The Government of India has introduced important updates to the country’s intellectual property (IP) framework through the Jan Vishwas (Amendment of Provisions) Act, 2026. These statutory amendments reduce unnecessary criminal liabilities, optimize compliance for corporate entities, and build a more trust-based regulatory environment.
This means reduced criminal penalties and more business-friendly laws.
The updates directly amend both the Patents Act, 1970 and the Copyright Act, 1957.
Even as intentional fraud and major offenses will still be dealt with by general criminal laws, routine administrative and procedural mistakes will no longer automatically trigger criminal prosecution.
Key Changes in the Patents Act, 1970
Relief for Genuine Mistakes in Foreign Patent Filing
One of the most significant changes relates to the penal consequences of Section 39 under Section 118 of the Patents Act.
Under Indian law, an inventor residing in India must obtain a Foreign Filing License (FFL) from the Indian Patent Office before filing a patent application in another country, unless they have first filed the application in India and waited for six weeks.
This statutory rule ensures that inventions relevant to national security, defense, or atomic energy are reviewed before being disclosed abroad.
However, in today’s globalized R&D ecosystem, innovations are frequently co-developed by international, cross-border teams. In many instances, foreign patent applications are filed before the corporate entity realizes that one of the co-inventors qualifies legally as an Indian resident. Previously, such inadvertent procedural errors attracted strict criminal liability.
What’s changed?
The new framework provides a vital safety valve under Section 118. If the Central Government is satisfied that the filed invention carries no implications for national defense or atomic energy, the innovator is granted relief from criminal prosecution. This protects genuine businesses and research organizations from criminal penalties over administrative oversights.
Chapter Title Updated
The title of Chapter XX of the Patents Act has been amended from “Penalties” to “Punishments.” This is a technical modification that aligns the text with previous compliance reforms, and ensures the chapter explicitly covers true criminal prosecutions while minor non-compliances are handled via civil channels.
Criminal Provision for False Patent Records Removed
Section 119 of the Patents Act, which previously imposed specific criminal punishments for making or using false entries in the Patent Register has now been omitted.
However, intentional acts involving forgery, fake documentation, or administrative fraud will be prosecuted directly under the general criminal code – the Bharatiya Nyaya Sanhita (BNS), 2023) – doing away with a parallel, patent-specific criminal provision unnecessary.
Key Changes in the Copyright Act, 1957
In structural alignment with the patent updates, the Jan Vishwas Act has omitted Section 67 of the Copyright Act. Previously, this section established criminal liabilities, including imprisonment and fines, for:
- Making false entries in the Copyright Register.
- Preparing fraudulent copies of Register entries.
- Introducing falsified records as legal evidence.
Under the updated 2026 framework, these criminal provisions are removed from the copyright statute. However, any malicious deception, forgery, or cheating will continue to be prosecuted under the Bharatiya Nyaya Sanhita (BNS), 2023.
Deliberate fraud remains punishable, but enforcement has been consolidated under India’s general criminal code to streamline administration.
Summary of Key Reforms:
- Procedural Relief: Institutional relief for inadvertent administrative errors in cross-border patent filings.
- Decriminalization: Removal of redundant, overlapping criminal provisions from specific patent and copyright statutes.
- Consolidated Enforcement: Direct prosecution of intentional fraud and forgery under the Bharatiya Nyaya Sanhita (BNS), 2023.
- Civil Focus: Clear transition toward civil and administrative enforcement mechanisms for minor, non-threatening corporate non-compliance.
Frequently Asked Questions (FAQs)
Does the Jan Vishwas Act 2026 completely remove punishments for patent and copyright fraud?
What is the relief provided for cross-border patent filings under the 2026 updates?
How does the Jan Vishwas Act 2026 improve the Ease of Doing Business (EoDB) in India?
In This Article
Author Bio
Setindiabiz Editorial Team is a multidisciplinary collective of Chartered Accountants, Company Secretaries, and Advocates offering authoritative insights on India’s regulatory and business landscape. With decades of experience in compliance, taxation, and advisory, they empower entrepreneurs and enterprises to make informed decisions.
