Wednesday 23 April 2014

PATENT AGENTS

Sections 125 to 132 deal with the subject of patent agents. Section 125 provides for a register of patent agents to be maintained by the controller. The register shall contain the names and addresses of all persons qualified to have their names entered under s.126. Section 126 provides for the following qualifications for a person to be a patent agent: (a) he must a citizen of India and has completed 21 years of age; (b) he must possess a university degree and must be either an advocate or one who has passed the written examination and (c) he has paid the necessary fees. Section 127 confers certain rights on patent agents. Every registered patent agent is entitled to practice before the controller and to prepare all documents, transact all business connected with patent applications and patents. Section 128 provides that a patent agent duly authorised by an applicant for patent (or a patentee) may sign all applications and communications to the controller.

Section 129 provides that a person shall not practise as a patent agent unless he is registered as such under the Act. Also a company or a body corporate is not allowed to act as a patent agent.

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