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

Nirmal Tech, Chennai, uses a patent agent, Ms Rao, whose name is entered in the register of patent agents, for its patent matters. Which task falls within the rights of a registered patent agent under the Patents Act, 1970?

A registered patent agent is entitled to practise before the Controller and to prepare all documents and transact business in connection with proceedings before the Controller under the Patents Act, 1970, as provided in section 127. It does not cover court suits or trade mark registration.

  1. APractising before the Controller and preparing documents for proceedings before the ControllerCorrect
  2. BAppearing as advocate in a civil suit for patent infringement before a High Court
  3. CGranting a patent on behalf of the Controller
  4. DRegistering a trade mark before the Registrar of Trade Marks

Explanation

Section 127 entitles a registered patent agent to practise before the Controller and to prepare documents and transact business in connection with proceedings before the Controller under the Act. It does not extend to conducting infringement suits in courts, granting patents, or trade mark registration under a different statute.

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