Rules 59-61 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 59, 60 and 61 control the evidence in an opposition to a patent. The opponent may leave a short reply to the patentee's evidence within one month. No other evidence is allowed without the Controller's leave. And every document relied on must be furnished in authenticated copies, with attested English translations where the document is in another language.
After the patentee's reply, the opponent may leave reply evidence "strictly confined to matters in the patentee's evidence" within one month (rule 59). No further evidence is delivered by either party except with the leave or directions of the Controller, and leave must be prayed before the hearing is fixed under rule 62 (rule 60). Copies of all documents referred to are furnished in duplicate, authenticated to the Controller's satisfaction, and a document in a language other than English needs an attested translation in duplicate (rule 61).
Where these rules fit
In the post-grant opposition sequence, evidence comes in three layers: the opponent's evidence with the written statement (rule 57), the patentee's evidence with the reply statement (rule 58), and then the reply evidence under rule 59. Rule 60 closes the door on more, and rule 61 deals with how documents are supplied. The hearing follows under rule 62. For the earlier steps, see our article on rules 57 and 58. The Act provision is section 25(2); see our guide on post-grant opposition.
None of these three rules was amended in 2024. Rule 56(4), as amended in 2024, refers to documents "filed under rules 57 to 60", so the Opposition Board's two-month period runs on the documents that these rules govern.
Evidence is where oppositions are often won or lost, and the periods are short. If you need help organising the evidence or preparing for the hearing, see our legal dispute resolution service.
Rule 59: the opponent's reply evidence
Rule 59 reads: "The opponent may, within one month from the date of delivery to him of a copy or the patentee's reply statement and evidence under rule 58, leave at the appropriate office evidence in reply strictly confined to matters in the patentee's evidence and shall deliver to the patentee a copy of such evidence."
(The word "or" in "a copy or the patentee's reply statement" is printed so in the source; the sense is "a copy of the patentee's reply statement". It is noted here and left as printed.)
The elements are:
- Who: the opponent. Rule 59 gives no equivalent right to the patentee.
- When: within one month from the date of delivery to him of a copy of the patentee's reply statement and evidence under rule 58. The clock runs from delivery to the opponent.
- What: evidence in reply, "strictly confined to matters in the patentee's evidence". New grounds or new material not touching the patentee's evidence do not belong here.
- How: it is left at the appropriate office, with a copy delivered to the patentee.
The word "may" matters: reply evidence is optional. An opponent who thinks the patentee's evidence needs no answer can let the month pass.
Rule 60: further evidence only with leave
Rule 60 says: "No further evidence shall be delivered by either party except with the leave or directions of the Controller: Provided that such leave or direction is prayed before the Controller has fixed the hearing under rule 62."
So after the three rounds of evidence, either party who wants to add more must have the Controller's leave or his directions. The proviso gives a cut-off: the prayer for leave or direction must be made before the Controller has fixed the hearing under rule 62. After the hearing date is fixed, the proviso is not satisfied by a later request. The text does not state what the Controller must consider in granting leave, and does not say how the prayer is to be made; it is silent on that.
Rule 61: copies and translations
Rule 61 has two sub-rules.
(1) Copies. "Copies of all documents referred to in the notice of opposition or in any statement or evidence filed in connection with the opposition and authenticated to the satisfaction of the Controller, shall be simultaneously furnished in duplicate unless the Controller otherwise directs." Four features: all documents referred to are covered; the copies must be authenticated to the Controller's satisfaction; they are furnished simultaneously with the paper that refers to them; and in duplicate, unless the Controller directs otherwise.
(2) Translations. "Where a specification or other document in a language other than English is referred to in the notice, statement or evidence, an attested translation thereof, in duplicate, in English shall be furnished along with such notice, statement or evidence, as the case may be." A foreign-language patent specification relied on as prior art, for example, has to come with an attested English translation in duplicate.
The three rules at a glance
| Rule | Subject | Time or condition | Who |
|---|---|---|---|
| 59 | Reply evidence strictly confined to matters in the patentee's evidence | Within one month from delivery of the patentee's reply statement and evidence | Opponent |
| 60 | Further evidence | Only with the leave or directions of the Controller, prayed before the hearing is fixed under rule 62 | Either party |
| 61(1) | Copies of documents referred to | Simultaneously, in duplicate, authenticated to the Controller's satisfaction | Party filing the paper |
| 61(2) | Translations | Attested English translation in duplicate, with the notice, statement or evidence | Party relying on the foreign-language document |
Fees and forms
The text of rules 59 to 61 prescribes no form and no fee. Fee entries in the First Schedule as substituted in 2024 attach to the notice of opposition (entry 9(i)) and to the notice that a hearing will be attended under rule 62(2) (entry 10); neither is a fee for filing evidence. The text is silent on any fee for a request for leave under rule 60.
Practical example
Orion Pumps Ltd has opposed a granted patent on a valve assembly and relied on a German patent specification. With its written statement it furnished the specification, authenticated copies in duplicate and an attested English translation in duplicate, as rule 61 requires. The patentee, Zeta Hydraulics, files its reply statement and test data. Orion receives a copy on 12 March. By 12 April it may leave reply evidence, but only on the matters in Zeta's test data; it cannot add a new prior-art document in this round. Later, Orion finds another publication. It cannot simply deliver it: it must pray for leave or directions from the Controller, and it must do so before the Controller fixes the hearing under rule 62. Once the hearing is fixed, the proviso to rule 60 can no longer be met.
Practical points
- Prepare the copies and translations before the notice is filed. Rule 61 requires them to go with the notice, statement or evidence, not afterwards.
- Keep rule 59 for true reply: material outside the patentee's evidence is outside the rule.
- If a late document turns up, move for leave quickly. The cut-off in the proviso to rule 60 is the fixing of the hearing, not the hearing itself.
- Remember that the Controller can direct otherwise on the number of copies, and the text leaves the form of authentication to his satisfaction.
Need help with opposition evidence?
Evidence rules are mostly timing rules. TaxClue can help you plan the evidence, prepare authenticated copies and translations, and apply for leave where needed; see our legal dispute resolution page.
Key takeaways
- Rule 59: only the opponent may leave reply evidence, within one month from delivery of the patentee's reply, strictly confined to matters in the patentee's evidence.
- Rule 60: no further evidence without the Controller's leave or directions; the prayer must be made before the hearing is fixed under rule 62.
- Rule 61(1): authenticated copies of all documents referred to are furnished simultaneously, in duplicate.
- Rule 61(2): documents in another language need an attested English translation in duplicate.
- The three rules prescribe no separate form or fee; they were not amended in 2024. Later amendments should be checked.
Read next
- Rule 57-58: written statement of opposition and reply statement
- Rule 62: hearing of opposition
- Post-grant opposition to a patent: section 25(2)
- Revocation of patent: grounds and process
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.