Manual 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.
Chapter 10 of the Manual is the Office's walk-through of an opposition to a granted patent under section 25(2): who files, what goes with the notice, how the patentee answers, how an Opposition Board is formed and what happens at the hearing. It is short, and it is the clearest single description of the sequence as the Office runs it.
The Manual is the Patent Office's guidance and does not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as now in force prevail. The Office revises its manuals, so check the current version on ipindia.gov.in.
A person interested gives notice of opposition in Form 7 after grant and within one year of publication of the grant, with a written statement and evidence. The patentee replies, the Controller constitutes a three-member Opposition Board, and the Controller decides after a hearing by a speaking order: revoke, order amendment or refuse the opposition. The Manual's three-month Board period is overtaken: rule 56(4) as amended in 2024 now says two months.
Step 1: the notice and written statement (10.01)
The Manual says any person interested may give notice of opposition in Form 7 at the appropriate office, at any time after grant but within one year from publication of the grant. The notice must be accompanied by a written statement setting out the opponent's interest, the facts relied on, the relief sought and evidence, if any. The grounds are those in section 25(2) and no others. The Controller notifies the patentee without delay, and the opponent delivers a copy of the statement and evidence to the patentee. The Act is covered in post-grant opposition under section 25(2) and the notice rule in rules 55A and 56.
Step 2: the patentee's reply and the evidence rounds
The Manual describes a timetable for the exchange:
- A patentee who wishes to contest files a reply statement with evidence and delivers a copy to the opponent within two months of receiving the opponent's statement.
- If the patentee does not contest or does not reply in time, the Manual says the patent is deemed abandoned, the Controller issues an order of revocation and the register is updated.
- The opponent may file reply evidence within one month of receiving the patentee's reply, strictly confined to matters in the patentee's evidence.
- No further evidence is allowed without the Controller's leave; it may be asked for before the hearing is fixed.
- Documents in another language need an attested English translation, evidence goes on affidavit and exhibits follow the exhibit rule.
Check these periods against the rule posts: rules 57 and 58 and rules 59 to 61. If a period differs, the rule as now in force prevails.
If you are a patentee served with a notice, or an opponent preparing one, our patent hearing support covers the written statement, evidence and the hearing together.
Step 3: the Opposition Board (10.02)
The Controller constitutes the Board by order after receiving the notice. It has three members, one of them Chairman, and examiners may serve, but the examiner who dealt with the application during grant proceedings may not. The Board examines the notice and all statements and evidence, reports with reasons on each ground, and gives a joint recommendation. A copy of the recommendation goes to the parties along with the hearing notice.
The Manual allows three months for the Board's report from the date the documents were forwarded to it. The Patents (Amendment) Rules, 2024 changed rule 56(4) to two months. The Act and Rules as now in force prevail, so plan on the shorter period; the rule 55A and 56 article sets it out.
Step 4: the hearing (10.03)
After evidence is complete and the Board's recommendation is in, the Controller fixes a hearing and gives at least ten days' notice. The Manual then adds these practice points:
- A party who wants to be heard must tell the Controller by notice with the prescribed fee; the Controller may refuse to hear a party who has not.
- The Controller may ask Board members to attend.
- A party who wants to rely at the hearing on a publication not already mentioned must give notice of at least five days with details.
- After hearing, or without a hearing if neither party asks for one, the Controller takes the Board's recommendation into account and decides, by a speaking order, whether to revoke the patent, order amendments or refuse the opposition.
- If amendment is ordered, the patentee files the amended documents within a reasonable time directed by the Controller.
The rule behind this is in rule 62. No fee amount is given here; use the First Schedule as substituted in 2024.
Appeals
Chapter 10 does not discuss appeals. A decision in an opposition is appealable to the High Court, since the Appellate Board was abolished by the Tribunals Reforms Act, 2021; see the appeal routes after the IPAB.
Checklist table
| Stage | What the Office does | What each side does |
|---|---|---|
| Notice | Controller notifies the patentee | Opponent files Form 7 with statement and evidence, copy to patentee |
| Reply | Time runs from receipt of the statement | Patentee files reply statement and evidence, copy to opponent |
| Reply evidence | Strictly confined to the patentee's evidence | Opponent files within the period; later evidence only with leave |
| Board | Three members, reasoned joint recommendation | Parties receive the recommendation with the hearing notice |
| Hearing | At least ten days' notice | Each side gives notice of intention to be heard, with fee |
| Decision | Speaking order | Patentee files any ordered amendments |
A worked example
Vega Polymers Pvt Ltd is granted a patent for a biodegradable film. Within the year, a rival that sells similar films gives notice in Form 7 with a statement and two documents. The patentee replies with its own evidence in time. The Controller forms a three-member Board without the original examiner, and it reports on each ground. At the hearing the patentee relies on an amended claim, and the Controller allows it by a speaking order, refusing the rest of the opposition.
Common lapses
- Filing a notice outside the one-year window or by someone who is not a person interested.
- A patentee missing the reply period; the Manual treats the patent as abandoned.
- Raising a new document at the hearing without five days' notice.
- Leaving the notice to attend the hearing and the fee until too late.
- Planning around the Manual's three-month Board period.
Need help with an opposition?
Both sides win or lose on the statements and evidence filed in the first months. If you are facing or preparing an opposition, our patent hearing support team can assist with drafting, evidence and appearance before the Controller.
Key takeaways
- Form 7 notice within one year of publication of grant, with a statement and evidence.
- The patentee must reply within the stated period or risk deemed abandonment.
- A three-member Opposition Board reports with reasons; the period is now two months under rule 56(4).
- The hearing needs at least ten days' notice, and a decision by speaking order follows.
- Check each period against the rule posts; the rules as now in force prevail.
Read next
- Rules 55A and 56: notice and Opposition Board
- Chapter 9: pre-grant opposition and the Controller
- Chapter 18: powers of the Controller, costs and review
- Post-grant opposition under section 25(2)
Disclaimer: Based on the manuals and guidelines published by the Office of the Controller General of Patents, Designs and Trade Marks that are named in the article, as consulted on 4 October 2026. They are guidance and do not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as amended (including the 2024 amendment rules) prevail, and the current versions on ipindia.gov.in should be checked. This article is general information, not legal advice; check the official text before acting.