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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Mr. Verma served as a patent examiner for 6 years and discharged the Controller's functions under section 73 for 4 years, and has since ceased to hold either capacity. He is an Indian citizen aged 55 with a science degree and has paid the fee. Can he be registered as a patent agent without passing the qualifying examination?

Yes. The Act allows a person who has functioned for a total of at least ten years as examiner or in Controller functions under section 73, or both, and has ceased to hold such capacity, to qualify without the examination. Mr. Verma's 6 plus 4 years meets this.

  1. ANo, the qualifying examination is compulsory for everyone
  2. BYes, because his combined service as examiner and in Controller functions totals ten yearsCorrect
  3. CNo, because the ten years must be served wholly as an examiner
  4. DYes, but only if he is still holding office at the time of application

Explanation

The alternative route requires a total period of not less than ten years functioning as an examiner or discharging Controller functions under section 73, or both, and having ceased to hold such capacity when applying. Six plus four equals ten years, and he has ceased to hold office. Hence the examination is not needed.

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