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Who is a patent agent and is there any prescribed qualification to be a patent agent?

What are the functions of patent agent?

The person who qualified as stated under section 126 of the Patents Act, 1970 and is registered under the Act as patent agent and whose name appears in the Register of patent maintained by the Controller under Section 125.

Qualifications for registration as patent agents is given under Section 126.  As per this section, a person qualifies to register as patent agent are:

(a) he should be the citizen of India;

 (b) he should complete the age of 21 years;

 (c) he should obtained a degree in science, engineering or technology from any university in India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,—

  • should be advocate  [Omitted by the Patents (Amendment) Act, 2005]
  • has passed the qualifying examination prescribed for the purpose; or
  • a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity at the time of making the application for registration;

(d) he has paid such fee as may be prescribed.

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 a person registered as a patent agent before the commencement of the Patents (Amendment) Act, 2005 is entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of prescribed fee.

Functions of the Patent agent:  Every patent agent is entitled to practice before the Controller and prepare all documents, transact all business and discharge such other functions in relation to any proceeding before the Controller under this Act. If the patent agent is authorized in writing by the person, the patent agent may sign the applications and communications, to the Controller, on behalf of the person concerned.  Patent agent may advice other on the validity of patents or their infringement.

Read Also:

The Patents Act, 1970
The Patents (Amendment) Act, 2005
The Patent (Amendment) Rules, 2016

Adv. Anitha Gutti

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