making a demand.
• Rule 19H. Fees payable to Examining Authority.
• Rule 19I. Manner of making a demand.
• Rule 19J. Processing of demands for International preliminary examination.
• Rule 19K. International Preliminary Examination Report.
• Rule 19L. Period for establishing international preliminary examination report and its transmission.
• Rule 19M. Transmittal of the International Preliminary Examination Report.
• Rule 19N. Conditions for and extent of refund.
• Rule 20. International applications designating or designating and electing India.
• Rule 21. Filing of priority document.
• Rule 22. Effect of non-compliance with certain requirements.
• Rule 23. The requirements under this Chapter to be supplemental of the regulations, etc., under the Treaty.

• Rule 24. Publication of application.
• Rule 24A. Request for publication.
• Rule 24B. Examination of application.
• Rule 24C. Expedited examination of applications.
• Rule 25. Identification of published applications.
• Rule 26. Request for withdrawal.
• Rule 27. Inspection and supply of published documents.
• Rule 28. Procedure in case of anticipation by prior publication.
• Rule 28A. Procedure in relation to consideration of report of examiner under section 14
• Rule 29. Procedure in case of anticipation by prior claiming.
• Rule 29A. Grace period.
• Rule 30. Amendment of the complete specification in case of anticipation.
• Rule 31. Form of reference to another specification.
• Rule 32. Procedure in case of potential infringement.
• Rule 33. Form of reference to another patent.
• Rule 34. Manner in which a claim under section 20(1) shall be made.
• Rule 35. Manner in which a request may be made under section 20(4).
• Rule 36. Manner of application under section 20(5).
• Rule 37. Numbering of applications on the grant of patent.
• Rule 38. [Omitted].

• Rule 55. Opposition to the patent.
• Rule 55A. Filing of notice of opposition.
• Rule 56. Constitution of Opposition Board and its proceeding.
• Rule 57. Filing of written statement of opposition and evidence.
• Rule 58. Filing of reply statement and evidence.
• Rule 59. Filing of reply evidence by opponent.
• Rule 60. Further evidence to be left with the leave of the Controller.
• Rule 61. Copies of documents to be supplied.
• Rule 62. Hearing.
• Rule 63. Determination of costs.
• Rule 63A. Request made under section 26(1).
• Rule 64-65. [Omitted].
• Rule 66. Form of making a request under section 28(2).
• Rule 67. Form of making a claim under section 28(3).
• Rule 68. Form of application to be made under section 28(7).
• Rule 69. Procedure for the hearing of claim or an application under section 28.
• Rule 70. Mention of inventor.
• Rule 70A. Certificate of inventorship.

• Rule 71. Permission for making patent application outside India under section 39.
• Rule 72. Communication of result of reconsideration under section 36(2).

• Rule 73. [Omitted].
• Rule 74. Form of patent.
• Rule 74A. Inspection of documents related to grant of patent.
• Rule 75. Amendment of patent under section.
• Rule 76. Manner of applying for direction under section 51(1).
• Rule 77. Manner of application under section 51(2).
• Rule 78. Procedure for the hearing of proceedings under section 51.
• Rule 79. Request under section 52(2).
• Rule 80. Renewal fees under section 53.

• Rule 81. Amendment of application, specification or any document relating thereto.
• Rule 82. Preparation of amended specifications, etc..
• Rule 83. Publication of the amendment allowed.

• Rule 84. Restoration of patents.
• Rule 85. Opposition to restoration under section 61.
• Rule 86. Payment of unpaid renewal fees.

• Rule 87. Surrender of Patents .

• Rule 88. Register of patents under section 67.
• Rule 89. [Omitted].
• Rule 90. Registration of title and interest in patents.
• Rule 91. Presentation of assignment, etc., of patent to Controller.
• Rule 92. Registration of title or interest in a patent.
• Rule 93. Entry of renewal fee.
• Rule 94. Alteration of address.
• Rule 95. Inspection of register of patents under section 72 and fees payable therefore.

• Rule 96. Application for compulsory licence etc..
• Rule 97. When a prima facie case is not made out.
• Rule 98. Notice of opposition under section 87(2).
• Rule 99. Manner of publication of the revocation order.
• Rule 100. Application under section 88(4).
• Rule 101. Procedure to be followed in case of applications under section 88(4).
• Rule 102. Application for termination of compulsory licence under section 94.

• Rule 103. Roll of scientific advisers.
• Rule 103A. Disqualifications for inclusion in the roll of scientific advisers.
• Rule 104. Manner of application for inclusion in the roll of scientific advisers.
• Rule 105. Inclusion of the name of any other person in the roll of scientific advisers.
• Rule 106. Power to relax.
• Rule 107. Removal of names from the roll of scientific advisers.

• Rule 107A. Definitions
• Rule 107B. Complaint
• Rule 107C. Holding of inquiry.
• Rule 107D. Appeal.
• Rule 107H. Serving upon parties.
• Rule 107I. Extension of time.
• Rule 107L. Order and penalties.

• Rule 108. Particulars to be contained in the register of patent agents.
• Rule 109. Application for registration of patent agents.
• Rule 110. Particulars of the qualifying examination for patent agents.
• Rule 111. Registration of patent agents.
• Rule 111A. Issue of duplicate certificate of patent agents.
• Rule 112. Details to be included in an application for the registration of a patent agent.
• Rule 113. Registration of patent agents under section 126 (2).
• Rule 114. Disqualifications for registration as a patent agent.
• Rule 115. Payment of fees.
• Rule 116. Removal of a name from the register of patent agents.
• Rule 117. Restoration of name of persons removed from the register of patent agents.
• Rule 118. Alteration of names, etc., in the register of patent agents.
• Rule 119. Refusal to recognise as patent agent.
• Rule 120. Publication of the names of patent agents, registered under the Act.

• Rule 121. Period within which copies of specification etc. are to be filed.
• Rule 121A. Address of Communications.
• Rule 122. Correction of clerical errors.
• Rule 123. Manner of advertisement of the proposed correction of any error.
• Rule 124. Manner and time of opposition to the making of corrections.
• Rule 125. Notification of corrections.
• Rule 126. Form, etc., of affidavits.
• Rule 127. Exhibits.
• Rule 128. Directions not otherwise prescribed.
• Rule 129. Exercise of discretionary power by the Controller.
• Rule 129A. Adjournment of hearing.
• Rule 130. Application for review of decisions or setting aside of orders of the Controller.
• Rule 131. Form and manner in which statements required under section 146(2) to be furnished.
• Rule 132. Form of application for the issue of duplicate patent.
• Rule 133. Supply of certified copies and certificates under sections 72 and 147.
• Rule 134. Request for information under section 153.
• Rule 135. Agency.
• Rule 136. Scale of costs.
• Rule 137. Powers of Controller generally.
• Rule 138. Power to extend time specified or condone delay.
• Rule 139. Hearing before the Controller to be in public in certain cases.

🔍 Keywords:

• Patent Rules India
• Patents Act 1970
• Delegated legislation in IPR
• Patent prosecution procedures
• Patent Rules amendments

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