Indian Patent Prosecution: Deadline Reference
Key statutory timelines for applicants, parties, and the Patent Office under the Patents Act 1970 and the Patents Rules 2003, as amended up to the Patents (Amendment) Rules 2024 (G.S.R. 211(E), in force 15 March 2024), verified against the gazette text and official IPO guidance, arranged in prosecution order. Scope: prosecution and post-grant timelines; compulsory licensing, penalty adjudication (Chapter XIV-A), and patent agent registration timelines are excluded.
How to use this reference
- Search by any word that appears in a row: an action ("renewal"), a form ("Form 27"), or a provision ("24B"). Filter by prosecution stage, or show hard-docket deadlines only.
- ACT HARD STOP marks a period prescribed by the Act itself with no identified extension route; Rule 138 does not operate on Act periods. Missing one causes abandonment or loss of the right.
- DOCKET HARD marks a Rules period with severe consequences where Rule 138 is facially open on the text but its availability is unsettled in practice; docket these as hard and do not rely on Rule 138 without current authority (Note 1).
- OFFICE marks a Patent Office service timeline (something the office must do, not you); the consequence of non-compliance is not specified in the Rules. These are included for completeness of prosecution tracking.
- NOTE marks a caution explained in the notes section; read the note before advising on that deadline.
- The Deadline column carries only the period or date expression; qualifications, conditions, and consequences sit in the Remarks column.
- The Extension column states the specific statutory route. "No specific extension in the governing rule" means exactly that: it does not by itself mean Rule 138 is unavailable; see the extension legend in the notes. Where Form 4 is named, the per-month fee depends on entity type; see the fee reference below.
- For PCT national phase matters: the statutory filing date is the international filing date (Section 7(1B)); several filing-stage periods expressly run from the actual Indian filing date where the rule says so (Rules 10, 12(1A), and the Explanation to Rule 13(6)).
A. Filing stage
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 1 | File complete specification after provisional ACT HARD STOP | Date of filing of provisional | 12 months | Act period; Rule 138 does not operate on periods prescribed by the Act. Application deemed abandoned if not filed | Section 9(1) | |
| 2 | Convert complete to provisional (request) | Date of filing | 12 months | Not applicable | Section 9(3) | |
| 3 | File convention application in India ACT HARD STOP | Date of first application in convention country (earliest, if multiple) | 12 months | Act period; Rule 138 does not operate on periods prescribed by the Act | Sections 135(1), 135(2) | |
| 4 | Complete specification claiming priority from earlier Indian application | Date of previously filed Indian application | 12 months | Not applicable | For the priority claim to hold | Section 11(3A) |
| 5 | PCT national phase entry in India DOCKET HARDNOTE 1 | Priority date (Article 2(xi)) | 31 months | Docket as hard; Rule 138 position unsettled (Note 1) | Rule 20(4)(i) | |
| 6 | Post-dating of application | Date application actually made | 6 months (maximum) | Not applicable | Section 17(1) proviso | |
| 7 | Limited grace period: display or use at a Central Government notified exhibition, or paper read before a learned society (Form 31) | Opening of the notified exhibition, or reading/publication of the paper | 12 months | Not applicable | Conditions: display, use or publication with the consent of the true and first inventor or a person deriving title (Section 31 clauses (a) to (d)); claim via Form 31 with evidence | Section 31; Rule 29A |
| 8 | Prior public working for reasonable trial (anticipation exception) | Priority date of the relevant claim | 1 year before priority date | Not applicable | Working by or with the consent of the applicant, for reasonable trial reasonably requiring public working | Section 32 |
| 9 | Proof of right (assignment cases) | Date of filing in India (actual Indian filing date for national phase) | 6 months | Rule 138 (up to 6 months, Form 4) | Rule 10 | |
| 10 | Power of attorney (Form 26) NOTE 2 | Date of filing of application or document | 3 months | No specific extension in Rule 135(1); IPO portal practice directs the Rule 138 route for late filing; verify current practice (Note 2) | No further processing until filed | Rule 135(1) |
