Eligibility for Patent Agent
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Eligibility for Patent Agent

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Patent agent is a person who is registered to practice before Indian patent office is called as “patent agent “. Legal background is not necessary for patent agent except patent attorney. He has the power to practice before the controller. He has the responsibilities to prepare all documents, transact all business and discharge such other functions as may be prescribed under the patent act except prosecution.

The eligibility for patent agent is he/she shall be a citizen of India having completed the age of twenty one years, possessing a degree in Science, Engineering or Technology form any University established under law for the time being in force in the territory of India or possessing such other equivalent qualification as the specified by the Central Government. He/she has a total period of not less than ten years functioned either as an examiner or discharged the functions of the controller or both but stopped to hold any such capacity at the time of making the application for registration.

The prescribed fee of Rs.1,000/- shall be payed through the demand draft in the name of "Controller of patents" payable at Mumbai. The demand draft shall be sent to Controller General of Patents, Designs and Trademark, Government of India. The patent agent qualifying examination consists of the paper I (patent act and rules), paper II (drafting and interpretation of patent specification and other documents) and viva voce.

The eligibility for patent agent qualifying marks for each written paper and for the viva voice examination should be 50% of total marks and a candidate shall be declared to have passed the examination is an aggregate of 60% of total marks. The patent agent examination centre will be Chennai, Mumbai, New Delhi and Kolkata. A registered patent agent is an authorized to practice the patent law. Advocates, law graduates, PG diploma, post graduates, graduates in IPR, mere graduates are not allowed to practice before the Indian patent office. They can practice when they certified as patent agents. Currently there are 1626 registered patent agents in India as of July 5, 2010. Indian patent office conducts a patent agent examination once in a year and earlier it was twice in a year.

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