Rules 126 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 126 says how an affidavit used in a patent proceeding must be sworn, what facts it may contain and how alterations are authenticated. Rule 127 says what happens to exhibits filed in an opposition or any other proceeding: the other party can get a copy, or inspect the original, and the original must be produced at the hearing.
An affidavit required by the Act or the Rules must be sworn as sub-rule (3) prescribes: in India before a court or person with legal authority to receive evidence (or an officer empowered by such a court), and outside India before a diplomatic or consular officer, a recognised notary or a judge or magistrate of that place. It is confined to facts the deponent can prove of his own knowledge, except in interlocutory matters, where statements of belief are admitted if the grounds are given. Alterations and interlineations must be initialled by the person before whom it is sworn. Under rule 127, a copy of each exhibit goes to the other party at his request and expense, or the originals are left with the Controller for inspection.
The Act behind these rules
These rules support the evidence and procedure provisions in sections 79 to 81 of the Patents Act, 1970; see Sections 79-81: evidence, discretionary powers and extension of time. Affidavits and exhibits are used most often in oppositions; see our guides on pre-grant opposition under section 25(1) and post-grant opposition under section 25(2), and the rules on evidence in Rules 59-61.
If you are preparing evidence for a contested matter, our legal dispute resolution team can help you shape the affidavits and organise the exhibits.
Rule 126: form of affidavits
Sub-rule (1): affidavits must be sworn as prescribed
The affidavits required by the Act or the Rules to be filed at the Patent Office or furnished to the Controller "shall be duly sworn to in the manner as prescribed in sub-rule (3)". The rule covers every affidavit the Act or the Rules require, not only those in oppositions.
Sub-rule (2): what an affidavit may contain
Affidavits are to be confined to such facts as the deponent is able, of his own knowledge, to prove. There is one exception: in interlocutory matters, statements of belief of the deponent may be admitted, provided that the grounds thereof are given. The rule does not define "interlocutory matters". The practical point is that a statement of belief with no grounds will not satisfy the proviso, and a statement of pure opinion about the facts of the main dispute is outside the sub-rule.
Sub-rule (3): where and before whom
| Place | Affidavit sworn before |
|---|---|
| (a) In India | any court or person having by law authority to receive evidence, or any officer empowered by such a court to administer oaths or to take affidavits |
| (b) In any country or place outside India | a diplomatic or consular officer within the meaning of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (41 of 1948) in that country or place; or a notary of that country or place recognised by the Central Government under section 14 of the Notaries Act, 1952 (53 of 1952); or a judge or magistrate of that country or place |
The three alternatives in clause (b) are joined by "or", so an affidavit made abroad is valid if sworn before any one of them. A notary in the foreign country counts only if he is recognised by the Central Government under section 14 of the Notaries Act, 1952.
Sub-rule (4): alterations and interlineations
Alterations and interlineations shall, before an affidavit is sworn to or affirmed, be authenticated by the initials of the person before whom the affidavit is sworn. A correction made after swearing, or initialled by the deponent alone, does not meet the sub-rule as worded.
Rule 127: exhibits
The rule applies "where there are exhibits to be filed in an opposition or any other proceedings". Its three parts are:
- A copy or impression of each exhibit shall be supplied to the other party at his request and expense.
- If copies or impressions cannot conveniently be furnished, the originals shall be left with the Controller for inspection by the person interested by prior appointment.
- The exhibits in original, if not already left with the Controller, shall be produced at the hearing.
The rule does not say what counts as "not conveniently" furnished. It also does not set a time within which the copy must be supplied after the request, and it says nothing about who decides a dispute over expense. Read with the evidence rules in Rules 59-61, the point of rule 127 is that the other side must have a fair chance to see what is being relied on before the hearing.
Checklist for affidavits and exhibits
| Item | Requirement | Rule |
|---|---|---|
| Deponent's statements | Facts within his own knowledge | 126(2) |
| Statements of belief | Only in interlocutory matters, with grounds | 126(2) |
| Oath in India | Court, person authorised to receive evidence, or officer empowered by a court | 126(3)(a) |
| Oath abroad | Diplomatic or consular officer, recognised notary, or judge or magistrate | 126(3)(b) |
| Alterations | Initialled by the person before whom sworn, before swearing | 126(4) |
| Exhibit copies | To the other party at his request and expense | 127 |
| Originals | Left with Controller if copies not convenient; produced at hearing | 127 |
What changed in 2024
The sources show no change to rules 126 and 127 in the Patents (Amendment) Rules, 2024 or the Patents (Second Amendment) Rules, 2024. Neither rule carries a fee entry in the First Schedule.
Practical example
Lakshmi Textiles Ltd opposes a patent application and files an affidavit from its engineer, Mr Rohan Pillai, who lives in Singapore. Mr Pillai swears it before a notary of Singapore recognised by the Central Government under section 14 of the Notaries Act, 1952, which satisfies rule 126(3)(b). He had struck out one word and written another above it: those changes must carry the initials of the notary before the oath is taken. Mr Pillai states only what he has seen in his own laboratory; where he mentions what he believes about the applicant's process, the affidavit would need to give the grounds for that belief, and even then the allowance applies only in interlocutory matters. Lakshmi Textiles files a sample of the competing product as an exhibit. The applicant asks for a copy; if a copy cannot conveniently be made, the sample is left with the Controller for inspection by appointment, and the original is brought to the hearing.
Need help with evidence in a patent matter?
Weak affidavits and unorganised exhibits cost time at the hearing stage. Our legal dispute resolution service can help you prepare and check them against rules 126 and 127.
Key takeaways
- Affidavits required by the Act or Rules must be sworn as rule 126(3) prescribes.
- Facts must be within the deponent's own knowledge; statements of belief are allowed only in interlocutory matters and with grounds.
- Alterations and interlineations are initialled by the person before whom the affidavit is sworn, before swearing.
- Abroad, an affidavit may be sworn before a diplomatic or consular officer, a recognised notary or a judge or magistrate.
- A copy of each exhibit goes to the other party at his request and expense; otherwise the original is left for inspection and produced at the hearing.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 121–125: convention documents, communications and correction of clerical errors
- Rules 128–129A: directions, discretionary power and adjournment of hearing
- Rules 59–61: reply, evidence, further evidence and copies of documents
- Post-grant opposition under section 25(2)
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.