22 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC.

3(i)]

MINISTRY OF COMMERCE AND INDUSTRY

(Department For Promotion of Industry and Internal Trade)

NOTIFICATION
New Delhi, the 15th March, 2024
G.S.R. 211(E).—WHEREAS the draft of certain rules, further to amend the Patents Rules, 2003 were
published, as required under sub-section (3) of section 159 of the Patents Act, 1970 (39 of 1970), vide notification of
the Government of India in the Ministry of Commerce and Industry (Department for Promotion of Industry and
Internal Trade) number G.S.R. 619 (E), dated the 23st August, 2023 in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) inviting objections and suggestions from all persons likely to be affected.

AND, WHEREAS, copies of the said notification were made available to the public on the 23st August, 2023;

AND, WHEREAS, the objections and suggestions received from the public in respect of the said draft rules have
been duly considered by the Central Government;

NOW, THEREFORE, in exercise of the powers conferred by section 159 of the Patents Act, 1970 (39 of 1970), the
Central Government hereby makes the following rules further to amend the Patents Rules, 2003, namely: -

1. (1) These rules may be called the Patents (Amendment) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Patents Rules, 2003, hereinafter referred to as the said rules, in rule 12, -
(i) in sub-rule (2), for the words ‘six months from the date of such filing’, the words ‘three months from
the date of issuance of first statement of objections under sub-rule (3) of rule 24B or sub-rule (8) of
rule 24C’ shall be substituted;
(ii) for sub-rule (3), the following sub-rule shall be substituted, namely: -
“3. The Controller may, use accessible and available databases, for considering the information
relating to applications filed in a country outside India.
4. The Controller may, under sub-section (2) of section 8, for reasons to be recorded in writing, direct
the applicant to furnish a fresh statement and undertaking in Form 3 within two months from the date
of such communication by the Controller.
5. Notwithstanding anything contained in these rules, the Controller may condone the delay or extend
the time for filing Form 3 for a period up to three months upon a request made in Form 4.”.
3. In rule 13 after sub-rule (2) of the said rules, the following sub-rule shall be inserted, namely, -
“(2A) A patent applicant may, if he so desires, file one or more further applications under section 16,
including in respect of an invention disclosed in the provisional or complete specification or a further
application filed under section 16.”.
4. In rule 24B of the said rules, -
(a) in sub-rule (1), -
(i) for the words ‘forty-eight months’, wherever they occur, the words ‘thirty-one months’ shall be
substituted;
(ii) in sub-rule (1), after clause (v), the following clause shall be inserted, namely, -
‘(vi) Notwithstanding anything contained in this sub-rule, in respect of an application filed
before commencement of the Patents (Amendment) Rules, 2024, the period for making
request for examination under sub-section (1) of section 11B shall be the period specified
under this sub-rule before the commencement of the Patents (Amendment) Rules, 2024.’;
(b) in sub-rule (6), for the words, brackets and figure ‘specified under sub-rule (5)’, the words
‘specified herein’ shall be substituted.
5. In rule 24C of the said rules, in sub-rule (11), for the words, brackets and figure ‘specified under sub-rule (10)’,
the words ‘specified herein’ shall be substituted.
6. In the said rules, after rule 29, the following rule shall be inserted, namely, -
[भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 23
“29A. Grace period. - An application to avail the period specified under section 31 shall be filed in Form 31,
along with the fees specified in the First Schedule.”.
7. In the said rules, in rule 55:
(A) for sub-rule (3), the following sub-rule shall be substituted, namely, -
“(3) On consideration of the representation if the Controller is satisfied that, -
(a) no prima facie case is made out in the representation, he shall notify the opponent
accordingly, and -
(i) unless the opponent requests to be heard in the matter, the Controller shall, within one
month from the date of such notification, pass an order recording the grounds for refusal of
the representation;
(ii) if opponent requests for a hearing, the Controller shall, after giving the opponent an
opportunity of being heard, pass an order within one month from the date of hearing,
recording his reasons for refusal or prima facie acceptance of the representation and the
applicant shall be notified accordingly.

(b) a prima facie case is made out in the representation, the Controller shall, within one month
of receiving the representation, pass an order recording his reasons and notify the applicant
accordingly.

