Rules 66-70 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 66 to 70 are the procedure for section 28 of the Patents Act, 1970, which is about the mention of the inventor in a patent. Four of the five rules use the same form, Form 8: a request under section 28(2), a claim under section 28(3) and an application under section 28(7). Rule 69 borrows the opposition-hearing procedure and rule 70 prescribes the wording used for the mention.
A request under section 28(2) is made in Form 8 (rule 66). A claim under section 28(3) is in Form 8 with a statement of the circumstances, and the Controller sends a copy to every other applicant and any interested person (rule 67). An application under section 28(7) follows the same pattern and the copy goes to each patentee or applicant and interested persons (rule 68). The hearing follows rules 55A and 57 to 63 as for opposition (rule 69). The mention itself uses the wording in rule 70.
Where these rules fit
Section 28 of the Act concerns the naming of the inventor in the patent. The Rules supply the forms and the procedure. For the section, see our guide on sections 26-28 of the Patents Act, 1970. A certificate of inventorship under the new rule 70A is a separate matter, made in Form 8A, and has its own article.
These rules matter to inventors who are not the applicant, to applicants who are mentioning employees or collaborators, and to patentees facing a rival claim to be named. Disputes about who is the inventor are fact-heavy; our legal consultation service can help you assess the position before you file.
None of rules 66 to 70 was amended in 2024. The 2024 changes in this area are the new rule 70A and the fee table.
Rule 66: request under section 28(2)
"A request under sub-section (2) of section 28 shall be made in Form 8."
Rule 66 has no more than that. It names the form and nothing else: the text is silent on supporting papers, on a time limit and on copies. The fee table shows that an application under section 28(2) carries no fee (see below).
Rule 67: claim under section 28(3)
Rule 67 has two sub-rules.
- Sub-rule (1): "A claim under sub-section (3) of section 28 shall be made in Form 8, and shall be accompanied by a statement setting out the circumstances under which the claim is made."
- Sub-rule (2): "A copy of the claim and the statement shall be sent by the Controller to every applicant for the patent (not being the claimant) and to any other person whom the Controller may consider to be interested."
The claimant files Form 8 and a statement of circumstances. The Controller, not the claimant, sends copies, and to two groups: every other applicant for the patent and any other person the Controller considers interested.
Rule 68: application under section 28(7)
- Sub-rule (1): "An application under sub-section (7) of section 28 shall be made in Form 8 and shall be accompanied by a statement setting out the circumstances under which the application is made."
- Sub-rule (2): "A copy of the application and the statement shall be sent by the Controller to each patentee or the applicant for patent, as the case may be, and to any other person whom the Controller may consider to be interested."
The pattern is the same as in rule 67, except that the copy goes to "each patentee or the applicant for patent, as the case may be", because the application can be made after grant.
Rule 69: procedure for the hearing
"The procedure specified in rules 55A and 57 to 63 relating to the filing of notice of opposition, written statement, reply statement, leaving evidence, hearing and cost shall, so far as may be, apply to the hearing of a claim or an application under section 28 as they apply to the opposition proceedings subject to the modification that reference to patentee shall be construed as the person making the claim, or an application, as the case may be."
In plain terms, a section 28 claim or application is heard on the opposition model. Our articles on rules 57 and 58, rules 59 to 61 and rule 62 describe the steps. The one adaptation in the rule is that a reference to the patentee is read as a reference to the person making the claim or application. The words "so far as may be" mean the borrowed rules apply only as far as they fit. Rule 69 does not say how the Opposition Board in rule 56 fits, because rule 56 is not in the list (rules 55A and 57 to 63).
Rule 70: the wording of the mention
"Any mention of the inventor under sub-section (1) of section 28 shall be made in the relevant documents in the following form namely:- 'The inventor of this invention/substantial part of this invention within the meaning of section 28 of the Patents Act, 1970, is ............ of ............'."
The form of words is fixed: the inventor's name, then the address (the second blank). The statement is to be made "in the relevant documents". The rule does not list those documents.
Summary table
| Rule | Section 28 provision | Form | Supporting paper | Copies sent by Controller to |
|---|---|---|---|---|
| 66 | Request under 28(2) | Form 8 | Text silent | Text silent |
| 67 | Claim under 28(3) | Form 8 | Statement of circumstances | Every other applicant and any interested person |
| 68 | Application under 28(7) | Form 8 | Statement of circumstances | Each patentee or the applicant, and any interested person |
| 69 | Hearing | Opposition rules 55A and 57 to 63 apply | Reference to patentee read as the claimant or applicant | Not applicable |
| 70 | Mention under 28(1) | Prescribed words | In the relevant documents | Not applicable |
Fee for Form 8
Entry 11 of Table I of the First Schedule as substituted in 2024 has two lines. As per the First Schedule as substituted in 2024:
| Head | Natural person, startup, small entity or educational institution (e-filing / physical) | Others (e-filing / physical) |
|---|---|---|
| Application under section 28(2) | No fee / No fee | No fee / No fee |
| Application under section 28(3) or 28(7) | Rs 800 / Rs 880 | Rs 4,000 / Rs 4,400 |
Both modes are allowed for both lines.
Practical example
Ritu and Sameer worked together on a gas-sensor design; the application was filed in the name of their company only. Ritu wants to be mentioned as the inventor. The path in the Rules depends on the section 28 sub-section she relies on, but each uses Form 8. If she makes a claim under section 28(3), she files Form 8 with a statement of the circumstances. The Controller sends a copy of the claim and the statement to every other applicant and to anyone the Controller thinks interested, such as Sameer. The claim is then heard on the opposition model of rules 55A and 57 to 63, with Ritu treated as the party standing in the patentee's place. If the mention is allowed, the words in rule 70 are used: "The inventor of this invention/substantial part of this invention within the meaning of section 28 of the Patents Act, 1970, is Ritu Menon of Pune."
Practical points
- Use Form 8 for all three section 28 routes; rule 66 itself has no further requirement.
- For claims and applications, attach a statement of circumstances; the Controller then handles the copies.
- Plan for a contested hearing on opposition-style steps: statement, reply and evidence, with the periods in rules 57 to 60.
- Draft the mention in the exact words rule 70 gives.
- Check later amendments, since the Rules and forms may change.
Need help with inventor mention?
If you need to be named, or to answer a claim by someone else, the facts and documents matter more than the form. TaxClue can help you assess your position and prepare the Form 8 papers; see our legal consultation service.
Key takeaways
- Form 8 is used for a request (28(2)), claim (28(3)) and application (28(7)).
- Claims and applications carry a statement of circumstances; the Controller sends copies to the other persons named in rules 67 and 68.
- Rule 69 applies rules 55A and 57 to 63 to the hearing, with the patentee read as the claimant or applicant.
- Rule 70 gives the words for the mention of the inventor.
- Fee entry 11: no fee for 28(2); Rs 800 or Rs 4,000 in e-filing for 28(3) or 28(7), Rs 880 or Rs 4,400 in physical filing.
- Later amendments should be checked.
Read next
- Sections 26-28 of the Patents Act, 1970: obtaining and mention of inventor
- Rule 70A: certificate of inventorship
- Rule 63-63A: costs on withdrawal and request under section 26
- 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.