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Patents Rules: DPIIT Proposes Outline of Adjudicating Mechanism

The Department for Promotion of Industry and Internal Trade (DPIIT) has unveiled the draft Patents (2nd Amendment) Rules, 2024, seeking suggestions from stakeholders within 30 days.

The draft rules provide the mechanism for filing a complaint regarding unauthorised claim of patent rights under Section 120 of the Patents Act, 1970, refusal or failure to furnish information under Section 122, or practice by non-registered patent agents under Section 123. The same has to be filed in Form 32 in electronic mode with a prescribed fee of Rs. 10,000.00.

DPIIT’s notification elaborates on the proceedings before the adjudicating authority and the manner in which an appeal can be filed against the decision of the adjudicating authority before the appellate authority. For such an appeal, one has to file Form 32 in electronic mode. The fee payable would be the same as that for filing the complaint.

The fines applicable for violation of Sections 120, 122 and 123 were revised, and a mechanism for holding an inquiry and imposing penalty by an adjudicating authority under provisions of the Act and filing an appeal against the order of the adjudicating authority was introduced by the addition of Sections 124A and 124B respectively, vide the Jan Vishwas (Amendment of Provisions) Act, 2023. This amendment was enacted in August 2023 to decriminalise certain offences and promote ease of doing business.

However, the amended provisions pertaining to patent law, i.e. including Sections 124A and 124B and those that empower the Central Government to prescribe, by way of rules, the manner of holding an inquiry and imposing penalty under Section 124A and the manner of filing an appeal under Section 124B, have not been brought into force yet.

The Department has also come out with draft Trade Marks (1st Amendment) Rules, 2024, and draft Geographical Indications of Goods (Registration and Protection) (2nd Amendment) Rules, 2024, providing an outline of the adjudicatory mechanisms proposed under the 2023 amendment.