On 18 July 2025, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India, published the Draft Patent (Amendment) Rules, 2025 in the Official Gazette. These proposed amendments aim to operationalize the changes introduced by the Jan Vishwas (Amendment of Provisions) Act, 2023, which seeks to decriminalize certain offenses under the Patents Act, 1970 and establish a civil adjudication framework.
- Adjudication Framework
- Rule 107A introduces definitions for key terms such as “adjudicating officer,” “appellant,” and “appellate authority,” aligning with Sections 124A and 124B of the Patents Act.
- Rule 107B allows any person to file a complaint electronically using Form 32 for contraventions under Sections 120 (unauthorized claim of patent rights), 122 (failure to furnish information), and 123 (unauthorized practice by non-registered patent agents).
- Rule 107C outlines the inquiry process, including electronic service of notices, a minimum response period of seven days, and provisions for hearings and evidence submission. Proceedings may continue ex parte if the respondent fails to appear, with reasons recorded.
- Appeal Mechanism
Rule 107D provides for appeals to be filed electronically using Form 33 within 60 days of the adjudicating officer’s order. The appellate authority may condone delays and is expected to conclude proceedings within six months.
- Digital Communication and Procedural Efficiency
Rules 107E to 107G mandate that all communications, orders, and notices be transmitted electronically. Orders must be digitally signed, dated, and uploaded to the official portal. Penalties collected through adjudication will be credited to the Consolidated Fund of India.
- Updated Forms
The Second Schedule of the Patent Rules has been amended to include:
- Form 32 – Complaint for contraventions.
- Form 33 – Appeal against orders of the adjudicating officer.
The Draft Patent (Amendment) Rules, 2025 represent a significant development in the evolution of India’s patent prosecution and enforcement framework. Through the integration of digital mechanisms, refinement of procedural requirements, and the introduction of structured timelines, the proposed amendments reflect the government’s continued efforts to enhance legal transparency and administrative efficiency in the intellectual property domain.