The Ministry of Commerce and Industry (MoCI) on November 25, 2025, issued the Patents (Amendment) Rules, 2025 to further amend the Patents Rules, 2003.
The following amendments have been stated:
• In the Patent Rules, 2003, for Chapter XIV A, the following chapter shall be substituted, namely: -
‘CHAPTER XIV-A
ADJUDICATION OF PENALTIES AND APPEALS
107A. Definitions. - In this chapter, unless the context otherwise requires, -
(a) "adjudicating officer" means an officer authorised under section 124A of the Act;
(b) “appellant” means a person aggrieved by an order of the adjudicating officer and who prefers an appeal before the appellate authority under sub-section (1) of section 124B of the Act.
(c) "appellate authority” means an officer authorised under sub-section (1) of section 124 B of the Act;’.
107 B. Complaint. — Any person may, in respect of any contravention committed under sections 120, 122, or 123 of the Act, file a complaint in Form 32 through electronic means before the adjudicating officer.
107 C. Holding of inquiry. - (1) For adjudication under section 124A of the Act, where the adjudicating officer has reason to believe that any person has committed a contravention specified therein, shall issue a notice to such person through electronic means, requiring him to show cause, within such period as may be specified in the notice, minimum of not less than seven days from the date of service thereof, as to why an inquiry should not be held against him.
(2) Every notice under sub-rule (1) shall specify the nature of contravention alleged to have been committed.
(3) Where, after considering the cause, if any, shown by the person referred to in sub-rule (1), the adjudicating officer is of the opinion that an inquiry should be held, shall issue a notice requiring the appearance of such person, either personally or through a legal practitioner, on such date as may be specified in the notice.
(4) On the date fixed for inquiry, the adjudicating officer shall explain to the person proceeded against, the nature of the contravention alleged to have been committed by such person and the relevant provisions of the Act in respect thereof.
(5) The adjudicating officer shall after giving the person referred to in sub-rule (3), reasonable opportunity of being heard and produce such documents or evidence as may be considered relevant to the inquiry and where necessary, the hearing may be adjourned to a future date.
(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) Where any person fails, neglects, or refuses to appear before the adjudicating officer as required under this rule, the adjudicating officer may proceed with the inquiry in the absence of such person, after recording the reasons for doing so.
(8) Where, upon consideration of the evidence produced before him, 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 considers appropriate.
(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) A copy of the order made under this rule, along with other copies of proceedings, shall be supplied free of cost to the person against whom the order is made.
(11) The adjudicating officer shall complete the inquiry and pass an order under this rule within a period of three months from the date of issuance of the notice under sub-rule (3).
(12) The adjudicating officer shall not be bound to observe the provisions of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023).
107 D. Appeal. - (1) Any person aggrieved by an order of the adjudicating officer under rule 107 C may prefer an appeal in Form 33, through electronic means to the appellate authority within sixty days from the date of the receipt of the order:
Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within such period.
(2) Upon receipt of the appeal, the appellate authority shall issue a notice to the respondent requiring him to file a 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, which may include an order for adjournment, and shall ordinarily complete the proceedings within a period of six months from the date of receipt of the appeal.
107E. Service of communications. - All communications under this chapter shall be effected through electronic means only.
107F. Extension of time. - The adjudicating officer or the appellate authority may, for reasons to be recorded in writing, extend any period specified in this chapter to such further period as may be deemed appropriate, with or without costs.
107G. Order and penalties. - (1) Every order made under this chapter shall bear the date, be digitally signed, communicated to all parties concerned, and uploaded on the official website.
(2) All sums realised by way of penalties under this chapter shall be credited to the Consolidated Fund of India.’.
They shall come into force on November 25, 2025.
[Notification No. G.S.R. 865(E)]
