Saurav Chaudhary Vs. Union Of India & ANR. (2024) SCC Online Del 4585
- IJLLR Journal
- Oct 5
- 1 min read
Deepak Singh Vivekananda Institute of Professional Studies-Technical Campus, Guru Gobind Singh Indraprastha University (GGSIPU)
CASE DETAILS
CASE NAME/CASE TITLE Saurav Chaudhary vs. Union of India & Anr.
CITATION 2024 SCC OnLine Del 4585
DATE OF JUDGMENT July 4, 2024
COURT OF ADJUDICATURE Delhi High Court
CORAM Justice Pratibha M. Singh
BACKGROUND OF THE CASE
Saurav Chaudhary, the petitioner, had filed a patent application which was later deemed abandoned under Section 21(1) of the Patents Act, 1970, due to non-submission of a reply to the First Examination Report (FER). The petitioner contended that this procedural lapse was not attributable to his own negligence but was caused by the failure of his patent agent to inform him about the issuance of the FER. Despite being proactive, sending multiple follow-up emails and even paying the requisite examination fees, the petitioner was never made aware of the FER in writing. The agent admitted to having only two brief phone conversations with the petitioner and failed to provide any documentary evidence of communication. Feeling aggrieved by the abandonment of his application and the lack of accountability mechanisms for patent agents, the petitioner approached the Delhi High Court seeking restoration of his application and disciplinary action against the agent. The case thus raised important questions about procedural fairness in patent prosecution, the fiduciary duties of patent agents, and the need for a codified framework to regulate professional conduct in India’s intellectual property ecosystem.
