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

Meera Nair, whose name is entered in the register of patent agents, files a patent application for her client, Kaveri Pharma Ltd, and appears for it at a hearing before the Controller. Which statement correctly describes her entitlement under the Patents Act, 1970?

A registered patent agent may practise before the Controller and prepare documents and transact business in proceedings before the Controller under the Patents Act, because Section 127 confers both rights on every agent whose name is entered in the register.

  1. AShe may practise before the Controller and prepare documents and transact business in proceedings before the ControllerCorrect
  2. BShe may practise before the Controller but may not prepare any documents for the proceedings
  3. CShe may practise only before the High Court hearing a patent appeal
  4. DShe may practise before the Controller only if the client is a company

Explanation

Section 127 entitles every registered patent agent to practise before the Controller and to prepare all documents, transact all business and discharge other prescribed functions in connection with proceedings before the Controller. The option denying document preparation contradicts clause (b). Nothing limits the right to company clients or to courts.

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