| 11 | First Form 3 statement and undertaking (Section 8) | Date of filing in India (actual Indian filing date for national phase) | 6 months | Up to 3 months, Form 4 | Rules 12(1A), 12(5) | |
| 12 | Declaration of inventorship (Form 5), where Rule 13(6) applies | Date of filing of complete specification (for PCT national phase: the actual Indian filing date, per the Explanation to Rule 13(6)) | With the complete specification, or 1 month | As stated (Form 4) | One month with Controller permission (Form 4). Applies to complete-after-provisional, convention, and PCT national phase cases; not required for an ordinary application filed with a complete specification at the outset | Rule 13(6) |
| 13 | Reference to deposit of biological material in specification | Date of filing of application | 3 months | Rule 138 | On or before the Form 9 request if early publication sought | Rule 13(8) |
| 14 | Priority document / verified English translation (PCT national phase) | Date of Patent Office invitation | 3 months | No specific extension in Rule 21(3); Rule 21 is excluded from Rule 137; consider Rule 138 separately and cautiously | Failing which the priority claim may be disregarded | Rule 21(3) |
| 15 | Submission of original documents when demanded after electronic filing | Date documents are asked to be submitted in original | 15 days | No specific extension in Rule 6(1A) | Failing which the documents are deemed not to have been filed | Rule 6(1A) |
B. Secrecy directions and foreign filing permission
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 16 | Controller disposal of foreign filing permission request (Form 25) OFFICE | Date of filing the request (defence/atomic energy: date of receipt of Central Government consent) | 21 days | Patent Office timeline; consequence of non-compliance not specified | Defence/atomic energy: counted from receipt of Central Government consent | Rule 71(2) |
| 17 | Communication of result of reconsideration of secrecy directions OFFICE | Receipt of the notice by the Controller | 15 days | Patent Office timeline; consequence of non-compliance not specified | Section 36(2); Rule 72(1) | |
| 18 | Extension of time on revocation of secrecy directions | Revocation of directions under Section 38 | Up to the period the Section 35(1) directions were in force | As stated | Section 38; Rule 72(2) |
C. Publication and examination
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 19 | Publication of application (automatic) | Date of filing or priority, whichever earlier | 18 months | Not applicable | Publication ordinarily within 1 month thereafter | Section 11A; Rule 24 |
| 20 | Early publication request (Form 9) | Any time before 18-month publication | Any time before 18-month publication | Not applicable | Publication ordinarily within 1 month of request | Section 11A(2); Rules 24A, 24 |
| 21 | Request for examination (Form 18) DOCKET HARDNOTE 1 | Priority date or filing date, whichever earlier | 31 months | Docket as hard; Rule 138 position unsettled (Note 1) | 31 months for applications filed on or after 15 March 2024 (Note 6) | Rule 24B(1)(i), (vi) |
| 22 | RFE where secrecy direction revoked NOTE 6 | As in the preceding row, or revocation of secrecy direction | 31 months, or 6 months from revocation, whichever later | As stated | Transitional preservation applies to pre-15 March 2024 filings (Note 6) | Rule 24B(1)(iii) |
| 23 | Divisional application (voluntary or to meet unity objection) | Not date-triggered | Any time before grant of the parent | Not applicable | Section 16(1); Rule 13(2A) | |
| 24 | RFE for divisional NOTE 1 | Filing/priority of parent, or filing of divisional | 31 months, or 6 months from filing of the divisional, whichever later | See Note 1 | Transitional preservation applies to pre-15 March 2024 filings (Note 6) | Rule 24B(1)(iv) |
| 25 | Reference of application to the examiner OFFICE | Filing of RFE and publication | In RFE filing order | Patent Office timeline; consequence of non-compliance not specified | Divisional: published within 1 month and referred within 1 month of that publication | Rule 24B(2)(i) |
| 26 | Examiner report (ordinary examination) OFFICE | Date of reference to the examiner | Ordinarily 1 month, maximum 3 months | Patent Office timeline; consequence of non-compliance not specified | Section 12(2); Rule 24B(2)(ii) | |
