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Start Free TrialPatents Act, 1970 (39 of 1970) Chapter XXI
Title: Patent Agents
State: Central
Year: 1970
.....transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act. Section 128 - Subscription and verification of certain documents by patent agents (1)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. 2[***] ________________________ 1. Words "Subject to the provisions contained in sub-section (2) and to any rules made under this Act" omitted by Patents (Amendment Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 2. Sub-section(2) omitted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under: "(2) The following documents, namely:- (i) applications for patents; (ii) applications for the restoration of lapsed patents; (iii) applications for the sealing of patents after the time allowed for that purpose by or under sub-section (2), or sub-section (3) of section 43 had expired. (iv) applications for leave to amend; (v) applications for compulsory licences or for revocation; and (vi) notices of surrender of.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 126
Title: Qualifications for Registration as Patent Agents
State: Central
Year: 1970
.....(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
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 125
Title: Register of Patent Agents
State: Central
Year: 1970
1[125. Register of patent agents (1) The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126. (2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.] ________________________ 1. Substituted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under: "125 Register of patent agent.- The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names and addresses of all persons qualified to their names so entered under section 126."
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 129
Title: Restrictions on Practice as Patent Agents
State: Central
Year: 1970
(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 and all his partners are so registered. (2) No company or other body corporate shall practise, describe itself or hold itself out as patent agents or permit itself to be so described or held out. Explanation. For the purposes of this section, practise as a patent agent includes any of the following acts, namely: (a) applying for or obtaining patents in India or elsewhere; (b) preparing specifications or other documents for the purposes of this Act or of the patent law of any other country; (c) giving advice other than of a scientific or technical nature as to the validity of patents or their infringement.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 128
Title: Subscription and Verification of Certain Documents by Patent Agents
State: Central
Year: 1970
.....Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 2. Sub-section(2) omitted by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to omission it read as under: "(2) The following documents, namely:- (i) applications for patents; (ii) applications for the restoration of lapsed patents; (iii) applications for the sealing of patents after the time allowed for that purpose by or under sub-section (2), or sub-section (3) of section 43 had expired. (iv) applications for leave to amend; (v) applications for compulsory licences or for revocation; and (vi) notices of surrender of patents, shall be signed and verified in the manner prescribed by the person making such applications or giving such notices; Provided that if such person is absent from India, they may be signed and verified on his behalf by a patent agent authorised by him in writing in that behalf."
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 127
Title: Rights of Patent Agents
State: Central
Year: 1970
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 (a) to practice before the Controller; and (b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Complete Act
Title: Patents Act, 1970 (39 of 1970)
State: Central
Year: 1970
..... Section153 - Information relating to patents Section154 - Loss or destruction of patents Section155 - Reports of Controller to be placed before Parliament Section156 - Patent to bind Government Section157 - Right of Government to sell or use forfeited articles Section157A - Protection of security of India Section158 - Power of High Courts to make rules Section159 - Power of Central Government to make rules Section160 - Rules to be placed before Parliament Section161 - [Omitted] Section162 - Repeal of Act 2 of 1911 in so far as it relates to patents and savings Section163 - [Omitted] Schedule1 - THE SCHEDULE Amending ActI - AMENDMENT ACT Amending ActII - AMENDMENT ACT
List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 132
Title: Savings in Respect of Other Persons Authorised to Act as Agents
State: Central
Year: 1970
Nothing in the Chapter shall be deemed to prohibit- (a) the applicant for a patent1[***] from drafting any specification or appearing or acting before the Controller, or (b)an advocate, not being a patent agent, from taking part in any2[hearing before the Controller on behalf of a party who is taking part in any proceeding under this Act] ________________________ 1. Words "or any person, not being a patent agent, who is duly authorised by the applicant" by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 2. Substituted for "proceedings under this Act otherwise than by way of drafting any specification." by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 131
Title: Power of Controller to Refuse to Deal with Certain Agents
State: Central
Year: 1970
(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 (a) and individual whose name has been removed from, had not restored to, the register; (b) any person who has been convicted of an offence under section 123; (c) any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for benefit of the person by whom he is employed; (d) any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm. (2) The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 123
Title: Practice by Non-registered Patent Agents
State: Central
Year: 1970
If any person contravenes the provisions of section 129, he shall be punishable with fine which may extend to1[one lakh rupees in the case of a first offence and five lakh rupees] in the case of a second or subsequent offence. __________________________ 1. Substituted by Patents (Amdt) Act, 2005 (15 of 2005) for the words: *[ten thousand rupees] in the case of a first offence and **[forty thousand rupees] __________________________ * Substituted for "five hundred rupees" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. ** Substituted for "two thousand rupees" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
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