The Union Government has notified the Patents (Amendment) Rules, 2025, introducing a major overhaul in how patent-related violations are investigated and penalised in India. The amendment adds a new Chapter XIV-A, which creates a civil adjudication system for several contraventions under the Patents Act, 1970. The move shifts focus from criminal prosecution to a faster, digital and more transparent compliance regime.
New Digital Adjudication System
The new rules empower a designated Adjudicating Officer to handle complaints related to specific violations. These include unauthorized patent-rights claims, failure to furnish information demanded by the Controller, and practice by individuals who are not registered patent agents.
Complainants must file Form 32 electronically. The officer will examine the material and issue a digital notice if a prima facie case exists. The notice will offer the accused at least seven days to respond.
Clear, Time-Bound Inquiry Process
The adjudication process is fully digital. Hearings, notices and orders will be conducted or communicated only through electronic systems.
The Adjudicating Officer will explain the charge, allow representation, review evidence and call witnesses if needed. The inquiry may continue even if the accused fails to appear, provided reasons are recorded.
The officer must issue a reasoned order within three months of the notice. Penalties imposed under this chapter will be credited directly to the Consolidated Fund of India.
Appeal Mechanism with Strict Timelines
Any person aggrieved by the order can file an appeal in Form 33, again electronically. Appeals must be filed within 60 days, with delayed submissions permitted on valid grounds.
The appellate authority will issue notices, hear both sides and pass a detailed order. The appeal process must be completed within six months.
All orders must be dated, digitally signed and uploaded on the official portal.
Shift from Criminal to Civil Penalties
The rules reflect a policy shift towards civil enforcement. Earlier, several contraventions could attract criminal prosecution. The new framework emphasises monetary penalties along with a structured adjudication process, reducing the burden on criminal courts.
A Step Towards Modernised IP Enforcement
The amendment aims to streamline compliance and strengthen oversight in the patent ecosystem. It creates predictable procedures, reduces delays and encourages responsible conduct by applicants, agents and businesses.
Experts view this as a significant step toward aligning India’s IP enforcement with global best practices, especially in digital governance and administrative efficiency.