Rules 88-92 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 XII of the Patents Rules, 2003 is about the Register of Patents. Rule 88 says what the Controller enters in it on grant and who may alter it. Rules 90, 91 and 92 deal with registering title and interests such as assignments, licences and mortgages: Form 16, two certified copies of the document, and a prescribed entry in the register. Rule 89 is omitted.
On grant, the Controller enters in the register the name, address and nationality of the patentee, the title of the invention, the date of the patent, the date of grant and the address for service (rule 88(1)). An application to register a title or interest under section 69 is made in Form 16 (rule 90). It is presented with two copies of the assignment or other document certified true by the applicant or his agent, and the Controller may call for further proof of title or written consent (rule 91). The Controller then registers the title or interest by an entry in the prescribed form of words (rule 92).
Where these rules sit
The register is the record of who holds a patent and on what terms. For the Act provisions, see our guides on section 67, register of patents and particulars entered, section 68, assignments not valid unless in writing and duly executed and section 69, registration of assignments and transmissions. The Rules supply the procedure. Rule 93 (entry of renewal fee) and rules 94 and 95 (alteration and inspection) are covered in our later article on those rules.
None of rules 88 to 92 was changed in 2024. The 2024 fee table sets the fee for Form 16 at entry 24. Rule 89 is omitted: after rule 88 the printed Rules go to rule 90, and the text gives no date for the omission.
If you are buying, selling, licensing or taking security over a patent, registration affects how well your position is recorded. See our patent assignment service.
Rule 88: the register of patents
(1) Entries on grant. "Upon the grant of a patent, the Controller shall enter in the register of patents at each appropriate office, the name, address and nationality of the grantee as the patentee thereof, the title of the invention (including the categories to which the invention relates), the date of the patent and the date of grant thereof together with the address for service of the patentee."
The register therefore starts with: name, address and nationality of the patentee; the title of the invention and the categories to which it relates; the date of the patent; the date of grant; and the address for service. The register is kept "at each appropriate office".
(2) Proceedings. "The Controller shall also enter in the register of patents particulars regarding proceedings under the Act before the Controller or Appellate Board or the courts in respect of every patent."
A caution on the Appellate Board. Rule 88(2) still names the "Appellate Board". The Intellectual Property Appellate Board was abolished by the Tribunals Reforms Act, 2021 and its work passed to the High Court. The rule was not amended in the sources consulted and is quoted as printed; the Board is not a current forum. See our guide on appeals to the High Court under sections 117A to 117E.
(3) Electronic register. Where the register is "in computer floppies, diskettes or any other electronic form", it is to be maintained and accessed only by a person duly authorised by the Controller, and no entry, alteration or rectification may be made by anyone not so authorised. The reference to floppies and diskettes is in the text as printed.
Rule 90: Form 16
(1) "An application referred to in sub-section (1) or sub-section (2) of section 69 shall be made in Form 16."
(2) "An application for an entry in the register of patents of any other document purporting to affect the proprietorship of the patent by the person benefiting under the document shall be made in Form 16."
So Form 16 does two jobs: applications under section 69(1) and 69(2), and applications to enter any other document that purports to affect proprietorship, made by the person who benefits from the document. The Second Schedule's list of forms describes Form 16 as an "Application for registration of a title/interest in a patent or share in it or registration of any document purporting to affect proprietorship of the patent". The fields of the form are not printed in the sources consulted.
Rule 91: presenting the document
"Every assignment and every other document giving effect to or being evidence of the transfer of a patent or affecting the proprietorship thereof or creating an interest therein as claimed in such application, shall, unless the Controller otherwise directs, be presented to him together with the application which shall be accompanied by two copies of the assignment or other document certified to be true copies by the applicant or his agent and the Controller may call for such other proof of title or written consent as he may require."
| Requirement | What the rule says |
|---|---|
| What is covered | Every assignment and every other document giving effect to or evidencing a transfer, affecting proprietorship or creating an interest |
| How presented | To the Controller together with the application, unless he otherwise directs |
| Copies | Two copies, certified to be true copies by the applicant or his agent |
| Further proof | The Controller may call for other proof of title or written consent |
The rule says the document is "presented" with the application, and two certified copies accompany it. The text does not say that the original is to be left with the Controller, and does not say what happens to the copies; it is silent on both.
