Section 125,126,127 Rule 108,109
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 http://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 regarding patent agents are dealt by the Office of the Controller General of Patents, Designs and Trademarks, Mumbai. 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, the date of registration of every registered patent agent and the details of their renewal of registration and any other particulars so specified by the Controller.
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) Register of patent agents shall contain specimen signatures and photographs of persons registered as patent agents.
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 specified in the First Schedule after announcement of such examination and within the period as may be specified in the
Disqualifications for Registration as Patent Agent
A person shall not be eligible to be registered as s 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;
f. being a chartered accountant, has been guilty of negligence or misconduct .
Rights of patent agents
A patent agent is entitleda. 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.
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.
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.
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 of the Act;
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.
Power of Controller to remove the name of a Patent Agent:
Section 130. Rule 116.
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;
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.
Removal of a name from the Register of patent agents
1) The Controller may delete from the register of patent agents, the name of any patent agent-
(a) from whom a request has been received to that effect; or
(b) when he is dead; or
(c) when the Controller has removed the name of a person
under sub-section (1) of section 130; or
(d) if he has defaulted in the payment of fees specified in rule 115, by more than three months after they are due; or
(e) if he ceases to be a citizen of India:
Provided that except under clause(a) and (b), before removing the name of any person from the register of patent agents under this rule, such person shall be given a reasonable opportunity of being heard.
2) The decision of the removal of the name of any person from the Register of Patent Agents shall be published and shall be communicated to the person concerned.
Alteration of names of Patent Agents
Section 125 Rule 118
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, e-mail address, telephone number, fax number or any other particulars under subsection (1) of section 125. On receipt of such application and the
fee specified therefor in the First Schedule for such request for alteration of particulars, 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.
Refer: The Patents Act 1970
Categories: Intellectual Property