Amendment to the Patent Act 1970 through Jan Vishwas Act, 2023

The Jan Vishwas Act, 2023 is an Act to amend certain enactments for decriminalising and rationalising offences to further enhance trust-based governance for ease of living and doing business. This act amended 42 Enactments including schedules. There are several amendments in the IP laws that are going to help IP owners. Amendments to the IP laws under Jan Vishwas Act, 2023 has in effect from 1st August 2024. Amendment to the Patent laws under Jan Vishwas Act, 2023 are summarized below. ??

1)??????? Patent Act, 1970

a)??????? Section 120 “Unauthorized claim of patent right” is amended to enhance the penalty for unauthorized claim of patent rights to up to INR 10 Lakh and in case of the continuing claim, a further penalty of 1000 for every day after the first during which such claim continues. ?Earlier the penalty was up to 1 Lakh.

b)??????? Section 121 “Wrongful use of Word “patent office” is omitted. ?So, now there is no punishment for wrongful use of term “Patent office” leading to a belief that the person’s place of business is or is officially connected with the patent office.? Earlier, there was provision for imprisonment of up to 6 months, a fine or both. ??

c)??????? Section 122 ?“Refusal or failure of supply information” :

Section 122 (1) is amended to reduce penalty for failing or refusing to furnish information to INR 1 lakh and in case of the continuing refusal or failure, a further penalty of INR 1,000 for every day after the first during which such refusal or failure continues. Earlier this penalty was up to 10 lakhs.

Section 122 (2) is amended to introduce new provisions of turnover based penalty for furnishing false information. ?Penalty will be calculated as .5 %? of total sale or turnover, or gross receipts in the profession, or a sum equal to INR 5 crore, whichever is less. Earlier there was provision for imprisonment up to six month or fine or both.

d)??????? Section 123 “Practice by non-registered patent agents” is amended to increase the penalty ?to up to 5 lakhs for practicing as patent agent by non-registered patent agents. ?For continuing defaults, a further penalty of INR 1,000 will apply every day after the first day during which such default continues. Earlier there was provision for penalty of 1 lakh for first offence and 5 lakh for second and subsequent offence.

e)??????? Section 124A “Adjudication of penalties” and 124B “Appeal” are added. Section 124A impowers the controller to appoint an adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving the person concerned a reasonable opportunity of being heard. Section 124B introduces a provision for appeal against the order of the adjudicating officer to the appellate authority, who shall be an officer at least one rank above the adjudicating officer. ?

Separate update with respect to amendments to other IP laws will be posted soon.