IP Intelligence › What Changed › There is now a working procedure for patent penalties
What changed · 25 November 2025
There is now a working procedure for patent penalties
What changed
The Patents (Amendment) Rules, 2025, G.S.R. 865(E) dated 25 November 2025, substituted Chapter XIV-A of the Rules and inserted rules 107A to 107F. Complaints for contravention of sections 120, 122 and 123 are filed electronically on Form 32; appeals to the Appellate Authority go on Form 33 within 60 days of the adjudicating officer's order. The adjudicating officer is to pass an order within three months, appeals within six, and orders are published on the official website.
Why it matters
The Jan Vishwas Act, 2023 created sections 124A and 124B - adjudicating officers and appeals - with effect from 1 August 2024, but there was no machinery to run them. There is now. Failure to furnish information under section 146, and furnishing false information, have a live and inexpensive enforcement route.
Who should care
Patentees and licensees with Form 27 obligations, patent agents, and anyone concerned about false patent marking.
What you should do
Treat the working statement obligation as enforceable rather than nominal. If you have gaps, close them before the 30 September 2026 block deadline.
Sources & further reading
- The Patents (Amendment) Rules, 2025 - G.S.R. 865(E), 25 November 2025 — Adjudication of penalties and appeals; Forms 32 and 33
- The Jan Vishwas (Amendment of Provisions) Act, 2023 - IP provisions in force 1 August 2024
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Working statements moved from yearly to once every three financial years - and the first deadline is close
Statement of working
A statement filed on Form 27 telling the Patent Office whether a granted patent has been worked in India, and if not, why not.
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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.