Rules 98-99 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 98 is the procedure for opposing a compulsory licence application that has been published under section 87. It sets a two-month window, requires the opponent to state the licence terms he would offer, and fixes how evidence is served and the hearing is called. Rule 99 requires the Controller to publish an order revoking a patent under section 85(3).
A notice of opposition under section 87(2) is given in Form 14 and sent to the Controller within two months from the date of publication of the application under section 87(1) (rule 98(1)). It must include the terms and conditions of the licence, if any, the opponent is prepared to grant and be accompanied by evidence (rule 98(2)). The opponent serves copies on the applicant and tells the Controller when service was made (rule 98(3)). The Controller fixes the hearing with not less than ten days' notice (rule 98(5)). The Controller publishes an order revoking a patent under section 85(3) (rule 99).
Where these rules sit
Section 87(1) provides for publication of the application, and section 87(2) for notice of opposition. Rule 98 gives the procedure for that notice. For the Act provisions, see our guide on sections 86-87, adjournment and procedure for compulsory licence applications and on section 85, revocation of patents by the Controller for non-working. The earlier stage is explained in our article on rules 96 and 97.
Neither rule was changed in 2024, but the 2024 fee table fixes the fee for Form 14 at entry 20. Rule 62 is applied to the hearing by rule 98(6), and the 2024 rules also applied parts of it to pre-grant hearings under rule 55(5A).
For anyone who wants to resist a compulsory licence application, the two months after publication matter most. For an applicant, rule 98 explains what the other side must do. Either way, see our legal dispute resolution service if you need support.
Rule 98(1): the notice and the two months
"A notice of opposition under sub-section (2) of section 87 shall be given in Form 14 and shall be sent to the Controller within two months from the date of the publication of the application under sub-section (1) of the said section."
The notice is in Form 14 and goes to the Controller. The clock runs from publication of the application. The rule does not say who may oppose beyond the reference to section 87(2), and the text is silent on any extension of the two months. The Second Schedule's list of forms cites rule 98(1) and section 87(2) against Form 14.
Rule 98(2): contents of the notice
"The notice of opposition referred to in sub-rule (1) shall include the terms and conditions of the licence, if any, the opponent is prepared to grant to the applicant and shall be accompanied by evidence in support of the opposition."
Two requirements: the notice includes the terms and conditions of any licence the opponent is prepared to grant, and it is accompanied by evidence. The words "if any" mean an opponent who is not prepared to grant any licence need not propose terms. The rule mirrors rule 96, under which the applicant states the terms it is willing to accept.
Rule 98(3): service
"The opponent shall serve a copy of his notice of opposition and evidence on the applicant and notify the Controller when such service has been effected." Service on the applicant is the opponent's task, and the opponent must tell the Controller when it was done. The rule does not prescribe a mode of service; the general rules on service apply.
Rule 98(4): no further statement or evidence
"No further statement or evidence shall be delivered by either party except with the leave of or on requisition by the Controller." Compare rule 60, which restricts further evidence in an opposition to a patent. Here the text says "leave of or on requisition by the Controller"; it has no proviso about the date of fixing the hearing.
Rule 98(5): fixing the hearing
"The Controller shall forthwith fix a date and time for the hearing of the case and shall give the parties not less than ten days' notice of such hearing." The Controller acts "forthwith". The notice to the parties is not less than ten days.
Rule 98(6): borrowing rule 62
"The procedure specified in sub-rules (2) to (5) of rule 62, shall, so far as may be, apply to the procedure for hearing under this rule as they apply to the hearing in opposition proceedings." That brings in: the notice to be heard with fee (rule 62(2)); the Controller's power to refuse to hear a party who has not given it (rule 62(3)); five days' notice for a new publication (rule 62(4)); and the decision with reasons (rule 62(5)). See our article on rule 62. Sub-rule (1) of rule 62 is not borrowed, which is why rule 98(5) states the ten-day notice separately.
Rule 99: publication of the revocation order
"The Controller shall publish the order made by him under sub-section (3) of section 85 revoking a patent."
This is a one-sentence rule with one duty. When the Controller makes an order under section 85(3) revoking a patent, he publishes it. The rule does not say where or by what means, and sets no time. It is the counterpart of rule 87(4), under which a revocation on surrender is also published.
Fees
Entry 20 of Table I of the First Schedule as substituted in 2024 covers a "notice of opposition to an application under sections 57(4), 61(1) and 87(2)" and other heads, with Form 14. 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 |
Both modes are allowed. The notice to attend the hearing under rule 62(2), borrowed by rule 98(6), carries the entry 10 fee: Rs 1,500 or Rs 7,500 in e-filing and Rs 1,700 or Rs 8,300 in physical filing, as per the First Schedule as substituted in 2024. Rule 99 has no fee.
Timeline at a glance
| Step | Provision | Period or requirement |
|---|---|---|
| Publication of application | Section 87(1) | Starts the clock |
| Notice of opposition in Form 14 to the Controller | Rule 98(1) | Within two months from publication |
| Contents | Rule 98(2) | Terms of any licence the opponent will grant; evidence |
| Service on applicant | Rule 98(3) | By the opponent; Controller informed |
| Further statement or evidence | Rule 98(4) | Only with leave or on requisition |
| Hearing | Rule 98(5)-(6) | Not less than ten days' notice; rule 62(2) to (5) applies |
| Revocation order under section 85(3) | Rule 99 | Published by the Controller |
Practical example
Vega Instruments holds a patent on a flow sensor. Hydrix Ltd's application for a compulsory licence is published on 15 February. Vega gives notice of opposition in Form 14 and sends it to the Controller by 15 April, paying the entry 20 fee. Its notice says Vega is prepared to grant a non-exclusive licence on stated royalty terms, and attaches its evidence of the supply it has made. Vega serves a copy of the notice and evidence on Hydrix and informs the Controller of the date of service. The Controller fixes a hearing with at least ten days' notice. Each party gives the rule 62(2) notice with the fee. After the hearing the Controller decides. In a separate matter under section 85, if the Controller makes an order revoking a patent, rule 99 requires him to publish it.
Practical points
- Diarise two months from publication of the application, not from when you first hear of it.
- Decide before filing whether you are prepared to offer a licence, and on what terms; the notice must include them if there are any.
- Serve the applicant and tell the Controller the date.
- Put all evidence in with the notice: later evidence needs leave or requisition.
- File the rule 62(2) notice and fee for the hearing.
- Check later amendments to the Rules, forms and fees.
Need help opposing or defending?
The two-month window and the evidence rule leave little room to recover from a weak first filing. TaxClue can help prepare the Form 14 notice, the licence terms and the hearing; see our legal dispute resolution service.
Key takeaways
- Rule 98(1): notice of opposition under section 87(2) in Form 14, sent to the Controller within two months from publication of the application.
- Rule 98(2)-(3): the notice includes the licence terms the opponent is prepared to grant, with evidence; the opponent serves the applicant and tells the Controller.
- Rule 98(4)-(6): no further evidence without leave; hearing on at least ten days' notice; rule 62(2) to (5) applies.
- Rule 99: the Controller publishes an order revoking a patent under section 85(3).
- Fee: entry 20, Rs 2,400 or Rs 12,000 in e-filing and Rs 2,650 or Rs 13,200 in physical filing.
- Later amendments should be checked.
Read next
- Rule 96-97: application for compulsory licence and prima facie case
- Rule 100-102: revision and termination of compulsory licence
- Rule 62: hearing of opposition
- Compulsory licensing of patents: section 84
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.