| 27 | Controller disposal of examiner report (ordinary) OFFICE | Receipt of the report by the Controller | Ordinarily 1 month | Patent Office timeline; consequence of non-compliance not specified | Rule 24B(2)(iii) | |
| 28 | Issuance of first statement of objections (ordinary) OFFICE | Disposal of the examiner report | 1 month | Patent Office timeline; consequence of non-compliance not specified | Rule 24B(3) | |
| 29 | Response to FER / putting application in order (ordinary) NOTE 4 | Date of issuance of first statement of objections | 6 months | Further 3 months on Form 4; the amended wording supports filing the request within the extension window, including after the initial 6 months; verify current IPO practice before relying on a post-six-month filing (Note 4) | Section 21(1); Rule 24B(5), (6) | |
| 30 | Updated Form 3 (corresponding foreign applications) | Date of issuance of FER (ordinary or expedited) | 3 months | Up to 3 months, Form 4 | Rules 12(2), 12(5) | |
| 31 | Fresh Form 3 on Controller direction under Section 8(2) | Date of Controller communication | 2 months | Up to 3 months, Form 4 | Rules 12(4), 12(5) | |
| 32 | Extension where High Court appeal is pending at expiry of the Section 21 period | Expiry of the period for putting the application in order | Until such date as the High Court determines | As stated | The application for extension must be made before expiry of the prescribed period | Section 21(2) |
| 33 | Further period where the appeal window has not expired | Expiry of the Section 21 period while the time to appeal remains open | Such further period as the Controller determines | As stated | If an appeal is then filed, compliance within the time the High Court grants | Section 21(3) |
| 34 | Examiner report (expedited examination) OFFICE | Date of reference to the examiner | Ordinarily 1 month, maximum 2 months | Patent Office timeline; consequence of non-compliance not specified | Rule 24C(6) | |
| 35 | Controller disposal of examiner report (expedited) OFFICE | Receipt of the report | 1 month | Patent Office timeline; consequence of non-compliance not specified | Rule 24C(7) | |
| 36 | Issuance of first statement of objections (expedited) OFFICE | Disposal of the examiner report | 15 days | Patent Office timeline; consequence of non-compliance not specified | Rule 24C(8) | |
| 37 | Response to FER (expedited examination) NOTE 4 | Date of issuance of first statement of objections | 6 months | Further 3 months on Form 4 (same structure as Note 4) | Rule 24C(10), (11) | |
| 38 | Controller disposal of application (expedited) OFFICE | Receipt of last reply, or last date to put in order, whichever earlier | 3 months | Patent Office timeline; consequence of non-compliance not specified | Limit does not apply where a pre-grant opposition has been filed (proviso) | Rule 24C(12) |
| 39 | Request for hearing on gist of objections | Communication of the gist of objections | 1 month | The Controller may allow a shorter interval under the second proviso to Rule 28(2); this is discretion on the ten-day cut-off, not an extension of the one month | Subject also to the Rule 28(2) proviso: the request must be made on a date earlier than 10 days before the final date for putting the application in order under Section 21(1) | Rule 28(2), (3) |
| 40 | Written submissions after hearing | Date of hearing | 15 days | No specific extension in Rule 28(7) | Rule 28(7) | |
| 41 | Removing prior-claiming objection where otherwise in order | Controller decision to postpone grant | 2 months | As the Controller may fix after hearing | Thereafter a hearing is fixed with at least 10 days notice; amendment within the period the Controller fixes after hearing | Rules 29(2), 30 |
D. Pre-grant opposition (Section 25(1))
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 42 | File representation (Form 7A) | Publication under Section 11A | Any time: after publication, before grant | Not applicable | Considered only after RFE on record | Section 25(1); Rule 55(1), (2) |
| 43 | Earliest possible grant | Publication under Section 11A | Not before 6 months from publication | Not applicable | Rule 55(1A) | |
| 44 | Controller orders on the representation (all three branches) OFFICE | Per branch | 1 month (each branch) | Patent Office timeline; consequence of non-compliance not specified | Branches: no prima facie case, no hearing sought: from notification; no prima facie case, hearing sought: from the hearing; prima facie case made out: from receipt of the representation, with notice to the applicant | Rule 55(3) |
