Patent Sections

Section 126 – Qualifications for Registration as Patent Agents

A person shall be qualified to have his name entered in the register of patent agents if

he is a citizen of India, and

he has completed the age of 21 years, and

has obtained a degree in engineering or technology or science from any university recognised in the territory of India and possesses such other equivalent qualifications the Central Government may prescribe from time to time in addition;

If the person

has passed the qualifying examination prescribed for the purpose (patent agent examination); or

has, for a total period of not less than 10 years, functioned as an examiner or as a Controller or both, but ceased to hold any such capacity at the time of making the application for registration;

has paid such fee as prescribed.

A person who has been registered as a Patent Agent before the Commencement of Patents Amendment Act, 2005 shall still continue and whenever required re-register himself as a patent agent up on payment of such fee prescribed.

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