(B) in sub-rule (4) for the word ‘three months’, the word ‘two months’ shall be substituted;
(C) after sub-rule (5), the following sub-rules shall be inserted namely: -
“(5A.) The procedure specified in sub-rules (2) to (4) of rule 62 shall, as far as may be,
apply to the procedure for hearing under this rule.
(5B) An application for a patent, in which a representation for opposition has been filed
and notice has been issued by the Controller under rule 3, shall be examined in accordance
with rule 24C.”.
8. In rule 56 of the said rules, in sub-rule (4), for the word ‘three months, the word ‘two months’ shall be
substituted.
9. After rule 70 of the said rules, the following rule shall be inserted, namely: -
‘70A. Certificate of inventorship. - (1) The Controller may issue a certificate of inventorship to an inventor in
respect of a patent in force, on a request made by the inventor in Form-8A along with fee specified in the First
Schedule.
(2) The Controller may issue a duplicate certificate of inventorship to an inventor in respect of a patent in force
on a request made by the inventor in Form-8A along with the fee specified in the First Schedule and such
request shall contain a statement setting out the circumstances in which the original certificate of inventorship
was lost, destroyed, damaged or cannot be produced.’.
10. In rule 80 of the said rules, for sub-rule (3), the following sub-rule shall be substituted, namely: -
“(3) The annual renewal fees payable in respect of two or more years may be paid in advance:
Provided that where the renewal fees is paid in advance through electronic mode for a period of at least 4 years,
a ten per cent reduction in fee shall be applicable for such renewal.”.
11. In rule 110 of the said rules, in sub-rule (2): -
a) for the words ‘Patents Act and Rules’, the words ‘The Patents Act, 1970 (39 of 1970), The Patents
Rules, 2003, The Designs Act, 2000 (16 0f 2000) and The Designs Rules, 2001’ shall be substituted;
b) for the words ‘patent specifications’, the words ‘patent specifications, design specifications’ shall be
substituted.
12. In rule 131 of the said rules, for sub-rule (2), the following sub-rule shall be substituted, namely,-
“(2) The statements referred to in sub-rule (1) shall be furnished once in respect of every period of three
financial year, starting from the financial year commencing immediately after the financial year in which the
patent was granted, and shall be furnished within six months from the expiry of each such period.
Provided that the Controller may condone the delay or extend the time in filing of such statement for a period
up to three months upon a request made in Form 4.”.
24 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

13. Rule 137 of the said rules, shall be numbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered,
the following sub-rule shall be inserted namely, -
“(2) The provisions contained in sub-rule (1) shall be not be applicable for matters related to- (i) extension of
time or condonation of delay under sub-rule (5) of rule 12; (ii) clause (i) of sub-rule (4) and sub-rule (6) of rule
20; (iii) rule 21; (iv) sub-rules (1), (5) and (6) of rule 24B; (v) sub-rules (10) and (11) of rule 24C; (vi) sub-rule
(4) of Rule 55; (vii) sub-rule (1A) of rule 80; (viii) sub-rules (1) and (2) of rule 130; (ix) sub-rule(2) of rule
131.”.
14. For rule 138 of the said rules, the following rules shall be substituted, namely, -
"138. Power to extend time specified or condone delay: - Notwithstanding anything contained in these rules,
the time specified for doing any act or taking any proceeding thereunder may be extended or any delay may be
condoned by the Controller for a period of up to six months, upon a request made in Form 4, where such
request is made before the expiry of the said period of six months:
Provided that such request may be made any number of times within the specified period of six months.’.

15. In the said rules, for Table I of THE FIRST SCHEDULE, the following table shall be substituted, namely, -

TABLE I

“Number On what payable Number For e-filing For physical filing

of Entry of the Natural person Other(s), alone Natural person or Other(s), alone
relevant or startup or or with natural startup or small or with natural
Form small entity or person or startup entity or person or startup
educational or small entity or educational or small entity or
institution educational institution educational
institution institution
1 2 3 4 5 6 7
Rupees Rupees Rupees Rupees
1. On application for a patent 1 1600 8000 1750 8800
under sections 7, 54* or 135 Multiple of Multiple of 8000 Multiple of 1750 Multiple of 8800
and rule 20(1) accompanied 1600 in case of in case of every in case of every in case of every
by provisional or complete every multiple multiple priority. multiple priority. multiple priority.
specification— priority.
(i) for each sheet of (i) 160 (i) 800 (i) 180 (i) 880
specification in addition to
30, excluding sequence
listing of nucleotides and/
or amino acid sequences
under sub-rule (3) of rule
(9);
(ii) for each claim in (ii) 320 (ii) 1600 (ii) 350 (ii) 1750
addition to 10;
(iii) for each page of (iii) 160 subject (iii) 800 subject Not allowed Not allowed
sequence listing of to a maximum to a maximum of
nucleotides and/ or amino of 24000 120000
acid sequences under sub-
rule (3) of rule (9).
*An application for a
patent made under section
54 shall be eligible for a
reduction of 50 per cent in
fee as compared to other
applications.
2. On filing complete 2 No fee No fee No fee No fee
specification after
provisional up to 30 pages
having up to 10 claims –
[भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 25
(i) for each sheet of (i) 160 (i) 800 (i) 180 (i) 880
specification in addition to
30, excluding sequence
listing of nucleotides and/
or amino acid sequences
under sub-rule (3) of rule
(9);
(ii) for each claim in (ii) 320 (ii) 1600 (ii) 350 (ii) 1800
addition to 10.
(iii) for each page of (iii) 160 subject (iii) 800 subject Not allowed Not allowed
sequence listing of to a maximum to a maximum of
nucleotides and/ or amino of 24000 120000
acid sequences under sub-
rule (3) of rule (9).
Note: A specification in
respect of an application
for a patent made under
section 54 shall be eligible
for a reduction of 50 per
cent in fee as compared to
other specifications.
3. On filing a statement and 3 No fee No fee No fee No fee
undertaking under
section 8.
4. i) On request for extension 4 480 2400 530 2600
of time under sections
53(2) and 142(4), rules
13(6), 80(1A) and 130 (per
month).
ii) On request for extension 4 2000 10000 2200 11000
of time or condonation of
delay (per month) under
sub-rule (4) of rule 12 or
sub-rule (2) or rule 131.
iii) On request for 4 1000 4000 1100 4400
extension of time under
sub-rule (6) of rule 24B
(per month).
iv) On request for 4 2000 10000 2200 11000
extension of time under
sub-rule (11) of rule 24C
(per month).
v) On request for extension 4 10000 50000 11000 55000
of time under rule 138 (per
month).
5. On filing a declaration as to 5 No fee No fee No fee No fee
inventorship under sub-rule
(6) of rule 13.
6. On application for - 800 4000 880 4400
postdating.
7. On application for deletion - 800 4000 880 4400
of reference under section
19 (2).
8. (i) On claim under section 6 800 4000 880 4400
20(1);
(ii) On request for direction 6 800 4000 880 4400
under section 20 (4) or 20
(5).
26 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

