The Department for Promotion of Industry and Internal Trade (‘DPIIT’) has released the Draft Patent (Amendment) Rules, 2025 (‘Draft Rules’), aiming to digitise and streamline patent adjudication in India. The changes align the Patents Rules, 2003 with the Jan Vishwas (Amendment of Provisions) Act, 2023 (‘JV Act’).

The JV Act decriminalises minor offenses and penal provisions under the Patents Act, 1970 (‘Patents Act’) such as those dealing with unauthorised patent claims, unregistered patent agent practice, wrongful use of ‘Patent Office,’ and failure to furnish required information (including Working Statement) etc., as provided under Sections 120-123 of the Patents Act, and replaces the earlier criminal penalties imposed under these provisions (including imprisonment) with higher monetary fines or administrative penalties.

The Draft Rules introduce clear definitions for key authorities such as ‘Adjudicating Officer’, ‘Appellant’ and ‘Appellate Authority’, enable electronic filing of complaints for certain patent contraventions such as those listed under Sections 120-123 of the Patents Act, and establish an inquiry process where Adjudicating Officers must issue electronic notices, can conduct online hearings, and must resolve cases within three months. Orders imposing penalties are to be digitally signed, provided free of charge, and uploaded online. An electronic appeals process is also set out, allowing aggrieved parties to appeal within 60 days, with the Appellate Authority required to decide cases within six months and permitted to condone delays for valid reasons.

The Draft Rules were open for public comments until August 16, 2025, and are currently undergoing finalisation, with a formal Notification expected in the near future.