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 Second Schedule contains the LIST OF FORMS of the Patents Rules, 2003: each form's number, the section and rule it serves and its title. This article reads that list as it stands after the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, and ties each form to its entry in Table I of the First Schedule as substituted in 2024.
Under rule 8(1), the forms in the Second Schedule, "with such variations as the circumstances of each case may require", are to be used for the purposes mentioned in them; where no form is specified, Form 30 may be used (rule 8(2)). The list runs from Form 1 to Form 30, with Form 7A, and the 2024 amendments added Form 8A (certificate of inventorship), Form 31 (grace period) and Form 31 (complaint) and Form 32 (appeal), and substituted the Form 4 entry. Two different forms are numbered 31; the Rules do not say which prevails.
How the list works
Rule 8 says the forms set forth in the Second Schedule are to be used for the purposes mentioned there, and that where no form is specified for a purpose the applicant may use Form 30. See our article on Rules 8-9. The fee for most forms is in the First Schedule; see Section 142: Fees and our articles on patent fees by applicant category and filing mode and the renewal, restoration, register and other fees. For an overview of how a patent moves from filing to grant, see patent registration process in India, and if you want the right form chosen and filled for your application, our patent drafting and filing team can help.
The table below follows the list as printed in the principal text of the Rules, with the 2024 entries applied. "Fee entry" is the entry number in Table I of the First Schedule as substituted in 2024. Where the table has no entry for the form, we say so. Several form texts are not printed in the Rules, so we do not describe their fields; the forms printed in the 2024 amendments are described in our article on the Second Schedule forms as substituted in 2024.
The list of forms
| Form | Title | Section and rule (as in the list) | Fee entry |
|---|---|---|---|
| 1 | Application for grant of a patent | Sections 7, 54 and 135 and rule 20(1) | 1 |
| 2 | Provisional / complete specification | Section 10; rule 13 | 2 |
| 3 | Statement and undertaking | Section 8 and rule 12 | 3 |
| 4 | Request for extension of time or condonation of delay (substituted 2024) | Sections 53(2) and 142(4), rules 12(5), 13(6), 24B(6), 24C(11), 80(1A), 130 and 138 | 4(i) to 4(v) |
| 5 | Declaration as to inventorship | Section 10(6) and rule 13(6) | 5 |
| 6 | Claim or request regarding any change in applicant for patent | Sections 20(1), 20(4), 20(5) and rules 34(1), 35(1) or 36(1) | 8 |
| 7 | Notice of opposition on grant of a patent | Section 25(3) and rule 55A | 9(i) |
| 7A | For filing a representation opposing grant of a patent under section 25(1) | Section 25(1) and rule 55(1) | 9(ii) |
| 8 | Request or claim regarding mention of inventor as such in a patent | Sections 28(2), 28(3) or 28(7) and rules 66, 67, 68 | 11 |
| 8A | Certificate of inventorship (inserted 2024) | Rule 70A | 12 |
| 9 | Request for publication | Section 11A(2) and rule 24A | 13 |
| 10 | Application for amendment of patent | Section 44 and rule 75 | 14 |
| 11 | Application for direction of the Controller | Sections 51(1), 51(2) and rules 76, 77 | 15 |
| 12 | Request for grant of patent | Sections 26(1) and 52(2) and rules 63A and 79 | 16 |
| 13 | Application for amendment of the application for patent / complete specification | Section 57 and rule 81(1) | 19 |
| 14 | 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 | Sections 57(4), 61(1), 63(3), 78(5) and 87(2) and rules 81(3)(b), 85(1), 87(2), 98(1), 101(3) or 124 | 20 |
| 15 | Application for restoration of patents | Section 60 and rule 84 | 21 |
| 16 | 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 | Sections 69(1) or 69(2) and rules 90(1) and 90(2) | 24 |
| 17 | Application for compulsory licence | Sections 84(1), 91, 92 or 92(A) and rule 96 | 27 |
| 18 | Request for examination of application for patent | Section 11B and rules 20(4)(ii) and 24B(1)(i) | 28 |
| 18A | Request for expedited examination of application for patent (title from the printed form) | Section 11B and rule 24C (from the form's own heading; the list has no row for it) | 29 and 30 |
| 19 | Application for revocation of a patent for non-working | Section 85(1) and rule 96 | 31 |
| 20 | Application for revision of terms and conditions of licence | Section 88(4) and rule 100 | 32 |
| 21 | Request for termination of compulsory licence | Section 94, rule 102(1) | 33 |
| 22 | Application for registration of Patent Agent | Rules 109(1) and 112 | 34 |
| 23 | Application for the restoration of the name in the register of Patent Agents | Section 130(2) and rule 117(1) | 38 |
| 24 | Application for review / setting aside controller's decision / order | Sections 77(1)(f), 77(1)(g) and rules 130(1) and 130(2) | 40 |
| 25 | Request for permission for making patent application outside India | Section 39 and rule 71(1) | 41 |
| 26 | Form of authorisation of a Patent Agent / or any person in a matter or proceeding under the Act | Sections 127, 132 and rule 135 | 47 |
| 27 | Statement regarding the working of the patented invention on commercial scale in India (substituted 2024) | Section 146(2) and rule 131(1) | 54 |
| 28 | To be submitted by a small entity with every document for which a fee has been specified | Rules 2(fa) and 7 | 55 |
| 29 | Request for withdrawal of patent application | Section 118(4) and rules 7(4A), 24C(5) and 26 | 56 |
| 30 | Miscellaneous form, to be used when no other form is prescribed | Rule 8(2) | 58 |
| 31 | Grace period (inserted 2024 by the Patents (Amendment) Rules, 2024) | Section 31 and rule 29A | 59 |
| 31 | Complaint for contravention of sections 120, 122 and 123 (inserted 2024 by the Second Amendment Rules) | Section 124A, rule 107C | No entry |
| 32 | Appeal against an order of the adjudicating officer (inserted 2024) | Section 124B, rule 107F | No entry |
Form 18A has no row in the list as printed; its text is printed after the list, and rule 24C and fee entries 29 and 30 refer to it. See our article on Rule 24C. The titles above are those of the list, except for Form 18A, whose title and citation are taken from the form itself.
