One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X, an inventor from City A, filed a patent application through proper channels with the Indian Patent Office. After several months, he was contacted by Mr. Y representing XYZ Patent Services, claiming to have “exclusive inputs from the Assistant Controller” regarding his pending application. Mr. Y insisted that the patent was likely to be granted but required immediate payment for “facilitation services” totaling Rs. 2,50,000. Mr. Y provided no authorization documents and claimed urgent action was needed. Mr. X became suspicious as he had never engaged any third-party representative and the Patent Office typically communicates directly with applicants or their registered agents. When Mr. X contacted the Patent Office directly, they confirmed no such third-party had authorization and warned this appeared to be a fraudulent scheme targeting patent applicants.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Never pay money to unauthorized third parties claiming inside information. Always verify directly with the Patent Office before engaging any representative. Document all communications from suspicious parties as evidence. Report such fraudulent schemes to cybercrime authorities immediately to prevent others from falling victim.

Applicable Sections of Law

This case involves multiple legal violations under BNS and BNSS. Section 318 BNS (Cheating) applies when someone dishonestly induces delivery of property through deception. Section 319 BNS covers cheating by personation, relevant when impersonating official connections. Section 356 BNS addresses defamation if false claims damage reputation. Under BNSS, Section 173 governs investigation procedures while Section 154 covers FIR registration for such economic offenses.

If You Are the Complainant

• File FIR immediately at the nearest police station with all communication records
• Report to cybercrime cell if contacted through digital channels
• Inform Patent Office authorities about the fraudulent representation attempt
• Gather evidence including phone recordings, emails, and payment demands
• Coordinate with other potential victims who may have been similarly targeted

If You Are the Victim

• Immediately cease all communications with the fraudulent party
• If money was already paid, file complaint with bank for transaction reversal
• Document financial losses with receipts and bank statements
• Contact Consumer Protection Commission for additional remedies
• Seek legal advice for civil recovery proceedings against the fraudsters

How the Police Behave in Such Cases

Police typically treat such cases seriously as they involve organized fraud targeting intellectual property applicants. They may initially require substantial evidence before registering FIR. Cybercrime cells are generally more responsive to such technology-related frauds. Investigation often involves tracking digital communications and financial transactions. Police may coordinate with Patent Office authorities for verification of fraudulent claims.

FAQs People Normally Have

Can third parties legitimately have inside information about patent applications? No, patent proceedings are confidential between applicant and Patent Office only.

Should I pay for such services? Never pay unauthorized parties claiming special access or influence.

How to verify legitimate patent agents? Check Patent Office website for registered agent directory.

What if I already paid money? File criminal complaint and explore civil recovery options through courts.

What Evidence Is Required?

• Original patent application filing receipts and correspondence
• All communications from the fraudulent third party including emails, messages
• Audio recordings of phone conversations if available
• Bank transaction records showing any payments made
• Screenshots of websites or documents provided by fraudsters
• Witness statements from others who may have been similarly contacted
• Official clarification from Patent Office regarding unauthorized representation

How Long Will the Investigation Take?

Investigation typically takes 6-12 months depending on complexity and evidence availability. Cybercrime investigations may be faster if digital evidence is clear. Civil proceedings for recovery can take 1-2 years. Patent Office may issue public warnings about such frauds within weeks. Overall resolution including prosecution may extend to 2-3 years depending on case specifics.

Advocate Sudhir Rao, Supreme Court of India