Rules 107A explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter XIVA of the Patents Rules, 2003 was inserted by the Patents (Second Amendment) Rules, 2024 (G.S.R. 215(E), 16 March 2024). Rules 107A to 107C define the terms, allow any person to complain about certain contraventions, and lay down how the adjudicating officer holds an inquiry before imposing a penalty.
Any person may file a complaint in Form 31 through electronic means to the adjudicating officer about a contravention of sections 120, 122 and 123 of the Patents Act, 1970 (rule 107B). The adjudicating officer first issues a show-cause notice giving not less than seven days, then, if he decides an inquiry is needed, fixes a date for appearance, takes documents and evidence, and may impose a penalty by a reasoned, dated and signed written order. The proceeding is to be completed within three months from the issue of the notice (rule 107C(12)).
The Act behind the chapter
Section 124A of the Patents Act, 1970 provides for adjudication of penalties and section 124B for appeal; see our guide on Sections 124A-124B of the Patents Act, 1970. The contraventions that rule 107B names are those under section 120 (see Section 120: unauthorised claim of patent rights) and sections 122 and 123 (see Sections 122-123: refusal to supply information and practice by non-registered agents).
The appeal side of the chapter is dealt with in our article on Rules 107D-107L. If you are facing or considering such a proceeding, our legal dispute resolution team can go through the file with you.
Rule 107A: definitions
In Chapter XIVA, unless the context otherwise requires:
- adjudicating officer means an officer authorized under section 124A of the Act;
- Appellant means a person aggrieved with an order of the adjudicating officer who prefers an appeal before the appellate authority under sub-section (1) of section 124B of the Act;
- appellate authority means an authority officer authorized under sub-section (1) of section 124B; and
- words and expressions used in these rules and not defined, but defined in the Act, have the meaning given to them in the Act.
The text of clause (c) reads "an authority officer authorized", which looks like a drafting slip; we have reproduced the sense without correcting the rule.
Rule 107B: the complaint in Form 31
Rule 107B has one sub-rule. 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. Note two things. First, the complainant need not be the person harmed: the rule says "any person". Second, the complaint is electronic; the rule does not allow physical filing.
What Form 31 (Complaint) asks for
The form is headed "Complaint for contravention or default of sections 120, 122 and 123" and is addressed to "The Adjudicating Officer, The Patent Office, at ......". It asks for:
- particulars of the complainant (mandatory): name, address for service, contact number, email for service;
- the complaint: date, time and instance of the alleged contravention or default; a statement of the contravention or default setting out all relevant material particulars; evidence in support of the statement; and the tentative amount of damage in monetary terms with cost break-up;
- a declaration by the complainant that the facts stated are correct according to his or her knowledge, information and belief;
- signature, and the name of the natural person who has signed.
Two flags. The form's heading cites "rule 107(1)", whereas the complaint is provided for by rule 107B(1). And the items under the complaint are lettered a, b, c and then e, with no d. We note both as printed.
A second Form 31
The Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024) created a "Form 31" for the grace period under section 31 and rule 29A. The Second Amendment Rules of the next day also number this complaint form "Form 31", reciting that the principal rules were last amended in 2021. The two forms therefore carry the same number. The Rules do not say which prevails; check how the Patent Office currently publishes each form before filing. Our article on Rule 29A: grace period application in Form 31 covers the other form. The Second Schedule entry also ties this form to "rule 107C", although the complaint rule is 107B.
Rule 107C: holding of the inquiry
Rule 107C has twelve sub-rules. In order:
| Sub-rule | What happens |
|---|---|
| (1) | For adjudication under section 124A, the adjudicating officer issues a notice through electronic means requiring the person to show cause why an inquiry should not be held. The period is set in the notice and must be not less than seven days from the date of service |
| (2) | The notice must indicate the nature of the contravention alleged |
| (3) | After considering the cause shown, if he thinks an inquiry should be held, he issues a notice requiring appearance personally or through a legal practitioner duly authorised on a fixed date |
| (4) | On that date he explains the contravention and the provisions of the Act involved |
| (5) | He gives the person an opportunity to produce documents or evidence; the hearing may be adjourned; he is not bound to observe the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) in taking evidence |
| (6) | He may require and enforce the attendance of any person acquainted with the facts to give evidence or produce documents useful or relevant to the inquiry |
| (7) | If the person fails, neglects or refuses to appear as required by sub-rule (3), he may proceed in his absence after recording reasons |
| (8) | If satisfied on the evidence that the contravention is committed, he may by order in writing impose such penalty under the Act as he thinks fit |
| (9) | The order must specify the provisions of the Act contravened and contain the reasons for the penalty |
| (10) | The order must be dated and signed by the adjudicating officer |
| (11) | A copy of the order and all other copies of proceedings must be supplied without charge to the person against whom the order is made |
| (12) | The proceeding must be completed within three months from the issuance of the notice to the opposite party |
Reading the steps together
The inquiry has two gates. The first is the show-cause notice in sub-rule (1): at this stage the person only explains why an inquiry should not be held. The second is the decision in sub-rule (3) to hold an inquiry, which brings a fresh notice and a date for personal or authorised appearance. Only then do the evidence and penalty stages follow.
The rule does not say what the "cause" must contain, what penalty applies (the penalty is "such penalty under the Act"), or whether the three months in sub-rule (12) can be extended. For extension, rule 107I lets the adjudicating officer, for reasons recorded in writing and where there is reasonable cause for delay or failure to act, extend any period specified in the Chapter. Whether that reaches the three-month period of sub-rule (12) is not spelled out beyond the words "any period specified in this chapter".
Practical example
Sunrise Instruments Pvt Ltd learns that a competitor, Kavya Tools, has been stamping its goods "patent granted" when no patent exists. A supplier, Mr Arjun Rao, who is neither a customer nor a rival, files a Form 31 complaint electronically, alleging a contravention of section 120. The adjudicating officer sends Kavya Tools an electronic show-cause notice with ten days to reply. Kavya Tools answers; the officer decides an inquiry is needed and fixes a date. After hearing the parties and taking documents, he passes a dated, signed, reasoned order, and Kavya Tools receives a copy without charge. All of this is meant to finish within three months of the first notice.
Need help with a complaint or a show-cause notice?
A show-cause notice carries a short fuse of seven days at the least, so early advice helps. Our legal dispute resolution support covers drafting a reply, preparing documents and appearing through an authorised representative.
Key takeaways
- Chapter XIVA was added by the Patents (Second Amendment) Rules, 2024.
- Any person can complain in Form 31, by electronic means, about contraventions of sections 120, 122 and 123 (rule 107B).
- The show-cause notice must allow not less than seven days (rule 107C(1)).
- The adjudicating officer need not follow the Bharatiya Sakshya Adhiniyam, 2023 in taking evidence.
- Orders must be in writing, dated, signed and reasoned; a copy goes to the person without charge.
- The proceeding is to be completed within three months from the notice.
- Two different forms are numbered Form 31 in the 2024 amendments.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 107D–107L: appeal, service, extension of time and orders
- Rules 103–107: roll of scientific advisers
- Rule 29A: grace period application in Form 31
- Sections 124A–124B of the Patents Act, 1970
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.