Slips and clashes in the list
- Two Forms numbered 31. The Patents (Amendment) Rules, 2024 (15 March 2024) insert "Form 31, Grace period" under section 31 and rule 29A. The Patents (Second Amendment) Rules, 2024 (16 March 2024) insert "Form 31, Complaint for contravention or default of sections 120, 122 and 123" and recite that the Rules were last amended in 2021, so they do not take account of the first. The Patent Office publishes the grace-period form as Form 31. We state both facts and do not decide which number prevails. See Rule 29A and Rules 107A-107C.
- Wrong rule cited for the complaint and appeal forms. The list ties the complaint form to "rule 107C" although the complaint is under rule 107B, and the appeal form to "rule 107F" although the appeal is under rule 107D and there is no rule 107F. The complaint form's own heading cites "rule 107(1)". See Rules 107D-107L.
- Form 29 and section 118(4). The list cites "Section 118(4)" for Form 29, while rule 26 refers to section 11B(4).
- Form 7 and section 25(3). The list cites "Section 25(3)"; rule 55A speaks of section 25(2).
- Form 4's citation. The substituted list entry omits rule 131(2), which the text of Form 4 itself cites. See Rule 138.
- Form 28 and who files it. The list entry says it is submitted by "a small entity" and cites rules 2(fa) and 7; the form itself is headed "To be submitted by a small entity / startup / educational institution" and cites rules 2(fa), 2(fb), 2(ca) and 7. Fee entry 55 mentions a small entity or startup only.
- Forms 20 and 21. In the printed list the titles of these two forms sit close together. Form 20 is the application for revision of terms and conditions of licence (section 88(4), rule 100) and Form 21 the request for termination of compulsory licence (section 94, rule 102(1)), which matches fee entries 32 and 33.
Forms that changed in 2024
- Form 1 (application for grant of patent), Form 3 (statement and undertaking), Form 4 (extension of time or condonation of delay), Form 27 (statement of working) were substituted.
- Form 8A was added with rule 70A; see Rule 70A.
- Form 31 (grace period) was added with rule 29A.
- Form 31 (complaint) and Form 32 (appeal) were added with Chapter XIVA.
Forms with no fee
As per the First Schedule as substituted in 2024, no fee is shown for Form 2 (complete specification after provisional, up to 30 pages and 10 claims), Form 3, Form 5, Form 8 (for an application under section 28(2) only), Form 26, Form 27, Form 28 and Form 29. Form 30 is "As applicable". The Table has no entry for the complaint or appeal form under Chapter XIVA.
Practical example
Nova Biosciences Pvt Ltd, a startup, plans an application. It files Form 1 with Form 2, Form 3 (statement and undertaking) and Form 5 (declaration as to inventorship), and Form 28 to claim its status; of these only Form 1 carries a fee. Later it files Form 18 to request examination and, if it wants faster examination, converts the request through Form 18A. If it later wished to complain about a contravention of section 120, 122 or 123, it would look to Chapter XIVA and the complaint form (Form 31, complaint), taking care not to confuse it with Form 31 for the grace period.
Need help choosing and filing the right form?
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Key takeaways
- The Second Schedule lists the forms by number, section, rule and title; Form 30 is the miscellaneous form.
- The list runs from Form 1 to Form 30 (with Form 7A) and, after 2024, Forms 8A, 31 and 32.
- Two different forms carry the number 31: grace period and complaint.
- The list contains slips in the citations for Forms 4, 7, 29, 31 and 32.
- Most forms map to a Table I entry in the First Schedule as substituted in 2024.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Second Schedule: forms as substituted in 2024
- First Schedule: patent fees by applicant category and filing mode
- Rules 8–9: forms and filing of documents and copies
- Patent registration process in India
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.