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

Meera Iyer, a non-registered consultant, only gives clients advice of a purely scientific or technical nature on how a competitor's product works. She does not file applications or advise on validity or infringement. Based on the Explanation to section 129, is she practising as a patent agent?

Meera is not practising as a patent agent. The Explanation to section 129 covers advice on validity or infringement only when it is other than of a scientific or technical nature. Purely scientific or technical advice falls outside the listed acts of practice.

  1. AYes, because any advice relating to patents is practice
  2. BYes, because she is not registered and gives advice
  3. CNo, because advice of a scientific or technical nature is outside the listed acts of practiceCorrect
  4. DNo, because only applying for patents outside India counts as practice

Explanation

The Explanation lists applying for or obtaining patents, preparing specifications or documents, and giving advice other than of a scientific or technical nature on validity or infringement. Purely scientific or technical advice is excluded, so Meera is not practising as a patent agent. Applying for patents in India also counts, so the last option is wrong.

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