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.
Paragraph 09.06 of the Manual describes how an outsider can resist a patent application before it is granted and how the Controller handles that resistance alongside the examiner's report. The Manual predates the 2024 amendment of rule 55, so this article sets out what the Manual says and then what the rule now provides.
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.
Any person may file a representation in Form 7A after publication under section 11A and before grant, on the grounds in section 25(1). The Controller considers it only after a request for examination is on file and reads it with the examiner's report. The Manual gives the applicant three months to reply to the Controller's notice; rule 55 as amended in 2024 now says two months, and adds a prima facie filter, so the rule prevails.
What the Manual says
Paragraph 09.06 makes these points in sequence:
- Any person may oppose by representation in Form 7A, at the appropriate office, after publication and before grant, on a ground in section 25(1), with a copy to the applicant.
- The date of grant is the date on which the Controller orders grant on the file, and that is the date for section 43(1). A representation that arrives after that date is returned to the opponent with an intimation of grant; a person interested may then file a post-grant opposition.
- A patent is not granted before six months from publication, so a representation filed within that window is certain to be in time.
- The representation carries a statement, evidence if any, and a request for a hearing if wanted.
- The Controller considers it only after a request for examination has been filed, and takes it together with the examiner's report.
- If the Controller thinks the representation has merit and that the application should be refused or amended, notice goes to the applicant, who may reply with a statement and evidence, copied to the opponent.
- After considering both sides and hearing them if requested, the Controller may reject the representation, require amendment, or refuse the application by a speaking order under section 15, deciding the application and the representation together, ordinarily within one month of completing the proceedings.
For the Act see our article on pre-grant opposition under section 25(1); the rule text is in rule 55.
What the 2024 amendment changed
The Manual's procedure is the pre-2024 one. The Patents (Amendment) Rules, 2024 rewrote rule 55(3), shortened the applicant's reply period in rule 55(4) and added sub-rules (5A) and (5B). In short, as now in force:
| Point | Manual (2019) | Rule 55 as now in force |
|---|---|---|
| Controller's first step | Notice to applicant if the representation has merit | A decision whether a prima facie case is made out, with an order and notice |
| Applicant's reply | Three months from the notice | Two months from the notice |
| Hearing procedure | Not stated beyond a hearing if requested | Rule 62(2) to (4) apply as far as may be |
| Examination track | Not stated | An application with a notice under rule 55 is examined in line with rule 24C |
The Act and Rules as now in force prevail; use the rule 55 article for the periods, the fee head and the Form. This article gives no fee amount; the head is in the First Schedule as substituted in 2024.
For an opponent building a representation, or an applicant answering one, our patent hearing support covers the written case and the appearance before the Controller.
The Manual's case reference
The Manual cites one decision, Neon Laboratories Pvt. Ltd. v. Troikaa Pharma Limited and Ors., a Bombay High Court writ petition. In the Manual's account, the court held that where an application is amended and the amendments are opposed, a personal hearing on the amended claims must be given to the objector if specifically requested. That is cited as printed in the Manual, and the practical lesson is to ask for the hearing in the representation itself.
What the Controller and the parties do
For the opponent:
- File in the right form, at the appropriate office, with a copy to the applicant.
- State each section 25(1) ground separately with the documents behind it.
- Request a hearing in the representation; do not leave it to later.
- Watch for the request for examination, since the representation is considered only then.
For the applicant:
- Check the Official Journal and the file for representations as soon as examination is requested.
- Reply inside the rule period, with evidence, and copy the opponent.
- Keep amendments consistent with the claims already published, since the opponent may ask to be heard on them.
Checklist table
| What the Controller looks at | What the party shows | Reference |
|---|---|---|
| Is the representation in time (after publication, before grant)? | Date of publication and the file status | Manual 09.06(1), (3), (4) |
| Has examination been requested? | The request for examination on file | Manual 09.06(6) |
| Do the grounds fit section 25(1)? | A ground-by-ground statement with documents | Section 25(1) |
| Does the applicant answer? | Statement and evidence within the rule period | Rule 55(4) as amended |
| Hearing, if asked | A written request in the representation | Manual 09.06(10) |
A worked example
Lumen Cells Pvt Ltd reads the published application of a rival for a battery separator and believes it lacks novelty. Lumen files a Form 7A representation in the first six months after publication, with two prior-art documents, copied to the applicant, and asks for a hearing. The Controller takes it up only when the rival requests examination. After the notice, the rival answers with a statement and evidence. The Controller hears both and passes one speaking order that requires the rival to narrow its claims before grant.
Common lapses
- Filing a representation after the Controller has ordered grant; it will be returned.
- Not copying the applicant.
- Leaving out the hearing request and then asking for it too late.
- Following the Manual's three-month reply period instead of the rule as amended.
- Filing a representation hoping for early action, when examination has not been requested.
Need help with a pre-grant opposition?
A representation has to be drafted on firm grounds and heard properly. If you need assistance in opposing a published application or in answering a representation, our patent hearing support team can assist, and our model pre-grant opposition petition may help you structure the grounds.
Key takeaways
- A representation in Form 7A can be filed from publication up to the Controller's order of grant.
- The Controller considers it only after a request for examination, together with the examiner's report.
- The six-month bar on grant gives a safe window for an opponent.
- The Manual's three-month reply is overtaken by rule 55 as amended in 2024; the rule prevails.
- The application and the representation are decided together by a speaking order.
Read next
- Rule 55: pre-grant opposition, representation and procedure
- Chapter 10: post-grant opposition, Opposition Board and hearing
- Chapter 9: examiner's report, FER, reply and hearing
- Pre-grant opposition: model petition
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.