In one recent case, an applicant decided not to pursue an invention after internal evaluation and sought to formally withdraw the Indian patent application rather than let it expire or incur further charges. That is precisely the role of Form 29 - a controlled, procedural exit option. Many patentees overlook it, but if used correctly it preserves certain rights (like refund of part of the examination fee) and helps maintain a clean prosecution record.
This article unpacks: the legal basis of Form 29, when and how it may be used, refund rules, drafting tips, and strategic considerations.
Statutory & Rule Basis
Section 11B(4) & Rule 26
Section 11B(4) of the Patents Act (as amended) provides that where a request for examination is not made within the prescribed period, the application shall be deemed to be withdrawn. But separately, an applicant may voluntarily withdraw the application under that subsection.
Rule 26 of the Patents Rules, 2003 prescribes that a request for withdrawing the application under sub-section (4) of section 11B shall be made in Form 29.
Rule 7(4A) also references withdrawal under certain circumstances in the initial filing rules (for defect-correction etc.).
Thus, Form 29 operates under the combined authority of the Act and Rules to allow an applicant to withdraw one’s own application before certain stages of examination or further processing.
When & Why Use Form 29
Voluntary withdrawal via Form 29 is commonly used in situations such as:
After initial publication but before the Examination Report (FER) is issued, when the applicant decides not to proceed.
To withdraw a Request for Examination (or accelerated/exspedited examination) before examination has begun, if one wants to avoid costs.
To “clean up” the file before abandonment or to save from further processing.
To take advantage of refund of a portion (90%) of the examination fee if the request is made before the First Examination Report is issued.
The Patent Office confirms there is no fee for use of Form 29 itself.
However, note:
Once the FER is issued, the opportunity to withdraw with full refund is lost; withdrawal is still possible, but you may not recover the examination fee.
If the application is already advanced to later stages (e.g. post-examination response), withdrawal gives up all further rights.
You must file Form 29 timely - in line with the overall 48-month time frame for request for examination (or earlier). Some views hold that Form 29 must be filed within 48 months from filing or priority date (whichever earlier) before an Examination Report is issued.
In practice, the status “Withdrawn” in the IPO system may reflect Form 29 as the mechanism.
Format & Contents of Form 29
You can download the official PDF of Form 29 from IP India.
Key contents include:
Name of the applicant
To be signed by applicant or authorised registered patent agent
Name of the natural person signing (if an agent signs, the name of the individual)
Statement of withdrawal:
The application number and filing date
If applicable, the request for examination / expedited examination number and date
A statement that the application be treated as withdrawn under Rule 7(4A) or Rule 26
Date, place, signature, name, designation
Addressed to the Controller of Patents at the relevant Patent Office
The form allows you to strike out whichever clause is inapplicable (Rule 7(4A) or 26).
No fee line is present on the form (i.e. “No fee”).
Procedure & Office Action
File the Form 29 with the Patent Office (e-filing or physical) addressed to the Controller of the relevant Patent Office.
Once the Controller processes it, the application (or the request for examination) is formally withdrawn and no further actions (objections, examination) will proceed in that file.
If the Form is filed before issuance of the FER, the applicant is entitled to refund 90% of the examination fee.
If the FER is already issued, the withdrawal is effective but the examination fee refund is not generally granted.
The record will reflect “Withdrawn” status in IPO’s database.
Strategic Tips & Considerations
Time carefully: If your plan is to withdraw and receive examination fee refund, you must act before FER issuance.
Avoid unnecessary costs: If you foresee non-pursuance early, withdrawing is better than pushing through unnecessary filing or amendment costs.
Maintain clean lineage: Withdrawal leaves the file in a cleaner state, useful if you wish to later file a revised or improved application.
Check for dependencies: If your withdrawal would affect a corresponding PCT national phase entry or linked applications, evaluate that impact.
Record the decision: Internally document reasons for withdrawal, so that if audited or questioned later, your decision is traceable.
No refund claim without Form 29: Even if you stop further prosecution informally, the Office may not consider it a lawful withdrawal unless Form 29 is filed.
Watch the 48-month overall deadline: An application can also be deemed withdrawn under Section 11B(4) if no request for examination is filed within 48 months. Form 29 gives you the power to withdraw earlier on your terms.
