Second Schedule 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.
The Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024) printed new texts for Forms 1, 3, 4 and 27 and added Forms 8A and 31 (grace period). This article walks through what each of these forms asks for, as printed, and adds Form 18A and Form 28, whose texts are printed in the principal Rules. It describes only forms whose text is printed in the Rules; other forms are listed in our article on the list of forms.
Form 1 is the application for grant of a patent and now has fields for the type of application (ordinary, convention, PCT national phase, PPH, divisional, patent of addition), applicant category, inventors, authorised agent, address for service, priority and declarations. Form 3 is the section 8 statement and undertaking. Form 4 is the request for extension of time or condonation of delay. Form 8A requests a certificate of inventorship or a duplicate. Form 27 is the statement of working. Form 31 (grace period) claims the benefit of section 31 by listing the evidence. Forms 18A (expedited examination) and 28 (status declaration) are in the original text of the Rules. Fees are as per the First Schedule as substituted in 2024.
Form 1: application for grant of patent
Form 1 is headed "Application for grant of patent", citing "section 7, 54 and 135 and sub-rule (1) of rule 20". It has a section for office use (application number, filing date, amount of fee paid, CBR number, signature). Its paragraphs are:
- Applicant's reference or identification number (as allotted by office).
- Type of application, by tick: ordinary, convention, PCT-NP (national phase), PPH; each with divisional or patent of addition options.
- Applicant(s): (A) name in full, gender (optional, for individuals), nationality, country of residence, age (optional, for natural persons), address, email and contact number, with OTP verification mandatory for email and mobile (these details "will be redacted"); (B) category of applicant: natural person, other than natural person, educational institution, small entity, startup, others.
- Inventor(s): whether all inventors are the same as the applicants; if not, their details.
- Title of the invention.
- Authorised registered patent agent(s): IN/PA number, name, mobile number.
- Address for service in India: name, postal address, telephone, mobile, fax, e-mail.
- Convention application particulars: country, application number, filing date, applicant, title, IPC.
- PCT national phase particulars: international application number and filing date.
- Divisional application particulars under section 16: original application number and filing date.
- Patent of addition particulars under section 54: main application or patent number and date.
- Declarations: by the inventor(s) (true and first inventors; applicant is assignee or legal representative); by the applicant in the convention country; and by the applicant(s), by ticking applicable statements, including possession of the invention, filing of the specification, use of biological material from India and the permission to be submitted before grant, no lawful ground of objection, true and first inventor or assignee, first application in convention country, PCT basis, division and improvement or modification.
- Attachments: Form 2 (specification details, claims, abstract, drawings), complete specification and drawings for PCT cases (2 copies), sequence listing in electronic form, priority documents or a request to retrieve them from DAS, translations, Form 3, Form 5 and the power of authority; total fee and mode of payment; declaration and request that a patent be granted; signature; address to the Controller.
Notes at the foot say to repeat boxes for more than one entry, that the form is to be signed by the applicant(s) or the authorised registered patent agent, to tick or cross the declarations, to give names in full with the family name first, and "For fee: See First Schedule." The fee is entry 1 of Table I (application, with charges for sheets beyond 30 and claims beyond 10); see our article on patent fees by applicant category and filing mode. The amending rules replaced the earlier Form 1 text, which is not reproduced in the Rules as published, so a field-by-field comparison with the old form cannot be made from the Rules alone. For help preparing the form and its attachments, see our patent drafting and filing service.
Form 3: statement and undertaking under section 8
Form 3, headed "Statement and undertaking under section 8" and citing "sub-rule (2) and (3) of Rule 12", asks the applicant to declare: the application number and date in India (alone or jointly); either that no application has been made for the same or substantially the same invention outside India, or the particulars of those made, with a table of country, date, application number, status, date of publication and date of disposal; the name and address of any assignee of the Indian application; and an undertaking to keep the Controller informed in writing, up to the date of grant, of the details of corresponding applications outside India, in accordance with section 8 and rule 12. It is signed by the applicant or authorised registered patent agent with the name of the natural person who signed. Fee: entry 3, no fee. See Rule 12.
Form 4: request for extension of time or condonation of delay
Form 4 is headed "Request for extension of time or condonation of delay" and cites sections 53(2) and 142(4) and rules 12(5), 13(6), 24B(6), 24C(11), 80(1A), 130, 131(2) and 138. It has one operative statement: "I/We ... hereby request for extension of time for ... month(s) under section/rule ... in connection with my/our application/Patent No. ...", followed by the reasons, the date, the signature of the applicant or authorised registered patent agent, and the name of the natural person who signed. The foot reads "For fee: See First Schedule." Fee: entry 4, payable per month with sub-entries (i) to (v); entry 4(v) for rule 138 is Rs 10000 per month (e-filing, first column). See Rule 138.
Form 8A: certificate of inventorship
Form 8A, "Certificate of Inventorship ", lets an inventor request a certificate of inventorship for a patent number or, alternatively, a duplicate certificate with a statement of the circumstances in which the original was lost, destroyed, damaged or cannot be produced. The signature block requires: name of the inventor who has signed; Aadhaar number of the inventor (for Indian inventors); address; mobile number and e-mail, each with OTP verification mandatory ("will be redacted"); and the date. The form carries the note that the certificate "does not, in any manner whatsoever, confer or derogate from any rights under the patent". Fee: entry 12, Rs 900 (e-filing) and Rs 1000 (physical) for the first column; "Not applicable" for others. See Rule 70A.
