Rules 24 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 24, 24A and 25 carry out section 11A of the Patents Act, 1970 on the publication of applications. Rule 24 sets the period for which an application is ordinarily not open to the public and the time within which the Controller publishes it. Rule 24A prescribes Form 9 for a request for early publication. Rule 25 says how published applications are identified.
An application is not ordinarily open to the public for eighteen months from the date of filing or the date of priority, whichever is earlier (rule 24). The Controller ordinarily publishes it in the journal within one month from the end of that period, or within one month from a request for publication. A request for early publication is made in Form 9 (rule 24A). A published application is identified by the letter 'A' with the application number (rule 25).
Rule 24: the eighteen months and the one-month publication period
Rule 24 works with section 11A(1) of the Act and fixes the period: "The period for which an application for patent shall not ordinarily be open to public under sub-section (1) of section 11A shall be eighteen months from the date of filing of application or the date of priority of the application, whichever is earlier."
So the count starts from the earlier of the filing date and the priority date. If an Indian application claims a priority date a year before it was filed in India, the eighteen months run from that earlier priority date, not from the Indian filing. For the Act's text on publication, see our article on section 11A of the Patents Act, 1970.
The proviso. The period within which the Controller shall publish the application in the journal shall ordinarily be one month from the date of expiry of said period, or one month from the date of request for publication under rule 24A. The word "ordinarily" matters: the Rules treat the one-month period as the normal expectation, not a fixed day.
If you are planning the filing timeline for an invention, including when the application will become public, our patent drafting and filing service can map the dates for you.
Rule 24A: request for publication in Form 9
Rule 24A has one sentence: a request for publication under sub-section (2) of section 11A shall be made in Form 9. The Second Schedule list describes Form 9 as the "Request for publication", tied to section 11A(2) and rule 24A. The text of Form 9 is not printed in the sources used for this series, so its entries are not described here.
For a general walk-through of the filing, see our guide on how to file Form 9.
Fee
As per the First Schedule as substituted in 2024, entry 13 (request for publication under section 11A(2) and rule 24A, Form 9) is 2500 in the e-filing column for a natural person, startup, small entity or educational institution, and 12500 for others; in physical filing the amounts are 2750 and 13750. The table shows the physical-mode figures with the ten per cent addition; see our article on rule 7 for how the columns work.
How the early request interacts with other rules
- Biological material. Under the proviso to rule 13(8), where a request for publication is made under rule 24A, the reference to the deposit of biological material must be made on or before the date of the request. See our article on rule 13(7) and (8).
- Expedited examination. Under rule 24C(3), except where the application has already been published under section 11A(2) or a request for publication has already been filed, a request for expedited examination must be accompanied by a request for publication under rule 24A. See our article on rule 24C.
- The abstract. The abstract, with the figure indicated under rule 13(7)(d), is what goes with the publication.
Rule 25: identifying published applications
"Publication of application under sub-sections (2) and (5) of section 11A shall be identified by the letter 'A' along with the number of application." Sub-section (2) covers publication on request, and sub-section (5) is the other publication provision named in the rule. The letter 'A' with the application number is the identifier. The rule does not describe the number format.
| Rule | Subject | Key content |
|---|---|---|
| 24 | Period of non-publication | Eighteen months from the earlier of filing date and priority date |
| 24 (proviso) | Time to publish | Ordinarily one month from expiry of the period, or one month from the request under 24A |
| 24A | Request for publication | Form 9 under section 11A(2) |
| 25 | Identification | Letter 'A' with the number of the application |
A worked example
Delta Pumps Pvt Ltd files an application on 1 February without any foreign priority. Under rule 24 it is not ordinarily open to the public for eighteen months from 1 February. The Controller ordinarily publishes it within one month from the end of that period.
In another case, Sera Diagnostics wants its application public sooner, since it plans to approach investors and to ask for expedited examination. It files Form 9 under rule 24A with the fee under entry 13. The Controller ordinarily publishes it within one month from the date of the request. The published application is identified by 'A' and the application number. Sera must also make sure the deposit reference under rule 13(8), if relevant, is in the specification on or before the date of its Form 9.
What the rules do not say
The Rules do not state what happens to the application after publication in terms of public inspection; that is the subject of rule 27, covered in our article on rules 26 and 27. They also do not list conditions for refusing a Form 9 request; the Controller's timing under rule 24 is described as "ordinarily". Check the Act text and current practice for any condition on early publication.
Link to the next stages
After publication, a request for examination must be made within the period in rule 24B; see our article on rule 24B and our overview of the patent examination process.
Need help with publication timing?
Publishing early can be useful for some applicants, and it changes the timeline for the deposit reference and for expedited examination. If you want help choosing whether and when to ask for publication, you can speak to us about patent drafting and filing.
Key takeaways
- The ordinary non-publication period is eighteen months from the earlier of the filing date and priority date.
- The Controller ordinarily publishes within one month from the end of the period or from a request for publication.
- Early publication is requested in Form 9; entry 13 of the 2024 First Schedule shows the fee.
- The deposit reference under rule 13(8) must be made on or before the request date.
- A request for expedited examination must be accompanied by a publication request unless the application is already published or a request is already filed.
- Published applications carry the letter 'A' with the application number.
- Check amendments after the Second Amendment Rules, 2024.
Read next
- Rule 24B: request for examination and first statement of objections
- Rule 24C: expedited examination of patent applications
- Section 11A of the Patents Act, 1970: publication of applications
- Patent filing timeline: from idea to grant
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.