Rules 71-72 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 71 and 72 make up Chapter VII of the Patents Rules, 2003, headed "Secrecy Directions". Rule 71 prescribes Form 25 for permission to make a patent application outside India and gives the Controller twenty-one days to dispose of the request. Rule 72 deals with the communication of the result of a reconsideration of secrecy directions and with the limit on extension of time when directions are revoked.
A request for permission for making a patent application outside India is made in Form 25 (rule 71(1)). The Controller disposes of it within twenty-one days from the date of filing; for inventions relating to defence or atomic energy the twenty-one days run from the receipt of consent from the Central Government (rule 71(2)). The result of every reconsideration of secrecy directions is communicated to the applicant within fifteen days of the receipt of the notice by the Controller, and any extension of time on revocation of directions cannot exceed the period the directions were in force (rule 72).
What the two rules do
Section 39 of the Patents Act, 1970 deals with permission for residents to apply for patents abroad; sections 35 to 38 deal with secrecy directions for inventions relevant to defence. The Rules supply the form, the time limits and the notices. For the Act provisions, see our guides on sections 39-40, on sections 35-36 and on sections 37-38. Rules 71 and 72 were not changed by the 2024 amending rules; the First Schedule fee table was.
These rules are most relevant to Indian-resident inventors and start-ups who plan to file abroad, and to agents advising them on sequence. If you are planning a filing in India and abroad together, our patent drafting and filing service can help with the order of filings and the paperwork.
Rule 71(1): Form 25
"The request for permission for making patent application outside India shall be made in Form 25."
The Second Schedule's list of forms describes Form 25 as the "Request for permission for making patent application outside India", citing section 39 and rule 71(1). The form's fields are not printed in the sources consulted, so this article does not describe them.
Rule 71(2): the twenty-one days
"The Controller shall dispose of the request made under sub-rule (1) within a period of twenty-one days from the date of filing of such request: Provided that in case of inventions relating to defence or atomic energy, the period of twenty-one days shall be counted from the date of receipt of consent from the Central Government."
| Case | When the 21 days start |
|---|---|
| Ordinary invention | The date of filing of the request in Form 25 |
| Invention relating to defence or atomic energy | The date of receipt of consent from the Central Government |
Three observations. The period binds the Controller, not the applicant: it is the time within which he "shall dispose of" the request. "Dispose of" is not the same as "grant"; the text does not say what the Controller must decide or what follows if the period is missed, so it is silent on a deemed permission. And for defence and atomic-energy inventions the clock starts late, on receipt of the Central Government's consent. The rule does not say how long the Central Government has to give or refuse consent.
Fee for Form 25
Entry 41 of Table I of the First Schedule as substituted in 2024 is headed "On application for permission for applying patent outside India under section 39 and rule 71(1)", with Form 25 shown. As per the First Schedule as substituted in 2024:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 1,600 | Rs 1,750 |
| Others | Rs 8,000 | Rs 8,800 |
The head is allowed in both modes.
Rule 72(1): result of reconsideration
"The result of every reconsideration under sub-section (1) of section 36 shall be communicated to the applicant for patent within fifteen days of the receipt of the notice by the Controller."
The rule is about communication. When secrecy directions have been reconsidered under section 36(1), the Controller must tell the applicant the result within fifteen days. The starting point is "the receipt of the notice by the Controller"; the rule does not say what the notice is, and the text is silent on the notice's form. The Act article on sections 35 and 36 explains the reconsideration itself.
Rule 72(2): extension of time on revocation of directions
"Extension of time on revocation of secrecy directions under section 38.- The extension of time to be given for doing anything required or authorised to be done under section 38 shall not exceed the period for which directions given by the Central Government under sub-section (1) of section 35 were in force."
This is a cap. If directions under section 35(1) were in force for, say, eighteen months and are then revoked, the Controller's extension of time for anything required or authorised to be done under section 38 cannot go beyond those eighteen months. The rule sets only the ceiling and does not set a minimum.
Two drafting points in rule 72
- The printed heading of rule 72 reads "Communication of result of reconsideration under section 36(2)", but sub-rule (1) speaks of reconsideration "under sub-section (1) of section 36". The heading and the sub-rule do not match.
- Sub-rule (2) carries its own inline heading about section 38, so rule 72 covers two subjects under one number.
These are noted as printed and not corrected. For the substance, the sub-rule text governs.
Summary table
| Rule | Subject | Time | Form or fee |
|---|---|---|---|
| 71(1) | Request for permission to file abroad | Not stated | Form 25; entry 41 |
| 71(2) | Disposal by the Controller | 21 days from filing (defence or atomic energy: from receipt of Central Government consent) | None |
| 72(1) | Result of reconsideration under section 36(1) | Within 15 days of receipt of the notice by the Controller | None |
| 72(2) | Extension of time on revocation under section 38 | Not more than the period directions under section 35(1) were in force | None |
Practical example
Arjun, a resident founder of a drone-sensor start-up, has not yet filed an Indian application but wants to file in another country. He files a request in Form 25 with the entry 41 fee, as per the First Schedule as substituted in 2024, in the column for a start-up. The Controller has twenty-one days from the date of filing to dispose of the request. If the invention related to defence, the twenty-one days would instead run from the receipt of the Central Government's consent. Separately, if secrecy directions had been given for a different invention of his, and the directions were reconsidered under section 36(1), the Controller would have to communicate the result within fifteen days of the receipt of the notice. If the directions were later revoked, any extension of time under section 38 could not exceed the period the section 35(1) directions had been in force.
Practical points
- Do not file abroad until the permission position is clear; the Act provision on liability is in sections 39 and 40, discussed in our Act guide above.
- File Form 25 with the correct fee column and in a mode the head allows.
- Where the invention may relate to defence or atomic energy, expect the twenty-one days to start only after consent is received.
- Keep the date of filing and of any consent on record.
- Note that Form 25 and these timelines should be re-checked against any later amendment.
Need help planning a foreign filing?
Foreign-filing permission is a sequencing question: it sits in front of every overseas filing by a resident. TaxClue can help you plan the Indian and foreign filings together and prepare the Form 25 request; see our patent drafting and filing service.
Key takeaways
- Rule 71(1): a request for permission to make a patent application outside India is made in Form 25.
- Rule 71(2): the Controller disposes of it within 21 days from filing; for defence or atomic energy inventions, from receipt of the Central Government's consent.
- Rule 72(1): the result of a reconsideration under section 36(1) is communicated to the applicant within 15 days of receipt of the notice by the Controller.
- Rule 72(2): extension of time on revocation under section 38 cannot exceed the period the section 35(1) directions were in force.
- Fee for Form 25: entry 41, Rs 1,600 or Rs 8,000 in e-filing, Rs 1,750 or Rs 8,800 in physical filing.
- The heading of rule 72 refers to section 36(2) while sub-rule (1) refers to section 36(1). Later amendments should be checked.
Read next
- Sections 39-40 of the Patents Act, 1970: residents not to apply outside India without permission
- Sections 35-36 of the Patents Act, 1970: secrecy directions
- Rule 70A: certificate of inventorship
- Rule 74-74A: form of patent certificate and inspection after grant
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.