Controller General of Patents issues clarifications regarding patent hearings


The Controller General of Patents vide circular dated 26th day of December, 2022 have informed that requests for adjournment of hearing under rule 129A of the Patents Rules, whereby the ‘reasonable cause’ for seeking extension is not mentioned, will not be entertained. To avoid the inconvenience caused, the stakeholders are requested to specify the ‘reasonable cause’ in the request for adjournment, without fail. It is also desirable that “reasonable cause” may be supported by documentary evidence, if any.

A new circular further clarifies that no party shall be given more than two adjournments and it is advisable that each adjournment shall not be for more than 10 days (although 30 days are prescribed in rule 129A of the Patents Rules, however in the public interest instant directions are issued and looking at the exigencies and priorities with respect to time bound disposal of long pending applications/matters).

It is also clarified that an Advocate, not being a patent agent, can take part in any hearing/proceeding before the Controller in accordance with section 132 of the Act, provided that the Advocate is duly authorized by the applicant or the party concerned by filing Form 26 in his favor and also ensuring that the Advocate is accompanied with the applicant or the party concerned.

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