Published 16 September 2026
When the Jan Vishwas (Amendment of Provisions) Act, 2023 took effect for the Patents Act on 1 August 2024, three offences stopped being matters for a magistrate and became penalties: falsely claiming that a product is patented, refusing or failing to supply information the Controller asks for, and practising as a patent agent without being registered. The Act created an adjudicating officer to impose those penalties and an appellate authority above it, but left the procedure to rules that did not exist. The Patents (Amendment) Rules, 2025, notified on 25 November 2025 and in force the same day, supply it. They add a chapter on adjudication of penalties and appeals to the Patents Rules, 2003, two new forms, and a fully electronic process with fixed timelines. The Jan Vishwas Act of 2026 then went a step further, omitting the register-falsification offence in section 119 from 1 June 2026. This is what the route looks like for those most likely to meet it: sellers who print "patented" on packaging, and consultants who draft patents without a licence.
The three penalties
- Section 120, unauthorised claim of patent rights: representing that an article is patented or that a patent has been applied for, when it has not, now carries a penalty of up to ten lakh rupees, with a further one thousand rupees for every day the claim continues. Before August 2024 it was a fine of up to one lakh.
- Section 122, refusal or failure to supply information: failing to furnish information the Controller requires under sections 100(5) or 146, a penalty of up to one lakh rupees plus one thousand rupees a day; furnishing false information, a penalty of one-half per cent of turnover or gross receipts per the audited accounts, or five crore rupees, whichever is less, in place of six months' imprisonment.
- Section 123, practice by non-registered patent agents: a penalty of up to five lakh rupees plus one thousand rupees a day of continuing default, replacing the earlier fines of one lakh for a first offence and five lakh thereafter.
- Section 121, wrongful use of the words "patent office", was omitted outright in 2023, and section 119, falsification of register entries, was omitted by the 2026 Act.
How a complaint runs
- Complaint: anyone may complain electronically on Form 32 to the adjudicating officer, an officer authorised by the Controller under section 124A. A competitor who finds "patented" on a rival's pack, or the Controller's own office noticing an unregistered agent, are the usual complainants.
- Notice: if the officer considers there is a case, a notice goes to the person electronically, giving not less than seven days to show cause why an inquiry should not be held.
- Inquiry: the person may appear in person or through a representative, adjournments are available for cause, and the officer is not bound by the Bharatiya Sakshya Adhiniyam, 2023, so the inquiry is summary rather than a trial. If the person does not respond, the officer may proceed ex parte on a reasoned order.
- Order: within three months of the notice, ordinarily, a dated and digitally signed order uploaded to the official website and supplied free of cost to the person against whom it is made. The penalty goes to the Consolidated Fund of India.
- Appeal: on Form 33 within sixty days of receiving the order to the appellate authority, an officer at least one rank above the adjudicating officer; delay may be condoned for sufficient cause. Section 124B(5) requires disposal within sixty days of filing, while the 2025 Rules describe six months as the ordinary period; the statute governs where they differ.
- Non-compliance: under section 124B(6), a person who fails to comply with the adjudicating officer's or the appellate authority's order within ninety days is punishable with a fine of one lakh rupees or imprisonment of up to a year, or both. The criminal court returns only at that point.
What changes on the ground
Under the old law, a false "patented" claim was in practice unenforced: a complaint meant a criminal court, a fine capped at one lakh, and years. The new route is a form, a seven-day notice and an order inside three months, with a penalty ten times higher and a daily accrual that makes a slow response expensive. The same is true of unregistered practice. A consultant who drafts and files patents for startups or colleges without being on the register of patent agents under section 126 is now exposed to a five-lakh penalty on a Form 32 complaint, and the applicant whose filing they handled has a defective prosecution to repair. For product businesses, the practical rule is to mark "patent pending" only while an application is actually pending, to add the application number, and to remove the marking if the application is refused, withdrawn or abandoned.
Frequently Asked Questions
What do the Patents (Amendment) Rules, 2025 do?
Notified on 25 November 2025, they add a chapter on adjudication of penalties and appeals to the Patents Rules, 2003, with Form 32 for complaints, Form 33 for appeals, electronic notices and hearings, and an ordinary three-month timeline for orders.
What is the penalty for falsely marking a product as patented?
Under section 120 as amended by the Jan Vishwas Act, 2023, up to ten lakh rupees plus one thousand rupees for every day the claim continues, imposed by an adjudicating officer.
Can someone who is not a registered patent agent draft and file patents?
No. Section 123 makes practising as a patent agent without registration under section 126 a default carrying a penalty of up to five lakh rupees plus one thousand rupees a day; an applicant may act for themselves, but a paid representative must be registered.
Is there any imprisonment left under the Patents Act?
Yes, for contravening the secrecy directions in section 118, though the 2026 Act adds a proviso where the invention was not relevant to defence or atomic energy, and for failing to comply with an adjudication or appellate order within ninety days under section 124B(6).
How long does an appeal against a penalty take?
It must be filed on Form 33 within sixty days of receiving the order, before an officer at least one rank above the adjudicating officer. Section 124B(5) of the Act requires disposal within sixty days of filing; the 2025 Rules refer to six months as the ordinary period.
Sources
Patents (Amendment) Rules, 2025, Ministry of Commerce and Industry, notified 25 November 2025; Jan Vishwas (Amendment of Provisions) Act, 2023 (No. 18 of 2023), Schedule entry for the Patents Act, 1970, commenced 1 August 2024, inserting sections 124A and 124B and amending sections 120, 122 and 123; Jan Vishwas (Amendment of Provisions) Act, 2026 (No. 8 of 2026), Patents Act entries commenced 1 June 2026; Patents Act, 1970, sections 118 to 126; commentaries by SCC Online and K&S Partners on the 2025 Rules. Verify the current rules text before filing a complaint or appeal.
BookMyTM works with registered patent agents for searches, drafting and filing, and advises product businesses in Kerala on lawful patent marking.