Patents Act, 1970 (39 of 1970) Section 126 - Bare Act

(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:-

(a) he is a citizen of India;

(b) he has completed the age of 21 years;

(c) he has obtained a¹[degree in science, engineering or technology from any University established under law for the time being in force] in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,-

(i)²[Omitted]

(ii) has passed the qualifying examination prescribed for the purpose;³[or]

³[(iii) has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity at the time of making the application for registration;]

(d) he has paid such fee as may be prescribed.

⁴[(2) Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of⁵[the Patents (Amendment) Act, 2004] shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fee as may be prescribed.]

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1. Substituted for "degree from any university" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

2. Omitted by Patents Amendment Act, (15 of 2005). Prior to omission: (i) is an advocate within the meaning of the Advocates Act, 1961 (25 of 1961); or

3. Inserted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

4. Substituted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under:

"(2) Notwithstanding anything contained in sub-section (1), a person who has been practising as a patent agent before the 1st day of November, 1966 and has filed not less than five complete specifications before the said day, shall, on payment of prescribed fee, be qualified to have his name entered in the register of patent agents."

5. Substituted by Patents Amendment Act, (15 of 2005) for the words: the Patents (Amendment) Act, 2002