Rules 75-79 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 75 to 79 contain four separate procedures. Rule 75 is the application to amend a patent under section 44 in Form 10. Rules 76 and 77 are applications for directions under section 51(1) and 51(2) in Form 11, often about co-owners. Rule 78 supplies the hearing procedure. Rule 79 is the request under section 52(2) in Form 12, and still refers to the Appellate Board.
An application to amend a patent under section 44 is made in Form 10 with substantiating evidence and accompanied by the patent (rule 75). An application for directions under section 51(1) or 51(2) is made in Form 11 with a statement of facts, and the Controller sends a copy to the other registered grantees or proprietors (rule 76) or to the person in default (rule 77). The hearing follows the opposition rules 55A and 57 to 63 (rule 78). A request under section 52(2) is in Form 12 within three months of the order of the Appellate Board or court (rule 79).
Where these rules sit
These rules implement three Act provisions. Section 44 deals with amendment of a patent granted to a deceased applicant (see our guide on sections 44-45 of the Patents Act, 1970). Sections 50 to 52 cover co-owners, directions and a patent obtained in fraud of the true inventor (see sections 50-52). The Rules give the forms, copies and hearing procedure.
None of rules 75 to 79 was amended in 2024. The substituted fee table of 2024 gives the fees for Forms 10, 11 and 12.
Co-ownership questions often arise from assignments, joint development and employee inventions. If you want to review the position of a jointly held patent, see our patent assignment service.
Rule 75: application under section 44 (Form 10)
"An application under section 44 for the amendment of a patent shall be made in Form 10 along with substantiating evidence and be accompanied by the patent."
Three requirements: Form 10; substantiating evidence; and the patent itself accompanying the application. The rule does not say what evidence is enough, and the text is silent on any time limit.
Rule 76: directions under section 51(1)
- Sub-rule (1): "An application for directions under sub-section (1) of section 51 shall be made in Form 11 and shall be accompanied by a statement setting out the facts upon which the applicant relies."
- Sub-rule (2): "A copy of the application and of the statement shall be sent by the Controller to every other person registered as grantee or proprietor of the patent."
The Controller serves the other registered grantees or proprietors, so the applicant does not have to serve them under this rule.
Rule 77: directions under section 51(2)
- Sub-rule (1): "An application for directions under sub-section (2) of section 51 shall be made in Form 11 and shall be accompanied by a statement setting out the facts upon which the applicant relies."
- Sub-rule (2): "A copy of the application and statement shall be sent by the Controller to the person in default."
The only difference from rule 76 is the recipient: here the copy goes to "the person in default". The text does not define the default; it is the section 51(2) situation, for which see the Act guide.
Rule 78: hearing under section 51
"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 costs shall, so far as may be, apply to the hearing of an application under section 51 as they apply to the hearing of an opposition proceeding."
So the section 51 application is heard on the model of opposition: statement, reply, evidence, hearing and costs. Our articles on rules 57 to 62 describe those steps. The rule has no "patentee" substitution as rule 69 has; the text is silent on how the roles of opponent and patentee map onto applicant and the other co-owner.
Rule 79: request under section 52(2)
- Sub-rule (1): "A request under sub-section (2) of section 52 shall be made in Form 12 within three months from the date of the order of the Appellate Board or court referred to in sub-section (1) of the said section and shall be accompanied by a statement setting out the facts upon which the petitioner relies and the relief he claims and a certified copy of the order of the Appellate Board or court."
- Sub-rule (2): "Where the Appellate Board or court has ordered the grant of patent to the applicant only for a part of the invention, the new patent granted shall be accorded a number in the same series of numbers accorded to the complete specifications accepted on the same day as the patent is granted."
A caution on the Appellate Board. Rule 79 still speaks of the "Appellate Board". The Intellectual Property Appellate Board was abolished by the Tribunals Reforms Act, 2021 and its work passed to the High Court. The text of the rule was not amended in the sources consulted and is quoted as printed; the Board should not be read as a current forum. See our guide on appeals to the High Court under sections 117A to 117E for the present position.
Form 12 is the same form as in rule 63A: the Second Schedule lists it against "Sections 26(1) & 52(2) and rules 63A and 79". See our article on rules 63 and 63A.
Forms, copies and fees
| Rule | Section | Form | Papers | Copies sent by Controller to | Fee entry |
|---|---|---|---|---|---|
| 75 | 44 | Form 10 | Substantiating evidence; the patent | Not stated | 14 |
| 76 | 51(1) | Form 11 | Statement of facts | Every other registered grantee or proprietor | 15 |
| 77 | 51(2) | Form 11 | Statement of facts | The person in default | 15 |
| 78 | 51 | Hearing on opposition model | Rules 55A and 57 to 63 apply | As those rules provide | Not applicable |
| 79 | 52(2) | Form 12 | Statement of facts and relief; certified copy of the order | Not stated | 16 |
The three fee entries of Table I of the First Schedule as substituted in 2024 carry the same amounts: entry 14 (application under section 44 for amendment of patent, Form 10), entry 15 (application for directions under section 51(1) or 51(2), Form 11) and entry 16 (request for grant of a patent under sections 26(1) and 52(2), Form 12). As per the First Schedule as substituted in 2024:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 2,400 | Rs 2,650 |
| Others | Rs 12,000 | Rs 13,200 |
All three heads are allowed in both modes.
Practical example
Two companies, Sagar Marine and Tej Coatings, are registered as joint proprietors of a patent on an anti-fouling paint. Sagar Marine believes Tej Coatings is blocking an agreed licence. Sagar Marine applies in Form 11 under the relevant sub-section of section 51, attaches a statement of the facts and pays the entry 15 fee. The Controller sends a copy of the application and the statement to Tej Coatings as the other registered proprietor, and the application is heard on the lines of rules 55A and 57 to 63. Separately, if an order has been made under section 52(1) and Sagar Marine wants a grant under section 52(2), it files Form 12 within three months from the date of the order, with a statement of facts, the relief it claims and a certified copy of the order. If the order grants a patent for only part of the invention, the new patent is numbered in the same series as the complete specifications accepted on the same day as the patent is granted.
Practical points
- Pick the right form: Form 10 for amendment under section 44, Form 11 for directions under section 51, Form 12 for a section 52(2) request.
- In Form 10, attach the evidence and the patent itself.
- Draft the statement of facts carefully; it travels to the other side.
- Expect an opposition-style hearing under rule 78, with written statement, reply and evidence.
- For rule 79, count the three months from the date of the order and attach a certified copy of it.
- Read rule 79 together with the current appeal route, not the Appellate Board.
Need help with a co-owner or amendment application?
These applications turn on the statement of facts and on the registered position of each owner. TaxClue can help you review the register entries, prepare the forms and supporting papers; see our patent assignment service.
Key takeaways
- Rule 75: Form 10, with substantiating evidence and the patent, for amendment under section 44.
- Rules 76 and 77: Form 11 with a statement of facts; the Controller sends copies to the other registered owners or the person in default.
- Rule 78: the hearing follows rules 55A and 57 to 63 as in opposition.
- Rule 79: Form 12 within three months of the order, with statement, relief and a certified copy; the Appellate Board reference is outdated.
- Fees: entries 14, 15 and 16, Rs 2,400 or Rs 12,000 in e-filing, Rs 2,650 or Rs 13,200 in physical filing.
- Later amendments should be checked.
Read next
- Sections 50-52 of the Patents Act, 1970: co-owners, directions and patent obtained in fraud of true inventor
- Rule 63-63A: costs on withdrawal and request under section 26
- Rule 80: renewal fees
- Patent assignment vs licence: key differences
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.