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

Rahul Verma, a resident of Dubai with no residence or place of business in India, wants to act as agent for a Mumbai inventor in prosecuting a patent application before the Indian Controller. What is the position under the Patents Act, 1970?

The Controller must refuse to recognise him, because the Act makes refusal mandatory for any person who neither resides nor has a place of business in India. The inventor's consent or a foreign licence does not override this rule.

  1. AThe Controller may, at discretion, refuse to recognise him as agent
  2. BThe Controller must refuse to recognise him as agentCorrect
  3. CThe Controller must recognise him if the inventor consents
  4. DThe Controller must recognise him if he holds a foreign patent agent licence

Explanation

Section 131(2) says the Controller shall refuse to recognise as agent any person who neither resides nor has a place of business in India. This is mandatory, unlike the discretionary grounds in Section 131(1). Consent or foreign licence does not change this.

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