Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-18072025-264785
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 432]
NEW DELHI, THURSDAY, JULY 17, 2025
MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
NOTIFICATION
New Delhi, the 16th July, 2025
G.S.R. 475(E).—The following draft rules to further amend the Patents Rules, 2003 which the Central
Government proposes to make in exercise of the powers conferred by sub-section (3) of section 159 of the Patents
Act, 1970, are hereby published for the information of all persons likely to be affected thereby, and notice is hereby
given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date
on which copies of the Gazette of India, in which this notification is published, are made available to the public;
Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion of Industry and
Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New Delhi- 110001 or by
e-mail at ipr-patents@gov.in;
The objections and suggestions, which may be received from any person with respect to the said draft rules before the
expiry of the period so specified, will be considered by the Central Government.
Draft Rules
1. In the Patent Rules 2003 (hereinafter referred to as the Principal Rule), Rule 107A of the principal rules, shall be
substituted by the following namely:-
"-Section 107A. Definitions. - In this Chapter, unless the context otherwise requires, -
(a) "adjudicating officer" means an officer authorized under section 124A of the Act;
(b) "appellant" means a person aggrieved with an order of adjudicating officer and prefers an appeal
before the appellate authority under sub-section (1) of section 124B of the Act;
(c) "appellate authority" means an officer authorized under sub-section (1) of section 124 B of the
Act;
(d) words and expressions used in these rules and not defined but defined in the Act, shall have the
meaning respectively assigned to them in the act."
2. In Principal Rule, Rule 107B, shall be substituted by the following namely:-
"-107 B. Complaint. — (1) Any person may file a complaint in Form 32 through electronic means to the
adjudicating officer regarding any contravention committed under sections 120, 122, and 123 of the Act."
3. In Principal Rule, Rule 107C, shall be substituted by the following namely:-
"-107 C. Holding of inquiry. (1) For the purpose of adjudication under section 124A of the Act as to
whether any person has committed any contravention as specified in that section, the adjudicating officer
shall, issue a notice through electronic means to such person requiring him to show cause within such period
as may be specified in the notice (being not less than seven days from the date of service thereof) why an
inquiry should not be held against him.
(2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed.
(3) After considering the cause, if any, shown by such person, if the adjudicating officer is of the opinion that
an inquiry should be held, he shall issue a notice requiring the appearance of that person personally or
through a legal practitioner duly authorised by him on such date as may be fixed in the notice.
(4) On the date fixed, the adjudicating officer shall explain to the person proceeded against or his legal
practitioner, the contravention, committed by such person and the provisions of the Act, in respect of which
contravention is alleged to have been committed.
(5) The adjudicating officer shall, then, give an opportunity to such person to produce such documents or
evidence as he may consider relevant to the inquiry and if necessary, the hearing maybe adjourned to a future
date and in taking such evidence the adjudicating officer shall not be bound to observe the provisions of the
Bhartiya Sakshya Adhiniyam 2023 (47 of 2023).
(6) While holding an inquiry under this rule the adjudicating officer may require and enforce the attendance
of any person acquainted with the facts and circumstances of the case to give evidence or to produce any
document which in the opinion of the adjudicating officer may be useful for or relevant to the subject matter
of the inquiry.
(7) If any person fails, neglects or refuses to appear as required by this rule before the adjudicating officer,
the adjudicating officer may proceed with the inquiry in the absence of such person after recording the
reasons for doing so.
(8) If, upon consideration of the evidence produced before the adjudicating officer, the adjudicating officer is
satisfied that the person has committed the contravention, he may, by order in writing, impose such penalty
under the Act as he thinks fit.
(9) Every order made under this rule shall specify the provisions of the Act in respect of which contravention
has been committed and shall contain the reasons for imposing the penalty.
(10) Every order made under this rule shall be dated and signed by the adjudicating officer.
(11) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of
charge to the person against whom the order is made.
(12) The adjudicating officer shall complete the proceedings within three months from the issuance of the
notice to the party against whom the complaint was received."
4. In Principal Rule, Rule 107D, shall be substituted by the following namely:-
"-107 D. Appeal. - (1) Any person aggrieved by an order of the adjudicating officer under this rule, may
prefer an appeal in Form 33 through electronic means to appellate authority, within sixty days from the date
of order.
Provided that the appellate authority may entertain the appeal after the expiry of the said period if it is
satisfied that there was sufficient cause for not filing the appeal within such period.
