Rules 57-58 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 57 and 58 are the pleadings stage of a post-grant opposition. Rule 57 requires the opponent to send a written statement with evidence along with the notice of opposition. Rule 58 gives the patentee two months to answer, and provides that a patent whose owner does not contest in time is deemed to have been revoked.
The opponent sends a written statement in duplicate setting out the nature of his interest, the facts of his case and the relief sought, with evidence if any, along with the notice of opposition, and delivers a copy to the patentee (rule 57). A patentee who wants to contest leaves a reply statement and evidence at the appropriate office within two months of receiving the copy, and delivers a copy to the opponent (rule 58(1)). If he does not desire to contest, or does not reply in time, the patent shall be deemed to have been revoked (rule 58(2)).
Where these rules fit
The sequence in the Rules is: notice of opposition in Form 7 (rule 55A), the Opposition Board (rule 56), the written statement (rule 57), the reply statement (rule 58), the opponent's reply evidence (rule 59), the limit on further evidence (rule 60), copies of documents (rule 61) and the hearing (rule 62). This article covers rules 57 and 58. For the earlier steps, see our article on the notice of post-grant opposition and the Opposition Board. The Act provision is section 25(2); our guide on post-grant opposition under section 25(2) explains it.
Neither rule was changed by the 2024 amending rules. The only 2024 effect around them is the shorter two-month period for the Opposition Board's report in rule 56(4), which runs on the documents filed under rules 57 to 60.
These rules matter to the opponent, who has to put the whole case in the first filing, and even more to the patentee, who has a short fixed period and a severe consequence for silence. If you are in either position, our legal dispute resolution service can assist with the statement or the reply.
Rule 57: the opponent's written statement
Rule 57 reads: "The opponent shall send a written statement in duplicate setting out the nature of the opponent's interest, the facts upon which he bases his case and relief which he seeks and evidence, if any, along with notice of opposition and shall deliver to the patentee a copy of the statement and the evidence, if any."
Broken into parts, the statement has three required contents and two delivery requirements.
| Item | What the rule says |
|---|---|
| Nature of the opponent's interest | The statement must set out what the opponent's interest in the matter is |
| Facts | The facts upon which he bases his case |
| Relief | The relief which he seeks |
| Evidence | Evidence, if any, goes with the statement |
| Timing | Sent along with the notice of opposition |
| Copies | Sent in duplicate; a copy of the statement and evidence is delivered to the patentee |
Two points follow from the wording. First, the written statement is not a later step: it travels "along with notice of opposition", so an opponent should prepare it before filing Form 7. Second, delivery to the patentee is the opponent's own task under this rule; the Controller is not named as the person who serves it. The rule does not say how the delivery is to be proved, and the text is silent on that. For service and addresses generally, the Rules on address for service and on leaving and serving documents apply.
Rule 58(1): the patentee's reply
"If the patentee desires to contest the opposition, he shall leave at the appropriate office a reply statement setting out fully the grounds upon which the opposition is contested and evidence, if any, in support of his case within a period of two months from the date of receipt of the copy of the written statement and Opponent's evidence, if any by him under rule 57 and deliver to the opponent a copy thereof."
Points to note:
- the reply must set out fully the grounds on which the opposition is contested;
- evidence in support goes with it;
- the period is two months from the date of receipt by the patentee of the copy of the written statement and the opponent's evidence under rule 57, so the clock starts on receipt of the opponent's copy, not on the date of the notice;
- the reply is left at the appropriate office and a copy is delivered to the opponent.
Rule 58(2): deemed revocation
"If the patentee does not desire to contest or leave his reply and evidence within the period as specified in sub-rule (1), the patent shall be deemed to have been revoked."
This is the sharpest sentence in the two rules. There are two ways to reach it: the patentee decides not to contest, or he fails to leave his reply and evidence within the two months. In either case the rule itself provides that the patent is deemed revoked. The rule is silent on whether any further notice is given, and it does not describe any step to set the deeming aside. For the effect of revocation more generally, see our guide on patent revocation grounds and process.
Can the two months be extended?
Rule 58 itself contains no extension. The Patents (Amendment) Rules, 2024 substituted rule 138 with a general power, "notwithstanding anything contained in these rules", under which the time specified for doing any act or taking any proceeding may be extended, or delay condoned, by the Controller for up to six months, on a request in Form 4 made before the expiry of that six months; the request may be made any number of times within the six months. Rule 137(2), also inserted in 2024, lists matters to which sub-rule (1) of rule 137 does not apply, and rule 58 is not among them. Whether a particular extension is available in an opposition is a question to confirm against the full text of rules 137 and 138 before relying on it. The fee entry for a request under rule 138 is entry 4(v) of Table I, as per the First Schedule as substituted in 2024: Rs 10,000 or Rs 50,000 per month in e-filing and Rs 11,000 or Rs 55,000 in physical filing, the lower figure in each pair being for a natural person, startup, small entity or educational institution.
Practical example
Kaveri Agro Ltd files a notice of opposition against a granted patent for a seed-coating process. With Form 7 it sends a written statement in duplicate. The statement says that Kaveri sells seed-coating equipment, so it has a commercial interest; it sets out the facts and the prior publications it relies on; and it asks that the patent be revoked. Kaveri also delivers a copy of the statement and its evidence to the patentee, GreenSeed LLP. GreenSeed receives the copy on 5 June. It must leave its reply statement and evidence at the appropriate office by 5 August and give Kaveri a copy. If GreenSeed lets the date pass, rule 58(2) provides that the patent shall be deemed to have been revoked.
Checklist for each side
Opponent: state the interest in so many words; state facts and relief; attach the evidence; file in duplicate with Form 7; deliver a copy of the statement and evidence to the patentee and keep proof.
Patentee: note the date on which the copy was received; decide early whether to contest; set out every ground of contest in the reply; attach evidence; leave it at the appropriate office within two months; deliver a copy to the opponent.
Need help with an opposition filing?
Missing the two-month period in rule 58 has a consequence that cannot be treated lightly, and an opponent's first statement shapes the whole case. TaxClue can assist with drafting the statement or reply and with the hearing that follows; see our legal dispute resolution page.
Key takeaways
- Rule 57: the opponent sends a written statement in duplicate with the notice, stating interest, facts and relief, with evidence if any, and delivers a copy to the patentee.
- Rule 58(1): the patentee has two months from receipt of the copy to leave a reply statement and evidence, and must deliver a copy to the opponent.
- Rule 58(2): if the patentee does not desire to contest, or does not reply in time, the patent shall be deemed to have been revoked.
- The 2024 rule 138 gives a general power to extend time up to six months on Form 4; check its application before relying on it.
- Neither rule was amended in 2024. Later amendments should be checked.
Read next
- Rule 55A-56: notice of post-grant opposition and the Opposition Board
- Rule 59-61: reply evidence, further evidence and copies of documents
- Rule 62: hearing of opposition
- Post-grant opposition petition: draft template
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.