CHAPTER XIII

PATENT AGENTS

93. Particulars to be contained in the register of patent agents-- The register of patent agents maintained under section 125 shall contain the name, nationality, address of the principle place of business, addresses of branch offices, if any, the qualifications, and the date of registration of every registered patent agent.

94. Application for registration of patent agents-- (1) Every person desiring to be registered as a patent agent shall make an application in ¹²[Form 23] in duplicate, which shall be filed at the head office of the Patent Office.

2. The applicant shall furnish such other information as may be required by the Controller.

13[ (3) A person desirous to appear in the qualifying examination under rule 95 shall make a request therefor to the Controller.]

94. Particulars of the qualification examination for patent agents--- (1) The qualifying examination referred to in clause (ii) of sub-section (1) of section 126 shall consist of a written test and a viva voce examination.

2. The written test shall consist of the following papers, namely:-

Subject Maximum Marks

Paper I - Patents Act and rules 100

Paper II- Drafting and interpretation of patent

specifications and other documents. 100

(3) The qualifying marks for each written paper and for the viva voce examination, shall be 40 per cent and 60 per cent respectively, and a candidate shall be declared to have passed the examination only if he obtains an aggregate of 50 per cent of the total marks.

¹³[(4) A person who has functioned in the patent office under section 73 for a period of at least 10 years as Examiner or Controller or both shall be deemed to have passed the qualifying examination.]

96. Registration of patent agents-- After a candidate passes the qualifying examination specified to rule 95 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.

97. 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 be made in ¹²[Form 23] in duplicate and shall be accompanied by a statement giving information regarding his practice as patent agent before the 1^st November,1966 and a list of applications in respect of which he has filed complete specifications before the said date.

98. 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 97, 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.

99. Disqualification's for registration as a patent agent-- A person shall not be eligible to be registered as a patent agent, if he----

1. has been adjudged by a competent court to be of unsound mind;
2. is an undischarged insolvent;
3. 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;
4. 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 his behalf, removed the disability.
5. Being a legal practitioner has been guilty of professional misconduct; or
6. Being a chartered accountant, has been guilty of negligence or misconduct.

100. 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.

101. Deletion 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:--

1. from whom a request has been received to that effect; or
2. when he is dead ; or
3. when the Central Government has removed the name of a person under sub-section (1) of section 130; or
4. if he has defaulted in the payment of fees specified in Rule 100, by more than three months after they are due.

(2) The deletion of the name of any person from the register of patent agents shall be notified in the Official Gazette and shall be communicated to the person concerned.

102. Restoration of names 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 ¹²[Form 24] in triplicate within six 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 notified by the Controller in the Official Gazette and communicated to the person concerned.

103. Alteration of names etc. in the register of patent agents.--- (1) A patent agent may apply ²⁴[***] in triplicate for the alteration of his name, address of the principle place of business and branch offices, if any, or the qualifications entered in the register of patent agents. On receipt of such application and the fee specified therefor in the First Schedule, 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 notified in the Official Gazette.

104. Refusal to recognize as patent agent--- If the Controller is of the opinion that any person should not be recognized 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 recognize 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.

105. Publication of the names of patent agents, registered under the Act--- The names and addresses of persons registered as patent agent shall from time to time be published in the Official Gazette, newspapers, trade journals and in such other manner as the Controller may deem fit.

1.Vide Not. No. S.O. 301(E), dated 20-04-1972, published in GOI(E), dated 20-04-1972, p.p 735-805.