PATENT AGENTS
125. Register of patent agents
The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names and addresses of all persons qualified to have their names so entered under section 126.
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 from any University in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,
(i) is an advocate within the meaning of the Advocates Act, 1961; or
(ii) has passed the qualifying examination prescribed for the purpose;
(d) he has paid such fee as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), a person who has been practicing as a patent agent before the 1st day of November, 1966 and has filed not less than five complete specifications before the said day, shall, on payment of prescribed fee, be qualified to have his name entered in the register of patent agents.
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 practise 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.
128. Subscription and verification of certain documents by patent agents
(1) Subject to the provisions contained in sub-section (2) and to any rules made under this Act all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned.
(2) The following documents, namely,-
(i) applications for patents;
(ii) applications for the restoration of lapsed patents;
(iii) applications for the sealing of patents after the time allowed or that purpose by or under sub-section (2), or sub-section (3) of section 43 has expired;
(iv) applications for leave to amend;
(v) applications for compulsory licences or for revocation; and
(vi) notices of surrender of patents,
shall be signed and verified in the manner prescribed by the person making such applications or giving such notices:
