Form 9 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 9 is the request for publication of a patent application before the ordinary waiting period ends. Rule 24A of the Patents Rules, 2003 prescribes it in one sentence, and rule 24 supplies the period it shortens. Because publication makes the application public, the timing is a decision as well as a filing. If you are planning that timing, our patent drafting and filing team can map the dates with you.
An application is not ordinarily open to the public for eighteen months from the date of filing or the date of priority, whichever is earlier (rule 24). The applicant may ask for earlier publication at any time before that period expires (section 11A(2)), and the request "shall be made in Form 9" (rule 24A). The Controller ordinarily publishes within one month from the end of the period, or within one month from the date of the request (proviso to rule 24). The fee is entry 13 of Table I as substituted in 2024.
The Act: section 11A
Section 11A(1) says that, save as otherwise provided, no application for a patent is ordinarily opened to the public for the prescribed period. Section 11A(2) says the applicant may, in the prescribed manner, ask the Controller to publish the application at any time before that period expires, and the Controller shall then publish it as soon as possible, subject to sub-section (3). Under sub-section (3) every application is published on expiry of the period, except one under a secrecy direction under section 35, one abandoned under section 9(1), or one withdrawn three months prior to the end of the period. Publication includes the date and number of the application, the name and address of the applicant and an abstract (section 11A(5)). See section 11A: publication of applications.
The Rules: 24 and 24A
| Rule | Text as printed |
|---|---|
| 24 | The period for which an application shall not ordinarily be open to public under section 11A(1) shall be eighteen months from the date of filing of application or the date of priority of the application, whichever is earlier |
| 24, proviso | The period within which the Controller shall publish the application in the journal shall ordinarily be one month from the date of expiry of the said period, or one month from the date of request for publication under rule 24A |
| 24A | A request for publication under sub-section (2) of section 11A shall be made in Form 9 |
| 25 | Publication under section 11A(2) and (5) is identified by the letter "A" along with the number of application |
The Second Schedule lists Form 9 as the request for publication under section 11A(2) and rule 24A. The text of Form 9 is not printed in the sources used for this article, so we do not describe its entries. The rule-wise article is rules 24, 24A and 25. The rules print no separate period for filing Form 9 beyond the words of section 11A(2), which allow the request "at any time before the expiry of the period" prescribed under sub-section (1).
Fee: entry 13 of Table I
Entry 13 covers a request for publication under section 11A(2) and rule 24A (Form 9). Amounts are as per the First Schedule as substituted in 2024, in rupees:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | 2500 | 2750 |
| Others, alone or with those persons | 12500 | 13750 |
A small entity, startup or educational institution accompanies every fee-bearing document with Form 28 (rule 7(1), second proviso). Check the current Schedule for later changes. See patent fees by applicant category and filing mode and rule 7.
How a Form 9 request touches other rules
- Deposit of biological material. Rule 13(8) requires the reference to the deposit within three months from the date of filing; the proviso says that where a request for publication is made under rule 24A, the reference is made on or before the date of that request. See rule 13(7) and (8).
- Expedited examination. Rule 24C(3) says that, except where the application has already been published under section 11A(2) or a request for publication under rule 24A has already been filed, a request for expedited examination shall be accompanied by a request for publication under rule 24A. See rule 24C and the next-stage guide on Form 18.
- Request for examination. Rule 24B(2)(i) provides that where the request for examination has been filed and the application has been published under section 11A, the Controller refers the application to the examiner in the order in which the request is filed. See rule 24B.
What publication brings
Section 11A(7) gives the applicant, from publication to grant, "the like privileges and rights as if a patent for the invention had been granted on the date of publication", but the applicant is not entitled to start infringement proceedings until the patent has been granted. The sub-section carries provisos for applications made before 1 January 2005. Publication also makes the invention public, which is why the choice to publish early should be made with the filing timeline in view; see our overview of the patent filing timeline from idea to grant.
Example
Lumen Optics Pvt Ltd files an application on 1 February with no foreign priority. Under rule 24 it is not ordinarily open to the public for eighteen months from that date. Wanting the application public sooner, the company files Form 9 under rule 24A with the entry 13 fee. The Controller ordinarily publishes within one month from the date of the request. The published application is identified by the letter "A" with its application number. If the specification refers to a deposit of biological material, the reference has to be made on or before the date of the Form 9 request.
What the Rules do not say
The Rules do not state conditions for refusing a Form 9 request, and the one-month publication period is described as "ordinarily". Rule 24A prescribes no form of words for the request. Section 11A(3) lists the applications that are not published, and those exceptions apply even where a request is made.
Common mistakes
- Counting eighteen months from the filing date when an earlier priority date exists; rule 24 uses whichever is earlier.
- Making the deposit reference under rule 13(8) after the Form 9 request.
- Forgetting the Form 9 request that rule 24C(3) ties to an expedited examination request.
Need help with publication timing?
Early publication changes the position on disclosure, the deposit reference and expedited examination. Our patent drafting and filing service plans the filing so that Form 9, Form 18 and the specification dates fit together.
Key takeaways
- Form 9 is the request for publication under section 11A(2) (rule 24A).
- The ordinary period is eighteen months from the earlier of filing and priority date (rule 24).
- The Controller ordinarily publishes within one month from the request or from the end of the period.
- The fee is entry 13; check the current Schedule.
- The text of Form 9 is not printed in the sources consulted.
Read next
- Form 18: request for examination
- Form 1: application for grant of a patent
- Rules 26 and 27: withdrawal and inspection of published documents
- Patent registration process in India
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.