Rule 84 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 84 is the first step in restoring a patent that has ceased because renewal fees were not paid. It prescribes Form 15, tells the Controller what to do if no prima facie case is made out, gives the applicant one month to ask for a hearing, and requires publication of the application where the Controller is prima facie satisfied that the failure to pay was unintentional.
An application for restoration of a patent under section 60 is made in Form 15 (rule 84(1)). If the Controller is satisfied that no prima facie case has been made out, he intimates the applicant, who has one month to request a hearing; otherwise the application is refused (rule 84(2)). If a hearing is requested and the Controller is prima facie satisfied that the failure to pay the renewal fees was unintentional, he publishes the application (rule 84(3)). The fee is entry 21 of the 2024 table.
Where this rule sits
Chapter X of the Rules, "Restoration of patents", has three rules. Rule 84 starts the process, rule 85 provides for opposition and rule 86 for payment of the unpaid fees; see our article on rules 85 and 86. The Act provisions are sections 60 to 62; see our post on restoration after lapse under section 60 and our guide on sections 61-62, restoration procedure and rights of patentees of restored patents.
Rule 84 was not changed in 2024. What changed is the surrounding rules: renewal-fee payment (rule 80, discussed in our article on renewal fees) and the fee table, which now sets the Form 15 fee in entry 21.
If a patent has lapsed, the time between the lapse and the application matters, and the evidence of why the fee was not paid matters more. For help assembling the case, see our patent renewal service.
Sub-rule (1): Form 15
"An application for the restoration of a patent under section 60 shall be made in Form 15."
The Second Schedule's list of forms describes Form 15 as "Application for restoration of patents", citing section 60 and rule 84. The fields of the form are not printed in the sources consulted, so this article does not describe them. The sub-rule does not say what must go with the form, such as a statement of the reasons for non-payment, and the text is silent on any period within which the application must be made; the Act article on section 60 deals with the period.
Sub-rule (2): when no prima facie case is made out
"Where the Controller is satisfied that a prima facie case for the restoration of any patent has not been made out, he shall intimate the applicant accordingly and unless the applicant makes a request to be heard in the matter within one month from the date of such intimation, the Controller shall refuse the application."
The structure is:
- the Controller forms the view that no prima facie case is made out;
- he intimates the applicant;
- the applicant has one month from the date of the intimation to ask to be heard;
- if the applicant does not ask in that time, the Controller "shall refuse the application".
The sub-rule says the Controller "shall refuse" when no request is made in time. It does not say how the intimation is given, and the text is silent on any extension of the one month.
Sub-rule (3): hearing and publication
"Where applicant requests for a hearing within the time allowed and the Controller, after giving the applicant such a hearing, is prima facie satisfied that the failure to pay the renewal fees was unintentional, he shall publish the application."
So publication follows a two-part test: the applicant must have asked for the hearing in time, and, after the hearing, the Controller must be prima facie satisfied that the failure to pay was unintentional. Note the standard: the test at this stage is prima facie satisfaction, not final determination. Publication opens the door to opposition under rule 85 within two months. If the Controller is not satisfied at this stage, the sub-rule does not state the outcome in terms; the text is silent on a formal refusal order after the hearing.
What the rule leaves out
Rule 84 does not say what evidence is needed, in what manner the hearing is conducted, or when the Controller must act. The earlier hearing rules (rule 62) are not applied to this stage by the text of rule 84. What is clear is the sequence: Form 15, then prima facie view, then a one-month window to be heard, then publication if the test is met.
Fee for Form 15
Entry 21 of Table I of the First Schedule as substituted in 2024 is headed "On application for restoration of a patent under section 60", Form 15. 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 |
The head is allowed in both modes. Entry 22, an additional fee for restoration under section 61(3) and rule 86(1), is separate and is explained in our article on rules 85 and 86. The unpaid renewal fees themselves are those of entry 18, discussed in the article on rule 80.
The process in steps
| Step | Provision | What happens |
|---|---|---|
| 1 | Rule 84(1) | Application in Form 15 under section 60, with the entry 21 fee |
| 2 | Rule 84(2) | If no prima facie case, Controller intimates the applicant |
| 3 | Rule 84(2) | One month from intimation to ask for a hearing; if none, the application is refused |
| 4 | Rule 84(3) | If a hearing is requested and held, and the Controller is prima facie satisfied the failure was unintentional, the application is published |
| 5 | Rule 85 | Any person interested may oppose in Form 14 within two months of that publication |
| 6 | Rule 86 | If decided in favour of the applicant, unpaid renewal fees and the additional fee are paid within a month of the order, and the decision is published |
Practical example
Prisha's company owns a patent whose sixth-year renewal was missed because the accounts officer who held the renewal diary left the company in the same month. The patent lapsed. The company applies in Form 15 under section 60, paying the entry 21 fee, as per the First Schedule as substituted in 2024, in the "others" column. The Controller is not satisfied, on the papers, that a prima facie case is made out and intimates the company. The company asks to be heard within one month of the date of the intimation. After the hearing the Controller is prima facie satisfied that the failure to pay was unintentional, and he publishes the application. Anyone interested may now oppose within two months. The company still has the rule 86 payment to make if the decision goes its way.
If the company had not asked to be heard within the month, rule 84(2) says the Controller "shall refuse the application".
Practical points
- Do not let a lapse go unattended: restoration is a process with several steps and a public notice.
- Keep records that show the failure was unintentional; the sub-rule makes that the test for publication.
- If you receive an intimation under sub-rule (2), diarise one month from its date to request a hearing.
- Plan for opposition after publication under rule 85.
- Budget for the entry 21 fee, the unpaid renewal fees and the additional fee.
- Check the current First Schedule and the Act article on the time for restoration.
Need help restoring a lapsed patent?
Restoration depends on the evidence that the failure was unintentional and on timing at each step. TaxClue can help gather that evidence, file Form 15 and prepare for the hearing; see our patent renewal service.
Key takeaways
- Rule 84(1): the application under section 60 is made in Form 15.
- Rule 84(2): if no prima facie case, the Controller intimates the applicant, who has one month to request a hearing; otherwise the application is refused.
- Rule 84(3): after a hearing, if the Controller is prima facie satisfied the failure to pay was unintentional, he publishes the application.
- Fee: entry 21, Rs 2,400 or Rs 12,000 in e-filing; Rs 2,650 or Rs 13,200 in physical filing.
- Opposition follows under rule 85. Later amendments should be checked.
Read next
- Restoration of patent after lapse: section 60 process
- Rule 85-86: opposition to restoration and payment of unpaid renewal fees
- Rule 80: renewal fees
- Rule 87: surrender of patents
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.