Patent Agent: A short note.

The controller general of patent maintains a register which contains the name address and other relevant information of all the registered patent agent in India. According to law of land here are eligibility criteria as to who can get their names registered as patent agent in india :

  • He/she must be citizen of India.
  • He/she must be above 21 years of age.
  • He/she must be a science/engineering/technology graduate from any recognized university.
  • He/she must pass the qualifying exam.

Point to note here is that any person who has worked as an examiner or controller of patent for not less than 10 years are also eligible to get their names registered as patent agent provided they don’t hold office at the time of application.

Rights of a patent agent

  • He/she can practice before controller of patent.
  • He/she can draft all the documents , make application and carry out other business as prescribed with any any proceedings before controller of patent.

It should be noted here that patent agent can act only if he has written consent from the person concerned (inventor or applicant ).

No person or company can disclose themselves as patent agent unless they are registered as patent agent in the register of controller of patent. Controller may remove or restore name of any patent agent in the register at any time. The controller may also refuse to deal with a patent agent on the grounds that he is either not a resident of India, convicted by law of land,  on removal of name from register or the person is acting as manager or director of a company making application for a patent.

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