Rule 62 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 62 is the hearing rule for a post-grant opposition. It fixes when the Controller fixes the hearing, the notice the parties get, the notice a party must give if it wants to be heard, what happens if it does not, and how the Controller decides. Four other rules borrow parts of it, so it is one of the most reused procedures in the Patents Rules, 2003.
The Controller fixes a date and time for the hearing after the evidence is complete and the Opposition Board's recommendation is received, and gives the parties not less than ten days' notice. A party who wants to be heard must give a notice with the fee (entry 10 of the 2024 table), failing which the Controller may refuse to hear that party. A publication not already mentioned needs not less than five days' notice. After hearing, or without a hearing if neither party wants one, the Controller decides and notifies his decision with reasons.
Where rule 62 fits
In a post-grant opposition the steps run: notice (rule 55A), Board (rule 56), written statement (rule 57), reply (rule 58), reply evidence (rule 59), limit on further evidence (rule 60) and copies (rule 61). Rule 62 is the end of that line. For the earlier stages, see our article on rules 59 to 61 on evidence. The Act provision is section 25(2) to (4); see our guide on post-grant opposition.
Rule 62 was not itself amended in 2024. But the 2024 rules made it travel further: new rule 55(5A) applies sub-rules (2) to (4) of rule 62 to the hearing of a pre-grant representation, and existing rules 98(6), 101(7) and 102(6) apply sub-rules (2) to (5) of rule 62 to hearings in compulsory-licence matters. Rule 69 also applies the rules on opposition procedure, including rule 62, to claims under section 28.
If you are preparing for a hearing and want an advocate or agent to appear and argue, see our patent hearing support service.
Sub-rule (1): fixing the hearing
"On the completion of the presentation of evidence, if any, and on receiving the recommendation of Opposition Board or at such other time as the Controller may think fit, he shall fix a date and time for the hearing of the opposition and shall give the parties not less than ten days' notice of such hearing and may require members of Opposition Board to be present in the hearing."
Four points: the usual time for fixing the hearing is after the evidence and the Board's recommendation, but the Controller may fix it "at such other time as may think fit"; the notice to the parties is not less than ten days; the Controller may require members of the Opposition Board to be present; and, by the proviso to rule 60, the date of fixing the hearing is also the cut-off for praying for leave to file further evidence.
Sub-rule (2): notice that a party wishes to be heard
"If either party to the proceeding desires to be heard, he shall inform the Controller by a notice along with the fee as specified in the First Schedule."
Hearing is not automatic. Each party who wants to be heard informs the Controller by a notice, with the fee. The fee is entry 10 of Table I of the First Schedule as substituted in 2024: "On giving notice that hearing before Controller shall be attended under rule 62(2)". As per the First Schedule as substituted in 2024, the amounts are:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 1,500 | Rs 1,700 |
| Others | Rs 7,500 | Rs 8,300 |
The head is allowed in both modes. No form number is shown against entry 10 (the form column is a dash).
Sub-rule (3): consequence of not giving the notice
"The Controller may refuse to hear any party who has not given notice under sub-rule (2)." The word is "may": a party who forgets the notice is not automatically shut out, but it has no right to be heard and the Controller can decline. A party should not rely on indulgence.
Sub-rule (4): relying on a new publication
"If either party intends to rely on any publication at the hearing not already mentioned in the notice, statement or evidence, he shall give to the other party and to the Controller not less than five days' notice of his intention, together with details of such publication."
This is a narrow door. A publication not mentioned earlier can be used at the hearing only if the party gives both the other side and the Controller at least five days' notice, with details of the publication. It sits alongside rule 60, which restricts further evidence generally; the text does not say how the two interact, so a party who needs a late document should cover both rules.
Sub-rule (5): decision
"After hearing the party or parties desirous of being heard, or if neither party desires to be heard, then without a hearing, and after taking into consideration the recommendation of Opposition Board, the Controller shall decide the opposition and notify his decision to the parties giving reasons therefor."
So the decision happens in either case: after hearing, or on the papers if neither party wants a hearing. The Controller must consider the Board's recommendation and must notify the parties with reasons. The text sets no period for the decision in rule 62 itself.
At a glance
| Sub-rule | Rule |
|---|---|
| (1) | Controller fixes date and time; not less than ten days' notice; may require Board members to attend |
| (2) | Party wishing to be heard informs the Controller by notice with fee (entry 10) |
| (3) | Controller may refuse to hear a party who has not given the notice |
| (4) | Not less than five days' notice to the other party and the Controller for a publication not already mentioned |
| (5) | Decision after hearing or on the papers, considering the Board's recommendation, with reasons |
Where else rule 62 applies
- Rule 55(5A) (inserted in 2024): sub-rules (2) to (4) of rule 62 apply, as far as may be, to the hearing of a pre-grant representation. See our article on rule 55.
- Rule 98(6): sub-rules (2) to (5) apply to the hearing of an opposition under section 87(2).
- Rule 101(7): sub-rules (2) to (5) apply to hearings on revision of licence terms under section 88(4).
- Rule 102(6): sub-rules (2) to (5) apply to hearings on termination of a compulsory licence.
In rules 98, 101 and 102 the Controller's own notice of hearing is provided for in the respective rule (ten days), and rule 62(1) is not among the sub-rules borrowed.
Practical example
Sundar Instruments Ltd is the opponent and Patel Biomedical LLP the patentee. After the evidence closes and the Opposition Board gives its recommendation, the Controller fixes the hearing for 20 May and informs both parties on 5 May, which is more than ten days. Both file their notices under rule 62(2) with the entry 10 fee. A week before the hearing, Sundar finds a journal article not mentioned in its papers. It gives Patel and the Controller notice of its intention to rely on it with details of the article, more than five days before 20 May. At the hearing both sides argue. The Controller then decides the opposition, considering the Board's recommendation, and notifies the parties of the decision with reasons.
Practical checklist
- Calendar the hearing date and file the rule 62(2) notice and fee in good time.
- Decide before the hearing is fixed whether further evidence is needed (rule 60).
- For any new publication, give at least five days' notice to the other side and the Controller, with details.
- Ask whether the Board members will attend; the Controller may require it.
- Expect a reasoned decision; the Rules do not give a deadline for it.
Need help at the hearing?
A hearing is short and the notices are strict. TaxClue can help you prepare submissions, file the rule 62(2) notice and appear before the Controller; see our patent hearing support service.
Key takeaways
- The Controller gives not less than ten days' notice of the hearing and may require Board members to be present.
- A party wanting to be heard gives notice with the entry 10 fee; the Controller may refuse to hear a party who has not.
- A publication not already mentioned needs not less than five days' notice with details.
- The Controller decides after hearing, or on the papers if neither party wants a hearing, and gives reasons.
- Rule 62(2) to (4) or (5) is borrowed by rules 55(5A), 98, 101 and 102. Later amendments should be checked.
Read next
- Rule 59-61: reply evidence, further evidence and copies of documents
- Rule 55: pre-grant opposition, representation and procedure
- Rule 63-63A: costs on withdrawal and request under section 26
- 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.