| 45 | Applicant statement and evidence after prima facie notice | Date of notice to applicant | 2 months | No specific extension in Rule 55(4); Rule 55(4) is excluded from Rule 137 | Reduced from 3 months by the 2024 amendment | Rule 55(4) |
| 46 | Speaking order deciding application and representation together OFFICE | Completion of proceedings | Ordinarily 1 month | Patent Office timeline; consequence of non-compliance not specified | The Rule 62(2) to (4) hearing procedure applies via Rule 55(5A) | Rule 55(5), (5A) |
| 47 | Examination track for opposed applications | Notice issued on the representation | Not a deadline | Consequence provision, not a deadline | An application in which a representation has been filed and notice issued is examined under the expedited route (Rule 24C) | Rule 55(5B) |
E. Grant
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 48 | Issue of patent certificate OFFICE | Date of grant | Ordinarily 7 days | Patent Office timeline; consequence of non-compliance not specified | Rule 74(1) |
F. Post-grant opposition (Section 25(2)) and opposition hearings
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 49 | Notice of opposition (Form 7) by person interested ACT HARD STOP | Date of publication of grant in the journal | 12 months | Act period; Rule 138 does not operate on periods prescribed by the Act | Section 25(2) | |
| 50 | Patentee reply statement and evidence DOCKET HARD | Receipt of opponent written statement and evidence | 2 months | No specific extension in Rule 58; the consequence is statutory; Rule 138 reliance unsettled, docket as hard | Failure: patent deemed revoked | Rule 58(1), (2) |
| 51 | Opponent reply evidence (confined to patentee evidence) | Delivery of patentee reply statement and evidence | 1 month | Further evidence only with leave (Rule 60) | Confined to matters strictly in reply to the patentee evidence; further evidence only with leave (Rule 60) | Rule 59 |
| 52 | Opposition Board recommendation OFFICE | Date documents forwarded to the Board | 2 months | Patent Office timeline; consequence of non-compliance not specified | Reduced from 3 months by the 2024 amendment | Rule 56(4) |
| 53 | Notice of opposition hearing OFFICE | Completion of evidence and receipt of the Board recommendation | Not less than 10 days notice | Patent Office timeline; consequence of non-compliance not specified | Applies to pre-grant hearings via Rule 55(5A) | Rule 62(1) |
| 54 | Notice of intention to attend the hearing | Fixing of the hearing | Before the hearing | As stated | Notice with the First Schedule fee; the Controller may refuse to hear a party who has not given notice | Rule 62(2), (3) |
| 55 | Reliance on a publication not already on record at the hearing | Intention to rely at the hearing | Not less than 5 days notice | No specific extension in Rule 62(4) | With details of the publication, to the other party and the Controller | Rule 62(4) |
G. Maintenance and compliance
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 56 | Renewal fee (each year, 3rd year onward) | Expiration of the 2nd year from date of patent, and each succeeding year | Before expiration of the relevant year | Up to 6 months on Form 4 with fee | Payable at expiration of the 2nd year and each succeeding year | Section 53(2); Rule 80(1), (1A) |
| 57 | Accumulated renewal fees where grant later than 2 years from filing | Date of recordal of patent in the register | 3 months | Extendable to not later than 9 months from recordal | Section 142(4) | |
| 58 | Statement of working (Form 27) NOTE 3 | Expiry of each 3-financial-year block (blocks run from the FY after the FY of grant) | 6 months | Up to 3 months under the Rule 131(2) proviso, Form 4; further up to 6 months under Rule 138 per the CGPDTM Form 27 FAQ of 26 August 2024, subject to Rule 138 conditions and fee (Note 3) | In practice by 30 September of the filing year (Note 3) | Section 146(2); Rule 131(2) |
| 59 | Information on working demanded by Controller notice | Date of Controller notice | 2 months | As stated | Or such further time as the Controller allows | Section 146(1) |
H. Restoration of lapsed patent
