Rules 8 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 8 says that the Forms in the Second Schedule must be used for the purposes stated there, and that Form 30 is available where no Form is specified. Rule 9 sets the physical layout of documents filed at the Patent Office: language, type size, paper, margins, numbering, signatures, sequence listings, extra copies and the way names and addresses are written.
Use the Form the Second Schedule names for the purpose, with variations the case requires (rule 8(1)). If no Form is specified, the applicant may use Form 30 (rule 8(2)). Documents other than affidavits and drawings must be in Hindi or English, on A4 paper, with characters not less than 0.28 centimetre high, a margin of at least 4 centimetre on top and left and 3 centimetre on bottom and right, pages numbered at the bottom centre, and every fifth line of the description and claims numbered.
Rule 8: using the Forms
Sub-rule (1). The Forms set forth in the Second Schedule, with such variations as the circumstances of each case may require, shall be used for the purposes mentioned in the Schedule. The words "with such variations as the circumstances of each case may require" allow the content to be adapted to the facts, for example by striking out what does not apply or adding the particulars of the matter. They do not allow a different Form to be substituted for the prescribed one.
Sub-rule (2). Where no Form is specified for a purpose, the applicant may use Form 30. The Second Schedule list describes Form 30 as a miscellaneous form, to be used when no other Form is prescribed, and ties it to rule 8(2).
The Second Schedule list runs from Form 1 to Form 30 and, after the 2024 amendments, also includes Form 7A, Form 8A and Form 18A, with two forms numbered 31 and Form 32. The Forms covered in this series each have their own article, such as rule 12 on Form 3 and rule 13 on Form 2.
If you are unsure which Form fits a request, our patent drafting and filing service can identify the Form and prepare it. Under rule 3, the particulars printed in a Form are the prescribed particulars; see our article on rules 3 and 4.
Rule 9: filing of documents and copies
Sub-rule (1): physical requirements
All documents and copies of documents, except affidavits and drawings, filed with the Patent Office shall:
| Clause | Requirement |
|---|---|
| (a) | Be typewritten or printed in Hindi or English (unless otherwise directed or allowed by the Controller), in large and legible characters not less than 0.28 centimetre high, with deep indelible ink, lines widely spaced and not less than one and half spaced, only upon one side of the paper |
| (b) | Be on paper that is flexible, strong, white, smooth, non-shiny and durable, of A4 size (approximately 29.7 centimetre by 21 centimetre), with a margin of at least 4 centimetre on the top and left-hand part and 3 centimetre on the bottom and right-hand part |
| (c) | Be numbered in consecutive Arabic numerals in the centre of the bottom of the sheet |
| (d) | Carry numbering of every fifth line of each page of the description and each page of the claims, at the right half of the left margin |
Drawings are treated separately; see our article on rules 14 to 16 on drawings and models. Affidavits are also outside sub-rule (1).
The line-numbering requirement in clause (d) applies to the description and the claims only. The clause names only those two parts of a specification. A specification prepared on a word processor should have page numbering, line numbering and margins configured before the final PDF or print is made. Our guide on the complete specification draft template shows how the parts of a specification are arranged.
Sub-rule (2): legible signatures
Any signature that is not legible, or is written in a script other than English or Hindi, shall be accompanied by a transcription of the name in Hindi or English in capital letters. The Forms also provide for the name of the natural person who has signed.
Sub-rule (3): sequence listings
If the application discloses a sequence listing of nucleotides or amino acid sequences, it shall be filed in computer-readable text format along with the application, and no print form of the sequence listing is required. The fee table (as substituted in 2024) has a head for each page of sequence listing, shown as not allowed in physical filing; see our article on rule 7 for the table layout.
Sub-rule (4): additional copies
Additional copies of all documents shall be filed at the appropriate office as may be required by the Controller. The rule does not fix the number; it depends on what the Controller requires.
Sub-rule (5): names and addresses
Names and addresses of the applicant and other persons shall be given in full, together with nationality and such other particulars, if any, as are necessary for identification. The rule asks for full names and addresses, not abbreviations.
Practical checklist
- Identify the Form named for your purpose in the Second Schedule; use Form 30 only if none is named.
- Print or prepare on A4 with the stated margins, and number pages at the bottom centre.
- Number every fifth line of the description and claims.
- Check that characters are not smaller than 0.28 centimetre and lines are at least one-and-a-half spaced.
- Add a transcription of the name in capitals where the signature is not legible.
- File a sequence listing in computer-readable text format, not print.
- Give names, addresses and nationality in full.
A worked example
Kavya Dairy Technologies prepares a complete specification of 28 pages and 9 claims. The attorney sets A4 pages, a 4 centimetre top and left margin and 3 centimetre bottom and right margin, numbers pages at the bottom centre, and numbers every fifth line of the description and claims. The signature on the covering Form is a stylised mark, so the attorney adds the name in capital letters beneath it, as rule 9(2) requires. For a request that has no listed Form, such as a short letter asking the Controller to note a change of contact detail, rule 8(2) allows Form 30.
Rules and the Act
The Act's own provision on the form of application is in section 7. See our article on section 7 of the Patents Act, 1970 for how the Forms fit with the Act's filing requirements.
Need help with format and Forms?
Format errors cause avoidable objections. If you want your Form, specification and layout checked before filing, you can get in touch through our patent drafting and filing service.
Key takeaways
- Use the Form named in the Second Schedule, with the variations the case needs.
- Form 30 is available only where no other Form is specified.
- Rule 9(1) applies to documents other than affidavits and drawings: Hindi or English, A4, margins, 0.28 cm characters, page and line numbering.
- Illegible or non-English or non-Hindi signatures need a capital-letter transcription.
- Sequence listings go in computer-readable text format.
- Names and addresses must be given in full with nationality.
- Later amendments after the Second Amendment Rules, 2024 should be checked.
Read next
- Rule 7: fees, mode of payment and refund
- Rules 10 and 11: proof of right to apply and order of recording applications
- Patent specification (complete): draft template and guide
- Section 7 of the Patents Act, 1970: form of application
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.