Cabinet Releases Draft Patents (Amendment) Rules, 2024

S.NO PARTICULARS EXISTING SECTIONS/ FORMS PROPOSED NEW RULES 1. The proposed Draft Rule 107E read with section 124A Clause : Any person aggrieved by an order passed by the Adjudicating officer under section 124A may prefer an appeal under Form 33 to the Appellate Authority, who shall be an officer at least one rank above the Adjudicating officer, within a period of sixty days from the date of receipt of the order. Rule 107G - Disposal of appeal by Appellate Authority Clause : On the admission of the appeal, the Appellate Authority shall serve a copy of appeal upon the Adjudicating officer against whose order the appeal is sought along-with a notice requiring such Adjudicating Officer to file his reply thereto within such period, not exceeding twenty-one days, as may be stipulated by the Appellate Authority in the said notice: Provided that the Appellate Authority may, for reasons to be recorded in writing, extend the period referred to in sub-rule above for a further period of twenty-one days, if the Appellant satisfies the Appellate Authority that he had sufficient cause for not being able to file his reply to the appeal within the above-said period of twenty-one days. Clause : The Appellate Authority shall, after making such further inquiry as may be necessary, pass such order, as he thinks just and proper Sub-clause : confirming, modifying or annulling the decision or order appealed against; or Sub-clause : referring the matter back to the Adjudicating officer with directions for fresh adjudication or decision, as the case may be, where an order or decision has been passed without following the principles of natural justice; Provided that an order enhancing any penalty or fine shall not be passed unless the Appellant has been given a reasonable opportunity of showing cause against the proposed order. Clause : A certified copy of every order passed by the Appellate Authority shall be communicated to the Adjudicating officer, Appellant, opposite party forthwith and to the Central Government.