Rules 10 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.
Rule 10 gives an applicant who files by virtue of an assignment six months after filing to furnish proof of the right to make the application, if the proof did not go in with the application. Rule 11 says how applications are recorded: in a series for each year, with a separate series for applications that correspond to international applications designating India.
Where an applicant claims the right to apply by assignment and does not furnish proof of that right with the application, the proof must follow within six months after the filing (rule 10). For an application corresponding to an international application designating India, the six months run from the actual date the corresponding application is filed in India. Under rule 11, applications filed in a year form one series identified by the year, and national-phase applications form a distinct series.
Rule 10: when proof of the right must be furnished
What the rule says
Rule 10 applies where an application for a patent is made "by virtue of an assignment of the right to apply for the patent for the invention". If the proof of the right to make the application is not furnished with the application, the applicant shall, within a period of six months after the filing of the application, furnish such proof.
The heading of the rule links this to section 7(2) of the Patents Act, which deals with the proof of the right of an applicant who is an assignee of the right to apply. For the Act side, read our articles on section 7 (form of application) and section 6 (persons entitled to apply).
Who is affected
The rule is for applicants who are not the inventor and hold the right through an assignment, for example a company whose employee has assigned an invention, or a university that holds an inventor's assignment. An inventor filing in his or her own name does not need to furnish proof under this rule.
What "proof" is
The rule does not list the documents that count as proof, and it does not prescribe a Form for the proof. The text is silent on that point. Commonly the proof would be the deed or other instrument by which the right was assigned, but the Rules do not say so and the applicant should follow whatever the Controller requires in the particular case. For the drafting side of such an instrument, see our guide on the patent assignment deed draft template.
If you want the assignment chain checked before you file, our patent drafting and filing service can review it and prepare the application.
The six-month period
The period is six months "after the filing of such application". There are two ways to count it.
| Application | Six months run from |
|---|---|
| Ordinary application filed in India | The date of filing in India |
| Application corresponding to an international application in which India is designated | The actual date on which the corresponding application is filed in India (Explanation to rule 10) |
The Explanation matters for the national phase. The international filing date of a PCT application may be many months before the national filing; the Explanation resets the clock to the Indian filing date. Our article on rule 20 on national phase applications explains that route.
Extension of the six months
Rule 10 contains no extension provision of its own. Rule 138, as substituted in 2024, is a general power: the time specified for doing any act under the Rules may be extended, or delay condoned, by the Controller for up to six months on a request in Form 4 made before the expiry of the period. Rule 10 itself does not say whether that power can be used for the proof of right. Treat the six months as firm and take advice before relying on any extension.
Consequences of missing the period
Rule 10 does not state what follows if the proof is not furnished in time. Do not assume the application stays unaffected: furnish the proof within the six months.
Rule 11: order of recording applications
Rule 11 has two sentences.
- The applications filed in a year shall constitute a series identified by the year of such filing.
- In the case of an application filed corresponding to an international application in which India is designated, such application shall constitute a series distinct from the rest of the applications, identified by the year of filing of the corresponding applications in India.
The effect is that the office keeps two sets of records for every year: one for ordinary applications, and one for national-phase applications. The rule fixes the year by the year of filing in India. Rule 11 does not describe the numbering format, the number of digits or how a number is allotted; that is office practice, not set out in these rules.
For readers working with the PCT route, our guide on PCT national phase entry in India gives the wider picture, and our article on PCT definitions and international applications covers rules 17 to 19.
A worked example
Meera Optics Pvt Ltd files an application in India on the strength of an assignment from its engineer, Dev Anand, but does not attach the deed. Under rule 10 it must furnish proof of the right within six months after filing. If the application had instead been a national-phase application, the six months would run from the actual date on which the corresponding application was filed in India, not from the earlier international filing date.
At the office, Meera's ordinary application goes into the series for the year of filing. A national-phase application filed by a different company in the same year goes into the separate series for national-phase applications for that year.
Link to the Act
Both rules operate within sections 6 and 7 of the Patents Act. Section 6 lists who may apply, and section 7 prescribes the form of application and the proof of right. Reading the two Act articles alongside this one clarifies why an assignee must furnish proof.
Need help with proof of right?
Missing the six-month window is a risk that is easy to avoid with a simple checklist. If you hold your invention by assignment and want the filing and proof managed together, you can speak with us about patent drafting and filing.
Key takeaways
- Rule 10 applies to applications made by virtue of an assignment of the right to apply.
- Proof of right not filed with the application must follow within six months after filing.
- For a national-phase application, the six months run from the actual Indian filing date.
- The Rules do not list the documents that count as proof.
- Rule 11 records applications in a yearly series, with a separate series for national-phase applications.
- Check later amendments beyond the Second Amendment Rules, 2024.
Read next
- Rules 8 and 9: forms and filing of documents and copies
- Rule 12: statement and undertaking regarding foreign applications
- Section 6 of the Patents Act, 1970: persons entitled to apply for patents
- Patent assignment deed: 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; check the official text before acting.