Rule 92: registering and the prescribed entry
"After the receipt of an application under sub-section (1) or sub-section (2) of section 69, the Controller shall register the title of the person concerned or his interest in a patent, as the case may be, and an entry in the following form shall be made in the register, namely:- 'In pursuance of an application received on the............ Proprietor............Assignment............registered as............licencee............ by virtue of............licence............Mortgagee etc............. Mortgage deed etc............dated............and made between............of the one part and............of the other part.'"
Note the order: the rule says "after the receipt of an application" the Controller "shall register". It does not state a period within which he must do so. The entry has a fixed shape with blanks for the date of the application, the capacity (proprietor, assignee, licensee, mortgagee and so on), the instrument and its date and the parties.
Fee for Form 16
Entry 24 of Table I of the First Schedule as substituted in 2024 covers the application for entry in the register of the name of a person entitled to a patent or as a share, mortgage, licensee or otherwise, or of the notification of a document under sections 69(1) or 69(2) and rules 90(1) or 90(2). The entry notes that the fee is "in respect of each patent". As per the First Schedule as substituted in 2024:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 1,600 | Rs 1,750 |
| Others | Rs 8,000 | Rs 8,800 |
The head is allowed in both modes. Because the fee is per patent, one deed covering several patents attracts the fee for each.
At a glance
| Rule | Subject | Form | Key requirement |
|---|---|---|---|
| 88 | Register of patents | Not applicable | Entries on grant; particulars of proceedings; authorised access to the electronic register |
| 89 | Omitted | Not applicable | Not applicable |
| 90 | Application to register title or interest | Form 16 | Under section 69(1) or (2), or for any other document affecting proprietorship |
| 91 | Presentation of document | Not applicable | Two copies certified true by the applicant or agent; Controller may call for more proof |
| 92 | Registration | Not applicable | Entry in the prescribed form of words |
Practical example
Kiran Biotech assigns its patent on an enzyme process to Vidya Labs by a written deed of assignment. Vidya wants the assignment on the register. It files Form 16 under rule 90(1) with the entry 24 fee, as per the First Schedule as substituted in 2024, in the "others" column. With the application it presents the assignment and two copies certified as true copies by Vidya's agent. The Controller may ask for further proof of title or written consent, for example the board approval of Kiran. After receiving the application, the Controller registers Vidya's title and makes an entry in the form given in rule 92. Later, Vidya also takes a licence-back arrangement with a third party; that document too is presented with a Form 16 under rule 90(2), as a document purporting to affect proprietorship.
Need help with registration?
Registration is where the paper trail is tested: execution, certification and proof of title. TaxClue can review the deed, prepare Form 16 and the certified copies, and file the application; see our patent assignment service.
Key takeaways
- Rule 88: the register records the patentee, the invention, the dates and the address for service, plus particulars of proceedings; it is maintained and accessed only by authorised persons when electronic.
- Rule 89 is omitted.
- Rule 90: Form 16 for applications under section 69(1) or (2) and for documents affecting proprietorship.
- Rule 91: two copies certified true by the applicant or agent; the Controller may call for further proof.
- Rule 92: the Controller registers the title or interest and makes an entry in the prescribed words.
- Fee: entry 24, per patent, Rs 1,600 or Rs 8,000 in e-filing and Rs 1,750 or Rs 8,800 in physical filing. Later amendments should be checked.
Read next
- Section 69 of the Patents Act, 1970: registration of assignments, transmissions and other interests
- Rule 93-95: entry of renewal fee, alteration of address and inspection of register
- Rule 87: surrender of patents
- Patent assignment vs licence: key differences
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.