The Department for Promotion of Industry and Internal Trade (DPIIT) recently published Draft Rules establishing a framework for the professional code of conduct of Patent Agents (Draft Rules, 2025).
This represents a significant development and addresses concerns about the accountability and integrity of Patent Agents, highlighted recently by the Delhi High Court’s judgment in Saurav Chaudhary v. Union of India (2024). The Court had taken a serious view of the absence of such a code of conduct for the patent agents.
The public at large has been invited to submit comments and/or suggestions, if any, by November 30, 2025.
Key Features of the Draft Rules
The proposed Rules will be integrated into the existing Patents Rules, 2003, by adding a definition for “code of conduct” under Rule 2(cb) with an additional schedule providing supporting procedural rules for complaint handling and disciplinary action. The following are some of the key features of the Draft Code:
Key Features of the Draft Rules | Description |
Ethical Standards | Mandate due diligence, good faith, and professional integrity when representing clients. |
Transparency & Engagement | Require clear letters of engagement detailing services and fees, along with ongoing communication with clients. |
Prohibited Conduct | Prohibit fraud, conflicts of interest, misleading claims, and any improper influence on authorities. |
Client Confidentiality | Emphasize strict confidentiality obligations, with exceptions only as required by law. |
Withdrawal & Communication | Set out conditions and notice periods for withdrawal from cases by agents. |
Duties to Patent Office | Mandate respectful and professional interaction with patent authorities. |
Inter-agent Relations | Encourage mutual respect among agents and prohibits unethical solicitation of clients. |
Disciplinary Framework
A standout feature of the Draft Rules for code of conduct is its detailed disciplinary mechanism, designed to impartially address complaints of misconduct:
- Complaint submission: Aggrieved parties can file complaints electronically within six months of awareness of the incident.
- Disciplinary Committee: A Disciplinary Committee comprising judicial officers and senior patent professionals will adjudicate the complaints within the stipulated timelines.
- Adjudication process: The process provides the submission of written responses, possibility of hearings, and strict confidentiality throughout proceedings.
- Penalties: The penalties range from warnings/censure to removal of the patent agent from the Register of Patent Agents, ensuring proportional responses to violations.
Traditionally, the Indian patent framework vested the Controller of Patents with the authority to remove agents’ names due to misconduct; however, procedural guidelines regarding this process were not clearly defined. The Draft Rules propose a defined code of conduct, with clear benchmarks and procedures in case of a complaint of violation.