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

Ramesh Iyer, a Chennai resident with no patent agent registration, wants to run a business describing himself as a 'patent agent' and filing patent applications for clients. Under the Patents Act, 1970, what is the legal position?

An unregistered person cannot practise or hold himself out as a patent agent. Practice includes applying for or obtaining patents in India or elsewhere, so Ramesh must first be registered; client authority or a general degree does not remove this restriction.

  1. AHe may do so if he holds any university degree, because registration is optional
  2. BHe may do so if he has a written authority from each client, even without registration
  3. CHe may not practise or hold himself out as a patent agent unless he is registered as oneCorrect
  4. DHe may do so for Indian applications only, as registration is needed only for foreign patents

Explanation

The Act bars any person from practising, describing or holding himself out as a patent agent unless registered. Practice expressly includes applying for or obtaining patents in India or elsewhere. Written authority from clients only lets a registered patent agent sign communications; it does not substitute for registration.

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