This section discusses the significance and activities of patent agents and patent attorneys when it comes to creation and prosecution of patents.
The key factors to be considered for any new idea or concept, on securing a patent or leaving as a journal are. Industrial Applicability: Take a broad analysis on the applications where your concept or innovation can benefit an industry rather than a common man. If the impact of your innovation or invention in the…
If any person who is not a patent agent executes the functions of a Patent Agent; he shall be punishable with a fine of 1 lac for the first time and up to 5 lacs for the second and consequent offences.
If any Company commits an offence against this act in any manner; every person of the Company who are responsible for the offence and commits the business at the time of the Commission shall be punishable accordingly, but if the person proves to the Commission that the offence was committed without his knowledge and he…
The Controller shall maintain a register with the details of names, addresses and all relevant particulars of all persons qualified to be patent agents under section 126 The register shall be maintained electronically in any form to safeguard the information as prescribed.
A person shall be qualified to have his name entered in the register of patent agents if he is a citizen of India, and he has completed the age of 21 years, and has obtained a degree in engineering or technology or science from any university recognised in the territory of India and possesses such other…
Within the rules and the provisions of the Act, any person whose name is registered in the register shall, practice before the Controller; and prepare all documents, transact business and discharge all such other functions before the Controller on (behalf of an patentee) under this act.
All applications and documents and communications to the Controller under this act may be signed by the patent agent on behalf of any person concerned (patentee / applicant) after being authorised in writing.
No person alone or in partnership shall practise or portray or advertise himself as a Patent Agent unless he and his partner(s) is registered as a patent agent in the registry. No Company or other corporate bodies shall practise as patent agents, performing the activities such as applying for or obtaining patents in India or…
The Controller may remove the name of any person registered from the register of Patent Agents after giving a opportunity for him to be heard, if, his name was added to the register by error due to misrepresentation or suspension of material; he has been convicted of any offence and sentenced to a term of…
The Controller may refuse to recognise a person as an agent in respect of any proceedings if, his name is removed from register and not restored; he is convicted of an offence under section 123; he is not a registered patent agent and is just a person acting as an agent for applying patents in…