Rules 26 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 26 prescribes Form 29 for a request to withdraw a patent application under section 11B(4). Rule 27 lets anyone inspect a published application and its documents at the appropriate office, on payment of the fee, and obtain copies on payment of the First Schedule fees. Read with rule 7(4A) and Table II of the First Schedule, rule 26 also leads to a partial refund of the examination fee.
A request for withdrawing the application under section 11B(4) is made in Form 29 (rule 26). Where a request for examination has been filed and the application is withdrawn before the first statement of objections issues, the fee may be refunded to the extent in the First Schedule: 90% of the fee paid for the request for examination or expedited examination (rule 7(4A) and Table II). After publication under section 11A, the application, specifications, drawings, abstract and other documents may be inspected at the appropriate office on a written request and payment of the fee (rule 27).
Rule 26: request for withdrawal
Before withdrawing, it helps to know where the application stands; our patent examination request service can review the position and prepare Form 29.
The whole rule reads: "A request for withdrawing the application under sub-section (4) of section 11B shall be made in Form 29." The Second Schedule list describes Form 29 as the "Request for withdrawal of patent application". The text of Form 29 is not printed in the sources used for this series, so its entries are not described here. For the Act, see our article on section 11B of the Patents Act, 1970.
Fee. As per the First Schedule as substituted in 2024, entry 56 (application for withdrawing the application under section 11B(4) and rules 7(4A) and 26, Form 29) carries no fee in any column.
Slips in the printed references. The list of Forms ties Form 29 to "Section 118(4)", where the rule itself says section 11B(4). It also cites rule 24C(5), whose text deals with the referral of an expedited request to the examiner and does not mention withdrawal. The fee table's entry 56 cites section 11B(4), matching rule 26. The Rules are read as printed, with the section 11B(4) reference in rule 26 as the operative one.
The refund link: rule 7(4A) and Table II
Rule 7(4) says fees once paid are not ordinarily refunded. Rule 7(4A) makes an exception: notwithstanding sub-rule (4), upon the withdrawal of an application in respect of which a request for examination has been filed, but before issuance of the first statement of objection, the fee may be refunded to the extent prescribed in the First Schedule on a request made by the applicant in Form 29.
Table II of the First Schedule (Fees refundable), which the 2024 amendments did not touch, reads: refund of fees under sub-rule (4A) of rule 7 is 90% of the fee paid for request for examination or request for expedited examination.
| Situation | Position |
|---|---|
| Request for examination filed, application withdrawn before first statement of objections | Refund of 90% of the examination fee on a Form 29 request (rule 7(4A), Table II) |
| Withdrawn after the first statement of objections has issued | Rule 7(4A) does not apply by its terms; rule 7(4) says fees are not ordinarily refunded |
| Fee paid twice online for the same proceeding | Excess refunded under the proviso to rule 7(4) |
If you are thinking of withdrawing, the timing matters: the refund depends on acting before the first statement of objections. Our article on rule 7 explains the other refund and payment rules.
The reference to "request for examination" carries the rule 2(db) meaning, covering both rule 24B and rule 24C requests.
Rule 27: inspection and supply of published documents
The text: "After the date of publication of the application under section 11A, the application together with the complete specification and provisional specification, if any, the drawing, if any, the abstract and any other document filed in respect of the application may be inspected at the appropriate office by making a written request to the Controller on payment of the fee in that behalf and copies thereof may be obtained on payment of fees specified in the First Schedule."
Four points follow.
- Timing. Inspection is available only after publication under section 11A. Before publication, the rule gives no right of inspection.
- What can be inspected. The application, complete and provisional specifications, drawings, abstract and any other document filed in respect of the application.
- How. At the appropriate office (see rules 3 and 4), by a written request to the Controller, with the fee.
- Copies. Available on payment of the First Schedule fees.
Fees for inspection and copies
As per the First Schedule as substituted in 2024, entry 45 (request for inspection of register under section 72, inspection under rule 27 or rule 74A) is 320 in the e-filing column for a natural person, startup, small entity or educational institution and 1600 for others; physical filing is 350 and 1750. Entry 49 (supplying photocopies of documents, per page) is 10 in every column. Certified copies are covered by other entries of the table; read the table itself for them.
The rule does not name who may inspect; it does not list documents exempt from inspection; and it does not name any time limit for the Controller to permit inspection. For the register and its inspection, see the Patents Act article on rectification of the register and inspection under sections 71 and 72.
A worked example
Bharat Textile Chemicals filed a request for examination of its application. A month later it decides not to pursue the patent. Before any first statement of objections issues, it files Form 29 under rule 26 with no fee under entry 56, asking for withdrawal and for a refund under rule 7(4A). As per Table II, 90% of the fee paid for the request for examination is refundable.
Had the first statement of objections already issued, rule 7(4A) would not apply and the examination fee would not ordinarily be refunded under rule 7(4).
A competitor's attorney later wants to see what was filed. Once the application is published under section 11A, the attorney can make a written request to the Controller at the appropriate office, pay the inspection fee (entry 45) and ask for copies on payment of the First Schedule fees.
Practical checklist
- Check whether a request for examination has been filed and whether the first statement of objections has issued.
- If withdrawing before that point, file Form 29 and ask for the refund under rule 7(4A).
- Keep proof of the date of the request and the date of the statement of objections.
- For inspection, wait for publication under section 11A, then write to the Controller at the appropriate office and pay the fee.
Need help with withdrawal or access to records?
Withdrawing an application is a final step and the refund depends on timing. If you want your position reviewed before you act, you can speak to us about patent examination request support.
Key takeaways
- A withdrawal request under section 11B(4) is made in Form 29.
- As per the 2024 First Schedule, Form 29 carries no fee (entry 56).
- Refund under rule 7(4A) needs withdrawal after a request for examination but before the first statement of objections.
- Table II refunds 90% of the fee for the request for examination or expedited examination.
- Inspection under rule 27 is available only after publication, on written request and fee.
- Check amendments after the Second Amendment Rules, 2024.
Read next
- Rule 24B: request for examination and first statement of objections
- Rule 7: fees, mode of payment and refund
- Rule 28: anticipation by prior publication and hearing
- Patent examination process: request, FER, 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.