Patent Office puts out draft Manual of Patent Office Practice and Procedure, version 4.0: a 22-chapter guide that is not law
The Office of the CGPDTM has published a Draft Manual of Patent Office Practice and Procedure, version 4.0, 2026. It codifies procedure from filing to grant, opposition, renewal and compulsory licensing. The preface says it does not constitute rule making and does not have the force of law. It is a draft, not a final manual.
Key facts
- In force
- Draft — not in force
- Who it affects
- Patent applicants, patent agents and attorneys, in-house IP teams, opponents in patent proceedings
- What it is
- Comments invited
- Section
- Trademark & IP
- Published
- 19 August 2026
In 30 seconds
- The document is titled “Draft Manual of Patent Practice & Procedure, version 4.0, 2026” and is published on the IP India website.
- It is a draft: nothing in it is settled practice until the Office issues a final manual.
- The preface says the Manual “does not constitute rule making and, hence, does not have the force and effect of law”.
- It has Chapters 1 to 22, with a separate Chapter 9A on pre-grant opposition.
- Officers are told not to be guided solely by the Manual but to decide on the Act, Rules and judicial decisions.
- The draft itself prints no last date for comments.
हिंदी में सार
CGPDTM कार्यालय ने Manual of Patent Office Practice and Procedure का ड्राफ़्ट संस्करण 4.0 (2026) प्रकाशित किया है। इसमें आवेदन दाख़िल करने से लेकर परीक्षण, grant, opposition, renewal और compulsory licensing तक 22 अध्याय हैं। यह सिर्फ़ ड्राफ़्ट है, अंतिम नहीं; और प्रस्तावना के अनुसार मैनुअल नियम नहीं है और इसका क़ानूनी बल नहीं है। दस्तावेज़ में टिप्पणी की कोई आख़िरी तारीख़ नहीं छपी है।
What has been published
The Office of the Controller General of Patents, Designs and Trade Marks has published, on the IP India website, a Draft Manual of Patent Office Practice and Procedure, version 4.0, 2026. It is a draft. It proposes how the Patent Office’s practice will be written down; it does not decide anything yet.
Why a new version
The preface recalls that the Patents Rules, 2003 have been amended several times, the latest year listed being 2024, and that the Patent Office has been modernised through automation and electronic processing. It says that “in view of the recent amendments of Patent Rules, reengineering of patent procedures and automation in almost all activities in the Patent Office, there has been demand to revise and update” the Manual.
What status the Manual has
- It “may be considered as a practical guide for effective prosecution of patent applications in India”.
- It “does not constitute rule making and, hence, does not have the force and effect of law”.
- It is not intended to be an interpretation of the Patents Act and the Rules.
- Officers with delegated statutory powers “shall not be guided solely by the contents of this Draft Manual, but shall take judicious decisions based on the Act, Rules and judicial decisions”.
- It will be revised from time to time on the basis of court interpretations, statutory amendments and inputs from stakeholders.
- Schedules and Forms are not reproduced.
How it is arranged
| Chapters | Subject |
|---|---|
| 1–2 | Introduction and key definitions |
| 3–8 | Filing — ordinary and PCT national phase applications, convention and PCT international applications, patent of addition, divisional application, and the Indian Patent Office as ISA/IPEA |
| 9, 9A, 10 | Examination and grant, pre-grant opposition, post-grant opposition |
| 11–14 | Post-grant procedures — renewal, restoration, assignments, working of patents, appeals, revocation and compulsory licensing |
| 15–21 | Use of inventions for purposes of Government, patent agents, offences and penalties, general powers of the Controller, general services, scientific advisers and miscellaneous provisions |
| 22 | Time limits under the Act and Rules, in a table |
Infringement proceedings are not covered.
Common practices stated at the start
- Evidence is given by affidavit in proceedings before the Controller; a self-declaration signed before the Controller may also be considered admissible, if the Controller so allows.
- With e-filing, where a document must be filed in original, only one copy is submitted to the appropriate Patent Office.
- The latest document filed by the applicant is treated as final, and the corresponding earlier document is deemed superseded and cancelled.
- A Power of Attorney in Form-26 is to be stamped appropriately under the Indian Stamps Act.
The draft also notes that a hearing may be held through video-conferencing.
Comments
The draft document does not print a last date, an address or a format for comments. Anyone who wants to respond should look at the notice on the IP India website under which the draft was posted. This story does not go chapter by chapter, and it does not compare the draft with the earlier Manual, because the draft itself carries no list of what is new.
What practitioners should do
Read the chapters that bear on your pending matters — examination, opposition and time limits in particular — and check each statement against the Act and Rules. Until a final version is issued, do not treat the draft as the Office’s settled practice.
Questions and answers
Is the Patent Manual version 4.0 final?
No. The document is titled “Draft Manual” throughout. It is a proposal and not the Office’s final manual.
Does the Manual have the force of law?
No. The preface says it may be considered a practical guide but “does not constitute rule making and, hence, does not have the force and effect of law”.
What does the draft cover?
Filing, publication, specifications, divisional and convention applications, PCT, examination and grant, pre-grant and post-grant opposition, renewal and restoration, appeals, revocation, compulsory licensing, Government use, patent agents, offences, the Controller’s powers and time limits. Infringement proceedings are excluded.
What is the last date for comments on the draft?
The draft document itself does not print one. The notice on the IP India website under which it was posted should be checked.
Published 19 August 2026. Updated 6 October 2026. This report is for general information and is not professional advice. Read the source document before acting on it.