Draft Code of Conduct Proposed for Patent and Trademark Agents

The Department for Promotion of Industry and Internal Trade (DPIIT) has released draft amendments to the Trademarks Rules, 2017 and the Patents Rules, 2003, proposing a Code of Conduct to address instances of misconduct by patent and trademark agents and attorneys.

The move follows directions issued by the Delhi High Court in Saurav Chaudhary v. Union of India (August 2024), where a patent application was abandoned due to the deliberate negligence of a patent agent. The Court had noted the absence of a regulatory framework to protect client interests in cases of professional misconduct and highlighted the growing trend of misleading promotions by professionals, emphasizing the need for stricter oversight.

Under the proposed amendments, agents and attorneys may be held guilty of misconduct if they act in contravention of the prescribed Code of Conduct. The Code mandates adherence to recognized standards of professional ethics and requires practitioners to discharge their duties diligently and in the best interests of applicants.

Any aggrieved person may file a complaint electronically with the Registrar within six months from the date of knowledge of such misconduct. Upon receipt, the Registrar shall refer the complaint to the Disciplinary Committee. If, based on the Committee’s recommendation, an investigation is warranted, the Registrar will issue a notice to the concerned agent or attorney, requiring a written reply along with supporting documents within one month.

The Disciplinary Committee will adjudicate the matter within three months of receiving the reply. Based on its recommendations, the Registrar may issue appropriate orders, including warnings, censure, or removal of the agent/attorney from the register. The proceedings will remain confidential, and all communications will be conducted electronically.

The Disciplinary Committee will be constituted by the Registrar and will comprise a Presiding Officer (not below the rank of Joint Registrar), two senior officials (not below the rank of Deputy Registrar), and two practicing agents/attorneys with at least twenty years of active professional experience.

Currently, both the Patents and Trademarks Rules empower the authorities to remove an agent’s name from the register in cases of professional misconduct. However, the absence of a structured process and enforceable guidelines has limited the effectiveness of these provisions—a gap the proposed Code now seeks to address.