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CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Kabir and Dev run a partnership firm advising on patents. Kabir is a registered patent agent but Dev is not. The firm prepares patent specifications for clients and describes itself as a patent agency. What is the position under section 129(1)?

The firm cannot practise or hold itself out as patent agents. Section 129(1) requires that a person practising in partnership and all his partners be registered. Because Dev is unregistered, Kabir's registration does not suffice, and preparing specifications counts as practice.

  1. AThe firm may practise because one partner is registered
  2. BThe firm may practise only before the Controller, not elsewhere
  3. CThe firm may practise if Dev is a science graduate
  4. DThe firm may not practise or hold itself out as patent agents, since a person in partnership must be registered along with all his partnersCorrect

Explanation

Section 129(1) permits a person in partnership to practise only if he and all his partners are registered. Dev is unregistered, so the firm cannot practise or describe itself as patent agents. Preparing specifications is practice under the Explanation. Graduate status does not substitute for registration.

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