Summary
The blog examines the draft amendments to the Patents Rules, 2003, which introduce a new Sixth Schedule and Rules 119A–119I to codify the conduct and misconduct of patent agents. It explains the proposed code of conduct, specific prohibitions, duties towards the Patent Office and peers, and a time-bound disciplinary process anchored in a Disciplinary Committee and the Controller.
The Department for Promotion of Industry and Internal Trade (DPIIT) on 31 October 2025 issued a Gazette notification introducing draft amendments to the Patents Rules, 2003. The amendments introduce a new schedule (Sixth Schedule) outlining a Code of Conduct for Patent Agents, along with new Rules 119A to 119I, which collectively try to clarify what constitutes misconduct, complaint and inquiry procedures, timelines, and penalties. Under the proposed amendments, non-compliance with the Code can constitute “misconduct”, making agents liable for disciplinary action, ranging from warnings to removal from the Register of Patent Agents.
Code of Conduct
The Code of Conduct outlines a comprehensive set of professional and ethical obligations to ensure that patent agents uphold diligence, integrity, and accountability in all interactions with clients and the Patent Office.
Key responsibilities
The Code lists several core responsibilities that patent agents are expected to uphold as part of their professional practice. These include:
- Issuing engagement letters that clearly define the scope of services.
- Acting with reasonable care and good faith, maintaining up-to-date knowledge of patent law, and complying with all applicable legal and regulatory requirements.
- Supervising staff appropriately, safeguarding client confidentiality, and maintaining accurate records of deadlines and communications.
- Communicating promptly, following client instructions, disclosing conflicts of interest, and preventing clients from engaging in unfair or improper practices.
- Maintaining a presentable and professional demeanour during proceedings.
Misconduct
The Code also provides an extensive list of conduct that is expressly prohibited. This includes:
- Misleading clients or the Patent Office, concealing facts, or submitting forged documents.
- Misusing client funds, manipulating applicant identities, or allowing non-agents to appear before the Office.
- Engaging in coercion, collusion, or attempts to influence officials.
- Making misleading advertisements, exaggerating expertise, improperly soliciting clients, or creating fear to secure engagement.
- Withholding client files or violating statutory timelines.
- Withdrawing from representation without justifiable reasons or without providing at least 30 days’ notice.
Duties towards Patent Office
Agents must ensure accuracy and timeliness in all filings and avoid false or negligent statements. The Code prohibits:
- Corrupt practices or attempts to influence or intimidate officials.
- Private communications with officials regarding pending matters.
- Use of objectionable, abusive, derogatory, or indecent language in communications or proceedings.
Professional Conduct with Peers
Patent agents are expected to uphold professional courtesy and collegiality. They must:
- Treat fellow professionals with courtesy.
- Avoid disparaging comparisons or client-poaching.
- Ensure their names are not used to support unauthorized legal practice.
Disciplinary Procedures for Misconduct
Misconduct by a Patent Agent can result in warnings, censure, or removal from the Register of Patent Agents under Section 130(1)(ii). Complaints must be filed electronically using Form 34, which standardises the information required to initiate disciplinary proceedings.
The draft amendments provide a clear procedure to address complaints of misconduct and ensure timely resolution. Under the proposed procedure, a Disciplinary Committee, comprising senior Patent Office officials and experienced practicing agents will evaluate complaints, conduct inquiries, and make recommendations to the Controller. Recommendations may include dismissal of unmeritorious complaints or ordering an inquiry, if justified. The Controller issues a notice to the Patent Agent to submit a reply with supporting evidence within one month. If no response is received, the Committee may adjudicate the matter ex-parte. The Committee may also recommend dropping proceedings for just cause and must complete the inquiry within three months.
Based on the Committee’s recommendations, the Controller will issue a written order. The outlined procedure also allows the Controller to initiate proceedings suo motu if credible evidence of misconduct emerges. All proceedings are expected to remain confidential and adhere to defined timelines.
Conclusion
The draft amendments are a major attempt to introduce a formal Code of Conduct to regulate the professional behaviour of Patent Agents and address instances of misconduct.
The draft amendments were open for public comments and objections until 30 November 2025. Patent agents at BananaIP Counsels have submitted their comments, which can be accessed here.
