Rule 130 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 130 gives a party two routes back to the Controller after an adverse outcome: an application for review of a decision, and an application to set aside an order passed ex parte, that is, in the party's absence. Both are made in Form 24 within one month, and the Controller may allow one more month on a request in Form 4.
Review of a decision under section 77(1)(f) and setting aside of an ex parte order under section 77(1)(g) are both applied for in Form 24 within one month from the date of communication of the decision or order. The Controller may allow a further period not exceeding one month on a request in Form 4. Each application must carry a statement of the grounds. If the decision or order concerns another person, the Controller forthwith transmits a copy of the application and statement to that person. As per the First Schedule as substituted in 2024, the Form 24 fee is Rs 1600 (e-filing) or Rs 1750 (physical) for the first applicant column.
The Act behind this rule
Clauses (f) and (g) of sub-section (1) of section 77 of the Patents Act, 1970 give the Controller the powers of a civil court for reviewing his decision and setting aside an ex parte order; see our guide on Sections 77-78: the Controller's powers of a civil court and correction of clerical errors. Hearings that may lead to an ex parte order are discussed in our article on Rules 128-129A.
If you have received an adverse order and the clock is running, our patent hearing support team can help you assess whether review or setting aside is the right step.
Sub-rule (1): review of a decision
An application to the Controller for review of his decision under clause (f) of sub-section (1) of section 77 shall be made:
- in Form 24;
- within one month from the date of communication of the decision to the applicant, or within such further period not exceeding one month thereafter as the Controller may allow on a request made in Form 4; and
- accompanied by a statement setting forth the grounds on which the review is sought.
Where the decision concerns any other person in addition to the applicant, the Controller shall forthwith transmit a copy of the application and of the statement to that other person.
Sub-rule (2): setting aside an ex parte order
An application for setting aside an order passed by him ex parte under clause (g) of sub-section (1) of section 77 shall be made:
- in Form 24;
- within one month from the date of communication of the order to the applicant, or within such further period not exceeding one month as the Controller may on a request made in Form 4 allow; and
- accompanied by a statement setting forth the grounds on which the application is based.
Where the order concerns any other person in addition to the applicant, the Controller shall forthwith transmit a copy each of the application and the statement to that person.
Review and setting aside compared
| Point | Sub-rule (1) review | Sub-rule (2) setting aside |
|---|---|---|
| Subject | Controller's decision | Order passed ex parte |
| Section 77(1) clause | (f) | (g) |
| Form | 24 | 24 |
| Time | One month from communication | One month from communication |
| Further time | Up to one month more, on Form 4 | Up to one month more, on Form 4 |
| Accompanying paper | Statement of grounds | Statement of grounds |
| Other persons | Copy sent forthwith | Copy sent forthwith |
The clock runs from communication to the applicant, not from the date on which the decision is written. The Rules do not say how communication is proved; see our article on Rules 5-6 for service of documents.
Form 24 and Form 4
The Second Schedule list of forms ties Form 24 to "Sections 77(1)(f), 77(1)(g) and rules 130(1) and 130(2)", titled "Application for review / setting aside controller's decision / order". The text of Form 24 is not printed in the Rules, so we do not describe its fields.
Form 4, as substituted in 2024, is titled "Request for extension of time or condonation of delay" and its list entry now names rule 130 among others (sections 53(2) and 142(4), rules 12(5), 13(6), 24B(6), 24C(11), 80(1A), 130 and 138). Our article on Rule 138 explains the Form 4 itself and the new general power to extend time.
Fees as per the First Schedule as substituted in 2024
| Entry | Head | Form | Natural person, startup, small entity or educational institution: e-filing | Same: physical | Others: e-filing | Others: physical |
|---|---|---|---|---|---|---|
| 40 | Application for review or setting aside the decision or order of the Controller under section 77(1)(f) or 77(1)(g) | 24 | Rs 1600 | Rs 1750 | Rs 8000 | Rs 8800 |
| 4(i) | Request for extension of time under sections 53(2) and 142(4), rules 13(6), 80(1A) and 130, per month | 4 | Rs 480 | Rs 530 | Rs 2400 | Rs 2600 |
Both modes are allowed for both heads. Entry 4(i) is "per month", so a request for the extra month in rule 130 is charged at the monthly rate.
How rule 130 meets the 2024 amendments
Two 2024 changes touch rule 130, and the Rules do not reconcile them in terms:
- Rule 137(2). The Patents (Amendment) Rules, 2024 numbered the old rule 137 as sub-rule (1) and added a sub-rule (2), which lists matters to which sub-rule (1) does not apply. Item (viii) is "sub-rules (1) and (2) of rule 130". Rule 137(1) lets the Controller correct an irregularity in procedure that can be obviated without detriment to anyone; so an irregularity in the timing of a rule 130 application is not something rule 137(1) may be used to cure. See our article on Rules 137-139.
- Rule 138. The old rule 138 (now replaced) excluded sub-rules (1) and (2) of rule 130 from its one-month extension. The new rule 138, substituted in 2024, allows the Controller to extend time or condone delay for up to six months on a request in Form 4, "notwithstanding anything contained in these rules". The new text contains no list of excluded rules, but rule 130 has its own one-month extension through Form 4. How the two operate side by side is not spelled out; the text is silent, so check the Controller's current practice before relying on a longer period.
What changed in 2024
Rule 130 itself was not amended; the changes are in rules 137 and 138, the Form 4 entry and the fee table.
Practical example
On 4 June the Controller refuses Vertex Polymers Pvt Ltd's application after a hearing. The decision is communicated the same day. The company wants a review under section 77(1)(f). It must file Form 24 with a statement of grounds by 4 July. On 2 July it realises it needs a few more days; it files a request in Form 4 and may be allowed a further period not exceeding one month. A competitor that had filed a representation against the application is also concerned by the decision, so the Controller forthwith sends it a copy of the application and the statement. Had the order been made in the company's absence at a hearing it did not attend, rule 130(2) would apply in the same way, with the same one-month period.
Need help with a review or an ex parte order?
The time limits in rule 130 are short. Our patent hearing support service can help you prepare Form 24, the statement of grounds and, where needed, the Form 4 request.
Key takeaways
- Rule 130(1): review under section 77(1)(f). Rule 130(2): setting aside an ex parte order under section 77(1)(g).
- Both: Form 24, within one month from communication, with a statement of grounds.
- A further period of not more than one month can be allowed on a request in Form 4.
- Where another person is concerned, the Controller forthwith sends a copy of the application and statement.
- Entry 40 (as substituted in 2024): Rs 1600 e-filing, Rs 1750 physical for the first column; Rs 8000 and Rs 8800 for others.
- Rule 137(2) excludes rule 130(1) and (2) from rule 137(1); the relation with the new rule 138 is not spelled out.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 128–129A: directions, discretionary power and adjournment of hearing
- Rule 131: statement of working of patents in Form 27
- Rule 138: extension of time and condonation of delay
- 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.