Rules 55A-56 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 55A says how a notice of opposition to a granted patent is given. Rule 56 says what the Controller does next: he constitutes an Opposition Board of three members, which examines the documents and reports. The 2024 amending rules cut the Board's reporting period in rule 56(4) from three months to two.
The notice of opposition under section 25(2) is made in Form 7 and sent to the Controller in duplicate at the appropriate office (rule 55A). On receiving it, the Controller constitutes an Opposition Board of three members, one named Chairman (rule 56). The Board examines the notice with the documents filed under rules 57 to 60 and submits a reasoned report with a joint recommendation within two months of the documents being forwarded to it. The fee is entry 9(i), and the head is not allowed in physical mode.
Where these rules fit
Post-grant opposition has a defined sequence in the Rules. The notice comes first (rule 55A), then the Board is constituted (rule 56). The written statement, reply statement and evidence follow in rules 57 to 60, and the hearing in rule 62. This article covers the first two steps. For the section behind them, see our guide on post-grant opposition under section 25(2). The pre-grant route is separate and is explained in our article on rule 55.
These rules are relevant to a person who wants to oppose a granted patent, to a patentee who has received a notice, and to the agents on both sides. If a notice is coming your way and you need a response strategy, see our legal dispute resolution service.
Rule 55A: the notice of opposition
The whole of rule 55A reads: "The notice of opposition to be given under sub-section (2) of section 25 shall be made in Form 7 and sent to the Controller in duplicate at the appropriate office."
That sentence carries three requirements:
- the notice is made in Form 7;
- it is sent to the Controller (not to the patentee directly, as far as this rule goes);
- it is sent in duplicate, at the appropriate office.
The notice is the document that starts the opposition. Rule 57, which follows, requires the opponent to send the written statement and evidence "along with notice of opposition" and to deliver a copy to the patentee. Rule 55A itself is silent on the period within which the notice may be given; the time limit comes from section 25(2) of the Act, which this article does not restate.
A drafting point on the form. The Second Schedule's list of forms ties Form 7 to "Section 25(3) and rule 55A", while rule 55A and the section reference in the rule say section 25(2). The rule itself refers to sub-section (2); the list entry reads differently and is reproduced here as printed.
Rule 56: the Opposition Board
Rule 56 has four sub-rules.
(1) Constitution. "On receipt of notice of opposition under rule 55A, the Controller shall, by order, constitute an Opposition Board consisting of three members and nominate one of the members as the Chairman of the Board." The constitution is by an order of the Controller; the number is fixed at three.
(2) Who is eligible. "An examiner appointed under sub-section (2) of section 73 shall be eligible to be a member of the Opposition Board." Section 73 is the Act provision for officers and examiners; see our guide on sections 73-74 of the Patents Act.
(3) Who is not eligible. "The examiner, who has dealt with the application for patent during the proceeding for grant of patent thereon shall not be eligible as member of Opposition Board as specified in sub-rule (2) for that application." The examiner who handled the application for grant cannot sit on the Board for that same patent.
(4) The report. The Board "shall conduct the examination of the notice of opposition along with documents filed under rules 57 to 60 referred to under sub-section (3) of section 25, submit a report with reasons on each ground taken in the notice of opposition with its joint recommendation within three months from the date on which the documents were forwarded to them." The Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024) substituted "two months" for "three months" in this sub-rule. The current period is therefore two months from the date on which the documents were forwarded to the Board.
Rule 56 at a glance
| Sub-rule | Subject | Content |
|---|---|---|
| (1) | Constitution | Controller constitutes the Board by order on receipt of the notice under rule 55A; three members; one is Chairman |
| (2) | Eligible members | An examiner appointed under section 73(2) |
| (3) | Bar | The examiner who dealt with the application for grant is not eligible for that application |
| (4) | Report | Reasons on each ground in the notice; joint recommendation; within two months from forwarding of documents (changed from three in 2024) |
Fee for the notice
The fee for the notice of opposition under section 25(2), Form 7, is entry 9(i) 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 8,000 | Not allowed |
| Others | Rs 40,000 | Not allowed |
Under the 2024 table, then, this head can be filed only in electronic mode. Where a lower column is claimed, the opponent must establish its status as rule 7 and Form 28 require.
Practical example
Deepa Labs Pvt Ltd learns that a patent for a drug-delivery capsule has been granted to a rival and decides to oppose it under section 25(2). It prepares Form 7, signs it, and files it electronically in duplicate at the appropriate office, paying the Rs 40,000 fee for an entity in the "others" column, as per the First Schedule as substituted in 2024. Along with the notice it sends the written statement and evidence required by rule 57. The Controller then makes an order constituting a three-member Opposition Board and names its Chairman. Mr Rao, the examiner who dealt with the application when it was examined for grant, cannot be a member for this patent. After the documents under rules 57 to 60 are forwarded to the Board, it has two months to submit its report, giving reasons on each ground taken in the notice and a joint recommendation.
What the text leaves open
The Rules do not say how members are chosen beyond the eligibility in sub-rules (2) and (3), do not say whether the Board hears the parties, and do not say what the Controller does if the report is late. The Board's report is a recommendation; the Controller decides the opposition after the hearing, taking it into account under rule 62(5). The hearing rule is explained in our article on rule 62. Later amendments should be checked.
Need help with a post-grant opposition?
A notice of opposition has to be correct in form, in time and supported by evidence. TaxClue can assist with the notice, the written statement and the hearing; see our legal dispute resolution page.
Key takeaways
- Rule 55A: the notice of opposition under section 25(2) is made in Form 7 and sent in duplicate to the Controller at the appropriate office.
- Rule 56(1): the Controller constitutes a three-member Opposition Board by order, naming a Chairman.
- An examiner who dealt with the application for grant cannot be a member for that patent.
- The Board reports with reasons on each ground within two months (earlier three), as amended in 2024.
- Fee: entry 9(i), Rs 8,000 or Rs 40,000, electronic filing only.
Read next
- Post-grant opposition to a patent: section 25(2)
- Rule 55: pre-grant opposition, representation and procedure
- Rule 57-58: written statement of opposition and reply statement
- Rule 62: hearing of opposition
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.