Rule 55 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 55 is the procedure for a pre-grant opposition. It tells the opponent how to file the representation under section 25(1) of the Patents Act, 1970, tells the Controller what to do with it, and gives the applicant a period to answer. The Patents (Amendment) Rules, 2024 rewrote sub-rule (3), shortened the period in sub-rule (4) and added sub-rules (5A) and (5B).
A representation under section 25(1) is filed in Form 7(A) at the appropriate office, with a copy to the applicant. No patent is granted before six months from publication under section 11A. The Controller considers the representation only after a request for examination is filed. If a prima facie case is made out, the Controller passes an order within one month and notifies the applicant, who then has two months to file a statement and evidence. The Controller decides the application and the representation together by a speaking order.
Who this affects
Rule 55 matters to anyone who wants to oppose a published application before grant, to an applicant who has received a representation against his application, and to agents advising either side. It covers the pre-grant stage only. Opposition after grant is under section 25(2) and is dealt with in rules 55A to 62; see our article on the notice of post-grant opposition and the Opposition Board.
For the Act provision, see our guide on pre-grant opposition under section 25(1). If you are drafting or answering a representation and need support at the Patent Office, see our legal dispute resolution service.
Sub-rule (1): filing the representation
"Representation for opposition under sub-section (1) of section 25 shall be filed in Form 7(A) at the appropriate office with a copy to the applicant, and shall include a statement and evidence, if any, in support of the representation and a request for hearing, if so desired."
So the representation carries three things: the statement of grounds, evidence if any, and a request for a hearing if the opponent wants one. A copy goes to the applicant. The Rules write the form as "Form 7(A)"; the Second Schedule and the fee table call it Form 7A. The two are the same form; the difference is a drafting inconsistency in the printed text.
Sub-rule (1A): the six-month bar
"Notwithstanding anything contained in sub-rule (1), no patent shall be granted before the expiry of a period of six months from the date of publication of the application under section 11A." This gives a would-be opponent a minimum window after publication. For publication, see our guide on publication of applications under section 11A.
Sub-rule (2): request for examination first
"The Controller shall consider such representation only when a request for examination of the application has been filed." A representation can be filed without waiting, but it is considered only once the applicant, or someone else entitled to do so, has requested examination.
Sub-rule (3): the Controller's first look (substituted in 2024)
The 2024 text replaces sub-rule (3). On consideration of the representation, the Controller must decide whether a prima facie case is made out.
| Controller's view | What follows |
|---|---|
| No prima facie case | He notifies the opponent. If the opponent does not ask to be heard, he passes an order recording the grounds for refusal of the representation within one month from the date of notification. If the opponent asks for a hearing, he gives an opportunity of being heard and passes an order within one month from the date of hearing, recording reasons for refusal or prima facie acceptance; the applicant is notified accordingly |
| Prima facie case made out | Within one month of receiving the representation, he passes an order recording his reasons and notifies the applicant |
The earlier text only provided for a notice to the applicant where the Controller thought the application should be refused or the specification amended. The new text puts a filter in the process: a representation without a prima facie case can be disposed of at this stage.
Sub-rule (4): the applicant's reply
"On receiving the notice under sub-rule (3), the applicant shall, if he so desires, file his statement and evidence, if any, in support of his application within two months from the date of the notice, with a copy to the opponent." The 2024 Rules changed "three months" to "two months". One drafting point: the substituted sub-rule (3) speaks of an order and notification, while sub-rule (4) still says "notice under sub-rule (3)"; the text is not changed to match.
Sub-rules (5), (5A) and (5B): hearing and decision
Sub-rule (5) lists what the Controller considers: the applicant's statement and evidence, the representation with the opponent's statement and evidence, the submissions of the parties, and the hearing if requested. He may then do one of three things: reject the representation; require the complete specification and other documents to be amended to his satisfaction before the patent is granted; or refuse to grant a patent on the application. He does so by "a speaking order to simultaneously decide on the application and the representation ordinarily within one month from the completion of above proceedings."
Sub-rule (5A), inserted in 2024: "The procedure specified in sub-rules (2) to (4) of rule 62 shall, as far as may be, apply to the procedure for hearing under this rule." For the hearing rule, see our article on rule 62 and the hearing of opposition.
Sub-rule (5B), inserted in 2024: an application in which a representation has been filed and notice issued by the Controller "under rule 3" shall be examined in accordance with rule 24C. The notice meant is the one under sub-rule (3) of rule 55; "rule 3" is a slip in the printed text. Rule 24C is the expedited examination rule; see our article on expedited examination under rule 24C.
Sub-rule (6) is shown as omitted.
Fee
The representation under section 25(1), Form 7A, is entry 9(ii) of Table I of the First Schedule as substituted in 2024. As per the First Schedule as substituted in 2024:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 4,000 | Not allowed |
| Others | Rs 20,000 | Not allowed |
The head is therefore allowed only in electronic mode.
Practical example
A start-up, Lumen Cells Pvt Ltd, finds that a competitor's application for a battery separator was published on 1 March. Lumen believes it lacks novelty. It files a representation in Form 7A on the portal, pays the electronic fee, attaches its prior-art documents, copies the applicant and asks for a hearing. Nothing happens until the applicant files a request for examination, because the Controller considers the representation only then. When it is taken up, the Controller finds a prima facie case. Within one month of receiving the representation he passes an order giving reasons and notifies the applicant. The applicant has two months from the notice to file a statement and evidence, copied to Lumen. After a hearing conducted on the lines of rule 62(2) to (4), the Controller passes one speaking order on both the application and the representation.
What the Rules leave open
The text does not set a period for the opponent to file the representation beyond the six-month bar, does not say what "prima facie" requires, and does not state what happens if the applicant files nothing within two months. Those are matters for the Act and for the Controller's practice. Later amendments should be checked.
Need help with a pre-grant opposition?
A representation has to be drafted, supported by evidence and filed in the right mode. TaxClue can help with the drafting and with the hearing stage; see our legal dispute resolution page. Our model pre-grant opposition petition may help you structure the grounds.
Key takeaways
- Rule 55 governs pre-grant representations under section 25(1) and is filed in Form 7(A).
- No patent is granted before six months from publication under section 11A.
- The Controller considers the representation only after a request for examination.
- Since 2024 the Controller first tests for a prima facie case and passes an order within one month.
- The applicant has two months (earlier three) to file a statement and evidence.
- Fee: entry 9(ii), Rs 4,000 or Rs 20,000, electronic filing only.
Read next
- Pre-grant opposition to a patent: section 25(1)
- Rule 55A-56: notice of post-grant opposition and the Opposition Board
- Rule 62: hearing of opposition
- Rule 24C: expedited examination of patent applications
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.