Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-07112025-267434
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
NEW DELHI, MONDAY, NOVEMBER 3, 2025
MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
NOTIFICATION
New Delhi, the 31st October, 2025
G.S.R. 814 (E)— The following draft rules to further amend the Patents Rules, 2003 which the
Central Government proposes to make in exercise of the powers conferred by sub-section (3) of section 159
of the Patents Act, 1970, are hereby published for the information of all persons likely to be affected
thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry
of a period of thirty days from the date on which copies of the Gazette of India, in which this notification is
published, are made available to the public;
Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion of Industry
and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New
Delhi- 110011 or by e-mail at ipr-patents@gov.in
The objections and suggestions, which may be received from any person with respect to the said draft rules
before the expiry of the period so specified, will be considered by the Central Government.
DRAFT RULES
1. In the Patent Rules 2003 (hereinafter referred to as the Principal Rule), after Rule 2(ca), following shall
be inserted namely: -
"- 2(cb). "Code of Conduct" means the Code of Conduct which may be published from
time to time by the Controller in the Sixth Sechdule of Patent Rule 2003.
-2(cc). "Disciplinary Committee” means a committee constituted as per Rule 119D."
2. In Principal Rule, after Rule 2(d), following shall be inserted namely: -
""2(da). "Officer" for the purposes of Rule 119C means an Officer who is authorized by the
Controller under Section 73(3) of the Patents Act, 1970.""
3. In Principal Rule, after Rule 119, following shall be inserted namely: -
""119A.- Misconduct by a Patent Agent: (1) Every patent agent appearing and acting
before the Controller and/or any other officer appointed as per the provision of Section 73 of the Patents
Act 1970 (39 of 1970), shall abide by and follow the code of conduct.
(2) The Controller may publish updates pertaining to Code of Conduct in the Official Journal.
(3) The patent agent shall be liable to be guilty of misconduct, if he/she acts in contravention to the
prescribed Code of Conduct as mentioned in the Sixth Schedule.""
4. In Principal Rule, after Rule 119B, following shall be inserted namely: -
""119B. Complaint of Misconduct to Controller: (1) Any aggrieved person may, file a
complaint in Form-34 through electronic means to the Controller within six months from the date of
knowledge of such misconduct mentioned under The Sixth Schedule of the said rule.""
5. In Principal Rule, after Rule 119B, following shall be inserted namely: -
""119C. Procedure to deal with complaint received under Rule 119B: (1) Upon receipt
of complaint under rule 119B, Controller shall, refer the complaint to Disciplinary Committee to consider
the matter. After considering the recommendation of the Disciplinary Committee, if the Controller is of the
opinion that an inquiry should be held, he shall issue a notice accompanied by the complaint requiring such
agent to file reply along with supporting evidence and documents within one month from receipt of the
notice.
Provided that, if Disciplinary Committee found no merit in the complaint, shall submit a report to that
effect to the Controller and recommend the dismissal of the complaint.
(2). Upon receipt of the reply from such agent, Controller shall, refer the reply to
Disciplinary Committee for adjudication of the matter. If no reply is received as directed under 119C(1),
Controller shall direct Disciplinary Committee to adjudicate the matter ex-parte, considering evidence on
the record. After considering the recommendation of the Disciplinary Committee, Controller shall pass
appropriate order in writing.
(3). The Controller may, on his own motion, direct the Disciplinary Committee to initiate
proceedings against any Patent agent, if, on the basis of sufficient evidence, he is of the opinion that an
inquiry is warranted.
(4). The Disciplinary Committee may conduct its proceedings, either physical, virtual or
hybrid mode as the Presiding Officer may deem appropriate.
(5). The Disciplinary Committee may allow further representation from the parties as the
Presiding Officer may deem appropriate.
(6). If such Patent Agent with reliable and verifiable evidence submits that he has acted in
good faith, or has exercised reasonable due diligence in his actions, he may not be deemed to be guilty of
professional misconduct.
(7). In case where, the patent agent or the complainant fails, neglects or refuses to appear
before the Disciplinary Committee on the date fixed for hearing, the Committee shall proceed with its
inquiry in the absence of such person after recording the reasons for doing so.