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 60 | Application for restoration (Form 15) ACT HARD STOP | Date patent ceased to have effect | 18 months | Act period; Rule 138 does not operate on periods prescribed by the Act | Section 60(1) | |
| 61 | Request to be heard where no prima facie case found | Controller intimation | 1 month | No specific extension in Rule 84(2) | Rule 84(2), (3) | |
| 62 | Opposition to restoration (Form 14) | Publication of the restoration application | 2 months | No specific extension in Rule 85(1) | Rule 85(1) | |
| 63 | Payment of unpaid renewal and additional fee after restoration order | Date of order allowing restoration | 1 month | No specific extension in Rule 86(1) | Rule 86(1) |
I. Amendment, surrender and correction
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 64 | Opposition to post-grant amendment application (Form 14) | Publication of the amendment application | 3 months | No specific extension in Rule 81(3)(b) | Rule 81(3)(b) | |
| 65 | Opposition to surrender of patent (Form 14) | Publication of the notice of offer to surrender | 3 months | No specific extension in Rule 87(2) | Rule 87(2) | |
| 66 | Opposition to correction of clerical error (Form 14) | Advertisement of the request | 3 months | No specific extension in Rule 124(1) | Rule 124(1) |
J. Review, appeal and consequential requests
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 67 | Review of Controller decision (Form 24) | Communication of the decision | 1 month | Further period not exceeding 1 month, on Form 4 | Section 77(1)(f); Rule 130(1) | |
| 68 | Setting aside ex parte order (Form 24) | Communication of the order | 1 month | Further period not exceeding 1 month, on Form 4 | Section 77(1)(g); Rule 130(2) | |
| 69 | Appeal to High Court | Date of decision, order or direction of the Controller | 3 months | High Court discretion | Section 117A(4) | |
| 70 | Request for grant following order under Section 26(1) or Section 52(2) (Form 12) | Date of the Controller order (Rule 63A) or of the court/Appellate Board order (Rule 79) | 3 months | No specific extension in Rules 63A/79 | Rules 63A, 79 | |
| 71 | Request or claim for mention of inventor (Form 8) | Section 28 procedure | Before grant; certificate under Section 28(7): any time | Not applicable | The before-grant limit applies to requests and claims under Sections 28(2) and 28(3), per Section 28(4) | Section 28; Rules 66 to 68 |
K. General extension and condonation powers
| # | Action | Trigger date | Deadline | Extension / condonation | Remarks | Provision |
|---|---|---|---|---|---|---|
| 72 | General power to extend time or condone delay NOTE 1 | Any time specified for any act or proceeding under the Rules | Up to 6 months | Fee: Rs 10,000 or Rs 50,000 per month by entity (Note 1). Rules periods only; does not alter periods prescribed by the Act | On Form 4; request within the 6-month extended window; multiple requests allowed | Rule 138 (substituted 2024) |
| 73 | Condonation for delayed receipt of a Patent Office communication | Receipt of the delayed document or communication | Immediately after receipt | Condonation capped at the gap between ordinary-course receipt and actual receipt | With a statement of circumstances and evidence | Rule 6(5) |
| 74 | Condonation for force majeure (war, calamity, outage of e-services) | Delay in transmitting/resubmitting a document or performing an act | 1 month from the situation ceasing | Capped at the emergency period or 6 months from expiry of the prescribed period, whichever earlier | Rule 6(6) | |
| 75 | Power to obviate irregularity (excluded matters listed) NOTE 1 | Documents/irregularities with no specific provision | Not applicable | Use the specific provision or Rule 138 where applicable | Excluded matters: Rules 12(5); 20(4)(i), 20(6); 21; 24B(1),(5),(6); 24C(10),(11); 55(4); 80(1A); 130(1),(2); 131(2) | Rule 137; Rule 137(2) |
Notes and annexes
Extension legend: how to read the extension column
Three layers apply. First, a specific extension expressly provided in the governing rule (stated in the row). Second, the general Rule 138 power: for periods prescribed under the Rules, Rule 138 is facially available on its text (up to 6 months, Form 4, request within the extended window), subject to statutory interpretation and current Patent Office practice; it is not an entitlement. Third, Act periods: Rule 138 is a rule-making power under the Act and does not alter a period prescribed by the Act itself (for example Sections 9(1), 25(2), 60(1), 135).
