Rules 81-83 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.
Chapter IX of the Patents Rules, 2003 deals with amendment. Rule 81 says how an application under section 57 is made (Form 13) and what happens before and after grant. Rule 82 says how the amended document is prepared. Rule 83 requires amendments allowed after grant to be published.
An application under section 57 to amend an application for a patent, a complete specification or a related document is made in Form 13 (rule 81(1)). Before grant, the Controller decides whether and on what conditions the amendment is allowed (rule 81(2)). After grant, a substantive amendment application is published, and any interested person may oppose in Form 14 within three months of publication (rule 81(3)). The Controller may require an amended document within a time he specifies (rule 82). Amendments allowed after grant are published (rule 83).
Where these rules sit
Rules 81 to 83 are the procedure for section 57 of the Act. See our guide on section 57, amendment of application and specification before the Controller and on section 59, supplementary provisions as to amendment. For the practical side of changing claims during examination and after grant, see our post on patent claims amendment.
None of the three rules was amended in 2024. The substituted fee table of 2024 does set the fees for Form 13 (entry 19) and for the Form 14 notice (entry 20).
When a response to the Controller's objections requires changes to the specification, the amendment route is often involved. If you need help with an amendment or with the reply to an examination report, see our patent objection reply service.
Rule 81(1): Form 13
"An application under section 57 for the amendment of an application for a patent or a complete specification or any document related thereto shall be made in Form 13."
The Second Schedule's list of forms describes Form 13 as the "Application for amendment of the application for patent/ complete specification", citing section 57 and rule 81(1). This is the form for amendment. It is not a form for the reply to a statement of objections; the Rules prescribe no separate form for that reply.
Rule 81(2): amendment before grant
"If the application for amendment under sub-rule (1) relates to an application for a patent which has not been granted, the Controller shall determine whether and subject to what conditions, if any, the amendment shall be allowed."
Before grant the Controller decides, and he may attach conditions. The sub-rule does not provide for publication or opposition in that case. The text does not say what the grounds of decision are; those come from the Act.
Rule 81(3): amendment after grant
The sub-rule has three clauses.
- (a) "If the application for amendment under sub-rule (1) is made after grant of patent and the nature of the proposed amendment is substantive, the application shall be published."
- (b) "Any person interested in opposing the application for amendment shall give a notice of opposition in Form 14 within three months from the date of publication of the application."
- (c) "The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 57 as they apply to the hearing of an opposition proceeding."
Two features. Publication depends on the amendment being made after grant and being substantive. The rule does not define "substantive", so an applicant cannot assume that a small change falls outside it, and the text is silent on who decides. Opposition is by notice in Form 14 within three months, and the written statement, reply, evidence, hearing and costs steps are borrowed from rules 57 to 63. Our articles on rule 62 and the nearby rules describe those steps.
Rule 82: preparing the amended document
"Where the Controller allows the application for a patent or the complete specification or any other document to be amended, the applicant shall, if the Controller so requires and within the time to be specified by him, leave at the appropriate office an amended application or the specification or the other document, as the case may be, in accordance with the provisions of these rules."
Once an amendment is allowed, the Controller may require the applicant to file the amended document, within a time he specifies. The rule says the amended document must be in accordance with the provisions of the Rules. It states no fixed period; the Controller fixes it case by case.
Rule 83: publication of the amendment allowed
"The amendments allowed after a patent has been granted, shall be published." A short rule with a clear scope: only amendments allowed after grant are published. Amendments allowed before grant are not covered by rule 83.
Fees
The fee for Form 13 is entry 19 of Table I of the First Schedule as substituted in 2024, "On application for amendment of application for patent or complete specification or other related documents under section 57". It has three items. As per the First Schedule as substituted in 2024:
| Item | Natural person, startup, small entity or educational institution (e-filing / physical) | Others (e-filing / physical) |
|---|---|---|
| (i) Before grant of patent | Rs 800 / Rs 880 | Rs 4,000 / Rs 4,400 |
| (ii) After grant of patent | Rs 1,600 / Rs 1,750 | Rs 8,000 / Rs 8,800 |
| (iii) Where the amendment is for changing name or address or nationality or address for service | Rs 320 / Rs 350 | Rs 1,600 / Rs 1,750 |
Entry 20 covers the notice of opposition in Form 14 "to an application under sections 57(4), 61(1) and 87(2) or to surrender a patent under section 63(3) or to a request under section 78(5)": as per the First Schedule as substituted in 2024, Rs 2,400 or Rs 12,000 in e-filing and Rs 2,650 or Rs 13,200 in physical filing, the lower figure for a natural person, startup, small entity or educational institution. Both heads are allowed in both modes.
Before and after grant at a glance
| Stage | What happens | Form | Opposition |
|---|---|---|---|
| Before grant | Controller determines whether and on what conditions the amendment is allowed | Form 13 | Not provided in the sub-rule |
| After grant, substantive | Application is published | Form 13 | Notice in Form 14 within three months from publication |
| After grant, allowed | Amendment is published (rule 83) | Not applicable | Not applicable |
| Any allowed amendment | Controller may require an amended document within the time he specifies (rule 82) | Not applicable | Not applicable |
Practical example
Ravi's company has a granted patent for a water-purification cartridge. It finds that claim 1 is wider than the specification supports and wants to narrow it. It files Form 13 after grant and pays the item (ii) fee. Because the proposed amendment is substantive, the application is published. A competitor, Aqua Dynamics, has three months from publication to give notice of opposition in Form 14, paying the entry 20 fee. The opposition is conducted on the lines of rules 57 to 63. If the amendment is allowed, the Controller may require Ravi's company to leave an amended specification within a time he fixes, and the allowed amendment is published.
A different case: a start-up files Form 13 only to correct its address in an application that is still pending. The fee falls under item (iii), as per the First Schedule as substituted in 2024, Rs 320 in e-filing for a start-up. The Controller determines whether and on what conditions the amendment is allowed.
Practical points
- Use Form 13 for amendment of the application, the complete specification or a related document. It is not the form for the reply to the first statement of objections.
- Before grant, expect the Controller to decide conditions; after grant, expect publication of a substantive amendment.
- If you are opposing, calendar the three months from publication.
- Keep the amended document ready; the Controller may fix a short time.
- Check the limits on what an amendment may do against the Act; they are discussed in the section 57 and 59 guides.
- Check later amendments to the Rules, forms and fees.
Need help with an amendment?
Amendments change the rights in the patent, and amendments after grant are open to challenge. TaxClue can help draft the amended claims, prepare Form 13 and respond to the Controller; see our patent objection reply service.
Key takeaways
- Rule 81(1): application under section 57 is made in Form 13.
- Before grant the Controller decides whether and on what conditions to allow the amendment; after grant a substantive amendment is published and may be opposed in Form 14 within three months.
- Rule 82: the Controller may require an amended document within a specified time.
- Rule 83: amendments allowed after grant are published.
- Fees: entry 19 (Rs 800 to Rs 1,600 and Rs 320 for the lower column; Rs 4,000 to Rs 8,000 and Rs 1,600 for others, e-filing) and entry 20 for the Form 14 notice.
- Later amendments should be checked.
Read next
- Section 57 of the Patents Act, 1970: amendment of application and specification before the Controller
- Rule 84: restoration of lapsed patents
- Rule 85-86: opposition to restoration and payment of unpaid renewal fees
- Patent claims amendment: during examination and 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.