Patents (2nd Amendment) Rules, 2024
The Central Government proposed draft rules on 2nd January 2024 to further amend the Patents Rules,
2003, exercising powers granted by section 159 of the Patents Act, 1970. In compliance with sub-section
(3) of the said section, the draft rules have been published for the information of all potentially affected
individuals. The public has been notified that these draft rules will be under consideration thirty days
after copies of the Gazette of India, containing the notification, are made available to the public. These
proposed amendments primarily focus on empowering the adjudicating officer and introducing a more
streamlined adjudication process for penalties associated with patent infringements. Furthermore, these revisions are a continuation of ongoing endeavors aimed at improving the transparency and effectiveness of the patent procedure in India.
Detailed Analysis
Overview of Draft Rules: The draft rules begin by providing essential details such as the short title and
commencement. According to this, they will be known as the draft Patents (2nd Amendment) Rules,
2024, and will become effective on the date of their publication in the Official Gazette. The draft
introduces key definitions crucial for understanding the adjudication process. Terms like “Adjudicating
Officer,” “appellant,” and “Appellate Authority” are clearly defined, laying the foundation for a
comprehensive understanding of subsequent sections
Adjudication of Certain Penalties (Chapter XIVA): A significant addition is the introduction of Chapter
XIVA, which establishes the framework for the adjudication of penalties. This chapter empowers individuals to file complaints regarding contraventions or defaults under specific Patents Act, 1970 sections. It includes s.107A- s.107H
Appointment of Adjudicating Officer (art. 107B): The rules provide detailed insights into the appointment of the Adjudicating Officer, outlining the process and conferring powers upon them. Noteworthy provisions include random allocation of complaints and granting Adjudicating Officers
powers equivalent to a civil court.
Summary Proceedings: (art. 107C and D) The draft introduces summary proceedings, delineating
procedures when a prima facie case is and isn’t established. It outlines the issuance of notices, written submissions, and the manner of holding inquiries, ensuring a fair and efficient adjudication process.
In art. 107C- The provision for summarily dismissing cases without a prima facie basis ensures an efficient and timely resolution, preventing unnecessary delays in cases lacking merit. It ensures transparency by fulfilling the requirement for the Adjudicating Officer to pass a speaking order within one month enhances transparency, providing a clear rationale for the dismissal
Art. 107D is relied upon when the case is made out whereby the prompt initiation of proceedings when a
prima facie case is established indicates a commitment to expeditiously address valid complaints. It also
enumerates the notice mechanism that stipulates timelines for serving notices to the alleged violator and providing a copy of the complaint to enhance procedural clarity and fairness
Extension of time: Provisions for the extension of the time period are included, specifying conditions and costs. This addresses situations where a party might need additional time to respond to notices
Form and Manner of Preferring Appeal (art. 107E): The rules systematically lay out the process for filing
appeals, covering the form, grounds, and prescribed fee. This ensures clarity and adherence to regulations throughout the appeal process. It entails an appeal under Form 33 to the Appellate Authority, who shall be an officer at least one rank above the Adjudicating officer, within sixty days from the date of receipt of the order.
Registration and Disposal of Appeal (art. 107F & G): Details regarding the registration and disposal of appeals are provided, emphasizing timelines, the role of the Appellate Authority, and the communication of reasoned orders to involved parties. Where the appeal is found to be defective, the Appellate Authority
may allow the Appellant such time, not being less than fourteen days following the date of receipt of intimation by the Appellant from the Appellate Authority about the nature of the defects, to rectify the defects and on failure to do so decline to register such appeal.
Forms and Schedules: The draft introduces new forms for complaints, appeals, and opposition, streamlining the documentation process. Changes in the schedules reflect updated entry numbers and forms. The form no’s include Forms 14, 32 and 33.
Conclusion
The proposed amendments to the Patents Rules, 2003, by the Ministry of Commerce and Industry, signify
a focused effort to enhance the adjudication process. These changes aim to empower stakeholders,
establish clear procedures, and provide a structured framework for addressing contraventions or defaults in patent-related matters. The amendments, once enacted, are poised to bring clarity, efficiency, and fairness to the adjudication of patent-related penalties. Stakeholders are encouraged to provide feedback during the stipulated period for objections and suggestions.
Any objections or suggestions regarding the draft rules can be submitted to the Secretary, Department
for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India,
Vanijya Bhawan, New Delhi-110001, or via email at ipr4-dipp@nic.in. The Central Government will duly
consider objections and suggestions received within the specified period before finalizing the proposed
amendments
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
Changing Trends in Trademark Enforcement Rights
Copyright Infringement – Section 63, A Cognizable and Non-Bailable Offence
The Wake-Up Call: Why Indian Companies Should Prioritize Intellectual Property Management
Patents (2nd Amendment) Rules, 2024
The Central Government proposed draft rules on 2nd January 2024 to further amend the Patents Rules,
2003, exercising powers granted by section 159 of the Patents Act, 1970. In compliance with sub-section
(3) of the said section, the draft rules have been published for the information of all potentially affected
individuals. The public has been notified that these draft rules will be under consideration thirty days
after copies of the Gazette of India, containing the notification, are made available to the public. These
proposed amendments primarily focus on empowering the adjudicating officer and introducing a more
streamlined adjudication process for penalties associated with patent infringements. Furthermore, these revisions are a continuation of ongoing endeavors aimed at improving the transparency and effectiveness of the patent procedure in India.
Detailed Analysis
Overview of Draft Rules: The draft rules begin by providing essential details such as the short title and
commencement. According to this, they will be known as the draft Patents (2nd Amendment) Rules,
2024, and will become effective on the date of their publication in the Official Gazette. The draft
introduces key definitions crucial for understanding the adjudication process. Terms like “Adjudicating
Officer,” “appellant,” and “Appellate Authority” are clearly defined, laying the foundation for a
comprehensive understanding of subsequent sections
Adjudication of Certain Penalties (Chapter XIVA): A significant addition is the introduction of Chapter
XIVA, which establishes the framework for the adjudication of penalties. This chapter empowers individuals to file complaints regarding contraventions or defaults under specific Patents Act, 1970 sections. It includes s.107A- s.107H
Appointment of Adjudicating Officer (art. 107B): The rules provide detailed insights into the appointment of the Adjudicating Officer, outlining the process and conferring powers upon them. Noteworthy provisions include random allocation of complaints and granting Adjudicating Officers
powers equivalent to a civil court.
Summary Proceedings: (art. 107C and D) The draft introduces summary proceedings, delineating
procedures when a prima facie case is and isn’t established. It outlines the issuance of notices, written submissions, and the manner of holding inquiries, ensuring a fair and efficient adjudication process.
In art. 107C- The provision for summarily dismissing cases without a prima facie basis ensures an efficient and timely resolution, preventing unnecessary delays in cases lacking merit. It ensures transparency by fulfilling the requirement for the Adjudicating Officer to pass a speaking order within one month enhances transparency, providing a clear rationale for the dismissal
Art. 107D is relied upon when the case is made out whereby the prompt initiation of proceedings when a
prima facie case is established indicates a commitment to expeditiously address valid complaints. It also
enumerates the notice mechanism that stipulates timelines for serving notices to the alleged violator and providing a copy of the complaint to enhance procedural clarity and fairness
Extension of time: Provisions for the extension of the time period are included, specifying conditions and costs. This addresses situations where a party might need additional time to respond to notices
Form and Manner of Preferring Appeal (art. 107E): The rules systematically lay out the process for filing
appeals, covering the form, grounds, and prescribed fee. This ensures clarity and adherence to regulations throughout the appeal process. It entails an appeal under Form 33 to the Appellate Authority, who shall be an officer at least one rank above the Adjudicating officer, within sixty days from the date of receipt of the order.
Registration and Disposal of Appeal (art. 107F & G): Details regarding the registration and disposal of appeals are provided, emphasizing timelines, the role of the Appellate Authority, and the communication of reasoned orders to involved parties. Where the appeal is found to be defective, the Appellate Authority
may allow the Appellant such time, not being less than fourteen days following the date of receipt of intimation by the Appellant from the Appellate Authority about the nature of the defects, to rectify the defects and on failure to do so decline to register such appeal.
Forms and Schedules: The draft introduces new forms for complaints, appeals, and opposition, streamlining the documentation process. Changes in the schedules reflect updated entry numbers and forms. The form no’s include Forms 14, 32 and 33.
Conclusion
The proposed amendments to the Patents Rules, 2003, by the Ministry of Commerce and Industry, signify
a focused effort to enhance the adjudication process. These changes aim to empower stakeholders,
establish clear procedures, and provide a structured framework for addressing contraventions or defaults in patent-related matters. The amendments, once enacted, are poised to bring clarity, efficiency, and fairness to the adjudication of patent-related penalties. Stakeholders are encouraged to provide feedback during the stipulated period for objections and suggestions.
Any objections or suggestions regarding the draft rules can be submitted to the Secretary, Department
for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India,
Vanijya Bhawan, New Delhi-110001, or via email at ipr4-dipp@nic.in. The Central Government will duly
consider objections and suggestions received within the specified period before finalizing the proposed
amendments
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
Changing Trends in Trademark Enforcement Rights
Copyright Infringement – Section 63, A Cognizable and Non-Bailable Offence
The Wake-Up Call: Why Indian Companies Should Prioritize Intellectual Property Management
Patents (2nd Amendment) Rules, 2024
The Central Government proposed draft rules on 2nd January 2024 to further amend the Patents Rules,
2003, exercising powers granted by section 159 of the Patents Act, 1970. In compliance with sub-section
(3) of the said section, the draft rules have been published for the information of all potentially affected
individuals. The public has been notified that these draft rules will be under consideration thirty days
after copies of the Gazette of India, containing the notification, are made available to the public. These
proposed amendments primarily focus on empowering the adjudicating officer and introducing a more
streamlined adjudication process for penalties associated with patent infringements. Furthermore, these revisions are a continuation of ongoing endeavors aimed at improving the transparency and effectiveness of the patent procedure in India.
Detailed Analysis
Overview of Draft Rules: The draft rules begin by providing essential details such as the short title and
commencement. According to this, they will be known as the draft Patents (2nd Amendment) Rules,
2024, and will become effective on the date of their publication in the Official Gazette. The draft
introduces key definitions crucial for understanding the adjudication process. Terms like “Adjudicating
Officer,” “appellant,” and “Appellate Authority” are clearly defined, laying the foundation for a
comprehensive understanding of subsequent sections
Adjudication of Certain Penalties (Chapter XIVA): A significant addition is the introduction of Chapter
XIVA, which establishes the framework for the adjudication of penalties. This chapter empowers individuals to file complaints regarding contraventions or defaults under specific Patents Act, 1970 sections. It includes s.107A- s.107H
Appointment of Adjudicating Officer (art. 107B): The rules provide detailed insights into the appointment of the Adjudicating Officer, outlining the process and conferring powers upon them. Noteworthy provisions include random allocation of complaints and granting Adjudicating Officers
powers equivalent to a civil court.
Summary Proceedings: (art. 107C and D) The draft introduces summary proceedings, delineating
procedures when a prima facie case is and isn’t established. It outlines the issuance of notices, written submissions, and the manner of holding inquiries, ensuring a fair and efficient adjudication process.
In art. 107C- The provision for summarily dismissing cases without a prima facie basis ensures an efficient and timely resolution, preventing unnecessary delays in cases lacking merit. It ensures transparency by fulfilling the requirement for the Adjudicating Officer to pass a speaking order within one month enhances transparency, providing a clear rationale for the dismissal
Art. 107D is relied upon when the case is made out whereby the prompt initiation of proceedings when a
prima facie case is established indicates a commitment to expeditiously address valid complaints. It also
enumerates the notice mechanism that stipulates timelines for serving notices to the alleged violator and providing a copy of the complaint to enhance procedural clarity and fairness
Extension of time: Provisions for the extension of the time period are included, specifying conditions and costs. This addresses situations where a party might need additional time to respond to notices
Form and Manner of Preferring Appeal (art. 107E): The rules systematically lay out the process for filing
appeals, covering the form, grounds, and prescribed fee. This ensures clarity and adherence to regulations throughout the appeal process. It entails an appeal under Form 33 to the Appellate Authority, who shall be an officer at least one rank above the Adjudicating officer, within sixty days from the date of receipt of the order.
Registration and Disposal of Appeal (art. 107F & G): Details regarding the registration and disposal of appeals are provided, emphasizing timelines, the role of the Appellate Authority, and the communication of reasoned orders to involved parties. Where the appeal is found to be defective, the Appellate Authority
may allow the Appellant such time, not being less than fourteen days following the date of receipt of intimation by the Appellant from the Appellate Authority about the nature of the defects, to rectify the defects and on failure to do so decline to register such appeal.
Forms and Schedules: The draft introduces new forms for complaints, appeals, and opposition, streamlining the documentation process. Changes in the schedules reflect updated entry numbers and forms. The form no’s include Forms 14, 32 and 33.
Conclusion
The proposed amendments to the Patents Rules, 2003, by the Ministry of Commerce and Industry, signify
a focused effort to enhance the adjudication process. These changes aim to empower stakeholders,
establish clear procedures, and provide a structured framework for addressing contraventions or defaults in patent-related matters. The amendments, once enacted, are poised to bring clarity, efficiency, and fairness to the adjudication of patent-related penalties. Stakeholders are encouraged to provide feedback during the stipulated period for objections and suggestions.
Any objections or suggestions regarding the draft rules can be submitted to the Secretary, Department
for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India,
Vanijya Bhawan, New Delhi-110001, or via email at ipr4-dipp@nic.in. The Central Government will duly
consider objections and suggestions received within the specified period before finalizing the proposed
amendments
Amul Strikes Back: Court Defends Iconic Trademark Against ‘Amuleti’ Infringement
Changing Trends in Trademark Enforcement Rights
Copyright Infringement – Section 63, A Cognizable and Non-Bailable Offence
The Wake-Up Call: Why Indian Companies Should Prioritize Intellectual Property Management
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