Rules 137 and 139 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 137 lets the Controller amend a document for which the Act makes no special provision and correct a procedural irregularity that can be put right without harming anyone. Since March 2024 it has a second sub-rule listing matters where that power does not apply. Rule 139 makes certain disputed hearings public. Rule 138 has its own article.
Rule 137(1): any document for the amendment of which no special provision is made in the Act may be amended, and any irregularity in procedure that in the Controller's opinion may be obviated without detriment to the interests of any person may be corrected, if he thinks fit and on terms he directs. Rule 137(2) (inserted in 2024) says sub-rule (1) does not apply to nine listed matters, such as the Form 3 extension, the national phase time, the request for examination periods and the Form 27 timing. Rule 139: a hearing of a dispute between two or more parties after publication of the complete specification is in public unless the Controller, after consulting the parties who appear, directs otherwise.
The Act behind these rules
Rules 137 and 139, with rules 126 to 129A, 136 and 138, serve sections 79, 80 and 81 of the Patents Act, 1970; see Sections 79-81: evidence, discretionary powers and extension of time. Hearings in contested matters are also treated in our post on the patent examination process, request, FER and hearing.
If you are preparing for a hearing or need to know whether an error in your own filing can be cured, our patent hearing support team can help.
Rule 137(1): amending documents and correcting irregularities
"Any document for the amendment of which no special provision is made in the Act may be amended and any irregularity in procedure which in the opinion of the Controller may be obviated without detriment to the interests of any person, may be corrected if the Controller thinks fit and upon such terms as he may direct."
Two powers sit in this sentence:
- Amendment of a document for which the Act makes no special provision. Where the Act has a special provision (for example, amendment of an application or specification), that provision governs instead. Our article on Rules 81-83 covers the formal amendment route.
- Correction of an irregularity in procedure. The test is that, in the Controller's opinion, the irregularity may be obviated without detriment to the interests of any person.
Both are discretionary ("may", "if the Controller thinks fit") and can be made subject to terms. The rule does not define "irregularity in procedure" and does not set a form or fee for asking.
Rule 137(2): the 2024 list of exclusions
The Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024) renumbered the existing text as sub-rule (1) and inserted sub-rule (2). It reads that the provisions of sub-rule (1) "shall be not be applicable" (a drafting slip: "not be" is repeated) for matters related to:
| Item | Matter excluded from sub-rule (1) |
|---|---|
| (i) | Extension of time or condonation of delay under sub-rule (5) of rule 12 |
| (ii) | Clause (i) of sub-rule (4) and sub-rule (6) of rule 20 |
| (iii) | Rule 21 |
| (iv) | Sub-rules (1), (5) and (6) of rule 24B |
| (v) | Sub-rules (10) and (11) of rule 24C |
| (vi) | Sub-rule (4) of rule 55 |
| (vii) | Sub-rule (1A) of rule 80 |
| (viii) | Sub-rules (1) and (2) of rule 130 |
| (ix) | Sub-rule (2) of rule 131 |
In plain terms, the provisions on this list cannot be cured through rule 137(1). Three of them are the Form 3 extension under rule 12(5) (see Rule 12), the one-month review and setting-aside periods in rule 130 (see Rule 130) and the Form 27 timing in rule 131(2) (see Rule 131). The remaining items are the named provisions of rules 20, 21, 24B, 24C, 55 and 80, which we explain in our rule-wise articles on those rules.
Note that several items are the same ones that the old rule 138(1) had excluded from its one-month extension. The new rule 138 gives a general extension of up to six months on Form 4; see Rule 138. The Rules do not state in terms how rule 137(2) and the new rule 138 interact for the listed periods, and the text is silent on it.
Rule 139: public hearing
"Where the hearing before the Controller of any dispute between two or more parties relating to an application for a patent or to any matter in connection with a patent takes place after the date of the publication of the complete specification, the hearing of the dispute shall be in public unless the Controller, after consultation with the parties to the dispute who appear in person or are represented at the hearing, otherwise directs."
Reading it closely:
- It applies to a dispute between two or more parties. A single-party examination hearing is outside its wording.
- The dispute can relate to an application for a patent or to any matter in connection with a patent.
- The hearing must take place after publication of the complete specification. Before that date, the rule does not make the hearing public.
- The default is public. The Controller can direct otherwise, but only after consulting the parties who appear in person or are represented.
The rule does not say what grounds may justify a direction against a public hearing.
The two rules together
| Question | Rule 137 | Rule 139 |
|---|---|---|
| Subject | Amendment of documents; procedural irregularities | Whether a hearing is public |
| Who decides | Controller, if he thinks fit and on terms | Controller, after consulting the parties, may direct otherwise |
| Default | No amendment or correction unless the Controller exercises the power | Public hearing |
| Limit | Not for the nine matters in sub-rule (2); irregularity must be curable without detriment to any person | Only after publication of the complete specification; only disputes between two or more parties |
What changed in 2024
Rule 137 was renumbered as sub-rule (1) and sub-rule (2) was inserted. Rule 139 was not amended. No fee is shown for either rule in Table I of the First Schedule as substituted in 2024.
Practical example
Prism Optics Pvt Ltd files a document with the Controller and later notices that it was filed with a formal irregularity that nobody objects to: a missing page number in an annexure. It asks the Controller to correct the irregularity; he considers it can be obviated without detriment to the interests of any person, and allows it on terms. Separately, Prism Optics missed the time for a statement of working under rule 131(2); rule 137(1) cannot be used for that, because rule 137(2)(ix) excludes it, and the route is the Form 4 proviso in rule 131(2). Later, in a pre-grant dispute with a rival after publication of the complete specification, the hearing is held in public, since neither party asked the Controller to direct otherwise.
Need help with a hearing or a procedural problem?
Knowing which route is open, correction under rule 137, an extension on Form 4 or a review under rule 130, can decide the outcome. Our patent hearing support service can help you choose and prepare.
Key takeaways
- Rule 137(1): the Controller may amend a document not covered by a special provision in the Act and correct an irregularity that can be obviated without detriment to any person, if he thinks fit and on terms.
- Rule 137(2), inserted in 2024: sub-rule (1) does not apply to nine listed matters, including rule 12(5), rule 20, rule 21, rule 24B, rule 24C, rule 55(4), rule 80(1A), rule 130 and rule 131(2).
- Rule 139: a hearing of a dispute between two or more parties after publication of the complete specification is in public unless the Controller, after consulting the parties who appear, directs otherwise.
- Rule 138 has its own article.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rule 138: extension of time and condonation of delay
- Rules 128–129A: directions, discretionary power and adjournment of hearing
- Rule 136: scale of costs and the Fourth Schedule
- Rules 81–83: amendment of application and specification
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.