Chapter 15
Patent Agents
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Patent Agents a. A patent application can be filed and prosecuted by an Applicant himself or through a registered Indian patent agent. The Register of Patent Agents containing the names and addresses of all the registered patent agents is available at: www.ipindia.nic.in b. The Patents Act read with the Patents Rules prescribe the qualifications and the eligibility for becoming a patent agent. In order to get registered as a patent agent one has to pass an examination conducted by the Controller General of Patents annually. The notification concerning the examination is published in the official website www.ipindia.nic.in and also in at least one prominent newspaper. c. In order to apply for registration as a patent agent, one has to be a citizen of India, above the age of 21, and should have a Bachelor’s degree in Science or Engineering from a recognized Indian University or possesses such other equivalent qualifications as the Central Government may specify in this behalf. d. All matters relating to registration and subsequent procedures are dealt with in the Office of The Controller General of Patents, Designs and Trademarks, Mumbai. |
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Disqualifications
for registration as a patent agent A person shall not be eligible to be
registered as a patent agent, if he - a.
has been adjudged by a competent court
to be of unsound mind; b.
is an undischarged
insolvent; c.
being a discharged insolvent, has not
obtained from the court a certificate to the effect that his insolvency was
caused by misfortune without any misconduct on his part; d.
has been convicted by a competent
court, whether within or outside India of an offence to undergo a term of
imprisonment, unless the offence of which he has been convicted has been
pardoned or unless on an application made by him, the Central Government has,
by order in this behalf, removed the disability; e.
being a legal practitioner has been
guilty of professional misconduct; or f.
being
a chartered accountant, has been guilty of negligence or misconduct. |
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Rights of patent agents A patent agent is 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. |
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Subscription
and verification of certain documents by a Patent Agent 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. |
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Restrictions on Practice as Patent Agents Only a person registered as a patent agent is authorized to practice. In the case of a partnership, the firm may be described or held out as Patent Agent, only if all of the partners of the Firm are registered as patent agents. 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. Each person in the associate group if any constituted should be a registered Agent and duly authorized by the concerned person on behalf they act. |
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Power of
Controller to refuse to deal with certain agents The Controller may refuse to recognize as agent in respect of any business under this Act: a. any individual whose name has been removed from, and not restored to, the register; b. any person who has been convicted of an offence under section 123; c. any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person by whom he is employed; d. any company or firm, if any person whom the Controller could refuse to recognize as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm. e. any person who neither resides nor has a place of business in India. |
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Power of Controller to remove the name of a Patent Agent a. The name of any person from the Register can be removed if the Controller is satisfied that: – i. his/her name has been entered in the Register by error on account of misrepresentation or suppression of material fact; or ii. he/she 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 him unfit to be kept in the register. b. The Controller shall take such decision after giving that person a reasonable opportunity of being heard and after any further inquiry, as he thinks fit to make. c. Besides, the name of the Patent agent can be removed also when: i. request has been received from the Patent Agent to that effect; or ii. he/she is dead; or iii. if he/she has defaulted in the payment of fees specified in the First Schedule by more than three months after they are due. d. The decision of the removal of the name of any person from the Register of Patent Agents shall be published and will be communicated to the person concerned. |
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Restoration of names of Patent Agents a.
Restoration
of names of persons removed from the register of Patent Agents can be made by
the Controller, on Application
made in form 23 within two months from the date of such removal. b.
The restoration of name to the register shall
be published and communicated to the person concerned. c. If the name of a person is entered in the register of Patents Agents, his name shall be continued therein for a period of one year from the date on which his last annual fee became due. |
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