9. (i) On notice of opposition to 7 8000 40000 Not allowed Not allowed

grant of patent under section
25(2);
(ii) On filing representation 7A 4000 20000 Not allowed Not allowed
opposing grant of patent
under section 25(1).
10. On giving notice that hearing - 1500 7500 1700 8300
before Controller shall be
attended under rule 62(2).
11. On application under section 8 No fee No fee No fee No fee
28(2).
On application under 8 800 4000 880 4400
sections 28(3) or 28(7).
12. Certificate of inventorship 8A 900 Not applicable 1000 Not applicable
under rule 70A.
13. Request for publication 9 2500 12500 2750 13750
under section 11A(2) and
rule 24A.
14. On application under section 10 2400 12000 2650 13200
44 for amendment of patent.
15. On application for directions 11 2400 12000 2650 13200
under section 51(1) or 51(2).
16. On request for grant of a 12 2400 12000 2650 13200
patent under sections 26(1)
and 52(2).
17. On request for converting a - 2400 12000 2650 13200
patent of addition to an
independent patent under
section 55 (1).
18. For renewal of a patent
under section 53—
(i) before the expiration of the - 800 4000 880 4400
2nd year from the date of
patent in respect of 3rd year;
(ii) before the expiration of the - 800 4000 880 4400
3rd year in respect of the 4th
year;
(iii) before the expiration of the - 800 4000 880 4400
4th year in respect of the 5th
year;
(iv) before the expiration of the - 800 4000 880 4400
5th year in respect of the 6th
year;
(v) before the expiration of the - 2400 12000 2650 13200
6th year in respect of the 7th
year;
(vi) before the expiration of the - 2400 12000 2650 13200
7th year in respect of the 8th
year;
(vii) before the expiration of the - 2400 12000 2650 13200
8th year in respect of the 9th
year;
(viii) before the expiration of the - 2400 12000 2650 13200
9th year in respect of the
10th year;
(ix) before the expiration of the - 4800 24000 5300 26400
10th year in respect of the
11th year;
[भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 27
(x) before the expiration of the - 4800 24000 5300 26400
11th year in respect of the
12th year;
(xi) before the expiration of the - 4800 24000 5300 26400
12th year in respect of the
13th year;
(xii) before the expiration of the - 4800 24000 5300 26400
13th year in respect of the
14th year;
(xiii) before the expiration of the - 4800 24000 5300 26400
14th year in respect of the
15th year;
(xiv) before the expiration of the - 8000 40000 8800 44000
15th year in respect of the
16th year;
(xv) before the expiration of the - 8000 40000 8800 44000
16th year in respect of the
17th year;
(xvi) before the expiration of the - 8000 40000 8800 44000
17th year in respect of the
18th year;
(xvii) before the expiration of the - 8000 40000 8800 44000
18th year in respect of the
19th year;
(xviii)before the expiration of the - 8000 40000 8800 44000
19th year in respect of the
20th year.
19. On application for 13
amendment of application
for patent or complete
specification or other related
documents under section
57—
(i) before grant of patent; 800 4000 880 4400
(ii) after grant of patent; 1600 8000 1750 8800
(iii) where amendment is for 320 1600 350 1750
changing name or address or
nationality or address for
service.
20. On notice of opposition to an 14 2400 12000 2650 13200
application under sections
57(4), 61(1) and 87(2) or to
surrender a patent under
section 63(3) or to a request
under section 78(5).
21. On application for 15 2400 12000 2650 13200
restoration of a patent under
section 60.
22. Additional fee for restoration — 4800 24000 5300 26400
under section 61(3) and rule
86(1).
23. On notice of offer to — No fee No fee No fee No fee
surrender a patent under
section 63.
24. On application for the entry 16 1600 8,000 1750 8,800
in the register of patents of (In respect of (In respect of (In respect of (In respect of
the name of a person entitled each patent) each patent) each patent) each patent)
28 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

to a patent or as a share or as
a mortgage or as licensee or
as otherwise or for the entry
in the register of patents of
notification of a document
under sections 69(1) or 69(2)
and rules 90(1) or 90(2).
25. On application for alteration — 320 1600 350 1750
of an entry in the register of
patents or register of patent
agents under rules 94(1) or
rule 118(1).
26. On request for entry of an — 800 4000 880 4400
additional address for service
in the Register of Patents
under rule 94(3).
27. On application for 17 2400 12000 2650 13200
compulsory license under
sections 84(1), 91(1), 92(1)
and 92A.
28. On request for examination 18
of application for patent—

