Patents (Amendment) Rules, 2025 – Introduction of Adjudication & Appeal Mechanism

Notification No. G.S.R. 865(E) dated November 25, 2025

Applicable Act/Rule – Patents Rules, 2003

The Government previously circulated draft rules to amend the Patents Rules, 2003, proposing a formal mechanism for adjudicating penalties and appeals for contraventions under the Patents Act. These drafts were published on July 16, 2025, inviting objections and suggestions within thirty days.

The amendment inserts an entirely new Chapter XIV-A into the Patents Rules, 2003, creating a structured system for adjudicating penalties and handling appeals for contraventions under sections 120, 122, and 123 of the Patents Act. It defines the adjudicating officer and appellate authority, introduces a digital complaint mechanism through Form 32, and sets out a time-bound inquiry process that starts with an electronic show-cause notice giving a minimum seven-day response window. The adjudicating officer can conduct hearings in person or through legal representatives, proceed ex parte if the person fails to appear, and is not required to follow the Bharatiya Sakshya Adhiniyam, 2023. Inquiries must be completed within three months, and penalty orders must be reasoned, digitally signed, and uploaded online. An appeal mechanism has been established through Form 33, requiring appeals to be filed electronically within sixty days, extendable for sufficient cause, with the appellate authority expected to conclude proceedings within six months. All communications must be electronic, authorities may extend timelines for recorded reasons, and all penalties collected will be credited to the Consolidated Fund of India. The Second Schedule has been updated to include the two new forms—Form 32 for complaints and Form 33 for appeals.

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