Patent Agent - Definition, Roles and Responsibilities



Who is a Patent Agent?

Patent Agent is a person for the time being registered in the Register of Patent Agents as a patent agent under The Patents Act 1970 and is eligible to practice any of the following acts, namely:

(a) applying for or obtaining patents in India or elsewhere;

(b) preparing specifications or other documents for the purposes of this Act or of the patent law of any other country;

(c) giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.




- What are the qualifications required for registering as patent agents?

Section 126

(1) The statutory requirements for becoming a patent agent are:

(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 and has

(i) passed the qualifying examination prescribed for the purpose; or

(ii) for a minimum period of ten years, functioned either as an examiner or discharged the functions of the Controller or both, but ceased to hold any such capacity at the time of making the application for registration;

(d) he has passed the Patent Agent Examination conducted by the Controller General of Patents.

- What are the rights of a patent agents?

Section 127

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.

In detail, practice as a patent agent includes any of the following acts, namely:—

(a) applying for or obtaining patents in India or elsewhere;

(b) drafting specifications or preparing other documents for the purposes of this Act or of the patent law of any other country;

(c) giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.


- Can anyone practice as non-registered patent agents?

Section 129

(1) Without being registered as patent agents, a person either alone or in partnership with any other person shall not practice, describe or hold himself out as a patent agent, or permit himself to be so described or held out.

(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.


- What is the punishment for practicing by non-registered patent agents?

Section 123

If any person violates the provisions of section 129, he shall be punishable with fine which may extend to one lakh rupees in the case of a first offence and five lakh rupees in the case of a second or subsequent offence.



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