Rule 87 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 87 is the whole of Chapter XI. It sets out what happens after a patentee offers to surrender a patent under section 63 of the Patents Act, 1970: the Controller publishes the offer, interested persons have three months to oppose in Form 14, the opposition is heard on the post-grant opposition model, and, if the offer is accepted, the patent is returned and revoked by order.
The Controller publishes the notice of an offer given under section 63 (rule 87(1)). Any person interested may, within three months from the date of publication, give notice of opposition in Form 14 in duplicate (rule 87(2)). The hearing follows rules 57 to 63 (rule 87(3)). If the Controller accepts the offer, he may direct the patentee to return the patent, and on receipt he shall by order revoke it and publish the revocation (rule 87(4)). The notice of the offer itself carries no fee in the 2024 table.
Where this rule sits
Surrender is voluntary: the patentee decides to give up the patent. The Act provision is section 63; see our guide on section 63, surrender of patents and our post on the voluntary surrender of a patent. Rule 87 supplies the procedure. It was not changed in 2024, but the fee table was substituted; the notice of an offer to surrender now appears at entry 23 with no fee.
Surrender is a one-way step, and it can affect licensees, co-owners and creditors. If you are thinking of surrendering a patent, or you want to oppose someone else's surrender, see our legal consultation service.
Sub-rule (1): publication of the offer
"The Controller shall publish the notice of an offer given under section 63."
Publication is the Controller's duty, not an option. The offer itself is made under section 63; the rule does not prescribe a form for the offer. The Second Schedule's list of forms has no form for the offer, which is consistent with entry 23 of the fee table describing a "notice of offer to surrender a patent under section 63" with no form number and no fee. The text of rule 87(1) does not say in what publication or medium the notice appears.
Sub-rule (2): opposition within three months
"Any person interested may, within three months from the date of publication of the notice, give notice of opposition to the Controller in Form 14 in duplicate."
- Who: any person interested. The rule does not define interest.
- When: within three months from the date of publication of the notice.
- How: notice in Form 14, in duplicate, to the Controller.
Form 14 is described in the Second Schedule's list as the notice of opposition to amendment, restoration or surrender of patent, grant of compulsory licence or revision of terms thereof, or to a correction of clerical errors, and the list cites section 63(3) and rule 87(2) among its provisions. It is the same form that is used in the other oppositions.
Sub-rule (3): hearing of the opposition
"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 63 as they apply to the hearing in opposition proceeding."
The opposition to surrender is conducted on the model of post-grant opposition: written statement, reply, evidence, hearing and costs. See our articles on rules 57 and 58 and on rule 62. The rule does not say who plays the part of the "patentee" in rule 58 here; the text is silent. Note too that rule 58(2) deems a patent revoked if the patentee does not reply, which would sit oddly with an offer to surrender; the text of rule 87 does not discuss the point.
Sub-rule (4): acceptance, return and revocation
"If the Controller accepts the patentee's offer to surrender the patent, he may direct the patentee to return the patent, and on receipt of such patent, the Controller shall by order revoke it and publish the revocation of the patent."
The sequence is:
- the Controller accepts the offer (after the opposition, if any, is dealt with);
- he "may direct" the patentee to return the patent;
- on receipt of the patent, he "shall by order revoke it";
- he publishes the revocation.
The word "may" in step 2 and "shall" in step 3 are as printed. The rule does not say what happens if the patentee does not return the patent, and the text is silent on any time for the return. Revocation takes effect by order, after receipt, so the patent does not end merely on the acceptance.
Fees
Two 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) |
|---|---|---|---|
| 23 | Notice of offer to surrender a patent under section 63 | No fee / No fee | No fee / No fee |
| 20 | Notice of opposition (Form 14), including to surrender a patent under section 63(3) | Rs 2,400 / Rs 2,650 | Rs 12,000 / Rs 13,200 |
Entry 20 is allowed in both modes. The opponent pays; the patentee offering to surrender pays nothing under entry 23.
The steps at a glance
| Step | Provision | Detail |
|---|---|---|
| Offer | Section 63; fee entry 23 | Notice of offer to surrender; no fee |
| Publication | Rule 87(1) | Controller publishes the notice |
| Opposition | Rule 87(2) | Interested person, Form 14 in duplicate, within three months from publication; entry 20 fee |
| Hearing | Rule 87(3) | Rules 57 to 63, so far as may be |
| Acceptance and return | Rule 87(4) | Controller may direct return of the patent |
| Revocation | Rule 87(4) | On receipt, revoked by order and the revocation published |
Practical example
Greenline Motors holds a patent for a gearbox part it no longer uses. It offers to surrender under section 63 and pays no fee for the notice. The Controller publishes the notice on 10 January. A licensee, Delta Transmissions, wants to oppose, because it would lose its rights. It has until 10 April to give notice of opposition in Form 14 in duplicate, with the entry 20 fee. The matter is heard on the opposition model of rules 57 to 63. If the Controller ends by accepting the offer, he may direct Greenline to return the patent. On receiving it, he revokes the patent by order and publishes the revocation.
If nobody opposes by 10 April, the Controller may accept the offer, direct the return of the patent, revoke it by order on receipt and publish the revocation.
Practical points
- Before offering to surrender, check licences, assignments and security interests over the patent.
- Diarise the three months from publication, whether you are the patentee or an interested person.
- File Form 14 in duplicate if you are opposing, with the entry 20 fee.
- Keep the patent certificate safe, since the Controller may direct its return.
- Remember that revocation is by order after receipt, and the revocation is published.
- Check later amendments to the Rules, forms and fees.
Need help with a surrender?
Surrender is irreversible once the revocation order is made. TaxClue can review the effect on licences and co-owners before you offer, and can prepare or answer an opposition; see our legal consultation service.
Key takeaways
- The Controller publishes the notice of an offer to surrender under section 63.
- Any person interested may oppose within three months from publication, in Form 14 in duplicate.
- The hearing follows rules 57 to 63, so far as may be.
- If the offer is accepted, the Controller may direct the return of the patent; on receipt, he revokes it by order and publishes the revocation.
- The notice of offer carries no fee (entry 23); the opposition notice is entry 20, Rs 2,400 or Rs 12,000 in e-filing.
- Later amendments should be checked.
Read next
- Section 63 of the Patents Act, 1970: surrender of patents
- Rule 85-86: opposition to restoration and payment of unpaid renewal fees
- Rule 88-92: register of patents and registration of title and interest
- Surrender of patent: voluntary giving up
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.