Rule 12 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 12 prescribes Form 3 as the form in which an applicant gives the statement and undertaking required by section 8(1) of the Patents Act about corresponding applications abroad. It sets the time for filing the Form, the time for keeping the Controller informed, the Controller's power to ask for a fresh Form 3, and the power to extend time. The Patents (Amendment) Rules, 2024 changed sub-rule (2) and replaced sub-rule (3).
The statement and undertaking under section 8(1) is made in Form 3 (rule 12(1)) within six months from the date of filing the application (rule 12(1A)). The applicant keeps the Controller informed of foreign applications until three months from the date of issuance of the first statement of objections (rule 12(2), as amended in 2024). The Controller may direct a fresh Form 3 within two months, and may condone delay or extend time for Form 3 up to three months on a request in Form 4 (rule 12(4) and (5)).
What rule 12 does, sub-rule by sub-rule
Section 8 of the Patents Act makes an applicant for a patent in India who has filed corresponding applications abroad disclose them and keep the Controller informed. Rule 12 supplies the Form, the periods and the Controller's powers. If you are preparing Form 3 for a filing with counterparts abroad, our patent examination request support can coordinate the Form with the examination timeline. For the Act side see our article on section 8 of the Patents Act, 1970.
Sub-rule (1): Form 3
The statement and undertaking required to be filed by an applicant under sub-section (1) of section 8 shall be made in Form 3.
Sub-rule (1A): six months from filing
The period within which the applicant shall file the statement and undertaking under section 8(1) is six months from the date of filing the application. The Explanation says that, for an application corresponding to an international application in which India is designated, the six months are reckoned from the actual date on which the corresponding application is filed in India. This matches the approach in rule 10.
Sub-rule (2): keeping the Controller informed (as amended in 2024)
The time within which the applicant shall keep the Controller informed of the details of other applications filed in any country, in the undertaking under clause (b) of section 8(1), was "six months from the date of such filing". The Patents (Amendment) Rules, 2024 substituted for those words: "three months from the date of issuance of first statement of objections under sub-rule (3) of rule 24B or sub-rule (8) of rule 24C".
So the undertaking now runs against a defined event, the first statement of objections, and not against the date of each foreign filing. Our articles on rule 24B and rule 24C cover the routes in which that statement issues. The sub-rule text printed in the consolidated version is "six months from the date of such filing"; where the text of the 2024 Rules and the older text differ, the 2024 wording is the current rule.
Sub-rules (3), (4) and (5): replaced in 2024
The older sub-rule (3) let the Controller require information on objections, novelty and patentability in other countries, to be furnished within six months. The 2024 Rules substituted it with three sub-rules, printed as "3.", "4." and "5.":
| Sub-rule | What it says |
|---|---|
| (3) | The Controller may use accessible and available databases for considering information relating to applications filed in a country outside India |
| (4) | The Controller may, under section 8(2), for reasons to be recorded in writing, direct the applicant to furnish a fresh statement and undertaking in Form 3 within two months from the date of such communication |
| (5) | Notwithstanding anything in the Rules, the Controller may condone the delay or extend the time for filing Form 3 for a period up to three months upon a request made in Form 4 |
Two practical consequences follow. First, a direction under (4) must carry written reasons, and the time to comply is two months from the communication. Second, delay in filing Form 3 can be condoned or time extended for up to three months, but only through Form 4 and with the fee in the table.
Form 3 as substituted in 2024
The 2024 Rules substituted Form 3. It is headed "Statement and undertaking under section 8" and carries the line "See sub-rule (2) and (3) of Rule 12". That reference is printed in the substituted Form itself, although the 2024 Rules replaced sub-rule (3) and added sub-rules (4) and (5); read it together with the sub-rules set out above.
The Form, as printed, has these entries:
- Name of the applicant(s), with the declaration "I/We ... hereby declare".
- A statement that the applicant has made the application for patent number ... in India, alone or jointly with ..., and either (ii) that no application has been made outside India for the same or substantially the same invention, or (iii) that applications have been made in other countries, with a table of country, date of application, application number, status, date of publication and date of disposal.
- Name and address of the assignee, with the statement that rights in the Indian application have been assigned, and the undertaking that, up to the date of grant, the applicant will keep the Controller informed in writing of corresponding foreign applications in accordance with section 8 and rule 12.
- Signature by the applicant or authorised registered patent agent, with the name of the natural person who signed.
A note at the foot says to strike out whichever is not applicable.
Fees
As per the First Schedule as substituted in 2024, entry 3 (filing a statement and undertaking under section 8, Form 3) carries no fee in any column.
Entry 4(ii) covers the request in Form 4 for extension of time or condonation of delay, per month, and is the entry used for rule 12(5). As per the First Schedule as substituted in 2024, entry 4(ii) is 2000 per month in the e-filing column for a natural person, startup, small entity or educational institution, and 10000 for others; in physical filing the amounts are 2200 and 11000. Note the slip in the entry: it cites "sub-rule (4) of rule 12 or sub-rule (2) or rule 131", whereas the power to condone delay in Form 3 is in rule 12(5), and Form 4's own heading lists rule 12(5). Our article on rule 7 explains the fee columns.
A worked example
Nova Wind Systems files an Indian application on 10 January and has a counterpart pending abroad. It must file Form 3 within six months from 10 January. When the first statement of objections later issues under rule 24B, it has three months from that issuance to keep the Controller informed of developments in the foreign applications. If it files Form 3 late, it can ask for condonation up to three months by Form 4 with the monthly fee. If the Controller, by a reasoned communication, directs a fresh Form 3, Nova must file it within two months of that communication.
Where this fits in prosecution
Form 3 is filed alongside the early steps of the application; our overview of the patent examination process shows where examination follows. For a general walk-through of the filing, see our guide on how to file Form 3.
Need help with Form 3 and section 8?
Foreign family details need to be accurate and updated at the right moments. If you would like us to manage the Form 3 filing and the later updates, you can speak to us through our patent examination request service.
Key takeaways
- Form 3 carries the statement and undertaking under section 8(1) (rule 12(1)).
- It is due within six months from the date of filing; for national-phase applications from the actual Indian filing date.
- After 2024, the updating period runs until three months from the first statement of objections.
- The Controller may require a fresh Form 3 within two months, with reasons recorded in writing.
- Delay or extension up to three months needs Form 4 and the monthly fee under entry 4(ii).
- Later amendments after the Second Amendment Rules, 2024 should be checked.
Read next
- Rules 10 and 11: proof of right and order of recording applications
- Rule 13: specifications, Form 2, divisional and declaration of inventorship
- Rule 24B: request for examination and first statement of objections
- Section 8 of the Patents Act, 1970
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.