Rule 13 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.
Sub-rules (7) and (8) of rule 13 deal with two smaller parts of a specification. Sub-rule (7) prescribes how the title and abstract are written: the title's length, what the abstract must say, its word limit, how it refers to a drawing and its purpose as a search tool. Sub-rule (8) fixes the period within which a specification must refer to the deposit of biological material.
The abstract commences with the title, which should disclose the specific features of the invention normally in not more than fifteen words. The abstract may not contain more than one hundred and fifty words and must state the technical field, the technical advancement and the principal use, without speculative use. Reference to a deposit of biological material is due within three months from the date of filing, or on or before the date of filing of a request for publication under rule 24A.
Rule 13(7): the title and the abstract
The abstract is a requirement of section 10(4)(d) of the Patents Act. Our article on section 10 (claims, abstract and biological material) covers the Act side. Rule 13(7) fills in the detail in five clauses.
Clause (a): title first, short and specific
The abstract accompanying the specification shall commence with the title of the invention. The title of the invention "shall disclose the specific features of the invention normally in not more than fifteen words". The word "normally" leaves room for a longer title where the subject requires it, but the default is fifteen. A title should name what is specific to the invention, not only the general field.
Clause (b): what the abstract must contain
The abstract shall contain a concise summary of the matter contained in the specification. The summary shall indicate clearly:
- the technical field to which the invention belongs;
- the technical advancement of the invention as compared to the existing knowledge; and
- the principal use of the invention, excluding any speculative use.
Where necessary, the abstract shall also contain the chemical formula which characterises the invention.
Clause (c): the word limit
"The abstract may not contain more than one hundred and fifty words." The rule does not state whether the title is counted towards the 150 words. The text is silent on that point; a prudent drafter keeps the title and the abstract text together within the limit. See our guide on writing an abstract within 150 words.
If you would like the abstract and title checked against these clauses, our patent drafting and filing service can review them before filing.
Clause (d): the figure to accompany the abstract
If the specification contains a drawing, the applicant shall indicate on the abstract the figure, or exceptionally the figures, of the drawings which may accompany the abstract when published. Each main feature mentioned in the abstract and illustrated by a drawing shall be followed by the reference sign used in that drawing. The choice of figure matters because the abstract is what appears on publication; see our article on rules 24, 24A and 25 on publication.
Clause (e): an efficient search instrument
The abstract shall be drafted so that it constitutes an efficient instrument for the purposes of searching in the particular technical field, in particular by making it possible to assess whether there is a need to consult the specification itself.
| Clause | Requirement | Practical check |
|---|---|---|
| (a) | Starts with the title; title normally not more than 15 words | Does the title name specific features? |
| (b) | Technical field, technical advancement, principal use (no speculative use); chemical formula where necessary | Are all three points present? |
| (c) | Not more than 150 words | Is the count within the limit? |
| (d) | Indicate the figure; reference signs after features shown in it | Is a figure named, and are signs in parentheses or as in the drawing? |
| (e) | Efficient for searching | Would a searcher know whether to read the full specification? |
Clause (d) mentions reference signs but does not say they must be in parentheses; rule 13(4) uses parentheses in the claims. Follow the sign used in the drawing.
Rule 13(8): reference to the deposit of biological material
Section 10(4)(ii)(A) of the Act provides for a reference in the specification to the deposit of biological material; the Act article linked above explains when it applies. Rule 13(8) supplies the period: reference to the deposit shall be made in the specification within three months from the date of filing of the application.
A proviso says that, in the case of a request for publication under rule 24A, such reference shall be made on or before the date of filing of such request. The effect is that an applicant who asks for early publication cannot wait for the full three months: the reference must be in place by the date of the request.
Rule 13(8) does not name a depository authority or set out the form of the reference, and it does not say what follows if the reference is made late. For the Act's text on biological material, see the article linked above.
Fee point
A request for publication under section 11A(2) and rule 24A is entry 13 of the First Schedule as substituted in 2024 (Form 9). Since rule 13(8)'s proviso ties the deposit reference to the date of that request, applicants who plan early publication should schedule the deposit reference first. See rules 24, 24A and 25 for the request itself.
A worked example
Lumen Cell Labs files an application for a modified bacterial strain used in waste treatment. Its abstract begins with the title: "Modified bacterial strain for treating textile effluent", which has seven words and names a specific feature. The summary says the technical field is biological waste treatment, the advancement over earlier strains is faster breakdown of dyes, and the principal use is treatment of effluent. It does not mention speculative uses such as unrelated industries. The applicant picks Fig. 2 to accompany the abstract and follows each main feature with the reference sign in that figure.
Because the strain is a biological material that must be deposited, the specification must refer to the deposit within three months of filing. If the company decides to ask for early publication on day 40, the reference must be in the specification on or before the date of that request.
Need help with abstracts and deposits?
A clear abstract helps examiners and searchers understand the invention quickly, and a missed deposit reference can create avoidable objections. If you want your abstract, title and biological-material references reviewed together, you can talk to us about patent drafting and filing.
Key takeaways
- The abstract starts with the title, normally not more than fifteen words.
- It states technical field, technical advancement and principal use, without speculative use, and gives a chemical formula where needed.
- It may not exceed one hundred and fifty words.
- It names the figure to accompany it and follows main features with reference signs.
- It must work as a search instrument.
- The deposit reference is due within three months of filing, or by the date of a rule 24A request for publication.
- Check amendments after the Second Amendment Rules, 2024.
Read next
- Rule 13(1) to (6): specifications, Form 2, divisional and declaration of inventorship
- Rules 14 to 16: amendments to specifications, drawings and models
- Patent abstract: how to write within 150 words
- Section 10 of the Patents Act, 1970: claims, abstract and biological material
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.