The Delhi High Court has directed the CGPDTM to prepare and publish a draft Code of Conduct for Patent and Trademark Agents on its website within two months for stakeholder consultation, to be finalized and notified by December 31, 2024.

In that context, the Bench of Justice Prathiba M Singh observed that, "A draft Code of Conduct to regulate Patent and Trademark Agents be prepared and put up by the CGPDTM on its website within two months for stakeholder consultation. The Code of Conduct be then, thereafter, be notified within a period of 6 months from now i.e., latest by 31st December, 2024."

The Court addressed a plea by Saurav Chaudhary, who contested the abandonment of his patent application titled "Blind-Stitch Sewing Machine and Method of Blind Stitching." He sought the restoration of his patent application.

Subsequently, the Court set aside the abandonment order of Saurav Chaudhary’s patent application titled “Blind-Stitch Sewing Machine and Method of Blind Stitching” and directed the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) to reflect this change on their website within two weeks. The Court allowed Chaudhary to submit a physical or online reply to the First Examination Report (FER) within four weeks after the change was made on the website, and ordered the Patent Office to proceed with the patent application in accordance with the law.

It was found that the Patent Agent’s failure to inform Chaudhary about the FER reply constituted professional misconduct and intentional negligence. In light of the same, the Court directed the CGPDTM to hold an enquiry against the Patent Agent and take appropriate action within four months, noting, "This is a clear act of misconduct as the Petitioner with utmost trust had relied upon the Patent Agent to fulfil his duties and obligations towards the Petitioner."

Further, the court instructed that an ad-hoc committee be set up within two months to handle complaints against Patent and Trademark Agents until the new framework is in place.

Cause Title: Saurav Chaudhary vs Union of India & Anr. (Neutral Citation: 2024: DHC: 4946)

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Delhi High CourtJustice Pratibha M. SinghIntellectual Property

Ananya Soni