Author: Ayushi Ranade
Elaboration as to what is meant by the term Patent Agent
Patent operator as characterized under Section 2(n) of the India Patent Act, 1970 is an individual who is enrolled under the patent go about as a patent specialist. The definition under the demonstration characterizes concerning who is a patent operator. So as to comprehend the significance of the term ‘Patent specialist’ in basic terms, it tends to be characterized as ‘an individual who records the patent application’ the procedure associated with the arrangement of a patent application is dealt with by the patent operator. That is, he helps in the planning of the records, including drafting; documenting and indictment of an application before the controller for the benefit of any individual who wishes to get a patent
To complete the said system, such a Patent specialist ought to be enrolled to rehearse by presenting an application under Form 22 as determined under the Patent Rules, 2003 preceding the Indian Patent Office. From that, the ess supply of the application, the subtleties of the enrolled patent specialists is included in the patent register kept up by the Controller. The register will remember for it, all the data that is, the name, address, and other important points of interest identified with the individual enlisting himself as a patent specialist as per the Patent Rules.
Part XXI of the Indian Patent Act, 1970 alongside Chapter of the Indian Patent Rules, 2003 talks about Patent Agents.
Capability required for being a patent operator
For an individual to fit the bill to get his name enlisted in the Patent register he will meet the criteria indicated under Section 126 of the demonstration. According to which, the capabilities required to be a patent operator are as per the following:
- He ought to be a resident of India;
- Ought to have finished 21 years old;
- He ought to have finished a degree in either Science, Engineering or Technology from any college set up under law for now in power in the domain of India or ought to have such other comparable capabilities as determined by the Central Government; in such manner, last year understudies can likewise apply as long as they can deliver their degree authentication with all the imprints card inside 2 months from the date of declaration of patent specialist assessment results.
- He ought to have either breezed through the passing assessment endorsed for the reason or ought to have worked either as an analyst or released the elements of the Controller under area 73 or both, for an all-out period at the very least 10 years gave that, at time of making the application for enlistment he has stopped to hold any such limit;
- He ought to have paid the endorsed expenses.
Before the 2005 change to the demonstration, alongside holding a degree indicated in one of the field referenced under statement (c), the individual ought to likewise have had a degree in law. This necessity was evacuated through the 2005 correction.
Methodology for enrolling as a Patent Agent
Rule 109, 110, and 111 of the Rules gives the methodology to turn into a patent operator. Right now, an individual planning to enlist as a patent operator will conform to the accompanying technique:
i. Application for assessment
An individual will make a solicitation to the Controller and pay the imperative charge as given in the First Schedule, according to which in the event that the individual expects to apply on the web, at that point he will pay a measure of Rupees 3,200 and if there should arise an occurrence of the disconnected method of use installment of Rest. 3500 is endorsed. In the wake of making the installment, the subtleties of the said installment will be given to the Controller, so as to show up for the necessary passing assessment.
Right now demand is made as a letter routed to the Controller and is submitted at closest patent office alongside other required archives, for example, age confirmation, citizenship evidence, Character Certificate alongside Self-bore witness to duplicate of verification of degree according to segment 126(1)(c) are to be given. All the subtleties comparable to the equivalent are given under www.ipindia.nic.in. The expenses for the assessment will be paid simply after the declaration of the assessment on the site of the Office of Controller General of Patents, Ministry of trade and industry, nd inside the period indicated in the declaration. There is no limitation with respect to the occasions one can apply for the assessment, in this manner; one can apply for assessment the same number of times as he wishes.
ii. Points of interest of assessment
Just an individual gathering the capability gave under Section 126 of the Act will apply for the patent assessment. The candidate should choose the focal point of his accommodation to compose the test. The assessment is typically directed in 5 urban areas that is, Mumbai, Delhi, Nagpur, Chennai,and Kolkata. The Indian patent assessment is led once consistently. The assessment will comprise of:
- A composed test considered as the passing test, which will be directed by the workplace of the Controller. It contains Paper I and Paper II for 100 denote each. The Paper I will have both Objective and Descriptive sort questions. The imprints division corresponding
to the equivalent fluctuates every year. The principal paper depends on the Patent Act and Rules while the subsequent paper is increasingly pragmatic in nature identifying with the drafting, understanding of patent details, and other clear inquiries. An up-and-comer is required to score at least 50 stamps in each paper to breeze through the assessment. Along these lines, to qualify, the individual ought to be careful with the demonstrations, rules, practice, and techniques of licensing. The timespan conceded to finish the paper differs each year.
