THE PATENTS ACT, 1970

Notification as to countries not providing for reciprocity Where any country specified bythe Central Government in this behalf by notification in the Official Gazette does notaccord to citizens of India the same rights in respect of the grant of patents and theprotection of patent rights as it accords to its own nationals, no national of […]

Convention countries Any country, which is a signatory or party or a group ofcountries, union of countries or intergovernmental organisations which are signatoriesor parties to an international, regional or bi-lateral treaty, convention or arrangementto which India is also a signatory or party and which affords to the applicants for patentsin India or to citizens of

Savings in respect of other persons authorised to act as agents —Nothing in the Chaptershall be deemed to prohibit—(a) the applicant for a patent from drafting any specification or appearing oracting before the Controller, or(b) an advocate, not being a patent agent, from taking part in any hearing beforethe Controller on behalf of a party

Power of Controller to refuse to deal with certain agents —(1) Subject to any rules madein this behalf, the Controller may refuse to recognise as agent in respect of any businessunder this Act—(a) any individual whose name has been removed from, and not restored to, theregister;(b) any person who has been convicted of an offence

Removal from register of patent agents and restoration (1) The Controller mayremove the name of any person from the register when he is satisfied, after giving thatperson a reasonable opportunity of being heard and after such further inquiry, if any, ashe thinks fit to make—(i) that his name has been entered in the register by

Restrictions on practice as patent agents (1) No person, either alone or in partnershipwith any other person, shall practise, describe or hold himself out as a patent agent, orpermit himself to be so described or held out, unless he is registered as a patent agent or,as the case may be, unless he and all his

Subscription and verification of certain documents by patent agents (1) all applicationsand communications to the Controller under this Act may be signed by a patent agentauthorised in writing in this behalf by the person concerned.Provided that if such person is absent from India, they may be signed and verified onhis behalf by a patent agent

Rights of patent agents —Subject to the provisions contained in this Act and in any rulesmade thereunder, every patent agent whose name is entered in the register shall beentitled—(a) to practice before the Controller; and(b) to prepare all documents, transact all business and discharge such other functionsas may be prescribed in connection with any proceeding

Qualifications for registration as patent agents (1) A person shall be qualified to have hisname entered in the register of patent agents if he fulfills 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 in science, engineering or technology from anyuniversity established

Register of patent agents (1) The Controller shall maintain a register to be called theregister of patent agents in which shall be entered the names, addresses and otherrelevant particulars, as may be prescribed, of all persons qualified to have their names soentered under section 126.(2) Notwithstanding anything contained in sub-section (1), it shall be lawful