Note 1: Rule 138 and the 31-month deadlines (national phase and RFE)
Verified against the gazette (G.S.R. 211(E)): the substituted Rule 138 opens with "Notwithstanding anything contained in these rules" and carries no exclusion list, while the new Rule 137(2) exclusion list expressly names Rule 20(4)(i) and 20(6) (national phase) and Rule 24B(1), (5) and (6) (RFE and FER). The drafting therefore closes the Rule 137 route for these items but leaves the Rule 138 text facially open to them. Fee: Rs 10,000 per month (natural person, startup, small entity or educational institution) or Rs 50,000 per month (others), e-filing, per First Schedule entry 4(v).
Position: whether the Controller will in fact grant Rule 138 extensions against the 31-month national phase and RFE deadlines remains unsettled; no judicial authority or dated IPO instruction squarely resolves it. Docket both as hard; verify live IPO practice before advising any client that a Rule 138 extension is available for either.
Note 2: Late power of attorney and Form 1 documents
Rule 135(1) prescribes 3 months for the Form 26 authorisation, with no further processing until it is filed; it contains no specific extension. Reports of current IPO e-filing portal behaviour indicate that late filing of the power of attorney and of Form 1 documents is routed through Rule 138 with its per-month fee rather than Rule 137 petitions. This is a description of portal practice, not a statutory rule; confirm current portal behaviour before quoting costs.
Note 3: Form 27 windows and the late-filing framework
Per the CGPDTM Form 27 FAQ dated 26 August 2024: for patents granted before FY 2022-23, the first 3-financial-year block is FY 2023-24 to FY 2025-26, with the normal filing window running 1 April 2026 to 30 September 2026. The FAQ further illustrates the late-filing framework: extension or condonation of up to 3 months under the Rule 131(2) proviso (Form 4), and thereafter a further period of up to 6 months under Rule 138, subject to its conditions and fee (in the FAQ's worked example, an outer date of 30 June 2027 for the current block). The FAQ is official guidance, not statute; the Rules text governs.
Note 4: FER extension mechanics after the 2024 amendment
The gazette substituted "specified under sub-rule (5)" in Rule 24B(6) with "specified herein". That amended wording supports filing the Form 4 request within the available three-month extension window, including after expiry of the initial six-month period; the same structure applies under Rule 24C(11). This reading is consistent with reported portal implementation, but no dated IPO instruction is cited here and Controller practice may be material. Check current IPO practice before relying on a post-six-month filing.
Note 5: Amendment chain and what is out of scope
(a) Patents (Amendment) Rules 2024, G.S.R. 211(E), in force 15 March 2024: all prosecution timeline changes reflected here. (b) Patents (Second Amendment) Rules 2024, G.S.R. 215(E), 16 March 2024: inserted the first version of Chapter XIV-A on adjudication of penalties under Sections 120, 122 and 123. (c) Patents (Amendment) Rules 2025, G.S.R. 865(E), 25 November 2025: substituted Chapter XIV-A with a detailed framework (complaint Form 32; appeal Form 33 within 60 days; adjudication order within 3 months of notice; appellate disposal ordinarily within 6 months), omitting the clashing forms. Items (b) and (c) create enforcement timelines only, not prosecution deadlines, and are excluded from the table.
