All about Patent Agent for Patent Registration in Coimbatore

Patent Agent for Patent Registration in India

In accordance with section 125, 126 and 127 of The Indian Patents Act, 1970; a patent agent is a professional whose name has been registered as a patent agent in the register of patent agents as maintained by the patent office and who is authorized to draft and file the patent applications on behalf of an applicant. 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 A patent agent is entitled to practice before the controller and prepare all the documents related to filing of a patent application and discharge other duties in relation to the patent application of the applicant. The Patents Act read with the Patents Rules prescribes 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. The notification concerning the examination is published in the official website and also in at least one prominent newspaper. All matters relating to patent registration and subsequent procedures are dealt with in the Office of The Controller General of Patents, Designs and Trademarks, Mumbai.

patent agent

Section 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, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126. 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.

Section 126: Qualifications for registration as patent agents

A person shall be qualified to have his name entered in the register of patent agents he fulfils the following conditions, namely:

1. He is a citizen of India;

2. He has completed the age of 21 years;

3. 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

4. (Omitted by the Patents (Amendment) Act, 2005]

5. Has passed the qualifying examination prescribed for the purpose; or

6. 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 patent registration;

7. He has paid such fee as may be prescribed.

8. 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 fees as may be prescribed.

Section 127 & 129: Rights of patent agents

Every patent agent whose name is entered in the register shall be entitled:-

1. To practice before the Controller, and

2. 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.

3. To apply for or obtain patents in India or elsewhere.

4. To prepare specifications and other documents related to the patent registration application.

5. To give advice other than of scientific or technical nature as to the validity of the patents and their infringement.

Section 128: Subscription and verification of certain documents by 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.

Section 129: Restrictions on practice as patent agent as a patent agent

1. 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.

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.

3. Explanation: For this section, any of the following acts can be included for practicing as a patent agent.

4. To apply for or to obtain patents in India or elsewhere;

5. To prepare specifications or other documents required;

6. To give advice other than of a scientific or technical nature as to the validity of patents or their infringement.

Section 130: Power of controller to remove the name of a patent agent

patent agent

1. 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 an error on account of misrepresentation or suppression of material fact: or

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.

2. 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.

3. Besides, the name of the Patent agent can be removed also when:

i. Request has been received from the patent agent to that effect;

ii. He/she is dead; or

4. If he/she has defaulted in the payment of fees specified in the First Schedule by more than three months after they are due.

5. The decision of the removal of the name of any person from the register of patent agents shall be published and will be communicated to the person concerned.

Section 131: 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

1. Any individual whose name has been renewed from, and not restored to, the-register,

2. Any person who has been convicted of an offense under section 123:

3. 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;

4. 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.

5. Any person who neither resides nor has a place of business in India.

Rule 114: Disqualifications for registration as a patent agent

A person shall not be eligible to be registered as a patent agent, if he-

1. Has been adjudged by a competent court to be of unsound mind;

2. Is an undischarged insolvent;

3. 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;

4. 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 a patent registration application made by him, the Central Government has, by order in this behalf, removed the disability;

5. Being a legal practitioner has been guilty of professional misconduct; or

6. Being a chartered accountant has been guilty of negligence or misconduct

Rule 117: Restoration of names of patent agent

1. Restoration of names of persons removed from the register of Patent-Agents can be made by the Controller, on application made in Form 23 within two months from the date of such removal.

2. The restoration of name to the register shall be published and communicated to the person concerned.

3. If the name of a person is entered in the register of patents agents, his name shall be continued therein for a period of one year from the date on which his last annual fee became due.

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