(8). The Disciplinary Committee may recommend, at any stage to terminate or drop
disciplinary proceedings for just and sufficient cause recorded in writing to the Controller, to take
appropriate decision.
(9). The Disciplinary Committee shall complete the proceeding within three months from
the date of commencement of inquiry by Disciplinary Committee for adjudication of matter."
6. In Principal Rule, after Rule 119C, following shall be inserted namely: -
""119D. Constitution of Disciplinary Committee: (1) The Controller shall constitute a
Disciplinary Committee for the purpose of Rule 119C consisting of the following:
a. Presiding officer, who is not below the rank of a Joint Controller.
b. Two Senior officials, who are not below the rank of Deputy Controller.
c. Two Practicing Agents before Patent Office, who at least have twenty years of active work
experience before Patent Office.
Provided that no members of disciplinary committee shall have any conflict of interest with subject matter
and any party to the proceeding.
Provided further that Controller may constitute one or more Disciplinary Committee deemed necessary.""
7. In Principal Rule, after Rule 119D, following shall be inserted namely: -
""119E. Officer and other staff of Disciplinary Committee constituted under 119D: (1)
The Controller shall assign such officers and other staff members as may be necessary for assisting
the Disciplinary Committee for the purpose of administration of the Code of Conduct.""
8. In Principal Rule, after Rule 119E, following shall be inserted namely: -
""119F. Order and Penalties. (1). The Controller, upon consideration of the
recommendation from the Disciplinary Committee, may pass necessary orders or directions
including warning/censure or removal of such patent agent from Register of Patent Agents under
sub-clause (ii) of sub-section (1) of Section 130 of the Act.
(2). Every order under these rules, shall be dated, digitally signed, communicated to all the parties,
and also uploaded on the official website of Intellectual Property India.""
9. In Principal Rule, after Rule 119F, following shall be inserted namely:
""119G. Confidentiality of Proceedings. – The proceedings before the officer authorized
by the Controller and the Disciplinary Committee shall be kept strictly confidential, and records
shall not be open to public.""
10. In Principal Rule, after Rule 119G, following shall be inserted namely: -
""119H. Communication under Rule 119B, 119C, 119F, 119I.- All Communications
under Rule 119B, 119C, 119F and 119I shall be transmitted through electronic means only. In
proving such transmission, it shall be sufficient to show that the communication was properly
addressed and transmitted through electronic means."
11. In Principal Rule, after Rule 119H, following shall be inserted namely: -
"119I. Extension of Time in Disciplinary Proceeding: The Controller or the Disciplinary
Committee may, for reasons to be recorded in writing, where there is a reasonable cause for the
delay or failure to act, extend any period up to one month, upon petition made under Rule 138 and
payment of prescribed fee."
12. In Principal Rule, in SECOND SCHEDULE, under heading FORMS after “Form No.33", and the
entries related thereto, following shall be inserted namely: -
| -34 | Section130(1) (ii), Rule 119B | COMPLAINT FOR MISCONDUCT BY PATENT AGENT UNDER RULE 119B |
13. In Principal Rule, in SECOND SCHEDULE, after Form 33, following forms shall be inserted, namely:
"FORM 34
THE PATENTS ACT,1970 (39 OF 1970)
and
THE PATENTS RULES, 2003
COMPLAINT FOR MISCONDUCT BY PATENT AGENT UNDER RULE 119B
[See Section 130(1)(ii); Rule 119B]
1. Particulars of Complainant (mandatory): -
a. Name:
b. Address for service:
c. Contact No.:
d. Email (for service):
2.Of Complaint: -
a. Date, time, and instance of commission and knowledge of the alleged
Misconduct by Patent Agent:
b. Complaint of misconduct by Patent Agent setting out all relevant material
particulars:
c. Evidence in support of the Complaint:
I/We ......................., the Complainant herein declare that the facts stated herein are correct to the best of
my/our knowledge, information and belief.
3.Signature of the Complainant: Signature...................
(...................)
4. Name of the natural person who has signed:
To,
The Controller,
The Patent Office,
at .......................
Note. -Strike out whichever is not applicable."
