A petition filed before the Delhi High Court has brought to light several alleged irregularities at the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM). These include the arbitrary reallocation and abandonment of patent applications, the revival of previously dismissed ones, and cases being withdrawn and reassigned to new officers without a reasoned written order. The petition, filed by the All India Patent Officers’ Welfare Association of Group A officers, highlights concerns over these practices, which are said to undermine the statutory quasi-judicial functions of patent officers.
The petition seeks an inquiry into the actions of the information technology (IT) division of the CGPDTM, arguing that contract-hired officers in this division have interfered with the patent grant and refusal process with undue impunity. According to the petition, the reallocation of patent applications and other processes must strictly adhere to Section 73(4) of the Patents Act, 1970, and other relevant laws, necessitating a reasoned order for any reallocation.
However, the petition alleges that the IT division has violated the law by transferring, withdrawing, and in some cases, declaring patent applications as dead, while reviving others without proper authorization. These ‘unlawful acts,’ the petition argues, create opportunities for ‘corruption’ and ‘favoritism.’
In response to these allegations, Justice Subramonium Prasad’s bench has issued a notice to the CGPDTM, requesting a response, with the matter scheduled to be heard again on September 30.
The petitioners initially raised their concerns with the Union Ministry of Commerce, providing detailed accounts of the alleged irregularities. When no response was received, the association approached the Delhi High Court.
The petition further claims that IT officers have bypassed the automated system designed to allocate patent applications without human intervention, opting instead for manual reallocation. This, according to the petition, has compromised the impartiality and confidence in the patenting process and cast doubt on data regarding the pendency and disposal of applications.
The petition highlights instances where patent applications were reallocated to officers in different technical fields or where cases were reassigned even after hearings had taken place, which under the law, should only be decided by the officer who heard them. Additionally, it alleges that the IT team revived 100 applications previously denied patents and declared 11,000 pending applications as abandoned in 2020, without the required authority.
The petition emphasises the need for a ‘fair’ and ‘transparent’ patenting regime to foster innovation and research. It calls for an inquiry into these arbitrary practices to ensure the integrity of the patenting process and deter future misconduct.
The petition filed before the Delhi High Court concerning alleged irregularities at the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) raises significant concerns about transparency and adherence to statutory procedures in the patenting process. The claims of arbitrary reallocation, unwarranted abandonment, and unauthorized revival of patent applications highlight potential breaches of legal norms that are critical for maintaining a fair and impartial patent system.
Vakilsearch is committed to fostering a transparent and fair patenting environment that promotes innovation and research. For expert advice or legal assistance on patent law compliance, disputes, or application procedures, reach out to Vakilsearch’s experienced intellectual property attorneys.
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