In a landmark decision, the Department for Promotion of Industry and Internal Trade (DPIIT) has removed patent agent Naveen Chaklan from the Register of Patent Agents due to alleged professional misconduct. This action marks the first instance of such a deregistration by a committee constituted by the DPIIT.
Source:- bbc news
**Background of the Case**
In 2019, Chaklan charged his client, Saurav Chaudhary, ₹51,000 to file and expedite a patent application for a sewing machine. However, the application was deemed abandoned because Chaklan failed to inform Chaudhary about the First Examination Report (FER). This oversight led to harassment, financial loss, and mental anguish for Chaudhary.
Source:- news 18
**Committee’s Findings**
A five-member ad-hoc committee, formed under the direction of the Delhi High Court, investigated the matter. The committee found that 60% of the over 100 applications filed by Chaklan were either abandoned or withdrawn, raising concerns about his fiduciary duty, ethical conduct, and accountability. Chaklan claimed his mistake was unintentional, citing lack of mentorship and resources as a solo practitioner. He criticized the decision as “harsh and disproportional.”
**Implications and Future Measures**
This case underscores the importance of accountability and ethical practices among patent agents. The Delhi High Court has directed the Controller General of Patents, Designs, and Trademarks (CGPDTM) to draft and publish a Code of Conduct for patent and trademark agents to regulate professional behavior. Additionally, a framework for handling complaints against patent and trademark agents is to be established. Until then, complaints will be managed by an ad-hoc committee consisting of officials and senior IP practitioners with at least 15 years of experience.
This development highlights the need for stringent oversight and ethical standards in the field of intellectual property rights to protect clients and maintain the integrity of the profession.
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