Section 131 of The Patents Act, 1970, PA : Section 131: Power Of Controller To Refuse To Deal With Certain Agents

The Patents Act, 1970, PA

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Explanation using Example

Consider a scenario where Mr. Sharma, a resident of India, had his name removed from the register of patent agents due to misconduct. Now, he wishes to act as an agent for Mr. Verma, who wants to file a patent application. As per Section 131(1)(a) of The Patents Act, 1970, the Controller may refuse to recognise Mr. Sharma as an agent because his name has not been restored to the register.

In another situation, let's consider a company 'ABC Innovations' which is engaged in patent filing business. One of their directors, Mr. Gupta, has been convicted of an offence under section 123 of the Act. As per Section 131(1)(d), the Controller may refuse to recognise 'ABC Innovations' as an agent because Mr. Gupta, a person who could be refused recognition as an agent, is acting as a director in the company.

Lastly, consider Mr. Anderson, a resident of the USA, who wants to act as a patent agent for his Indian clients. However, he neither resides nor has a place of business in India. According to Section 131(2), the Controller shall refuse to recognise Mr. Anderson as an agent since he does not meet the residency or business location requirements in India.

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