14. In the Patent Rules 2003 (hereinafter referred to as the Principal Rule), after The Fifth Schedule
following The Sixth Schedule, shall be inserted: -
"-THE SIXTH SCHEDULE
[See Rules 119A(3)]
The Code of Conduct Patent Agents, 2025
Patent Agents are directed to follow the said Code of Conduct stipulated as under:
1. Code of Conduct for Patent Agents:
Every Patent agent shall follow recognized standards of professional conduct and discharge their duties in
the interest of the Patent applicant. In the discharge of such duties:
(a) issue a letter of engagement for each client, mentioning scope of service to ensure that the clients
understand scope of work of Patent agent;
(b) shall act with reasonable care and due diligence and conduct its dealing with clients with utmost
good faith and integrity at all times;
(c) must maintain knowledge and skills relevant to the provided Patent agent services.
(d) shall at all times ensure compliance with all applicable laws, regulations, orders and any other legal
requirements.
(e) an agent shall not be engaged in any unethical practice, nor make, permit or cause to be made any
misrepresentations or any false, misleading, ambiguous, inaccurate or fraudulent claim, warranty or
statement.
(h) should appear in proceedings at all times only in presentable manner.
A. Patent agent shall: -
a) be fully responsible for all services rendered and shall maintain direct supervision over staffs, legal
assistants, including clerks and paralegals to whom he may delegate certain tasks.
b) apply necessary expertise and discharge his duties with due diligence, skill and care and act as
reliable advisor to his client.
c) make reasonable efforts to record deadlines arising from client's matters, maintain written record of
communications with client, track the progress of matters entrusted to him by his client and timely
report progress of client's matters to him;
d) provide copies of all reports/notices or letters/communications issued by the Patent office to his/her
clients and assist the client in understanding and responding timely to the same;
e) maintain client confidentiality, and shall not disclose any confidential information of a client to any
third party without the client's written consent and take appropriate steps to maintain the security of
confidential document, except where required by a court of law or after the information becomes
available in public domain;
f) act only on the instructions of his/her client and shall not act without such instructions or go
beyond such instructions; actions taken in good faith and in the interests of a client for preservation of
his intellectual property rights shall be exempted;
g) disclose any conflicts of interest at or before the commencement of any professional
service/activity or at the earliest possible opportunity and have adequate arrangements for the
management of conflicts of interest that may arise in future. Any personal interest that may impact the
client's case must be fully disclosed in detail to the client.
h) use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or
from doing anything which the Patent Agent himself ought not to do.
B. No Agent shall: -
a) behave in a discourteous manner with the proprietor and the Controller and other Patent officers.
b) not engage in any conduct, whether by act or omission, that knowingly obstructs or prejudices the
proper implementation of Patent laws or prevailing administrative orders.
c) knowingly conceal facts before the Patent Office such as to derive undue advantage to himself or
his client;
d) misrepresent or manipulate the identity of applicants in any Patent application, nor falsely
identify himself/herself as the applicant.
e) falsely or in bad faith cause himself or member of his office, or his relatives or relatives of
members of his office as applicant or inventor or opponent in any patent application or opposition
for consideration or otherwise cause such acts;
f) fail or neglect to adhere to statutory timelines despite holding clear instructions from client,
g) provide forged or fabricated documents to a client or the Patent Office at any stage of prosecution
of patent application;
h) misappropriate or embezzle the sums received from a client in fiduciary capacity for performance
of activities under the Patents Act 1970 (39 of 1970) or the Rules made thereunder;
i) permit any non-Agent to appear or conduct any proceeding at a stage thereof before the Patent
Office;
j) directly or indirectly influence the decision or outcome of a pending proceeding or right
filed/pending or granted by the Office either by colluding with any official of the Patent Office or
through any other means. Private unofficial communications with any official of the Patent Office,
concerning such matters are strictly prohibited.
