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Patent Agent

A patent agent is a link between the patent office and an applicant. A patent agent facilitates work at the patent office representing an applicant elating to grant a patent. All the prosecution related works are handled by a patent agent. A patent agent is authorized to do certain acts in exclusion of others and to practice before the Controller on the behalf of the applicant or an inventor.

Patent Agent India

Patent agents are registered under section 125 of the Indian Patent Act. Section 126 of the patents act provides that a person should be a citizen of India, should hold a degree in science, technology and engineering, qualified the exam conducted by patent office and attained a minimum age of 21 years. Or a person should have worked as examiner or discharged functions of Controller for not less than ten years and has paid such fee as prescribed.

Subject to the rights given under Section 127 and 128 of the Indian Patent Act, a patent agent can perform the following tasks :
  • To practice before the Controller
  • Prepare all documents and transact all business
  • Discharge such other functions in connection with any proceeding before the Controller under the Act
  • Signing of all the applications and communications to the Controller on behalf of persons on authorization

No person either alone or with partnership of other person shall practice as Patent Agent. Describing or representing himself out as a Patent Agent unless registered is a punishable act. Therefore, a company or other body corporate cannot practice or describe itself as a Patent Agent.

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