Section 126 – THE PATENTS ACT, 1970

Qualifications for registration as patent agents

(1) A person shall be qualified to have his
name 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 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,—
(i) [Omitted by the Patents (Amendment) Act, 2005]
(ii) has passed the qualifying examination prescribed for the purpose; or
(iii) 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;
(d) he has paid such fee as may be prescribed.
(2) 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,

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