k) make false promises or assurances regarding the grant or refusal of Patent, nor claim, directly or
indirectly, to possess undue influence over officials of the Patent Office;
l) engage in issuing false, deceptive, or misleading advertisements, or improper solicitation of
clients or make exaggerated or untruthful claims of the expertise they possess, including
exaggerated claims about success rates or guarantees of patent grants. Their communications must
be truthful, accurate, and in keeping with the dignity of the profession. The Rule framed by the Bar
Council of India, including Rule 36 (as amended from time to time) thereof that applies to
advertisements and solicitation shall also apply mutatis mutandis to an Agent.
m) mislead clients about the patentability of their inventions, the procedural steps involved, or the
potential outcomes to secure their engagement
n) use any coercive method or in any manner trying to unduly influence applicants such as by
exaggerating deadlines, misrepresenting legal requirements, or creating undue fear of adverse
consequences to appoint them as their representative, including by exploiting an applicant's lack of
knowledge about Patent procedures;
o) mislead his clients or engage in improper, unethical, or illegal activities including providing
assurance or guarantees of outcomes such as grant of a Patent;
p) withhold files of a client unreasonably or fail to return the files within a reasonable period upon
being directed to withdraw his representation;
q) engage in misleading advertising or improper solicitation of clients or make exaggerated or
untruthful claims of the expertise they possess. Their communications must be truthful, accurate,
and in keeping with the dignity of the profession. The Rule framed by the Bar Council of India,
including Rule 36 (as amended from time to time) thereof that applies to advertisements and
solicitation shall also apply mutatis mutandis to an Agent.
r) contravene or in any way act in contravention to any provision or expectation stated in the Patents
Act 1970 and the Patents Rules 2019.
C. No Agent shall withdraw from a patent application without just and reasonable cause, except:-
a) for non-payment of professional charges within a stipulated period, or
b) if he is unable to obtain instructions from his client or locate the client; provided the Agent is able to
show exercise of reasonable due diligence on his part; or
c) the Agent seeks to retire from practice; or
d) the client's conduct is dishonorable or in bad faith.
Provided that the withdrawal would be preceded by a notice in writing of not less than 30 days to the
client;
2. Agent's duties towards the Patent Office. -
(1) Every Agent must be fully updated with the latest amendments, rules and regulations concerning Patent
laws. No Agent can plead ignorance of law or its interpretation.
(2) An Agent must ensure that all filings, applications, and correspondences meet the required legal and
procedural standards. Documents submitted to the Patent Office should be accurate, complete, and timely
submitted.
(3) A Patent Agent shall not submit any document, issue communication or statement in any form that
contains a materially false or misleading statement; or contains statements or information furnished
negligently; or omits or obscures any information required to be included where such omission or obscurity
would be misleading;
Provided that no action shall be taken against the Patent Agent if the communication, statement or
document is duly rectified upon learning of the false/misleading statement.
(4) An Agent shall not do or commit any act prohibited under the provisions of the Prevention of
Corruption Act, 1988, including but not limited to bribery, cause misuse of office, or misappropriation of
public resources;
(5) Every Agent shall conduct himself in a professional manner before the Patent office in any proceeding.
No Agent shall use objectionable, abusive, derogatory, indecent gesture or obscene language in any
proceedings or otherwise while communicating with any official of the Patent Office;
(6) No Agent shall attempt to influence the decision-making process of an official of the Patent Office so as
to result in favorable outcome to the Agent or his client.
(7) No agent shall attempt to influence or intimidate any official of the Patent Office by threatening to
approach higher authorities or file an appeal in Court of Law, in response to an unfavorable decision, as
such behavior may be deemed coercive, unprofessional, and against the principles of ethical conduct.
3. DUTIES TOWARDS FELLOW PROFESSIONALS:
An Agent must: -
a) treat their fellow professionals with courtesy and respect.
b) not make disparaging references or unsubstantiated comparisons to the work of other agents.
c) not engage in unfair competition or attempt to lure or entice clients away from other agents through
unethical means or practices.
d) not permit his professional services or his name to be used for promoting or starting any unauthorised
practice of law."
[F.No. P-24038/1/2025-IPR-III]
HIMANI PANDE, Additional Secy.
Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-
Section (ii) vide number S.O. 493 (E) dated the 2nd May, 2003 and last amended vide notification number
G.S.R. 646(E) dated the 21st September, 2021.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
AMIT KUMAR
JAISWAL