(2) On receipt of the appeal, the appellate authority shall issue a notice requiring, the Respondent, to file reply
within such period as may be specified in the notice.
(3) The appellate authority shall, after giving the parties a reasonable opportunity of being heard, pass a
reasoned order, including an order for adjournment, and complete the proceedings ordinarily within six
months from the date of receipt of the appeal.”
5. In Principal Rule, Rule 107H, shall be substituted by the following namely:-
“-107E. Serving upon parties. - (1) All communications under this Chapter shall be transmitted through
electronic means only.
(2) In proving such transmission, it shall be sufficient to show that the communication was properly
addressed and transmitted through electronic means."
6. In Principal Rule, Rule 1071, shall be substituted by the following namely:-
“-107F. Extension of time. - The adjudicating officer or the appellate authority may, for reasons to be
recorded in writing, where there is a reasonable cause for the delay or failure to act, extend any period
specified in this chapter till such period as may be deemed fit with or without costs."
7. In Principal Rule, Rule 107L, shall be substituted by the following namely:-
"-107G. Order and penalties. - (1) Every order under this Chapter, shall be dated, digitally signed,
communicated to all the parties, and also uploaded on the official website.
(2) All sums realized by way of penalties under this Chapter shall be credited to the Consolidated Fund of
India."
8. In Principal Rule, in SECOND SCHEDULE,
(a) under heading FORMS after “Form No.30", entries related to Form 31 which pertains to section 124A and Form
32 which pertains to 124B shall be omitted.
(b) under heading FORMS after "Form No.31 which pertains to section 31" and the entries related thereto,
following shall be inserted namely:-
| | | |
| :--- | :----------------------------- | :------------------------------------------------- |
| -32 | Section 124A, rule 107B | Complaint for contravention of sections 120, 122 and 123 |
| 33 | Section 124B, rule 107D | Appeal against an order of the adjudicating officer |
(c) In Principal Rule, in SECOND SCHEDULE, after Form 30, Form 31 which pertains to section 124A and Form 32
which pertains to 124B, shall be omitted.
(d) In Principal Rule, in SECOND SCHEDULE, after Form 31, which pertains to Section 31, following forms shall be
inserted, namely:
"FORM 32
THE PATENTS ACT,1970 (39 OF 1970)
and
THE PATENTS RULES, 2003
COMPLAINT FOR CONTRAVENTION OR DEFAULT OF SECTIONS 120, 122 and 123
[See section 124A, rule 107(B)]
1. Particulars of Complainant (mandatory):-
a. Name:
b. Address for service:
c. Contact No.:
d. Email (for service):
2.Of Complaint: -
a. Date, time, and instance of commission of the alleged contravention or default:
b. Statement of contravention or default setting out all relevant material particulars:
c. Evidence in support of the statement:
d. Tentative amount of damage (in Monetary terms) with cost break up
I/We ........................... the Complainant herein declare that the facts stated herein are correct to the best of my/our
knowledge, information and belief.
3.Signature of the Complainant: | Signature.......................
4. Name of the natural person who has signed: | (.........................)
| To,
| The Adjudicating Officer,
| The Patent Office,
| at ...........................
Note. -Strike out whichever is not applicable.”
"FORM 33
THE PATENTS ACT,1970 (39 OF 1970)
and
THE PATENTS RULES, 2003
APPEAL AGAINST AN ORDER PASSED BY THE ADJUDICATINF OFFICER
[See section 124B, rule 107(D)]
1. Particulars of Appellant (mandatory): -
a. Name:
b. Address for service:
c. Contact No.:
d. Email (for service):
2.Particulars of Order passed by the adjudicating officer against which the appeal
is preferred: -
a. Case No:
b. Date of Order:
c. Evidence in support of the statement:
I/We ........................... the Appellant herein declare that the facts stated herein are correct to the best of my/our
knowledge, information and belief.
3.Signature of the Appellant: | Signature.......................
4. Name of the natural person who has signed: | (.........................)
| To,
| The Appellate Authority, The
| Patent
| Office,
| at ...........................
Note. -Strike out whichever is not applicable.”
[F. No. P-24031/13/2020-IPR-III]
HIMANI PANDE, Addl. Secy.
Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii)
vide number S.O. 493 (E) dated the 2nd May, 2003 and last amended vide notification number G.S.R. 215(E) dated
the 16th March, 2024.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH
YADAVA