Rules 85-86 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.
Once an application to restore a lapsed patent has been published under rule 84(3), rule 85 lets any interested person oppose it in Form 14 within two months. Rule 86 deals with the end of the process: if the Controller decides in favour of the applicant, the unpaid renewal fees and an additional fee must be paid within a month of the order, and the decision is published.
Within two months from the date of publication of the application under rule 84(3), any person interested may give notice of opposition in Form 14 (rule 85(1)). The Controller sends a copy to the applicant (rule 85(2)), and the hearing follows rules 57 to 63 (rule 85(3)). If the Controller decides in favour of the applicant, the applicant must pay the unpaid renewal fees and the additional fee within a month from the date of the order, and the Controller publishes his decision (rule 86).
Where these rules sit
Rules 85 and 86 complete Chapter X. Rule 84 starts the restoration process with Form 15 and ends with publication of the application; see our article on rule 84. The Act provisions are section 60 (restoration) and sections 61 and 62 (restoration procedure and rights of the patentees of restored patents); see our guide on sections 61-62 of the Patents Act, 1970.
Neither rule was changed by the 2024 amending rules. The 2024 fee table sets the fee for the opposition notice (entry 20) and the additional fee for restoration (entry 22).
These rules matter to the patentee who has applied for restoration, and to a competitor or other person who relied on the patent having lapsed and wants to resist its revival. Both sides must watch the short periods. For support on restoration or on opposing it, see our patent renewal service.
Rule 85(1): who may oppose and when
"At any time, within two months from the date of publication of the application under sub-rule (3) of rule 84, any person interested may give notice of opposition thereto in Form 14."
The elements are:
- Who: "any person interested". The rule does not define interest, and the text is silent on any further qualification.
- When: within two months from the date of publication of the application under rule 84(3). The words "at any time" mean the opponent need not wait for any other step, but the two-month limit still applies.
- How: notice of opposition in Form 14.
Form 14, as the Second Schedule's list of forms describes it, is the "Notice of opposition to amendment/ restoration/ surrender of patent/ grant of compulsory licence or revision of terms thereof or to a correction of clerical errors", and the list cites rule 85(1) among its rules. It is the same form that other parts of the Rules use for those other oppositions.
Rule 85(2): copy to the applicant
"A copy of the notice of opposition shall be sent by the Controller to the applicant." The Controller serves the applicant; the opponent does not have to do it under this sub-rule.
Rule 85(3): the hearing procedure
"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 60 as they apply to the hearing in the opposition proceeding."
So the opposition is conducted on the post-grant opposition model: written statement (rule 57), reply statement (rule 58), reply evidence (rule 59), the limit on further evidence (rule 60), copies (rule 61), hearing (rule 62) and costs (rule 63). Our articles on rules 57 and 58 and the following rules describe each step. The words "so far as may be" mean the borrowed rules apply only to the extent they fit. In this setting, the applicant for restoration stands in the place the patentee occupies in rule 58, though rule 85 does not spell out that substitution; the text is silent on it.
A drafting point. The printed heading of rule 85 says "Opposition to restoration under section 61", while rule 85(3) speaks of "the opposition under section 60". The heading and the sub-rule name different sections. The sub-rule text is quoted as printed and is not corrected here. Note also that rule 58(2) provides for deemed revocation of a patent if the patentee does not reply; the text of rule 85 does not state how that provision applies to a restoration applicant, so the consequence of silence is not set out here.
Rule 86(1): payment after a favourable decision
"Where the Controller decides in favour of the applicant, the applicant shall pay the unpaid renewal fees and the additional fee specified in the First Schedule, within a month from the date of the order of the Controller allowing the application for restoration."
Two payments are due: the unpaid renewal fees and the additional fee, both within a month from the date of the order allowing restoration. The rule does not say what follows if the month passes without payment, and does not refer to extension of time; the text is silent. For the general power to extend time, the 2024 text of rule 138 should be read, which allows an extension of up to six months on a request in Form 4, subject to what the rest of the Rules provide.
Rule 86(2): publication of the decision
"The Controller shall publish his decision." The decision on the restoration, whichever way it goes, is published.
Fees
Three entries of Table I of the First Schedule as substituted in 2024 are involved. As per the First Schedule as substituted in 2024:
| Entry | Head | Natural person, startup, small entity or educational institution (e-filing / physical) | Others (e-filing / physical) |
|---|---|---|---|
| 20 | Notice of opposition (Form 14), including under section 57(4), 61(1) and 87(2), surrender under 63(3) and a request under 78(5) | Rs 2,400 / Rs 2,650 | Rs 12,000 / Rs 13,200 |
| 22 | Additional fee for restoration under section 61(3) and rule 86(1) | Rs 4,800 / Rs 5,300 | Rs 24,000 / Rs 26,400 |
| 18 | Renewal fees for the unpaid years | See the renewal table in the article on rule 80 | See the renewal table in the article on rule 80 |
Entries 20 and 22 are allowed in both modes. The unpaid renewal fees under rule 86(1) are the fees under entry 18 for the years missed; our article on renewal fees sets out the bands.
Summary of periods
| Event | Period | Rule |
|---|---|---|
| Opposition to the published restoration application | Two months from publication under rule 84(3) | 85(1) |
| Payment of unpaid renewal fees and additional fee | A month from the date of the order allowing restoration | 86(1) |
Practical example
Orbit Components' patent lapsed when a renewal was missed, and its restoration application was published on 1 April. Rival firm Halo Devices, which has begun selling a similar product, wants to oppose. It gives notice of opposition in Form 14 by 1 June (two months from publication), pays the entry 20 fee and sends the grounds. The Controller sends a copy to Orbit. The written statement, reply and evidence follow the opposition model of rules 57 to 63. After the hearing the Controller decides in favour of Orbit and passes an order allowing restoration. Orbit must pay the unpaid renewal fees and the entry 22 additional fee within a month of the date of that order. The Controller publishes the decision.
Practical points
- For the restoration applicant: expect the two-month window after publication and prepare the written statement early.
- For the opponent: file within two months of publication and state clearly the interest you have.
- Diarise one month from the date of the order for payment.
- Budget for the renewal fees for the missed years plus the additional fee.
- Remember that the decision is published, whichever way it goes.
- Check later amendments to rules, forms and fees.
Need help with restoration or opposing it?
These steps run on short periods and the Controller's order starts the payment clock. TaxClue can help applicants and opponents plan the timeline and prepare the papers; see our patent renewal service.
Key takeaways
- Rule 85(1): any person interested may give notice of opposition in Form 14 within two months from the date of publication under rule 84(3).
- Rule 85(2)-(3): the Controller sends a copy to the applicant; the hearing follows rules 57 to 63.
- Rule 86(1): after a favourable decision, the unpaid renewal fees and the additional fee are payable within a month from the date of the order.
- Rule 86(2): the Controller publishes his decision.
- Fees: entry 20 for Form 14 and entry 22 for the additional fee, Rs 4,800 or Rs 24,000 in e-filing.
- The heading of rule 85 refers to section 61 while sub-rule (3) refers to section 60. Later amendments should be checked.
Read next
- Rule 84: restoration of lapsed patents
- Rule 80: renewal fees
- Rule 87: surrender of patents
- Patent renewal: annual fees and restoration after lapse
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.