(i) under section 11B and 4000 20000 4400 22000

rule 24(1);
(ii) under rule 20(4)(ii). 5600 28000 6150 30800
29. On request for expedited or 18A 8000 60000 Not allowed Not allowed
delayed examination of
application for patent under
rule 24C.
30. Conversion of the request for 18A 4000 40000 Not allowed Not allowed
examination filed under rule
24B to request for expedited
or delayed examination
under rule 24C.
31. On application for 19 2400 12000 2650 13200
revocation of a patent under
section 85(1).
32. On application for revision 20 2400 12000 2650 13200
of terms and conditions of
licence under section 88(4).
33. On request for termination of 21 2400 12000 2650 13200
compulsory licence under
section 94.
34. On application for 22 3200 Not applicable 3500 Not applicable
registration as a patent agent
under rule 109(1) or rule
112.
35. On request for appearing in — 1600 Not applicable 1750 Not applicable
the qualifying examination
under rule 109(3).
36. For continuance of the name
of a person in the register of
patent agents—
for the 1st year to be paid — 800 Not applicable 880 Not applicable
along with registration;

(ii) for every year — 800 Not applicable 880 Not applicable
excluding the 1st year
[भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 29
to be paid on the 1st
April in each year.
37. On application for duplicate — 1600 Not applicable 1750 Not applicable
certificate of patent agent
under rule 111A.
38. On application for 23 1600 Not applicable 1750 Not applicable
restoration of the name of a (Plus (Plus continuation
person in the register of continuation fee fee under entry
patent agents under rule under entry number 36)
117(1). number 36)
39. On a request for correction — 800 4000 880 4400
of clerical error under section
78(2).
40. On application for review or 24 1600 8000 1750 8800
setting aside the decision or
order of the controller under
section 77(1)(f) or 77(1)(g).
41. On application for 25 1600 8000 1750 8800
permission for applying
patent outside India under
section 39 and rule 71(1).
42. On application for duplicate — 1600 8000 1750 8800
patent under section 154 and
rule 132.
43. (i) On request for certified — 1000 5000 1100 5500
copies under section 72 (up to 30 pages (up to 30 pages (up to 30 pages (up to 30 pages
or for certificate under and, thereafter, and, thereafter, and, thereafter, 30 and, thereafter,
section 147 and rule 133(1). 30 for each 150 for each for each extra 150 for each
extra page) extra page) page) extra page)
(ii) On request for certified -- 2400 12000 3300 13200
copies under section 72 or (up to 30 pages (up to 30 pages (up to 30 pages (up to 30 pages
for certificate under section and thereafter, and thereafter, and thereafter, 30 and thereafter,
147 and rule 133(2). 30 for each 30 for each extra for each extra 30 for each extra
extra page) page) page) page)
44. For certifying office copies, — 800 4000 880 4400
printed each.
45. On request for inspection of — 320 1600 350 1750
register under section 72,
inspection under rule 27 or
rule 74A.
46. On request for information — 480 2400 530 2650
under section 153 and rule
134.
47. On form of authorization of 26 No fee No fee No fee No fee
a patent agent.
48. On petition not otherwise — 1600 8000 1750 8800
provided for.
49. For supplying of photocopies — 10 10 10 10
of the documents, per page.
50. Transmittal fee for — 3200 16000 3500 17600
international application.
51. Transmittal fee for — No fee No fee Not applicable Not applicable
international application (for
ePCT filing).
52. For preparation of certified — 1000 5000 1100 5500
copy of priority document (up to 30 pages (up to 30 pages (up to 30 pages (up to 30 pages
and for transmission of the and, thereafter, and, thereafter, and, thereafter, 30 and, thereafter,
same to the International 30 for each 150 for each for each extra 150 for each
Bureau of World Intellectual
 30 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Property Organization. extra page) extra page) page) extra page)

53. For preparation of certified — No fee No fee Not applicable Not applicable
copy of priority document
and e-transmission through
WIPO DAS.
54. On statement regarding 27 No fee No fee No fee No fee
working of a patented
invention on a commercial
scale in India under section
146(2) and rule 131(1).
55. To be submitted for claiming 28 No fee No fee No fee No fee
the status of a small entity or
startup.
56. Application for withdrawing 29 No fee No fee No fee No fee
the application under section
11B(4), and rules 7(4A) and
26.
57. Request for adjournment of - 1000 5000 1100 5500
hearing under rule 129A (for
each adjournment).
58. Miscellaneous form under 30 As applicable
rule 8(2), to be used when no
other form is prescribed.
59. Grace period. 31 500 2500 550 2750”

