Prakash Yedhula
(Lawyer)
04 March 2008
PATENT AGENTS
Section 125. Register of patent agents.-
(1) The Controller shall maintain a register 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.
Rule 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, addresses of branch offices, if any, the qualifications 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 authorised 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 authorised by the Controller.
(3) (i) Copies of register of patent agents shall be maintained in each of the branch offices;
(i) The register of patent agents shall also contain specimen signatures and photographs of the persons registered as patent agents.
Rule118. Alteration of names, etc., in the register of patent agents.-
(1) A patent agent may apply for the alteration of his name, address of the principal place of business and branch offices, if any, or the qualifications entered in the register of patent agents. On receipt of such application and the fee specified therefor in the First Schedule, the Controller shall cause the necessary alterations to be made in the register of patent agents.
(2) Every alteration made in the register of patent agents shall be published.
Section 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, engineering 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,—
(i) Omitted by Act 15 of 2005.
(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 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.
(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, 2005 shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fee as may be prescribed.
Rule 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.
Rule 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 consist of a written test and a viva voce examination.
(2) The qualifying examination shall consist of the following papers and marks, namely:
Paper I —Patents Act and Rules 100
Paper II—Drafting and interpretation of patent specifications and other documents 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 the total marks.
Rule 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.
Rule 111A. Issue of duplicate certificate of patent agents.-
The Controller may issue a duplicate certificate of registration as patent agent on a request made by the person so registered as patent agent along with fee specified in the First Schedule and contain a statement setting out the circumstances in which the original certificate issued under rule 111 was lost, destroyed and cannot be produced.
Rule 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.
Rule 113. Registration of patent agents under section 126 (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.
Rule 114. Disqualifications for registration as a patent agent.-
A person shall not be eligible to be registered as a patent agent, if he—
(i) has been adjudged by a competent court to be of 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; or (vi) being a chartered accountant, has been guilty of negligence or misconduct.
Rule 115. Payment of fees.-
The continuance of a person's name in the register of patent agents shall be subject to the payment of the fees specified therefor in the First Schedule.
Section 127. Rights of patent agents.-
Subject to the provisions contained in this Act and in any rules made thereunder, 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 proceeding before the Controller under this Act.
