Rules 128 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.
Rules 128 to 129A are the Controller's procedural toolkit. Rule 128 lets him require a party to do something the Act or the Rules do not otherwise provide for; rule 129 says he must give a hearing, with ordinarily ten days' notice, before using a discretionary power adversely; rule 129A lets a party ask for an adjournment, for reasonable cause and with a fee.
The Controller may, by notice in writing, require a party to perform an act, file a document or produce evidence not provided for elsewhere (rule 128(1)). Before using a discretionary power that is likely to affect an applicant or party adversely, he must give a hearing after ordinarily ten days' notice (rule 129). A request to adjourn a hearing needs reasonable cause, the First Schedule fee and must be made at least three days before the hearing; no party gets more than two adjournments, each not exceeding thirty days (rule 129A). As per the First Schedule as substituted in 2024, the adjournment fee is Rs 1000 (e-filing) or Rs 1100 (physical) for a natural person, startup, small entity or educational institution.
The Act behind these rules
Rules 126 to 129A, 136, 137, 138 and 139 serve sections 79, 80 and 81 of the Patents Act, 1970; see Sections 79-81: evidence, discretionary powers and extension of time. For how a hearing fits into examination, see our post on the patent examination process, request, FER and hearing and our article on Rules 28-28A.
If you have a hearing coming up and need to decide whether to ask for more time, our patent hearing support team can go through the file with you.
Rule 128: directions not otherwise prescribed
Sub-rule (1): directions to perform an act, file a document or produce evidence
Where, for the proper prosecution or completion of any proceedings under the Act or the Rules, the Controller is of the opinion that it is necessary for a party to perform an act, file a document or produce evidence for which provision has not been made in the Act or the Rules, he may, by notice in writing, require the party to perform the act, file the document or produce the evidence specified in the notice.
Two features stand out. The power applies only to things not already provided for, and it must be exercised by written notice that specifies what is wanted. The rule does not fix a time for compliance in this sub-rule and does not state the consequence of default.
Sub-rule (2): statement where a party wants to be heard or not heard
Where an applicant or a party to a proceeding desires to be heard or not heard, the Controller may, at any time, require him to submit his statement in writing giving such information as the Controller may deem necessary, within the time specified by him. This is how the Controller can ask for the party's position in writing even where the party has said it wants to be heard, or has said it does not.
Rule 129: discretionary power and the right to a hearing
Before exercising any discretionary power under the Act or the Rules which is likely to affect an applicant for a patent or a party to a proceeding adversely, the Controller shall give that applicant or party a hearing, after giving him or them ten days' notice of such hearing ordinarily.
Reading the sentence closely:
- the hearing is mandatory ("shall give");
- it applies where the exercise of discretion is likely to affect the person adversely;
- the notice period is ten days "ordinarily", which means the Controller may depart from ten days in a given case; and
- the rule does not say what a departure must be justified by.
Rule 129 is a general rule; where another rule sets its own hearing period for a specific step, read the two together.
Rule 129A: adjournment of hearing
What a request must contain
An applicant for a patent or a party to a proceeding may request an adjournment:
- with reasonable cause;
- along with the fee prescribed in the First Schedule; and
- at least three days before the date of hearing.
The Controller, "if he thinks fit to do so", and "upon such terms as he may direct", may adjourn the hearing and intimate the parties accordingly. So a properly made request does not make the adjournment certain: it is discretionary.
The proviso: two adjournments, thirty days each
No party shall be given more than two adjournments, and each adjournment shall not be for more than thirty days. The maximum adjournment a single party can obtain under rule 129A is therefore two adjournments of up to thirty days each. The rule does not say whether a party that has used its two adjournments can ask for more time under another rule; the general power to extend time in rule 138 as substituted in 2024 concerns time specified for doing an act and is covered in our article on Rule 138.
The fee
As per the First Schedule as substituted in 2024, Table I, entry 57 (request for adjournment of hearing under rule 129A, for each adjournment). No form number is shown (the Form column reads "-").
| Mode | Natural person or startup or small entity or educational institution | Others |
|---|---|---|
| E-filing | Rs 1000 | Rs 5000 |
| Physical filing | Rs 1100 | Rs 5500 |
Both modes are allowed. The fee is "for each adjournment", so two adjournments mean two fees.
The three rules compared
| Rule | Trigger | What the Controller does | Safeguard for the party |
|---|---|---|---|
| 128(1) | Act or Rules silent on a needed act, document or evidence | Requires it by written notice | Notice must specify the requirement |
| 128(2) | Party wants to be heard or not heard | May require a written statement within a set time | Time specified by the Controller |
| 129 | Discretionary power likely to affect adversely | Gives a hearing | Ordinarily ten days' notice |
| 129A | Party asks for adjournment | May adjourn on terms | Reasonable cause, fee, three days' notice; at most two adjournments of thirty days |
What changed in 2024
The sources show no change to the text of rules 128, 129 or 129A. The fee amounts come from the table substituted by the Patents (Amendment) Rules, 2024.
Practical example
Greenfield Biotech Ltd, an applicant that is not a startup or small entity, has a hearing fixed for 20 March. Its patent agent is unwell. On 12 March the company requests an adjournment, stating the reason, and pays the entry 57 fee: Rs 5000 if it files electronically. The request is more than three days before the hearing, so it is in time. The Controller adjourns the hearing by twenty days on terms he directs and informs the parties. At the next date, the company asks again and is granted a second adjournment of up to thirty days. A third request cannot be granted under the proviso. If, before the hearing, the Controller wishes to exercise a discretion that may go against the company, he has to give it a hearing after ordinarily ten days' notice.
Need help with a hearing date?
Missing the three-day cut-off or using up the two adjournments leaves little room. Our patent hearing support service can help you plan the request, prepare submissions and appear on the day.
Key takeaways
- Rule 128: the Controller can require, by written notice, an act, document or evidence not otherwise provided for, and can ask for a written statement.
- Rule 129: before an adverse discretionary step, a hearing with ordinarily ten days' notice.
- Rule 129A: request with reasonable cause, fee and at least three days' notice; at most two adjournments, each up to thirty days.
- Entry 57 (as substituted in 2024): Rs 1000 e-filing, Rs 1100 physical for the first column; Rs 5000 and Rs 5500 for others; per adjournment.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 126–127: form of affidavits and exhibits
- Rule 130: review and setting aside of the Controller's orders
- Rules 28–28A: objection of anticipation by prior publication and hearing
- Rules 137–139: powers of the Controller generally and public hearing
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.