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Agency of patent property

(Querist) 16 June 2008 This query is : Resolved 
Hi all,
to be an agent of patent, what qualifications one should require?

Guest (Expert) 17 June 2008


125. Register of patent agents :- (1) The controller shall maintain a registered to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed , of all persons qualified to have their names so entered under section 126.

(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent Agents in computer floppies , diskettes or any other electronic form subject to such safeguards as may be prescribed.

126. Qualifications for registration as patent agents :- (1) A person shall be qualified to have his name entered in the register of patent agents in he fulfils the following conditions, namely :-

(a) he is a citizen of India;
(b) he has completed the age of 21 years
(c) he has obtained a [degree in science , engineering or technology from any university established under law for the time being the force] in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf , and, in addition,-
(d) he has paid such fee as may be prescribed.

127. Rights of Patent Agents :- Subject to the provisions contained in this Act and in any rules made there under, every patent agent whose name is entered in the register shall be entitled.
(a) to practice before the controller ; and
(b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceedings before the Controller under this Act.

128. Subscription and verifications of certain documents by patent agents :- All applications and communications to the Controller under this Act may be signed by a patent agent authorized in writing in this behalf by the person concerned.

129. Restriction on practice as patent agents :- (1) No person, either along or in partnership with any other person , shall practice, describe or hold himself out as a patent agent , or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be , unless he and all his partners are so registered.
(2) No company or other body corporate shall practice, describe itself or hold itself out as patent agents or permit itself to be so described or held out.

Explanation :- For the purpose of this section, practice as a patent agent includes any of the following acts, namely:-

(a) applying for or obtaining patents in India or elsewhere.
(b) Preparing specifications or other documents for the purpose of this Act or of the patent law of any other country.
(c) Giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.

130. Removal from register of patent agents and restoration :- (1) The controller may removes the name of any person from the register when he is satisfied, after giving that person a reasonable opportunity of being heard and after such further enquiry if any , as it thinks fit to make-
(i) That his name has been entered in the register by error or on account of misrepresentation or suppression of material fact;
(ii) That he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the Controller renders his unfit to kept in the register.
(2) The Controller may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom.



108. Particulars to be contained in the register of patent agents :- (1) The register of patent agents maintained under section 125 shall contain the name , nationality , address of the principal place of business, address of branch offices, if any , the qualification and the date of registration of every registered pat
Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.

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