Note 6: Transitional RFE regime and the PCT filing date
For applications filed before 15 March 2024, the pre-amendment RFE period (48 months) is preserved by Rule 24B(1)(vi). For determining whether the pre-amendment regime applies, use the statutory filing date: in a PCT national phase application, that is the international filing date under Section 7(1B), not the date on which national phase papers were submitted in India. Precision point: clause (vi) literally references the period "under sub-section (1) of section 11B"; for the secrecy and divisional branches of the sub-rule in pre-2024 filings, apply the pre-amendment text of those branches and verify the operative period for the specific case.
Extension fee quick reference (per month, e-filing, First Schedule entry 4)
| Provision covered | Natural person / startup / small entity / educational institution | Others |
|---|---|---|
| Sections 53(2), 142(4); Rules 13(6), 80(1A), 130 | Rs 480 | Rs 2,400 |
| Entry 4(ii), gazette text as printed: "under subrule (4) of rule 12 or sub rule (2) or rule 131". Editorial note: the wording contains an apparent drafting anomaly; it is generally read as covering Rule 12(4) and Rule 131(2) | Rs 2,000 | Rs 10,000 |
| Rule 24B(6) (FER response extension) | Rs 1,000 | Rs 4,000 |
| Rule 24C(11) (expedited FER response extension) | Rs 2,000 | Rs 10,000 |
| Rule 138 (general extension or condonation) | Rs 10,000 | Rs 50,000 |
Also per the gazette: pre-grant opposition (Form 7A) carries a fee of Rs 4,000 or Rs 20,000 and post-grant opposition (Form 7) Rs 8,000 or Rs 40,000, e-filing only. Form 4 is the vehicle for all extensions above.
Sources and verification record
Statutory instruments relied on: the Patents Act 1970 (consolidated); the Patents Rules 2003 (consolidated, as amended); the Patents (Amendment) Rules 2024, G.S.R. 211(E), 15 March 2024 (verified against the gazette text clause by clause); the Patents (Second Amendment) Rules 2024, G.S.R. 215(E), 16 March 2024; the Patents (Amendment) Rules 2025, G.S.R. 865(E), 25 November 2025. Primary access points: indiacode.nic.in and ipindia.gov.in.
Official guidance (practice material, not statute): the CGPDTM FAQs on Form 27 dated 26 August 2024 (ipindia.gov.in), relied on for the Form 27 windows and late-filing framework in Note 3; reported IPO e-filing portal behaviour, relied on only in Notes 2 and 4 and expressly flagged as practice.
Review status: full row-by-row citation review completed 17 July 2026, including a correction pass following an independent external audit. Where a proposition rests on practice material or an unsettled interpretation, the row carries a NOTE mark. Draft instruments are excluded. Report corrections to Intepat IP.
Disclaimer. This reference is published for general information only and is not legal advice. Statutory periods interact with the facts of each matter, transitional provisions, and evolving Patent Office practice; always verify the applicable deadline for a specific application with a registered patent agent before acting. Intepat accepts no liability for reliance on this page.
Copyright. © 2026 Intepat IP. The texts of the Patents Act 1970 and the Patents Rules 2003 are reproduced as permitted under Section 52(1)(q) of the Copyright Act 1957. The selection, arrangement, verification record and presentation on this page are the original work of Intepat IP. You may share a link to this page freely; reproduction of the compilation requires written permission and attribution.
Version 1.4 (column layout revised 30 July 2026). Legal position stated as on 17 July 2026. Compiled and verified by Intepat IP, Bengaluru. Report corrections to the firm.