16. In the said rules, in THE SECOND SCHEDULE, in the LIST OF FORMS, -
(i) for the entry corresponding to “Form-4”, the following entry shall be substituted, namely, -
"4. Sections 53(2) and 142(4), rules 12(5), 13(6), 24B(6), Request for extension of time or
24C(11), 80(1A), 130 and 138. condonation of delay.”;
(ii) after the entry corresponding to “Form-8”, the following entry shall be substituted, namely, -
“8A. Rule 70A. Certificate of inventorship.”;

(iii) after the entry corresponding to “Form-30”, the following entry shall be inserted, namely, -
"31. Section 31 and rule 29A Grace period.”.
17. In the said rules, in THE SECOND SCHEDULE: -

(i) for Form 1, the following Form shall be substituted, namely, -

“FORM 1 (FOR OFFICE USE ONLY)
THE PATENTS ACT 1970 (39 of 1970) and
THE PATENTS RULES, 2003
APPLICATION FOR GRANT OF PATENT
(See section 7, 54 and 135 and sub-rule (1) of rule 20)
Application No.
Filing date:
Amount of Fee
paid:
CBR No:
Signature:
1. APPLICANT’S REFERENCE /
IDENTIFICATION NO. (AS ALLOTTED BY
OFFICE)
2. TYPE OF APPLICATION [Please tick ( ) at the appropriate category]
Ordinary ( ) Convention ( ) PCT-NP ( ) PPH ( )
[भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 31
Divisional Patent of Divisional ( )( ) Patent of Divisional Patent of
() Addition () Addition ( ) () Addition ( )

3A. APPLICANT(S)
Name in Gender Nationality Country of Age Address of the Applicant
Full (optional, Residence (optional,
for for natural
individuals) persons))
- Male - ____ House No.
- Female years Street
- Others - Prefer not City
to disclose
- Prefer not State
to disclose Country
Pin code
Email (OTP
verification
mandatory
-will be
redacted)
Contact
number
(OTP
verification
mandatory
-will be
redacted)
3B. CATEGORY OF APPLICANT [Please tick ( ) at the appropriate category]
Natural Person ( ) Other than Natural Person ( ) Educational institution ()
Small Entity ( ) Startup ( ) Others ( )
4. INVENTOR(S) [Please tick ( ) at the appropriate category]
Are all the inventor(s) same as the Yes ( ) No ( )
applicant(s) named above?
If “No”, furnish the details of the inventor(s)
Name in Gender Nationality Age (optional, Country of Address of the Inventor
Full (optional, for natural Residence
for natural persons)
persons)
- Male - ____ years House No.
- Female - Prefer not to Street
- Others disclose City
- Prefer not State
to disclose Country
Pin code
5. TITLE OF THE INVENTION

6. AUTHORISED REGISTERED PATENT IN/PA No.

AGENT(S) Name
Mobile No. (OTP
verification
mandatory-will be
redacted)
7. ADDRESS FOR SERVICE OF APPLICANT IN Name
INDIA Postal Address
32 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Telephone No.
Mobile No. (OTP
verification
mandatory-will be
redacted)
Fax No.
E-mail ID (OTP
verification
mandatory-will be
redacted)
8. IN CASE OF APPLICATION CLAIMING PRIORITY OF APPLICATION FILED IN CONVENTION
COUNTRY, PARTICULARS OF CONVENTION APPLICATION
Country Application Filing date Name of the Title of the IPC (as classified in the
Number applicant invention convention country)

9. IN CASE OF PCT NATIONAL PHASE APPLICATION, PARTICULARS OF INTERNATIONAL

APPLICATION FILED UNDER PATENT CO-OPERATION TREATY (PCT)
International application number International filing date

10. IN CASE OF DIVISIONAL APPLICATION FILED UNDER SECTION 16, PARTICULARS OF

ORIGINAL (FIRST) APPLICATION
Original (first) application No. Date of filing of original (first) application

