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PATENT AGENT

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 6-10-2015 - Section 2(1) (n) of the Patents Act, 1970 ( Act for short) defines the term as a person for the time being registered under this Act as . Qualifications Section 126 of the Act prescribes the qualifications for registration as . According to this section a person shall be qualified to have his name entered in the register of s if he fulfills the following conditions: He is a citizen of India; He has completed the age of 21 years; He h .....

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but ceased to hold any such capacity at the time of making the application for registration; He has paid such fee as may be prescribed. Qualifying examination Rule 110 of Patents Rules, 2003 provides the particulars for qualifying examination for s. According to this Rule the qualifying examination shall consist of a written test and a viva voce examination. The qualifying examination shall consist of the following papers and marks: Paper I Patents Act and Rules 100 marks Paper II Drafting and .....

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ions Rule 114 prescribes the disqualifications for registration as a . A person shall not be eligible to be registered as a , if he- Has been adjudged by a competent court to be of unsound mind; Is an undischarged insolvent; Being a discharged insolvent, has not obtained from the Court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part; Has been convicted by a competent court, whether within or outside India of an offence to undergo a term .....

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on as may be required by the Controller. The applicant should pass the qualified examination of . On receipt of the application the Controller is to verify all details contained in the application and after obtaining any further information as he considers necessary he shall on receipt of specified fee (Rs.3200/- in case of efiling or ₹ 3520/- in case of manual filing) enter the candidate s name in the register of s and issue to him a certificate of registration as a . Duplicate certificat .....

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e name, nationality, address of the principal place of business, addresses of branch offices, if any, the qualifications and the date of registration of every registered agent. The Register of s may be maintained electronically. Where the register of s is in computer floppies, diskettes or any other electronic form, it shall be maintained and accessed only by the person who is duly authorized by the Controller and no entry or alteration of any entry or rectification of any entry in the said regi .....

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h any proceeding before the Controller under this Act. Restriction on practice as s Section 129 provides that no person, either alone or in partnership with any other person, shall practice, describe or hold himself out as a , or permit himself to be so described or held out, unless he is registered as a or, as the case may be, unless he and all the partners are so registered. No company or other body corporate shall practice, describe itself or hold itself as s or permit itself to be so describ .....

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to the payment of fee of ₹ 800/- or ₹ 880/- as the case may be. Alteration in the register Rule 118 provides that a may apply for the alteration of his name, address of the principal place of business and branch offices, if any, or the qualifications entered in the register of s. On receipt of such application and the fee specified the Controller shall cause the necessary alterations to be made in the register of s. Every alteration made in the register of patents shall be published .....

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ty of misconduct in his professional capacity which in the opinion of the Controller renders him unfit to be kept in the register. Rue 116 provides that the Controller may delete from the register of s, the name of - from whom a request has been received to that effect; or when he is dead; or when the Controller has removed the name of a person under Section 130; or if he has defaulted in the payment of fees by more than three months after they are due. The removal of the name of any person from .....

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