Who can act as a 'Patent Agent' under the provisions of the Patent Act, 1970 ? State the rights and powers of the Patent Agent.

CS Executive · Economic and Commercial Laws · PYQS · December 2019
Who can act as a 'Patent Agent' under the provisions of the Patent Act, 1970 ? State the rights and powers of the Patent Agent.

Answer & Explanation:

Who can act as a 'Patent Agent' (Section 126 of the Patents Act, 1970): A person shall be qualified to have his name entered in the register of patent agents if he meets the following criteria: He is a citizen of India. He has completed the age of 21 years. 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. He has passed the qualifying examination prescribed for the purpose. Alternatively, he 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 registration. He has paid the prescribed fees. Rights and Powers of the Patent Agent (Section 127 of the Patents Act, 1970): Section 127 of the Patents Act, 1970, empowers the patent agent to: Practice before the Controller. Prepare all documents. Transact all business. Discharge such other functions as may be prescribed in connection with any proceeding before the Controller under the Act. In accordance with the provisions of Section 128 of the Patents Act, 1970, the patent agent may sign under authorisation in writing in this behalf by the person concerned all applications and communications to the Controller.

Topics: Patent Act, 1970

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