Form 27: statement regarding working
Form 27 is headed "No Fee". It asks for the patentee's or licensee's name, address, nationality and patent number(s) (one form may cover related patents of the same patentee); the financial year; whether each patent is worked or not worked; the reason if not worked (development or commercial trial, regulatory review or approval, exploring commercial licensing, other); whether the patent is available for licensing, with contact details; and a signature. See Rule 131. Fee: entry 54, no fee.
Form 31 (grace period)
Form 31, "Grace period ", is used under rule 29A to claim the benefit of section 31. The applicant gives name, address, nationality, application number and filing date, and ticks the applicable provision, section 31(a), (b), (c) or (d). For each, the form asks for dates and evidence:
| Provision | What the form asks for |
|---|---|
| Section 31(a) | Earliest date of display or use; whether the display was with the consent of the true and first inventor or a person deriving title; that it was at an industrial or other exhibition to which the section has been extended by notification; documentary evidence |
| Section 31(b) | Earliest date of publication or use; the evidence for 31(a); evidence that publication occurred in consequence of display or use |
| Section 31(c) | Earliest date of use; the evidence for 31(a) or 31(b); evidence of the use; evidence or affidavit that the use was without the consent of the true and first inventor or a person deriving title |
| Section 31(d) | Earliest date of description or publication; a paper read by the true and first inventor before a learned society; a description published by or with the consent of the inventor in the transactions of a learned society |
The undertaking states that the invention was in the public domain from a stated date and that the application is made not later than 12 months from that date (the earliest date stated for section 31(a), (b), (c) or (d)). A note says evidence may also include an affidavit, which the applicant signs. Fee: entry 59, Rs 500 (e-filing) and Rs 550 (physical) for the first column; Rs 2500 and Rs 2750 for others. The Patents (Second Amendment) Rules, 2024 insert a different form, also numbered 31 (complaint for contravention of sections 120, 122 and 123); the Rules do not say which prevails. See Rule 29A and the list of forms.
Form 18A: request for expedited examination
Form 18A, from the original text of the Rules, is "Request for expedited examination of application for patent ". It offers three alternative requests: examination under sections 12 and 13 of an application; examination of an application based on a PCT application immediately without waiting for the expiry of 31 months in rule 20(4)(ii); or conversion of a request for examination into a request for expedited examination under rule 24C. The applicant ticks the ground: India as competent International Searching Authority or elected International Preliminary Examining Authority; startup; small entity; a female applicant (natural persons); a Government-owned or controlled institution; a Government company; an institution wholly or substantially financed by the Government; a notified sector; or an arrangement between the Indian Patent Office and a foreign Patent Office. The form lists the evidence for each ground, such as the startup recognition certificate or MSME registration evidence. Fee: entries 29 and 30; not allowed in physical mode. See Rule 24C.
Form 28: status declaration
Form 28 is "To be submitted by a small entity / startup / educational institution ". The applicant or patentee declares that it is a small entity under rule 2(fa), a startup under rule 2(fb) or an educational institution under rule 2(ca), and submits proof: for a small entity, evidence of registration under the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006) for an Indian applicant, or any other document for a foreign entity; for a startup or educational institution, any document as evidence of eligibility as defined in rule 2(fb) or 2(ca). Fee: entry 55, no fee. See Rule 2.
Summary table
| Form | Heading | Rule or section cited on the form | Fee entry |
|---|---|---|---|
| 1 | Application for grant of patent | Sections 7, 54, 135; rule 20(1) | 1 |
| 3 | Statement and undertaking under section 8 | Rule 12(2) and (3) | 3 (no fee) |
| 4 | Extension of time or condonation of delay | Sections 53(2), 142(4); rules 12(5), 13(6), 24B(6), 24C(11), 80(1A), 130, 131(2), 138 | 4 |
| 8A | Certificate of inventorship | Rule 70A | 12 |
| 18A | Request for expedited examination | Section 11B; rule 24C | 29, 30 |
| 27 | Statement regarding working | Section 146(2); rule 131(1) | 54 (no fee) |
| 28 | Small entity, startup, educational institution | Rules 2(fa), 2(fb), 2(ca), 7 | 55 (no fee) |
| 31 | Grace period | Section 31; rule 29A | 59 |
Practical example
Helix Devices Pvt Ltd, a startup, displayed a prototype at a notified exhibition with the inventor's consent and now files an application. It uses Form 1, ticking "Startup" in paragraph 3B, attaches Form 2, Form 3, Form 5 and the authority for its agent, and files Form 28 with proof of recognition. To claim the benefit of section 31(a), it files Form 31 (grace period) with the earliest date of display and documentary evidence; the undertaking says its application is made within 12 months of that date. It pays the entry 1 and entry 59 fees at the first-column rates.
Need help completing the forms?
Fields, declarations and evidence need to match each other across the forms. Our patent drafting and filing service prepares Form 1 and the attachments, and handles Forms 3, 28 and 31 where they apply.
Key takeaways
- Forms 1, 3, 4 and 27 were substituted in 2024; Forms 8A and 31 (grace period) were added.
- Form 1 collects application type, applicant category, inventors, agent, address for service, priority, divisional and addition particulars and declarations.
- Form 8A requires the inventor's Aadhaar number for Indian inventors and OTP-verified contact details.
- Form 31 (grace period) lists evidence for section 31(a) to (d) and an undertaking that the application is made within 12 months.
- Forms 18A and 28 come from the original text of the Rules.
- Two forms are numbered 31; the Rules do not settle which prevails.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Second Schedule: list of forms, Form 1 to Form 32
- First Schedule: patent fees by applicant category and filing mode
- Rule 29A: grace period application in Form 31
- Rule 70A: certificate of inventorship
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.