Convention applications (1) Without prejudice to the provisions contained in section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the “basic application”), and that person or the legal representative or assignee of that person makes an application under this […]
Category Archives: India Patents Act and Patent Rules
India-Patents-Section 134
Notification as to countries not providing for reciprocity Where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, […]
India-Patents-Section 133
CHAPTER XXII INTERNATIONAL ARRANGEMENTS Convention countries Any country, which is a signatory or party or a group of countries, union of countries or intergovernmental organisations which are signatories or parties to an international, regional or bi-lateral treaty, convention or arrangement to which India is also a signatory or party and which affords to the […]
India-Patents-Section 132
Savings in respect of other persons authorised to act as agents Nothing in the Chapter shall be deemed to prohibit— the applicant for a patent from drafting any specification or appearing or acting before the Controller, or an advocate, not being a patent agent, from taking part in any hearing before the Controller on behalf […]
India-Patents-Section 131
Power of Controller to refuse to deal with certain agents (1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act— any individual whose name has been removed from, and not restored to, the register; any person who has been convicted […]
India-Patents-Section 130
Removal from register of patent agents and restoration (1) The Controller may remove the name of any person from the register when he is satisfied, after giving that person a reasonable opportunity of being heard and after such further inquiry, if any, as he thinks fit to make— (i) that his name has been entered […]
India-Patents-Section 129
Restrictions on practice as patent agents (1) No person, either alone or in partnership with any other person, shall practise, describe or hold himself out as a patent agent, or permit himself to be so described or held out, unless he is registered as a patent agent or, as the case may be, unless he […]
India-Patents-Section 128
Subscription and verification of certain documents by patent agents (1) all applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned. Provided that if such person is absent from India, they may be signed and verified on his behalf […]
India-Patents-Section 127
Rights of patent agents Subject to the provisions contained in this Act and in any rules made thereunder, every patent agent whose name is entered in the register shall be entitled:- to practice before the Controller; and to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection […]
India-Patents-Section 126
Qualifications for registration as patent agents (1) A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:- he is a citizen of India; he has completed the age of 21 years; he has obtained a degree in science, engineering or technology from […]