The Controller General of Patents, Designs & Trade Marks issued three Public notices dated 26th December 2022.
The First notice, is relating to the adjournment requests being filed by the applicant, and specifies that, the Patent Agents, when requesting for adjournment of hearing under rule 129A of the Patents Rules, should provide a ‘reasonable cause’ for seeking extension. The notice further provides that if such a cause is not mentioned, the request will not be entertained. To avoid the inconvenience, the stakeholders, vide said notice have been requested to specify the ‘reasonable cause’ in the request for adjournment, without fail.
The Second Notice, is with regard to Patent Agents, and specifies that only authorized Patent Agents are entitled to represent their clients in respective matters before the Controller of Patents. The notice also clarifies 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 (Power of attorney) in his favour and also ensuring that the Advocate is accompanied with the applicant or the party concerned.
The third notice, is with regard to hearings, particularly for matters where there is a pre grant opposition and/or a post grant opposition pending. The notice informs the stakeholders that due to large number of pending patent applications awaiting disposal, the practice of giving four weeks’ time from the date of hearing intimation/notice is dispensed with and the earlier practice of 10 days’ time from the date of hearing intimation/notice, will be followed by all the Controllers of Patents with immediate effect. The notice also states 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.

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