Rules 74-74A 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 74 says what a patent looks like and how fast the certificate is ordinarily issued: in the form of the Third Schedule, bearing the number given under rule 37, and ordinarily within seven days of the grant. Rule 74A allows anyone to inspect the application and related documents after publication of the grant, on a written request and fee.
A patent is in the form of the Third Schedule, with such modifications as each case requires, and bears the number accorded under rule 37 (rule 74(1)). The certificate is ordinarily issued within seven days from the date of grant under section 43 (rule 74(2)). After the date of publication of a grant, the application, specifications, drawings, abstract and related documents may be inspected at the appropriate office on a written request to the Controller and payment of fee, and copies may be had on payment of the fee (rule 74A). Rule 73 is omitted.
Where these rules sit
Chapter VIII of the Rules, "Grant of patents", begins with rule 74. Rule 73 is omitted: the printed Rules go from Chapter VII (rule 72) straight to rule 74, and the text gives no date for the omission. For the Act provisions, see our guides on section 43, grant of patents and on section 46, form, extent and effect of a patent. Neither rule was amended in 2024. The fee table was substituted in 2024, and its entry 45 covers inspection under rule 74A.
If you have a granted patent, or an application that is close to grant, and want the filings and records checked, see our patent drafting and filing service.
Rule 74(1): the form and number of the patent
"A patent shall be in the form as specified in the Third Schedule with such modifications as the circumstances of each case may require and shall bear the number accorded to the application under rule 37."
Two requirements follow.
- The form. The Third Schedule prescribes the form of the patent. The Third Schedule is named in the contents of the Rules but its text is not printed in the sources consulted, so this article does not describe the wording of the certificate. The rule lets the form be modified "as the circumstances of each case may require".
- The number. The patent carries the number accorded to the application under rule 37, which is the serial number in the series used under the Indian Patents and Designs Act, 1911. For rule 37, see our article on rules 34 to 37.
Rule 74(2): issue within seven days
"The patent certificate shall ordinarily be issued within seven days from the date of grant of patent uner section 43."
(The word "under" is misspelt "uner" in the printed text; the sense is clear.)
The word "ordinarily" is the operative one. Seven days is the normal period, counted from the date of grant. The rule does not state a consequence if the certificate is issued later, and it does not say whether the certificate is sent or made available electronically; the text is silent on the mode of issue.
Rule 74A: inspection after grant
"After the date of publication of a grant of a patent, the application together with the complete specification and provisional specification, if any, the drawing if any, abstract and other documents related thereto may be inspected at the appropriate office by making a written request to the Controller and on payment of fee and may obtain copies on payment of fee specified in the First Schedule."
Broken down:
| Element | What the rule says |
|---|---|
| When | After the date of publication of a grant of a patent |
| What can be inspected | The application with the complete specification and any provisional specification, drawings, abstract and other related documents |
| Where | At the appropriate office |
| How | A written request to the Controller, and payment of fee |
| Copies | May be obtained on payment of the fee specified in the First Schedule |
The right is exercisable "after the date of publication of a grant", so before that publication the rule gives no right of inspection. The rule does not say who may ask: it is framed without limitation, so it is open to any person who makes a written request and pays the fee. It also does not say in what form inspection is given, for example in person or by electronic access; the text is silent on that.
Fees
Entry 45 of Table I of the First Schedule as substituted in 2024 is headed "On request for inspection of register under section 72, inspection under rule 27 or rule 74A". As per the First Schedule as substituted in 2024:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 320 | Rs 350 |
| Others | Rs 1,600 | Rs 1,750 |
The head is allowed in both modes. For copies, the same table has a separate entry 49, "For supplying of photocopies of the documents, per page", at Rs 10 per page in each column and each mode; rule 74A refers only to "fee specified in the First Schedule" and does not name the entry. Certified copies are a different head, discussed in our later article on rules 132 to 134.
Practical example
Ananya's company, Lakshya Textiles, is granted a patent for a dyeing process on 3 March under section 43. The patent is in the form of the Third Schedule, modified as the case requires, and bears the number given under rule 37. Under rule 74(2) the certificate is ordinarily issued within seven days, that is, by about 10 March. A competitor, Ashoka Fabrics, wants to see exactly what was filed. After the date of publication of the grant it makes a written request to the Controller at the appropriate office and pays the entry 45 fee, as per the First Schedule as substituted in 2024, for an entity in the "others" column. It may then inspect the application, specifications, drawings, abstract and related documents. If it wants copies, it pays the fee specified in the First Schedule for them.
Practical points
- Record the date of grant and diarise the seven-day expectation. If the certificate is not issued ordinarily, follow up with the Patent Office; the rule creates no automatic remedy.
- Check the number on the certificate against the application: rule 74(1) requires the number accorded under rule 37.
- For a competitor search or due diligence, use rule 74A only after publication of the grant.
- Put the request in writing to the Controller; the rule requires a written request and fee.
- Remember that the patent in force must still be kept alive by renewal fees; see our guide on the grant and certificate and rights of the patentee and our later article on rule 80.
Need help after grant?
The period after grant is where records and renewals begin: certificate, number, renewal diary and, if needed, inspection of the file. TaxClue can help you organise the post-grant record and file the right requests; see our patent drafting and filing service.
Key takeaways
- Rule 74(1): a patent is in the form of the Third Schedule, with modifications as needed, and bears the number accorded under rule 37.
- Rule 74(2): the certificate is ordinarily issued within seven days from the date of grant under section 43.
- Rule 74A: after publication of the grant, the application and related documents may be inspected at the appropriate office on a written request to the Controller and fee; copies on payment of the First Schedule fee.
- Inspection fee: entry 45, Rs 320 or Rs 1,600 in e-filing, Rs 350 or Rs 1,750 in physical filing.
- Rule 73 is omitted; the Third Schedule is not printed in the sources consulted.
- Later amendments should be checked.
Read next
- Section 43 of the Patents Act, 1970: grant of patents
- Rules 34-37: substitution of applicants and numbering of patents
- Rules 75-79: amendment of patent, co-owner directions and section 52 request
- Patent grant and certificate: rights of patentee
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.