patent agent exam.
Amit Shukla
(Querist) 10 January 2011
This query is : Resolved
Dear Sir,
I have been practicing as an advocate in Allahabad High court for more that 11 years. I have also done Bachelor of Arts & MBA(Specialization in Intellectual Property Rights) & MS Office. I want to appear in Patent Agent Exam.
Kindly advice me that considering my education am I able to appear in the exam of Patent Agent?
Raj Kumar Makkad
(Expert) 10 January 2011
You are fully qualified for the examination.
R.Ramachandran
(Expert) 10 January 2011
Apart from your above qualifications, you should also have some science background - BSc, MSc, B.E., B.Tech etc.
Devajyoti Barman
(Expert) 10 January 2011
The authority holding such examination could reply whether you are eligible to sit for such examination or not.
R.Ramachandran
(Expert) 10 January 2011
Please see Section 126(1)(c)of Indian Patents Act, 1970 (as amended)
Section 126 of the Indian Patents Act, 1970 provides as under:
126. Qualifications for registration as patent agents
(1) A person shall be qualified to have his name entered in the register of patent agents if 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, engineeringing or technology from any University established under law for the time being in force in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,-
(ii) has passed the qualifying examination prescribed for the purpose; or
(iii) has, for a total period of not less than ten years, functioned either as an examiner or dischared 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.
(2) Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of the Patents (Amendment) Act, 2002 shall be entitled to continue tobe, or when required to be re-registered, as a patent agent, on payment of prescribed fee as may be prescribed.
Raj Kumar Makkad
(Expert) 10 January 2011
Nothing remains to be added in the authentic advice of Ramachandran.hhh
