July 29, 2025 by Surbhi Rai
In March 2024, India enacted major updates to its Patent Rules. Now, in 2025, a fresh set of draft amendments and CRI (Computer‑Related Invention) guidelines are being circulated for public comment. These changes collectively signal India's intent to modernize patent procedure, align with global norms, and ease innovation compliance.
As a IP professional innovator or researcher, understanding these developments is essential for drafting, filing, enforcing, and defending patents in India.
Effective Date: March 15, 2024
Filing deadline reduced from 48 to 31 months from filing or priority date
Aligns Indian timelines with the EPO and global best practices.
Updated foreign applications now filed within 3 months of FER, instead of periodic updates
Controller may rely on available databases; formal requirement triggered only upon request.
Clarified that multiple divisional applications can be filed based on disclosures in original or previous filings, matching judicial precedent (Syngenta v. Controller, 2023)
Introduction of official fee (₹4,000 for startups/individuals, ₹20,000 others).
Controller must assess prima facie case before admitting opposition.
If no case, opposition is refused within 1 month unless hearing requested; reply timeline reduced to 2 months from 3.
Time limit for Board report reduced to 2 months (from 3 months), and fees increased significantly.
Frequency reduced to once every 3 years, with a 6-month deadline after each period.
Patentees no longer required to provide revenue data, only indicate “worked/not worked” and whether they’re open to licensing.
New Form 31 formalizes the 12-month grace period process, requiring evidence of prior public disclosure.
Inventors can now request a Certificate of Inventorship, fee ₹900, enhancing recognition and documentation of IP contributions.
Controller may now extend timelines or condone delay for up to 6 months, with unlimited requests within that period.
Extension fees are significant: ₹50,000/month for large entities, ₹10,000 for others.
A 10% rebate applies when renewal fees are paid electronically for at least 4 years in advance.
Fee for a patent of addition is now half the standard application fee
Released for public consultation in July-2025:
Replaces criminal penalties under Sections 120, 122, 123 with civil monetary penalties administered by a designated Adjudicating Officer, with appeals to an Appellate Authority.
Penalties: up to ₹10 lakh for wrongly claiming patent rights; ₹1,000/day for continuous violations.
Introduction of Form 32 (for complaints) and Form 33 (for appeals), mandating digital filing, hearings, and order issuance electronically.
New Computer‑Related Invention (CRI) Guidelines v2.0, released April–July 2025 for consultation:
Incorporates recent case law (e.g., Ferid Allani, BlackBerry decisions, Microsoft v. Controller) into technical contribution/inventive step analysis.
Adds illustrative examples and flowcharts to clarify patentability standards under Section 3(k).
Stakeholders raised concerns on conceptual ambiguity and short 21-day feedback window.
RFE within 31 months means waiting no longer carries risk—file timely to avoid abandonment.
Claiming multiple divisionals enables greater claim flexibility without losing priority.
Section 8 compliance is simpler, but careful referencing still important.
Working statement reform reduces administrative load.
Advance renewal payment unlocks 10% savings.
Rule 138 provides safety net—but cost for extensions is high.
Higher fees and parlays discourage frivolous opposition filings.
New adjudication mechanism shifts enforcement from courts to administrative channels.
Inventor certificates (Form 8A) enhance clarity of rights ownership.
CRI Guidelines v2.0 aim for consistency in how Section 3(k) is applied.
Applicants should draft and map technical contributions explicitly to meet evolving expectations.
| Area | Old Rules | New 2024 Rules / 2025 Draft |
|---|---|---|
| Request for Examination | 48 months | 31 months max |
| Section 8 / Form 3 | Updates every 6 months | Update post-FER within 3 months |
| Divisional Applications | Limited | Multiple allowed from provisional disclosure |
| Working Statement (Form 27) | Annual | Once every three years |
| Pre-Grant Opposition | No fee, no screening | Fee introduced; Controller must evaluate prima facie |
| Grace Period (Section 31) | Informal | Formal Form 31 introduced |
| Inventor Certificate | Not available | Form 8A with fee introduced |
| Extensions / Condonation | Up to 1 month | Up to 6 months; multiple requests allowed |
| Adjudication of Penalties | Criminal penalties | Civil penalties with Adjudicating Officer (draft rules) |
| CRI Examination Guidelines | 2017 version | Draft Guidelines 2025 v2.0 |
The 2024 amendment to Patent Rules significantly enhances alignment with global norms, reduces procedural burden, and introduces applicant-friendly reforms. The Draft 2025 rules further modernize enforcement and adjudication.
For patent-filing strategies, prosecution decisions, and enforcement planning—or for evaluating software-related inventions under Section 3(k)—the legal landscape has shifted importantly.
Proactive compliance and strategic use of these reforms can mitigate risk, optimize costs, and maximize patent value. Reach out if you need help reworking your patent processes in light of these developments.
Q1: Are the 2025 draft rules final?
👉 Not yet. They are in public consultation. Final rulemaking may incorporate changes.
Q2: How do these changes affect pending applications?
👉 New timelines only apply to applications filed after March 15, 2024. Older applications remain under old rules for RFE deadlines.
Q3: Can you still file divisional to cover unclaimed embodiments later?
👉 Yes—divisional practice now formally allows multiple divisionals based on original disclosures.
Q4: Does Form 27 still require revenue figures?
👉 No. Only “worked/not worked” and licensing interest need to be declared.
Q5: How do I contest or appeal against a penalty?
👉 Under draft rules 2025, you can appeal to the designated Appellate Authority within 30 days of adjudicator’s order using Form 33.