Patent Agents

Intellectual property Rights | Patent Agents

Intellectual property Rights Patent Agents are those who are specially qualified in the science and technology in representing the clients for obtaining the patents and various other IP's. They offer service to the clients in drafting, search, patent mapping, landscaping etc apart from legal. They don't have the law background for dealing with the legal matters.

In patent office a register called as register of patent agents is maintained which includes names, addresses nationality, and other relevant particulars, of patent agents.  They maintain the register of patent agents' details in computer floppies, diskettes or in any other electronic form which will be maintained in each patent office. If there is any alteration in the name, address of patent agent, then the patent agent shall apply for alteration by paying respective fee in the patent office. Every alteration made in the register of patent agents shall be published.

To become a patent agent one should satisfy the following requirements namely he shall be a citizen of India, he has completed the age of 21 years, he has obtained a degree in science, engineering or technology from any university, and fees payment as required by the patent office. He should apply for form 22 to become a patent agent.

Patent agent examination consists of written test and viva-voice examination. Written test includes paper I, II and viva-voice for each 100. The qualifying marks for each written paper and for the viva- voice examination shall be fifty per cent, each, of total marks and a candidate shall be declared to have passed the examination only if he obtains an aggregate of sixty per cent, of the total marks. After he passed the examination and his name will be registered in the register of patent agents and controller may issue a certificate of registration as a patent agent. Patent agent should pay respective fee prescribed in the first schedule to maintain his name in the register of patent agents.

When the person loss his original patent agent certificate then The Controller may issue a duplicate certificate of registration as patent agent on a request made by the person along with fee specified in the First Schedule.A person shall not be eligible to be registered as a patent agent, if he has been punished by the court, or he has not obtained a certificate from the court for not doing misconduct on his part etc.

The Controller may delete from the register of patent agents, for the following conditions namely when he is dead; or when the Controller has removed the name of a person for his imprisonment in court or if he has defaulted in the payment of fees or more than three months after they are due. The removal of the name of any person from the register of patent agents shall be published and communicated to the person concerned.