Rule 29A 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 29A is a one-sentence rule with a large practical effect. It says that an applicant who wants to use the grace period in section 31 of the Patents Act, 1970 must make an application in Form 31 and pay the fee in the First Schedule. This article reads the rule together with the printed Form 31 and the fee entry.
Rule 29A was inserted by the Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024). An application to avail the period specified under section 31 must be filed in Form 31, along with the fees specified in the First Schedule. The form asks the applicant to pick the limb of section 31 that applies, to list the documentary evidence, and to undertake that the application is made not later than 12 months from the date the invention entered the public domain. The fee is entry 59 of Table I of the First Schedule as substituted in 2024.
What rule 29A says
The rule reads in full: "29A. Grace period. - An application to avail the period specified under section 31 shall be filed in Form 31, along with the fees specified in the First Schedule."
Three things follow from the wording. First, the rule is about an application; the grace period is not something the Controller applies on his own. Second, the vehicle is a prescribed form, not a letter or a paragraph in the specification. Third, the fee is not stated in the rule; it sits in the First Schedule, which is why the fee entry matters. The rule was not in the consolidated text of the Patents Rules, 2003 up to 21 September 2021; it came in with the 2024 amendment and has no sub-rules.
The Act provision behind it is section 31, which deals with anticipation of an invention by earlier display, publication or use in certain situations. For the section itself, see our guide on Sections 29-31 of the Patents Act, 1970. This article stays with the Rule and the form, and does not restate the Act text beyond what the form itself prints.
Who needs to read this
Rule 29A matters to anyone whose invention reached the public before a patent application was filed:
- a researcher who presented the work at an exhibition or demonstration;
- a founder whose prototype was shown at a trade fair or used by early customers;
- an academic who read a paper before a learned society or published it in its transactions;
- the patent agent or attorney who has to decide, before filing, whether the disclosure can still be saved.
If the invention is still confidential, there is nothing to claim under this rule. A good filing plan still begins with the application itself; see our service page on patent drafting and filing if you want the specification and the grace-period request prepared together.
The four limbs of Form 31
Form 31 is headed "Grace Period" and cites "See section 31 and rule 29A". Item 2 offers four applicable provisions: Section 31(a), 31(b), 31(c) and 31(d). Item 3 then lists what must be stated and submitted as evidence under each. The table below follows the printed wording.
| Limb | What the form asks the applicant to refer to |
|---|---|
| Section 31(a) | The earliest date of display or use; that the display occurred with the consent of the true and first inventor or a person deriving title from him; and that it occurred at an industrial or other exhibition to which section 31 has been extended by the Central Government by notification in the Official Gazette |
| Section 31(b) | The earliest date of publication or use; the documentary evidence for section 31(a); and evidence that the publication of any description of the invention occurred in consequence of the display or use stated in section 31(b) |
| Section 31(c) | The earliest date of use; the evidence for section 31(a) or (b); evidence of the use stated in section 31(c); and evidence or an affidavit that the use occurred without the consent of the true and first inventor or a person deriving title from him |
| Section 31(d) | The earliest date of description or publication; the description of the invention in a paper read by the true and first inventor before a learned society; or its publication by him or with his consent in the transactions of a learned society |
Under each limb the form leaves ruled space for "the following documentary evidence is submitted". A note says that evidence may also include an affidavit. A closing note says: "Select the options that are applicable." The form does not say what a particular exhibition notification, publication or affidavit should look like; the text is silent on that.
The undertaking and the 12-month statement
Item 4 of Form 31 is an undertaking. The applicant states that the invention was in the public domain from a date written in DDMMYYYY form and that "this application is made not later than 12 months from that date". The form specifies that date as the earliest date stated for section 31(a), (b), (c) or (d). The form then has the usual statement that the facts are true, followed by the date and, in item 5, the signature of the applicant or authorised agent, addressed to the Controller of Patents at the Patent Office.
Two points to note on this. The twelve-month figure is printed in the form, not in rule 29A itself, so an applicant should treat the form as part of the rule. And the form speaks of "this application"; it does not separately say which application number the grace-period request relates to, except that item 1 asks for the name, address, nationality and application number, with a sentence claiming "the benefit of grace period provided under section 31".
Fee for the grace period application
The fee is entry 59 of Table I of the First Schedule as substituted in 2024. It is described as "Grace period", relates to Form 31, and the amounts are:
| Mode | Natural person, startup, small entity or educational institution | Others |
|---|---|---|
| E-filing | Rs 500 | Rs 2,500 |
| Physical filing | Rs 550 | Rs 2,750 |
These figures are as per the First Schedule as substituted in 2024. Unlike some other heads in the same table, entry 59 shows an amount in the physical columns, so the head is allowed in physical mode, at the higher figure. Where a small entity, startup or educational institution takes the lower column, it must show its status in the way rule 7 and Form 28 require; see our guide on filing and payment of fees.
Practical example
Meera, a materials researcher at a private university, demonstrates a low-cost water filter at a notified industrial exhibition on 10 January. She did not file a patent application before the exhibition. In the following months she prepares her specification and files the patent application. Along with it, she wants to rely on section 31(a). She files Form 31, ticks section 31(a), states 10 January as the earliest date of display, confirms that the display was with her consent as the true and first inventor, and annexes the exhibition's notification and her stall record as evidence. She pays entry 59 in the educational institution column. Her undertaking in item 4 says the application is made not later than 12 months from 10 January.
If, instead, her colleague had read a paper on the same filter before a learned society, the relevant limb would be section 31(d), and the date and publication in the society's transactions would be the evidence.
Form 31 appears twice in the 2024 notifications
The Patents (Amendment) Rules, 2024 insert Form 31 for the Grace period. The Patents (Second Amendment) Rules, 2024 (G.S.R. 215(E), 16 March 2024) separately create a "Form 31" for a complaint under the new Chapter XIVA. Both notifications use the same number. The second notification recites that the Rules were last amended in 2021, so it does not take notice of the first. Both facts are stated here as printed; this article does not decide which number prevails. The practical step is to check the form name and the rule printed on the form (rule 29A for Grace period) before filing. For the complaint form, see our guide on adjudication of penalties and the complaint.
Timing
Neither rule 29A nor the form says at what stage of the application Form 31 must be filed. What is printed is the twelve-month undertaking, so plan to file well inside twelve months from the earliest public disclosure.
Need help with a grace period claim?
If your invention has already been displayed, published or used, the evidence has to be assembled before the form is filed. TaxClue can help you work out which limb of section 31 fits your facts, collect the supporting documents and file Form 31 with your application. Start with our patent drafting and filing service.
Key takeaways
- Rule 29A requires an application to avail the section 31 period to be filed in Form 31 with the First Schedule fee.
- Form 31 (Grace period) has four limbs, section 31(a) to 31(d), each with its own evidence list.
- The undertaking in the form says the application is made not later than 12 months from the earliest date of public disclosure.
- The fee is entry 59 of Table I as substituted in 2024: Rs 500 or Rs 2,500 in e-filing, Rs 550 or Rs 2,750 in physical filing.
- The number "Form 31" is also used in 2024 for the complaint under Chapter XIVA; check the form title before filing.
- Later amendments to the Rules, forms and fees should be checked.
Read next
- Sections 29-31 of the Patents Act, 1970: anticipation by publication, communication to Government and display
- Rule 34-37: substitution of applicants and numbering of patents
- Rule 24B: request for examination and first statement of objections
- 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.