Form 13 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Form 13 is not the form for replying to a first examination report. Under rule 81(1) of the Patents Rules, 2003, Form 13 is the form for "an application under section 57 for the amendment of an application for a patent or a complete specification or any document related thereto". The Rules prescribe no separate form for the reply to the first statement of objections. If you have received a statement of objections and are deciding how to answer it, our patent objection reply team can help you plan the response and the amendments that go with it.
Form 13 is the application under section 57 for amendment of an application for a patent, a complete specification or a related document (rule 81(1)). Before grant, the Controller determines whether and on what conditions the amendment is allowed (rule 81(2)). After grant, a substantive amendment application is published and any interested person may oppose in Form 14 within three months of publication (rule 81(3)). The fee is entry 19 of Table I as substituted in 2024. The reply to the first statement of objections has no form prescribed in the Rules.
Why the old title was wrong
The Second Schedule lists Form 13 as the application for amendment of the application for patent or complete specification, citing section 57 and rule 81(1). The first statement of objections is dealt with in rule 24B, which prints periods and processing orders but names no form for the reply. The two meet only in practice: a reply may involve changes to the specification, and a change sought under section 57 is made through Form 13. See rules 81 to 83.
What the Act says: sections 57 and 59
Section 57(1) lets the Controller, on an application made in the prescribed manner by an applicant or a patentee, allow the application, the complete specification or any document relating to it to be amended, subject to section 59 and to conditions he thinks fit. The Controller cannot pass an order allowing or refusing the application while a suit for infringement, or a proceeding before the High Court for revocation, is pending. The application must state the nature of the proposed amendment and give full particulars of the reasons (section 57(2)). A request made after grant may be published (section 57(3)), and an interested person may give notice of opposition within the prescribed period (section 57(4)). See section 57 and section 59.
The Rules: 81, 82, 83 and 14
| Rule | What it prints |
|---|---|
| 81(1) | An application under section 57 for amendment of an application for a patent, a complete specification or any related document is made in Form 13 |
| 81(2) | If it relates to an application for a patent not yet granted, the Controller determines whether and subject to what conditions, if any, the amendment is allowed |
| 81(3)(a) | If made after grant and the proposed amendment is substantive, the application is published |
| 81(3)(b) | An interested person gives notice of opposition in Form 14 within three months from the date of publication |
| 81(3)(c) | Rules 57 to 63 (written statement, reply statement, evidence, hearing, costs) apply, so far as may be, to the hearing of the opposition under section 57 |
| 82 | Where the Controller allows an amendment, the applicant, if so required and within the time specified by the Controller, leaves an amended document in accordance with the Rules |
| 83 | Amendments allowed after a patent has been granted are published |
Rule 14 says how the amended pages are prepared: retyped to form a continuous document (14(1)); a marked copy, and a statement of the portion amended by page and line with the reason, also filed (14(2)); no pasted slips, footnotes or margin writing (14(3)); and the earlier page is deemed superseded and cancelled by the applicant when a retyped page is submitted (14(4)). See rules 14 to 16. The rule does not define "substantive" or say who decides.
What the Rules print about the reply to the first statement of objections
Rule 24B prints these points only:
- the first statement of objections, with any documents required, is issued by the Controller to the applicant or the authorised agent within one month from the date of disposal of the examiner's report (rule 24B(3));
- the reply to the first statement of objections, and any subsequent reply, is processed in the order in which it is received (rule 24B(4));
- the time for putting the application in order for grant under section 21 is six months from the date on which the first statement of objections is issued to the applicant (rule 24B(5));
- that time may be further extended by three months on a request in Form 4, with the prescribed fee, made before the expiry of the period in sub-rule (5) (rule 24B(6)).
Section 21(1) provides that an application is deemed to have been abandoned unless, within the prescribed period, the applicant has complied with all the requirements imposed by or under the Act. Rule 24B does not say in what form the reply is made or what it must contain. See rule 24B and section 21. For drafting, see our guides on the response to the first examination report and on claims amendment during examination and after grant.
Fee: entry 19 of Table I
Amounts are as per the First Schedule as substituted in 2024, in rupees, in the order e-filing first column / e-filing others / physical first column / physical others. The first column is a natural person, startup, small entity or educational institution.
| Item | Head | Amount |
|---|---|---|
| 19(i) | Amendment under section 57, before grant of patent | 800 / 4000 / 880 / 4400 |
| 19(ii) | Amendment under section 57, after grant of patent | 1600 / 8000 / 1750 / 8800 |
| 19(iii) | Where the amendment is for changing name or address or nationality or address for service | 320 / 1600 / 350 / 1750 |
| 20 | Notice of opposition in Form 14 to an application under section 57(4), among other heads | 2400 / 12000 / 2650 / 13200 |
The extension in rule 24B(6) is charged under entry 4(iii), per month: 1000 / 4000 / 1100 / 4400. Check the current Schedule for later changes. See patent fees by applicant category and filing mode.
Example
Greenfield Agri Pvt Ltd replies to a first statement of objections, which has no prescribed form, and separately corrects its address for service by Form 13 under item 19(iii).
Common mistakes
- Treating Form 13 as the reply to the first statement of objections.
- Missing the period in rule 24B(5) and the possible extension in rule 24B(6) by Form 4.
- Filing an amendment without a marked copy and a statement of reasons (rule 14(2); section 57(2)).
Need help with an objection reply or an amendment?
A reply, an amendment and the periods in rule 24B have to be handled together. Our patent objection reply service prepares the reply, the amendment application and the dates.
Key takeaways
- Form 13 is the application to amend under section 57 and rule 81(1); it is not the FER reply.
- After grant a substantive amendment is published and opposed by Form 14 within three months.
- The reply to the first statement of objections has no prescribed form; rule 24B(5) gives six months.
Read next
- Section 57: amendment of application and specification
- Form 18: request for examination
- Patent examination process: request, first examination report and hearing
- Response to the first examination report: draft template
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice.