In a recent move, the Department for Promotion of Industry and Internal Trade (DPIIT) has issued the Draft Patents (Amendment) Rules, 2025, as published in the Official Gazette. But why is this a big update? The Draft Patents Amendment 2025 has lots of changes. Along with these proposed changes, the government is inviting stakeholders from across industries to share their feedback before the rules are finalized. To get the full picture, here are a few things you should know about the changes and the effects of these changes.
What Are the Key Changes in the Draft Patents (Amendment) Rules 2025?
With the amendments bringing a few notable changes, each update builds on earlier reforms to improve the patent system.
- Decriminalization of certain offenses—Jail terms are being removed for some violations and replaced with higher monetary penalties.
- Fines increased:
- Falsely claiming patent rights—up to ₹10 lakh + ₹1,000/day for continued violation.
- Giving false information to the Patent Office – minimum ₹25 lakh.
- Practicing as a patent agent without registration—up to ₹5 lakh + ₹1,000/day if continued.
- Fully digital process for enforcement and appeals.
- New forms introduced:
- Form 32—for filing a complaint.
- Form 33—for filing an appeal.
- Adjudicating officers will investigate and decide cases; appellate authority will hear appeals.
- All proceedings—electronic notices, hearings, and orders will be online.
- Orders are digitally signed and uploaded to the official government website.
- Penalty money will go directly into the central government’s main treasury.
- Stakeholder feedback is invited until August 17, 2025 (via email or postal submission)
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What Is the Reason Behind the Draft Patents (Amendment) Rules 2025?
The Draft Patents (Amendment) Rules, 2025, are designed to modernize India’s patent enforcement system. They replace certain criminal provisions with higher monetary penalties and introduce a faster, fully digital dispute resolution process.
Main Goals of the New Rules:
- Streamlining enforcement—simplifying how patent violations are addressed.
- Reducing criminal liability—removing jail terms for certain offenses.
- Shifting to a penalty-based civil mechanism—using monetary fines instead of imprisonment.
- Also, enhancing the ease of doing business.
- Speeding up dispute resolution—enabling quicker decisions through appointed adjudicating officers.
- Increasing transparency and efficiency through electronic patent filing or other filing, hearings, and orders.
- Making the system industry-friendly, ensuring less legal uncertainty for innovators and businesses.
Who Can Give Feedback on the Draft Patents (Amendment) Rules 2025, and What Does It Mean?
When the government says it is “inviting comments from stakeholders,” it’s part of a public consultation process. This means anyone with an interest in the patent system can share their views before the rules are finalized.
Stakeholders include:
- Inventors and patent applicants
- Patent agents and intellectual property rights (IPR) law firms
- Research institutions and universities
- Startups and technology companies
- Industry associations
- NGOs and policy groups working on innovation
If you are involved in innovation or affected by patent laws, you can submit your views by email or post before August 17, 2025.
What Are the Key Differences Between the Old and New Patent Rules?
The Amendment Rules, 2025, build on the Second Amendment Rules, 2024, by keeping the core reforms—such as higher monetary penalties, removal of certain criminal provisions, and a fully digital complaints and appeals process—while fixing technical issues in the earlier version. Key corrections include proper rule numbering, renaming the complaint and appeal forms as Form 32 and Form 33, and improving formatting for better clarity. In short, while the 2024 amendments brought substantive legal changes, the 2025 draft focuses on refining, clarifying, and streamlining those updates.
Conclusion
By replacing certain criminal provisions with higher monetary penalties and introducing a fully digital enforcement process, the government aims to reduce legal hurdles and encourage innovation.