LatestIP And Trademarks 8 October 2026
Madras High Court Rules Agent Silence Won’t Kill Patent Application
India’s Madras High Court ruled that an applicant’s failure to respond to a patent agent’s silence does not automatically invalidate the filing, emphasizing that procedural lapses alone cannot extinguish rights. The decision clarifies procedural expectations for patent prosecution and safeguards applicants against undue rejection due to agent inactivity.
The Madras High Court clarified that a patent application cannot be dismissed merely because the appointed agent remains silent.
- Procedural silence is not grounds for extinguishing a pending application.
- Courts will require evidence of substantive prejudice before rejecting a filing.
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