A viva voce is led for 50 imprints. The inquiries that are commonly posed depend on the information about the field. For an individual to qualify as a patent operator he should make sure about a general 60% total of the absolute imprints. That is out of the absolute 250 imprints he/she ought to so as to meet all requirements to make sure about a total of 150 imprints or more. The correction comparable to the scores requires to be qualified were made after 2012, Delhi Highcourt choice on account of, Anvitha Singh v. Association of India wherein the standard recommending a base 50 percent checks in the viva-voce part of the patent specialist assessment was struck down in this way giving less weight to it.
The consequence of the assessment is generally reported following two months in the wake of directing the assessment. The outcomes are declared on the service site of the Office of Controller General of Patents. The examples of the earlier year question papers comparable to the patent assessment is made accessible on the site referenced previously. The notice identified with the test is normally given 2 months preceding the date of the test on their site.
iii. Enrollment for patent agent
The individual will initially present a Form 22 application gave under the guidelines. He will likewise outfit with it some other data as required by the controller. After an individual has cleared the test and outfitted some other important and applicable subtleties required by the controller, for example, age evidence, citizenship verification, character authentication in unique by newspaper official alongside self-bore witness to duplicate of confirmation of degree, concede card marked by the up-and-comer alongside invigilator’s mark, identification size photo alongside example signature. He will then as per Rule 111, pay the expenses as indicated under the First Schedule and present the receipt of the equivalent to the controller. The controller will after checking the equivalent, enter the applicant’s name in the register of Patent specialists and issue an authentication of enrollment as a patent operator to the up-and-comer. The declaration so gave is legitimate just inside India that is, it is perceived uniquely by the Indian Patent office and by Patent Cooperation Treaty.
Register of Patent Agents
The register of Patent operators will be kept up by the Controller as per Section 125 of the Act read with Rule 108 of the Rules. The specifics to be contained in the register include:
- Address of the chief spot of business and the addresses of branch workplaces
- Capability and the date of enrollment of each patent specialist
- Subtleties of their recharging of enrollment and whatever other specifics which the Controller considers fit and is required are to be incorporated. The charge must be paid toward the finish of each money related year to proceed with the enrollment. The date for a charge for continuation is commonly considered from the date of enlistment as a patent specialist. Notice is given on the official site each year giving insights regarding the method of installation of the charges endorsed and different subtleties including the helpline number to approach if there should arise an occurrence of issues as to installment of expenses or any such other procedural issues. That is the enrollment is reestablished each year after the main enlistment. In any case, at the hour of first enrollment, the individuals can pay the charge for the continuation of enlistment for the next 1 year at the hour of enrollment.
- Example marks and photos of the people enrolled as patent operators
Further, the duplicate of the Register of patent operators is to be kept up in each branch office. Likewise, such subtleties can be kept up by the Controller in PC floppies, diskettes or some other electronic structure subject to such protects as might be recommended right now. That is, it will be, got to just by the individual who is properly approved by the Controller and no passage or change of any section or correction of any passage in the said register will be made by any individual who isn’t so approved by the Controller.
Job of Patent Agent
Each patent operator whose name is entered in the register is qualified for the accompanying rights according to Section 127 read with Section 129 of the demonstration:
- To practice before the controller;
- Applying for or obtaining patents in India or elsewhere; preparing specifications or other documents for the purposes of the Act or of the patent law of any other country; giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.
- To prepare all documents, transact all business and discharge any other function as prescribed under the provisions of the act, in relation to, any proceeding before the Controller.
There are two main restrictions imposed under Section 129 of the act, on a patent agent. They are:
- He shall not without registering himself as a patent agent, that is unless he and all his partners are so registered as patent agents, cannot either alone or in partnership with any other patent agent or person practice, describe or hold himself as a patent agent or permit himself to be described so or held out.
- Also, no company or other body corporate shall practice, describe itself or hold itself out as patent agents or permit itself to be so described or held out
Further, as per Rule 123, if any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to one lakh rupees in the case of a first offence and five lakh rupees in the case of a second or subsequent offence. Further ipindia.nic.in is a government of India initiative where one can check about the job vacancy related to patent agents.
Grounds for disqualification of patent agent
Rule 114 of the Rules provides the grounds for disqualification for registration as a patent agent, which are as follows:
- If he is declared by a competent court to be of unsound mind
- If he is an undercharged insolvent
- In case of a discharged Insolvent, he has failed to obtain from the court a certificate to the effect that his insolvency was caused by misfortune and not due to any misconduct on his part
- If he is convicted by any court whether within or outside India to undergo a term of imprisonment unless,
- He is pardoned for the offence committed
- On an application made by him, the Central Government has, by order in this behalf, removed the disability;
- If being a legal practitioner he is found guilty of professional misconduct; or
- If being a chartered accountant, he has been guilty of negligence or misconduct. In all such cases, he shall be disqualified from being registered.