11. IN CASE OF PATENT OF ADDITION FILED UNDER SECTION 54, PARTICULARS OF MAIN
APPLICATION OR PATENT
Main application/patent No. Date of filing of main application
12. DECLARATIONS
(i) Declaration by the inventor(s)
(In case the applicant is an assignee: the inventor(s) may sign herein below or the applicant may upload the
assignment or enclose the assignment with this application for patent or send the assignment by post/electronic
transmission duly authenticated within the prescribed period).
I/We, the above named inventor(s) is/are the true & first inventor(s) for this Invention and declare that the applicant(s)
herein is/are my/our assignee or legal representative.
(a) Date
(b) Signature(s)
(c) Name(s)
(ii) Declaration by the applicant(s) in the convention country
(In case the applicant in India is different than the applicant in the convention country: the applicant in the
convention country may sign herein below or applicant in India may upload the assignment from the applicant in the
convention country or enclose the said assignment with this application for patent or send the assignment by
post/electronic transmission duly authenticated within the prescribed period)
I/We, the applicant(s) in the convention country declare that the applicant(s) herein is/are my/our assignee or legal
representative.
(a) Date
(b) Signature(s)
(c) Name(s) of the signatory
(iii) Declaration by the applicant(s)
I/We the applicant(s) hereby declare(s) that: -
o I am/ We are in possession of the above-mentioned invention.
o The provisional/complete specification relating to the invention is filed with this application.
o The invention as disclosed in the specification uses the biological material from India and the necessary
permission from the competent authority shall be submitted by me/us before the grant of patent to
[भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 33
me/us.
o There is no lawful ground of objection(s) to the grant of the Patent to me/us.
o I am/we are the true & first inventor(s).
o I am/we are the assignee or legal representative of true & first inventor(s).
o The application or each of the applications, particulars of which are given in Paragraph-8, was the first
application in convention country/countries in respect of my/our invention(s).
o I/We claim the priority from the above mentioned application(s) filed in convention country/countries
and state that no application for protection in respect of the invention had been made in a convention
country before that date by me/us or by any person from which I/We derive the title.
o My/our application in India is based on international application under Patent Cooperation Treaty (PCT)
as mentioned in Paragraph-9.
o The application is divided out of my /our application particulars of which is given in Paragraph-10 and
pray that this application may be treated as deemed to have been filed on DD/MM/YYYY under section
16 of the Act.
o The said invention is an improvement in or modification of the invention particulars of which are given
in Paragraph-11.
13. FOLLOWING ARE THE ATTACHMENTS WITH THE APPLICATION
(a) Form 2
Item Details Fee Remarks
Complete/ provisional No. of pages
specification)#
No. of Claim(s) No. of claims and No. of
pages
Abstract No. of pages
No. of Drawing(s) No. of drawings and No. of
pages
# In case of a complete specification, if the applicant desires to adopt the drawings filed with his provisional
specification as the drawings or part of the drawings for the complete specification under rule 13(4), the number of
such pages filed with the provisional specification are required to be mentioned here.
(b) Complete specification (in conformation with the international application)/as amended before the International
Preliminary Examination Authority (IPEA), as applicable (2 copies).
(c) Sequence listing in electronic form
(d) Drawings (in conformation with the international application)/as amended before the International Preliminary
Examination Authority (IPEA), as applicable (2 copies).
(e) Priority document(s) or a request to retrieve the priority document(s) from DAS (Digital Access Service) if the
applicant had already requested the office of first filing to make the priority document(s) available to DAS.
(f) Translation of priority document/Specification/International Search Report/International Preliminary Report on
Patentability.
(g) Statement and Undertaking on Form 3
(h) Declaration of Inventorship on Form 5
(i) Power of Authority
(j)…………………………………………………………………………………………………..

Total fee ₹……….in Cash/ Banker's Cheque /Bank Draft bearing No.......... Date…………...on ………….
Bank.

I/We hereby declare that to the best of my/our knowledge, information and belief the fact and matters slated
herein are correct and I/We request that a patent may be granted to me/us for the said invention.
34 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Dated this…………………day of………………….20……………………

Signature:
Name:
To,
The Controller of Patents
The Patent Office, at………………..

Note: -
* Repeat boxes in case of more than one entry.
* To be signed by the applicant(s) or by authorized registered patent agent otherwise where mentioned.
* Tick ()/cross (x) whichever is applicable/not applicable in declaration in paragraph-12.
* Name of the inventor and applicant should be given in full, family name in the beginning.
* Strike out the portion which is/are not applicable.
* For fee: See First Schedule.”;

(ii) for Form 3, the following Form shall be substituted, namely, -

“FORM 3

THE PATENTS ACT, 1970

(39 of 1970)

and

THE PATENTS RULES, 2003

STATEMENT AND UNDERTAKING UNDER SECTION 8

(See sub-rule (2) and (3) of Rule 12)

1. Name of the applicant(s). I/We…………………………………………………………………

………………………………………………………………………
………………………………………………………………………
……………………………

hereby declare:

2. Name, address and nationality of the joint (i) that I/We who have made the application for patent number …….
applicant. in India, dated …..…….., alone/jointly with ……………………….,

(ii) that I/We have not made any application for the
same/substantially the same invention outside India

Or

(iii) that I/We have made for the same/ substantially same invention,
application(s) for patent in the other countries, the particulars of
which are given below:

Name of the Date of Application Status of the Date of Date of disposal

country application No. application publication

3. Name and address of the assignee (i) that the rights in the application(s) filed in India has/have been
[भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 35
assigned to ………………………………
………………………………………………………………………
…………………………………………………

(ii) that I/We undertake that upto the date of grant of the patent by
the Controller, I/We would keep him informed in writing regarding
the details of corresponding applications for patents filed outside
India in accordance with the provisions contained in section 8 and
rule 12.

Dated this………day of………..20…..

4. To be signed by the applicant or his Signature. ………………….

authorized registered patent agent.

5. Name of the natural person who has (……………………………………).

signed.

