JUDGMENT

1. The petitioner filed Indian Patent Application No. 4154/DEL/2015 (hereinafter referred to as “subject application”) on 18.12.2025. The said subject application was then published on 19.01.2018. Thereafter, on 18.12.2019, though it was the due date for filing Form 18 of the Patents Act (hereinafter “Act”) for request for examination of the subject application, despite best efforts, the erstwhile Patent Agent who was handling the portfolio of the petitioner failed to file the said Form 18 (Request for examination of the application for patent). This was also despite that the petitioner was assured that the said erstwhile Patent Agent had taken all the requisite actions with respect to the subject application and status “Deemed to be withdrawn u/s 11B(4)” thereof as reflecting on the official website “https://ipindia.gov.in/trade-marks.html” of the respondent no.2 was incorrect and furthermore that the said erstwhile Patent Agent was in contact with Office of the respondent no.2 for rectifying the records pertaining to the subject application.

2. After going through the entire portfolio handled by the erstwhile Patent Agent, the petitioner found that many of its patent appli