Patents (Second Amendment) Rules, 2024 Notified:
G.S.R. 215(E).—WHEREAS the draft of certain rules, further to amend the Patents
Rules, 2003 was published as required under sub-section (3) of section 159 of the Patents Act,
1970 (39 of 1970), vide notification of the Government of India in the Ministry of Commerce &
Industry (Department for Promotion of Industry and Internal Trade) number G.S.R. 08(E), dated
the 2nd January, 2024 in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)
inviting objections and suggestions from all person likely to be affected there by before the expiry
of a period of thirty days from the date on which copies of the Official Gazette containing the said
notification were made available to public;
AND WHEREAS copies of the Official Gazette in which the said notification was
published were made available to the public on the 2nd January 2024;
AND WHEREAS the objections and suggestions received from the public in respect of
the said draft rules have been considered by the Central Government;
NOW, THEREFORE, in exercise of the powers conferred by section 159 of the Patents
Act, 1970 (39 of 1970), the Central Government hereby makes the following rules further to
amend the Patents Rules, 2003, namely:-
1. (1) These rules may be called the Patents (Second Amendment) Rules,2024.
(2) They shall comeint of or ceon the date of their publication in the Official Gazette.
2. In the Patents Rules, 2003 (herein after referred to as the said rules), after rule 107, the following
chapters shall be inserted namely, –
“CHAPTERXIVA
ADJUDICATION OF PENALTIES AND APPEALS
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 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.
107 B. Complaint.—(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.
107 C. Holding of inquiry. – (1) For the purpose of adjudication under section 124 A of the Act
whether any person has committed any contravention as specified in that section, the adjudicating
officer shall, issue anotice 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, 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 committed.
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
bebound to observe the provisions of the Bhartiya Sakshya Adhiniyam 2023 (47 of 2023).
(6) While holding an inquiry under this rule the adjudicating officermay require and enforce the
attendance of any person acquainted with the facts and circumstances of thecase 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 inthe 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 orderin 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 proceeding within the three months form the issuance
of the notice to the opposite party.
107 D. Appeal:- (1) Any person aggrieved by an order of the adjudicating under this rule, may prefer
an appeal in Form 32 through electronic means to appellate authority, within sixty days from the date of
the order, to the appellate authority, within sixty days from the date of the order.
Provided that the appellate authority may entertain appeal after the expiry of the said period it he
satisfied that he has sufficient cause for the not filling the appeal within such period.
(2) On receipt of the appeal, the appellate authority shall issuea notice requiring, to the Respondent, to
file his 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 dateof the receipt of the appeal.
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.
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 he may thinks fit.
107L. Order and penalties.- (1) Every order under this Chapter, , shall be dated, digitally signed,
communicated to all the parties, and also uploaded on theofficial website of the adjudicating officer 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”
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