CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Patents
Ravi Enterprises Pvt Ltd, a company, advertises itself as 'patent agents' and prepares specifications for filing patent applications for clients, although all its directors are individually registered patent agents. Under section 129 of the Patents Act, 1970, what is the position?
It is prohibited. Section 129(2) says no company or other body corporate may practise, describe itself or hold itself out as patent agents, and preparing specifications counts as practice. The directors' individual registration does not make the company eligible.
- APermitted, because all directors are registered patent agents
- BPermitted, provided the company pays a prescribed fee to the Controller
- CProhibited, because no company or body corporate may practise or hold itself out as patent agentsCorrect
- DProhibited only for preparing specifications, not for advertising
Explanation
Section 129(2) bars any company or other body corporate from practising, describing itself or holding itself out as patent agents. Preparing specifications is practising as a patent agent under the Explanation. Registration of the directors does not cure this, so the first option fails.
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