PATENT AGENT EXAM

Prakash Yedhula (Lawyer) 10 March 2009

The relevant provisions in the Patent Act and Rules are quoted below :-

PATENTS ACT , 1970

CHAPTER XXI- PATENT AGENTS

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.

PATENT RULES 2003

CHAPTER XV - PATENT AGENTS

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 patent agent.

(2) Where the register of patent agents is in computer floppies,diskettes or any other electronic form, it shall be maintained and accessed only by the person who is duly authorized by the Controller and no entry or alteration of any entry or rectification of any entry in the said register shall be made by any person who is not so authorized by the Controller.

(3) (i) Copies of register of patent agents shall be maintained in each of the branch offices;

(ii) The register of patent agents shall also contain specimen signatures and photographs of the person registered as patent agents.

109. Application for registration of patent agents :- (1) Every person who desires to be registered as a patent agent shall make an application in Form 22.

(2) The applicant shall furnish such other information as may be required by the Controller.

(3) A person desirous to appear in the qualifying examination under rule 110 shall make a request to the Controller along with the fee as specified in the first schedule.

110. Particulars of the qualifying examination for patent agents :- (1)The qualifying examination referred to in clause (c)(ii) of sub-section (1) of section 126 shall consists of a written test and a viva voce examination.

(2) The qualifying examination shall consist of the following papers and marks, namely:-

Paper I – Patent Act and Rules 100

Paper II- Drafting and interpretation of

Patent specification and other documents 100

Viva Voce 100

(3) The qualifying marks for each written paper and for the viva voce examination shall be fifty per cent each , of total marks and a candidate shall be declared to have passed the examination only if he obtains an aggregate of sixty per cent of total marks.

111. Registration of patent agents :- After a candidate passes the qualifying examination specified in Rule 110 and after obtaining any further information which the controller considers necessary he shall, on receipt of the fee specified therefore in the first schedule, enter the candidate’s name in the register of patent agents and issue to him a certificate of registration as a patent agent.

112. Details to be included in an application for the registration of a patent agent :-An application by a person entitled to be registered as a patent agent under sub-section (2) of section 126 shall also be made in Form 22.

113. Registration of patent agents under section126(2) :- On receipt of an application for the registration of a person as a patent agent under rule 112, the Controller may if he is satisfied that the said person fulfils the conditions specified in sub-section (2) of section 126 enter his name in the register of patent agents.

114. Disqualification for registration as a patent agent :- A person shall not be eligible to be registered as patent agent, if he-

(i) has been adjudged by a competent court to be unsound mind ;

(ii) is an undischarged insolvent.

(iii) 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.

(iv) 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.

(v) Being a legal practitioner has been guilty of professional misconduct.

(vi) Being a chartered accountant, has been guilty or negligence or misconduct.

ritu bhadana (advocate) 10 March 2009

thankyou mr. y prakash for the valuable information

Naqeeb Nawab (IPR Consultant) 13 March 2009

Hi Ritu,

Mr. Y Prakash has given a detailed reply to your query.

I will try to sum up the requirements and qualification in point wise reply:

a) The basic qualification for getting registered as a patent agent is a Science degree. Before 2005 amendment of the Patents Act, an advocate with a science degree used to be eligible for registration as a patent agent without sitting for an examination. However, after the amendment, such a relaxation has been removed.

b) Patent agent examination are held twice a year. The date of examination is notified on the official website of the patent office. The link to the official website of the patent office is : https://www.patentoffice.nic.in/

Hope they answer your queries

With regards,

Naqeeb

monima khan (advocacy) 01 April 2009

can anyone tell me when and where patent agent exam takes place or from where can i find the information for the same

Naqeeb Nawab (IPR Consultant) 28 July 2009

Hi Momina,

Patent Agent exams are conducted by Indian Patent Office at their four respective offices i.e., Delhi, Mumbai, Kolkata and Chennai.

The notification for examination is published on the website of the Indian patent Office.

The link to the website is: https://www.patentoffice.nic.in/

nawomica (student) 27 October 2009

Will Geography Hons be considered as science subject.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 27 December 2009

YES, PLS SEE THE ATTACHED ONE-

Attached File : 26 26 patentagentexamination 2010.pdf downloaded: 227 times

Prasad Patwardhan (Techno-Legal professional) 30 December 2009

I am looking for concise notes for upcoming Patent Agent exam on 23-Jan-10. Can someone help. Books are expensive and volumeminous.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 30 December 2009

AS PER THE SYLLABUS, YOU CAN PREPARE FROM THE ACT, RULES AND WEB OF PATENT OFFICE. TRY HARD NOTHING IS READY MADE.

Prasad Patwardhan (Techno-Legal professional) 03 January 2010

On the official site there are Q papers only until Dec-08. Any idea how toget latest papers.

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student) 03 January 2010

Dear Prasad,

No exam has been held in 2009.

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student) 03 January 2010

and try to get knowledge about writing specifications from patent agents.

Rohit Sharma (Advocate) 04 January 2010

Dear All

If anyone has any query related to Paper II than contact me through this site about their queries.

I will try them to answer the same in detail.

Regards

Rohit Sharma

Rohit Sharma (Advocate) 04 January 2010

There are no consise notes available in the market yet,though there are many books available in the Market from which one can prepare for Patent Agent exam.One such book is Demystifying Intellectual Property Rights.

Please note that this is my personal opinion.

Regards

Rohit Sharma

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