The Ministry of Commerce and Industry (MoCI) on March 16, 2024, issued the Patents (Second Amendment) Rules, 2024 to further amend the Patents Rules, 2003
This shall come into force on March 16, 2024
The following has been amended namely: -
• After Rule 107 which states “Removal of names from the roll of scientific advisers” the following chapters shall be inserted namely, -
“CHAPTER- XIVA ADJUDICATION OF PENALTIES AND APPEALS
107A. Definitions. -In this Chapter, unless the context otherwise requires, -
(a) "adjudicating officer" means an officer authorized under section 124A of the Act;
(b) “Appellant” means a person aggrieved with an order of the adjudicating officer and prefers an appeal before the appellate authority under sub-section (1) of section 124B of the Act;
(c) "appellate authority” means an authority officer authorized under sub-section (1) of section 124 B of the Act;
(d) words and expressions used in these rules and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act.
107 B. Complaint. — (1) Any person may file a complaint in Form 31 through electronic means to the adjudicating officer regarding any contravention committed under sections 120, 122, and 123 of the Act.
• After Form 30 the following form shall be inserted, namely: -
“Form – 31 - Complaint for Contravention or Default of Sections 120, 122 And 123”
[Notification No. G.S.R. 215(E)]
