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CHAPTER XV
PATENT AGENTS
108. Particulars to be contained in the register of patent agents.― (1) The register of
patent agents maintained under section 125 shall contain the name, nationality, address of
the principal place of business, addresses of branch offices, if any, the qualifications, the
date of registration of every registered patent agent and the details of their renewal of
registration and any other particulars so specified by the Controller.
(2) Where the register of patent agents is in computer floppies, diskettes or any other
electronic form, it shall be maintained and accessed only by the person who is duly
authorised by the Controller and no entry or alteration of any entry or rectification of any
entry in the said register shall be made by any person who is not so authorised by the
Controller.
(3) (i) Copies of register of patent agents shall be maintained in each of the branch
offices;
(ii) The register of patent agents shall also contain specimen signatures and
photographs of the persons registered as patent agents.
109. Application for registration of patent agents.— (1) Every person who desires to be
registered as a patent agent shall make an application in Form 22.
(2) The applicant shall furnish such other information as may be required by the
Controller.
(3) A person desirous to appear in the qualifying examination under rule 110 shall make a
request to the Controller along with the fee specified in the First Schedule after
announcement of such examination and within the period as may be specified in the
announcement.
110. Particulars of the qualifying examination for patent agents.— (1) The qualifying
examination referred to in clause (c) (ii) of sub-section (1) of section 126 shall consist of a
written test and a viva voce examination.
(2) The qualifying examination shall consist of the following papers and marks, namely:
Paper I —Patents Act and Rules
100
Paper II—Drafting and interpretation of patent specifications and other
documents
100
Viva Voce
50
(3) A candidate shall be required to secure a minimum of fifty marks in paper I and paper II
and shall be declared to have passed the examination only, if he obtains an aggregate of
sixty percent of the total marks.
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111. Registration of patent agents.—After a candidate passes the qualifying examination
specified in rule 110 and after obtaining any further information which the Controller
considers necessary he shall, on receipt of the fee specified therefor in the First Schedule,
enter the candidate's name in the register of patent agents and issue to him a certificate of
registration as a patent agent.
111A. Issue of duplicate certificate of patent agents.—The Controller may issue a duplicate
certificate of registration as patent agent on a request made by the person so registered as
patent agent along with fee specified in the First Schedule and contain a
statement setting
out the circumstances in which the original certificate issued under rule
111 was lost,
destroyed and cannot be produced.
112. Details to be included in an application for the registration of a patent agent.—An
application by a person entitled to be registered as a patent agent under sub- section (2) of
section 126 shall also be made in Form 22.
113. Registration of patent agents under section 126 (2).—On receipt of an application for
the registration of a person as a patent agent under rule 112, the Controller may if he is
satisfied that the said person fulfils the conditions specified in sub-section (2) of section 126
enter his name in the register of patent agents.
114. Disqualifications for registration as a patent agent.—A person shall not be eligible to
be registered as a patent agent, if he—
(i) has been adjudged by a competent court to be of unsound mind;
(ii) is an undischarged insolvent;
(iii) 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;
(iv) has been convicted by a competent court, whether within or outside India of an
offence to undergo a term of imprisonment, unless the offence of which he has
been convicted has been pardoned or unless on an application made by him, the
Central Government has, by order in this behalf, removed the disability;
(v) being a legal practitioner has been guilty of professional misconduct; or
(vi) being a chartered accountant, has been guilty of negligence or misconduct.
115. Payment of fees.—The continuance of a person's name in the register of patent agents
shall be subject to the payment of the fees specified therefor in the First Schedule.
116. Removal of a name from the register of patent agents.—(1) The Controller may delete
from the register of patent agents, the name of any patent agent—
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(a) from whom a request has been received to that effect; or
(b) when he is dead; or
(c)when the Controller has removed the name of a person under subsection
(1) of
section 130; or
(d) if he has defaulted in the payment of fees specified in rule 115, by more than
three months after they are due; or
(e) if he ceases to be a citizen of India:
Provided that except under clause (a) and (b), before removing the name of any
person from the register of patent agents under this rule, such person shall be given a
reasonable opportunity of being heard.
(2) The removal of the name of any person from the register of patent agents shall be
published and shall be, where relevant forthwith communicated to the person concerned.
117. Restoration of name of persons removed from the register of patent agents.—(1) An
application for the restoration of the name of any person removed from the register of
patent agents under sub-section (2) of section 130 shall be made in Form 23 within two
months from the date of such removal.
(2) If the name of a person is restored to the register of patent agents, his name shall be
continued therein for a period of one year from the date on which his last annual fee
became due.
(3) The restoration of a name to the register of patent agents shall be communicated to
the patent agent and also published on the official website.
118. Alteration of names, etc., in the register of patent agents.―(1) A patent agent 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 patent
agents, e-mail address, telephone number, fax number or any other particulars under
sub-section (1) of section 125. On receipt of such application and the fee specified therefor
in the First Schedule for such request for alteration of particulars, the Controller shall cause
the necessary alterations to be made in the register of patent agents.
(2) Every alteration made in the register of patent agents shall be published.
119. Refusal to recognise as patent agent.—If the Controller is of the opinion that any
person should not be recognised as a patent agent in respect of any business under the Act
as provided in sub-section (1) of section 131 thereof, he shall communicate his reasons to
that person and direct him to show cause why he should not refuse to recognise him as
such agent, within such time as he may allow, and after considering the reply, if any, of that
person and giving him an opportunity of being heard, the Controller may pass such orders
as he may deem fit.
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