To

The Controller of Patents,

The Patent Office,

at…………………………………

Note. - Strike out whichever is not applicable;”;

(iii) for Form 4, the following Form shall be substituted, namely, -

FORM 4
THE PATENTS ACT, 1970
(39 of 1970)
and
THE PATENTS RULES, 2003
REQUEST FOR EXTENSION OF TIME OR CONDONATION OF DELAY
[See sections 53(2), and 142 (4); rules 12(5), 13(6), 24B(6), 24C(11), 80(1A), 130, 131(2) and 138]
1. Name of the applicant I/We……………………………………………………………………………...
……………………………………………………………………………………
……………………………………………………….. hereby request for
extension of time for …………….. months(s) under
section/rule…………………in connection with my/our/application/Patent
No…………
The reasons for making the request are as follows:-
……………………………………………………………………………………
……………………………………………………………….
Dated this…….day of ……….20….
2. To be signed by the applicant Signature
or his authorized registered (……………………………………….)
patent agent
3. Name of the natural person
who has signed
To
The Controller of Patents,
The Patent Office,
at…………………………………
Note. - For fee: See First Schedule.”;

(iv) after Form 8, the following Form shall be substituted, namely, -

36 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

FORM 8A
THE PATENTS ACT, 1970
(39 of 1970)
and
THE PATENTS RULES, 2003
Certificate of Inventorship
[See rule 70A]
1. Name of the Inventor, and I……………………………………………………………………………...……
Patent Number. …………………………………..1, Inventor in respect of Patent
Number……………………….1, hereby request for the grant of a ‘Certificate of
Inventorship’ in respect of the Patent.
OR
I……………………………………………………………………………...……
…………………………………..1, Inventor in respect of Patent
Number……………………….1, hereby request for the grant of a duplicate
certificate of inventorship in respect of the Patent. The statement setting out the
circumstances in which the original certificate of inventorship was lost,
destroyed, damaged or cannot be produced are as follows:
……………………………………………………………………………...……
……………………………………………………………………………...……
……………………………………………………………………………...……
……………………………………………………………………………...……
……………………………………………………………………………...……

2. To be signed by the inventor

and the date of filing of this Signature2
request. (BELOW INFORMATION IS MANDATORILY REQUIRED TO BE
SUBMITTED)
(Name of the Inventor who has signed)
Aadhaar number of the Inventor (for indian inventors)
House No.
Apartment/Street
City
State
Country
Pin Code
Mobile Phone: (OTP verification mandatory-will be redacted)
Email: (OTP verification mandatory-will be redacted)
Dated this…….day of ……….20….2
To
The Controller of Patents,
The Patent Office,
at…………………………………
Note.- This Certificate does not, in any manner whatsoever, confer or derogate from any rights under the patent.”;

(v) for Form 27, the following Form shall be substituted, namely, -
 [भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 37
“FORM 27
THE PATENTS ACT, 1970
(39 of 1970)
AND
THE PATENTS RULES, 2003
No Fee
STATEMENT REGARDING THE WORKING OF PATENTED INVENTION(S) ON A COMMERCIAL
SCALE IN INDIA
[See section 146(2) and rule 131(1)]
1. Insert name, address, I/ We, the Patentee(s)/ Licensee ……………, in respect of patent number(s) …………,
nationality, patent furnish this statement,
number(s). (Explanation: One form may be filed in respect of multiple patents, provided all of them
are related patents and are granted to the same patentee(s)).

2. State the financial year in respect of the financial year ………

to which the statement
relates.

3. Worked / not worked. Patent Number(s) Worked [Tick () if Not worked [ Tick () if
applicable] applicable]
Please state whether
each patent in respect of
which this form is being
filed is worked or not
worked.

4. If not worked, please Patented Invention is under development/ commercial trial

tick the appropriate Patented Invention is under Review/approval with Regulatory authorities
reasons
Exploring commercial licensing
Any other, may specify:

5. Whether the patent is YES

NO
available for licensing
In case of YES, would you be interested in receiving communications from any person
interested in seeking a license. If so, kindly provide contact details as below:
Email address: .............
Contact Number: ...........
The facts and matters stated above are true to the best of my/ our knowledge,
information and belief.

Dated this ......... day of ............. 20......

6. To be signed by Signature(s) .................................

Patentee(s) / Licensee /
Authorised Agent
To
furnishing the statement.
The Controller of Patents,

The Patent Office,

at ………………
 38 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

Note: 1. Every patentee and every licensee (exclusive or otherwise) is required to file this Form; where a patent is
granted to two or more persons, this form may be filed jointly by all or any of such persons.
2. Subject to conditions specified under the Patent Act, 1970 a patented invention shall not be considered as ‘not
worked’ merely on the ground that the patented product has been imported in India.”.
(vi) after Form 30, the following Form shall be substituted, namely:-
“FORM 31
THE PATENTS ACT, 1970
(39 of 1970)
AND
THE PATENTS RULES, 2003
GRACE PERIOD
[See section 31 and rule 29A]
1. Name, address, I/ We, the applicant ……………, in respect of application number …………, filed on
nationality, and ………… hereby claim the benefit of grace period provided under section 31.

application number.

