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CS Professional · Intellectual Property Rights - Law and Practice · Business Concerns in Commercializing Intellectual Property Rights

Ananya, a Bengaluru inventor, wants someone to prepare her patent documents and appear for her before the Controller. She engages Deepak, whose name is entered in the register of patent agents. Which statement is correct under the Patents Act, 1970?

Deepak, being a registered patent agent, is entitled to practise before the Controller and to prepare documents and transact business in connection with proceedings under the Patents Act, subject to the Act and the rules. This supports commercializing inventions through professional filing support.

  1. ADeepak may practise before the Controller and prepare documents and transact business in connection with proceedings under the Act, subject to the Act and rulesCorrect
  2. BDeepak may practise only before the High Court, not before the Controller
  3. CDeepak may act only if Ananya is a foreign applicant
  4. DDeepak may appear before the Controller but cannot prepare any documents

Explanation

Section 127 entitles every patent agent whose name is on the register to practise before the Controller and to prepare documents, transact business and discharge prescribed functions in connection with proceedings before the Controller, subject to the Act and rules. The other options restrict or distort this right.

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