Government releases Draft Patents (Amendment) Rules, 2025, invites comments from Stakeholders

By Aastha Suri and Peeyush Pandey

Dear Clients and Colleagues,

In a notable move, the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) vide notification dated July 16, 2025, has proposed amendments to the Patents Rules, 2003, which shall be taken into consideration by the Central Government after the expiry of a period of thirty days of the notification in the Official Gazette of India i.e. after August 17, 2025.

The Department for Promotion of Industry and Internal Trade (DPIIT) has invited objections or suggestions from all persons likely to be affected and any such objections or suggestions. You can address any such objections or suggestions 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 before August 17, 2025.

Some of the notable proposed amendments are as under:

1. The Draft amendment Rules 2025 propose to substitute the Principal Rule 107A (Definitions) of the Act by:
   (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. The Draft Rules 2025 propose to substitute principle Rule 107B of the Act by following:
   • The Draft Rules 2025 proposes that 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. The Draft amendment Rules 2025 propose to substitute principle Rule 107C of the Act by following:
   • Section107 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, 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 and the notice shall mention the nature of contravention committed.(3) As per the proposed amendments, 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 authorized by him on such date as may be fixed in the notice.(4) As per the draft amendment rules, 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) As per the draft amendment rules, the person shall be given the opportunity 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 and the adjudicating officer shall not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam 2023 (47 of 2023).

     (6) As per the draft amendment rules, 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) As per the proposed amendments, 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 exparte after recording the reasons for doing so.

     (8) As per the proposed amendments, 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, impose penalty under the Act as he thinks fit.

     (9) As per the proposed amendments, 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) As per the proposed amendments, every order made under this rule shall be dated and signed by the adjudicating officer.

     (11) As per the proposed amendments, 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) As per the proposed amendments, 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. The Draft amendment Rules 2025 propose to substitute principle Rule 107D of the Act by following:
   • Section107 D:Appeal
   • The Draft Rules 2025 propose that an appeal under Form 33 shall be filed to Appellate Authority by any person aggrieved by an order passed by the Adjudicating officer in an electronic means within a period of sixty days from the date of receipt of the order. If the Appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of sixty days, the Appellant Authority, if satisfied, may condone the delay and allow it to be presented after the expiry of the said prescribed period.
   • The Draft Rules 2025 propose that 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 and 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. The Draft amendment Rules 2025 propose to substitute principle Rule 107H of the Act by following:
   • Section107 E: Serving upon partiesThe Draft Rules 2025 propose that all communications under this Chapter shall be transmitted through electronic means only and in proving such transmission, it shall be sufficient to show that the communication was properly addressed and transmitted through electronic means.
6. The Draft amendment Rules 2025 propose to substitute principle Rule 107I of the Act by following:
   • Section107F : Extension of timeThe Draft Rules 2025 propose that 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. The Draft amendment Rules 2025 propose to substitute principle Rule 107L of the Act by following:
   • Section107G: Order and penalties
     The Draft Rules 2025 propose that every order under Chapter XIV A (inserted vide GSR215(E)dated 16-3-2024), shall be dated, digitally signed, communicated to all the parties, and also uploaded on the official website and  all sums realized by way of penalties under the said Chapter shall be credited to the Consolidated Fund of India.

School Schedule

• The Draft Rules 2025 propose that entries related to Form 31 pertaining to section 124A and Form 32 pertaining to Section 124B under the head “FORMS” shall be omitted.
• The Draft Rules 2025 propose that after “Form No.31 which pertains to section 31” and the entries related thereto, following new Forms shall be inserted namely:

  table

  FORM 32	Section 124A, rule 107B	Complaint for contravention of sections 120, 122 and 123
  FORM 33	Section 124B, rule 107D	Appeal against an order of the adjudicating officer

The existing Sections/Forms and the proposed new additions as per the Draft Rules 2024 have been tabulated below:

table

S.NO	PARTICULARS	EXISTING RULE	PROPOSED NEW RULES	Changes to the previous Rules
1.	Rule 107A – Definitions	(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 authority 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.”	(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.”	The term, “authority” has been removed from Rule 107A (c)
	Rule 107B	(1) Any person may file a complaint in Form 31 through electronic means to the adjudicating officer regarding any contravention committed under sections 120, 122, and 123 of the Act.”	(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.”	The Form 31 has been substituted with Form 32 for filing complaint.
2.	Rule 107C	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 sub Rule (3) 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 sub-rule (8) shall specify the provisions of the Act in respect of which contravention has being committed and shall contain the reasons for imposing the penalty. (10) Every order made under sub-rule (8) 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 opposite party.	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.”	The term “sub-rule (3) has been substituted by term “this rule” to broaden the scope of the application of the Rule 107C                                                                                                                                                           The term “sub-rule 8” has been substituted by term “this rule” to broaden the scope of application of Rule 107C.                               The term “opposite party” has been substituted by the term “party against whom the complaint was received.”
3.	Rule 107D(1)	Appeal. – (1) Any person aggrieved by an order of the adjudicating officer under this rule, may prefer an appeal in Form 32 through electronic means to the appellate authority, within sixty days from the date of the order.	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.	Form 32 earlier prescribed for appeal under Rule 107D has been substituted by newly introduced Form 33.
4.		Provided that the appellate authority may entertain the appeal after the expiry of the said period if it is satisfied that he has sufficient cause for not filing the appeal within such period.	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.	The term “he has” has been substituted by the term “there was”
5.	Rule 107D (2)	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.	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.	No change
6.	Rule 107D (3)	(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.”	(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.”	No change
7.	Rule 107H	Rule 107H. 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.”	Rule 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.”
8.	107I	107I. 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 think fit.”	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.”	The term “think” has been substituted by term “deemed” and the term “with or without costs.” has been added.
9.	107L	107L:. 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 of the adjudicating office or the appellate authority, as the case may be. (2) All sums realized by way of penalties under this Chapter shall be credited to the Consolidated Fund of India.”	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.”	The phrase “of the adjudicating office or the appellate authority, as the case may be” has been inserted.
10.	SECOND SCHEDULE -LIST OF FORMS	Form 31-Section 124A, rule 107B	Form 32-Section 124A, rule 107B	Form 31 has been substituted by newly introduced Form 32.
		Form 32- Section 124B, rule 107D	Form 33- Section 124B, rule 107D	Earlier Form 32 has been substituted by newly introduced  Form 33.

• The Draft Rules 2025 propose that in SECOND SCHEDULE, after Form 30, Form 31 which pertains to section 124A and Form 32 which pertains to 124B, shall be omitted.