In a significant development aimed at enhancing the professionalism and accountability of patent and trademark agents, the Delhi High Court has directed the Controller General of Patents, Designs, and Trade Marks (CGPDTM) to draft and publish a Code of Conduct for Patent and Trademark Agents within two months. This move is intended to allow for stakeholder comments before the final version is announced by December 31, 2024.
"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," noted Justice Prathiba M Singh. Following this consultation period, the Code of Conduct will be finalized and implemented by the end of the year.
The court's directive came in response to an appeal by Saurav Chaudhary, who contested the rejection of his patent application for a "Blind-Stitch Sewing Machine and Method of Blind Stitching." Chaudhary argued that his application had been unfairly abandoned and requested its reinstatement.
In a ruling favourable to Chaudhary, the Court overturned the decision to abandon his patent application and ordered the CGPDTM to update their website with the new information within a fortnight. The Patent Office was directed to proceed with the application by the law, permitting Chaudhary to file a response to the First Examination Report (FER) within four weeks of the website update.
The Court found that Chaudhary's Patent Agent had exhibited deliberate carelessness and professional misconduct by failing to inform him about the FER reply. "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," the Court remarked. So, the CGPDTM has been told to inquire into the Patent Agent's conduct and take appropriate action within four months.
Additionally, the Court mandated establishing an ad hoc committee within two months to handle complaints against patent and trademark agents until the new Code of Conduct is in place.
This landmark decision underscores the importance of accountability and transparency in the practices of patent and trademark agents, ensuring that the interests of inventors and applicants are safeguarded.