2. Applicable provision Section 31(a)

Section 31(b)
Section 31(c)
Section 31(d)
3. Documents to be (i) Section 31(a) With reference to:
a) the earliest date of display or use BOX FOR DDMMYYYY;
submitted as evidence.
and
Note: Evidence may
also include an affidavit. b) that the display occurred with the consent of the true and first
inventor or a person deriving title from him; and YES NO
c) that the display occurred at an industrial or other exhibition to
which the provisions of this section have been extended by
the Central Government by notification in the Official
Gazette;
the following documentary evidence is submitted:
…………………………………………………………
…………………………………………………………
…………………………………………………………
…………………………………………………………
(ii) Section 31(b) With reference to:
a) the earliest date of publication or use;
b) the documentary evidence in respect of section 31(a) above;
and
c) the documentary evidence to the effect that the publication of
any description of the invention occurred in consequence of
the display or use of the invention as stated in section 31(b);
the following documentary evidence is submitted:
…………………………………………………………
…………………………………………………………
…………………………………………………………
…………………………………………………………
(iii) Section 31(c) With reference to:
a) the earliest date of use;
b) the documentary evidence in respect of section 31(a) or
section 31(b) as mentioned above; and
 [भाग II—खण्ड 3(i)] भारत का रािपत्र : असाधारण 39
c) the documentary evidence regarding use of the invention as
stated in section 31(c); and
d) the documentary evidence or affidavit that the use of the
invention occurred without the consent of the true and first
inventor or a person deriving title from him;
the following documentary evidence is submitted:
…………………………………………………………
…………………………………………………………
…………………………………………………………
…………………………………………………………
(iv) Section 31(d) With reference to:
a) the earliest date of description or publication;
b) the description of the invention in a paper read by the true
and first inventor before a learned society;
c) the description of the invention published by the true and first
inventor or with his consent in the transactions of a learned
society;
the following documentary evidence is submitted:
…………………………………………………………
…………………………………………………………
…………………………………………………………
…………………………………………………………
4. Undertaking That my invention was in the public domain from DDMMYYYY and this application is
made not later than 12 months from that date (earliest date as stated above in respect of
section 31(a), 31(b), 31(c), or 31(d)).
The facts and matters stated above are true to the best of my/ our knowledge, information
and belief.
Dated this ......... day of ............. 20......

5. To be signed by Signature(s) .................................

Applicant / Authorised
To
Agent.
The Controller of Patents,
Note: Affidavit, if any, The Patent Office,
shall be signed by the at ………………
applicant.
Note: Select the options that are applicable.”.

18. In the said rules, for THE FOURTH SCHEDULE, the following Schedule shall be substituted, namely,-
“THE FOURTH SCHEDULE
[See proviso to rule 136(1)]
Number of Entry Matter in respect of which cost to be Amount ( in rupees)
awarded Natural person(s) or Other(s), alone or with
Startup(s) or Small entit(y)/ natural person(s) or Startup(s)
(ies) or educational or Small entit(y)/ (ies) or
institution(s) educational institution(s)
1. For notice of opposition under 2400 12000
sections 25, 57, 60, 63, 78, 87(2) or
88(4).
2. For application for compulsory 1500 6000
licence under sections 84(1), 91(1)
40 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

or 92(1).
3. For application for revision of terms 2400 12000
and conditions of licence under
section 88(4) .
4. For notice of intention to attend the 1500 6000
hearing under rule 62(2).
5. Stamp fee for power of attorney The amount actually paid. The amount actually paid.
where a patent agent or other person
has been appointed or stamp fee in
respect of relevant affidavits.
6. For written statement under rule 57 4000 5000
or reply statement under rule 58 or
for each affidavit, if relevant.
7. For each document of publication 1600 2000
produced in the proceedings, if
relevant.
8. For each unnecessary or irrelevant 1600 2000
affidavit or citation.
9. For every day or part day of hearing 4000 5000
before the Controller.
10. Sub-rule (2) of rule 136 Aggregate of amounts Twice the aggregate of
actually paid in respect of amounts actually paid in
entries 1, 2, 12, 27, 28, 29 respect of entries 1, 2, 12,
of the First Schedule, as 27, 28, 29 of the First
may be applicable Schedule, as may be
applicable”.

19. In the said rules, in the FIFTH SCHEDULE, for the headings,
“Sl. On what payable Relevant Rule For Natural Person Other than natural person either
No. (Relevant provision of of regulations alone or jointly with natural
Patents Rules, 2003, if under the person”,
any) Treaty

the following headings shall be substituted, namely: -

“S. On what payable Relevant Rule Natural person(s) or Other(s), alone or with natural
No. (Relevant provision of of regulations Startup(s) or Small person(s) or Startup(s) or Small
Patents Rules, 2003, if under the entit(y)/ (ies) or entit(y)/ (ies) or educational
any) Treaty educational institution(s) institution(s)”.

[ F. No. P-24031/14/2023-IPR-III]
HIMANI PANDE Jt. Secy.

Note: The said rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii), vide
number S.O. 493 (E) dated the 2nd May, 2003 and last amended, vide notification number G.S.R. 646 (E) dated
the 21st September, 2021.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.