Section 126 of The Patents Act, 1970, PA : Section 126: Qualifications For Registration As Patent Agents

The Patents Act, 1970, PA

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Explanation using Example

Imagine a scenario where Mr. Sharma, a citizen of India and a graduate in Mechanical Engineering from a recognized University, is 25 years old and has been working as a patent examiner for 10 years. He decides to become a patent agent. According to Section 126 of The Patents Act, 1970, he qualifies for registration as a patent agent because:

  • (a) He is a citizen of India;
  • (b) He is over 21 years old;
  • (c) He has a degree in engineering and has either passed the qualifying examination or has worked for at least 10 years as an examiner;
  • (d) He is ready to pay the prescribed fee.

On the other hand, Mr. Gupta, who was registered as a patent agent before the commencement of the Patents (Amendment) Act, 2005, can continue to be a patent agent or get re-registered by paying the prescribed fee, as per sub-section (2) of Section 126.