Rules 34-37 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 34, 35 and 36 say how a claim or request under section 20 of the Patents Act, 1970 is made to the Controller. All three use Form 6. Rule 37 deals with the number a patent carries once granted. The article also records that rule 38 and the whole of Chapter V (rules 39 to 54) are omitted.
A claim under section 20(1) is made in Form 6, with the original assignment or agreement (or an official or notarized copy) produced for inspection (rule 34). A request under section 20(4), after the death of a joint applicant, is also in Form 6 with proof of death and of the legal representative's authority (rule 35). An application under section 20(5) is in Form 6 in duplicate with a statement of facts and the directions sought (rule 36). On grant, the application number becomes the serial number of the patent (rule 37).
Where these rules sit
Section 20 of the Act is about who may stand as the applicant when the original applicant's rights change hands, or when there are joint applicants. For the section itself, see our guide on Sections 18-20 of the Patents Act, 1970. The Rules supply only the procedure: which form, which papers, and who gets a copy.
The text of rules 34 to 37 in the consolidated Rules is short, and none of the four rules was changed by the 2024 amending rules. The only 2024 change that touches this area is in the First Schedule, whose substituted Table I carries the fee for Form 6 (entry 8, discussed below).
If the transfer of rights has been recorded in a deed, a good place to start is our guide on the patent assignment deed. If you want help preparing the claim and the supporting papers, see our patent assignment service.
Rule 34: a claim under section 20(1)
Rule 34 has two sub-rules.
- Sub-rule (1): "A claim under sub-section (1) of section 20 shall be made in Form 6."
- Sub-rule (2): "The original assignment or agreement or an official copy or notarized copy thereof shall also be produced for the Controller's inspection and the Controller may call for such other proof of title or written consent as he may require."
Two practical points come out of the text. The Controller is entitled to see the original document, or an official or notarized copy of it, so a plain photocopy is not what the rule names. And the sub-rule lets the Controller call for other proof of title or written consent. The rule does not list what that other proof may be, and the text is silent on any time limit for producing it.
Rule 35: a request under section 20(4)
Rule 35 concerns a request under sub-section (4) of section 20, and rule 35(2) shows the situation it is made for: a joint applicant has died.
- Sub-rule (1): the request "shall be made in Form 6".
- Sub-rule (2): the request "shall be accompanied by proof of death of the joint applicant and a certified copy of the probate of the will of the deceased or letters of administration in respect of his estate or any other document to prove that the person who gives the consent is the legal representative of the deceased applicant."
So the papers are of two kinds: proof that the joint applicant has died, and proof that the person who is giving consent is the legal representative. The rule names three ways to show the second point: a certified copy of the probate of the will, letters of administration, or any other document that proves the same thing.
Rule 36: an application under section 20(5)
Rule 36 deals with an application under sub-section (5) of section 20.
- Sub-rule (1): the application "shall be made in Form 6 in duplicate and shall be accompanied by a statement setting out fully the facts upon which the applicant relies and the directions which he seeks."
- Sub-rule (2): "A copy of the application and statement shall be sent by the Controller to every other joint applicant."
Here, unlike rules 34 and 35, the rule asks for duplicate copies, and for a statement of facts that also says what directions the applicant wants. The second copy is what the Controller sends on to the other joint applicants, so they know of the application and the facts relied on. The rule does not say what the other joint applicants may then do or by what date; the text is silent on that.
The three rules side by side
| Rule | Section 20 provision | Form | What goes with it | What the Controller does |
|---|---|---|---|---|
| 34 | Claim under 20(1) | Form 6 | Original assignment or agreement, or an official or notarized copy, for inspection | May call for other proof of title or written consent |
| 35 | Request under 20(4) | Form 6 | Proof of death of the joint applicant; probate, letters of administration or other document showing the person consenting is the legal representative | Text silent |
| 36 | Application under 20(5) | Form 6, in duplicate | Statement of facts relied on and directions sought | Sends a copy of the application and statement to every other joint applicant |
Fee for Form 6
The fee is entry 8 of Table I of the First Schedule as substituted in 2024. Entry 8 has two parts: (i) on a claim under section 20(1); and (ii) on a request for direction under section 20(4) or 20(5). Both parts show the same amounts, as per the First Schedule as substituted in 2024:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 800 | Rs 880 |
| Others | Rs 4,000 | Rs 4,400 |
Both modes are allowed for this head. The reduced column is available only to the categories named in it; for what each category means, see the Rules' definitions as discussed in our other rule-wise articles.
Rule 37: how a granted patent is numbered
Rule 37 reads: "On the grant of a patent, the application shall be accorded a number (called serial number) in the series of numbers accorded to patents under the Indian Patents and Designs Act, 1911 (2 of 1911), which shall be the number of the patent so granted."
The point of the rule is continuity. The patent number is a serial number that continues the series used under the older Act of 1911. It is accorded at grant; before grant, an application is identified by its application number. For what happens at grant, see our guide on grant of patents. The rule says nothing about the form in which the number is printed on the certificate.
Omitted rules: rule 38 and Chapter V
After rule 37 the printed Rules go straight to Chapter VI. Rule 38 and the whole of Chapter V, that is rules 39 to 54, are shown as omitted in the contents of the consolidated text and do not appear in the body. Nothing is left to apply from them, and the text does not say when they were omitted.
A short example
Anil and Bharat file a joint application for a sensor design. Before grant, Anil assigns his share to a company by a written deed. The company wants to be treated as an applicant in his place. It files a claim in Form 6 and brings the original deed (or an official or notarized copy) for inspection; the Controller may ask for more proof of title or written consent. In a different case, Bharat dies. His legal representative must give the consent that section 20(4) contemplates, and files the request in Form 6 with proof of death and the probate or letters of administration. If Anil and Bharat instead cannot agree on how to proceed, one of them applies under section 20(5) in Form 6 in duplicate, setting out the facts and the directions sought; the Controller sends the other a copy.
Need help with a change of applicant?
Transfers before grant go wrong most often on paperwork: a missing signature, a copy instead of the original, or no proof that the person consenting is the heir. TaxClue can review your assignment and prepare the Form 6 papers; see our patent assignment service.
Key takeaways
- Rules 34, 35 and 36 all use Form 6, for claims and requests under section 20(1), (4) and (5).
- Rule 34 requires the original assignment or agreement, or an official or notarized copy, for inspection.
- Rule 35 needs proof of death and proof that the consenting person is the legal representative.
- Rule 36 needs two copies and a statement of facts and directions; the Controller sends a copy to the other joint applicants.
- Fee: entry 8 of Table I as substituted in 2024, Rs 800 or Rs 4,000 in e-filing, Rs 880 or Rs 4,400 in physical filing.
- Rule 37 gives a granted patent the serial number in the series used under the 1911 Act; rule 38 and rules 39 to 54 are omitted.
Read next
- Sections 18-20 of the Patents Act, 1970: anticipation, potential infringement and substitution of applicants
- Rule 29A: grace period application in Form 31
- Rule 55: pre-grant opposition, representation and procedure
- Patent assignment vs licence: key differences
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.