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CS Professional · Intellectual Property Rights - Law and Practice · Indian Patent Law and its Developments

Ravi Menon, a science graduate who is not on the register of patent agents, puts up a signboard reading 'Menon Patent Agents' and starts filing patent applications for clients in India. Which provision of the Patents Act, 1970 does he contravene?

Ravi breaches section 129, which prohibits anyone from practising or holding himself out as a patent agent unless registered. Filing patent applications and using a 'Patent Agents' signboard both count, so section 129(1) applies, not the provisions on the register or on publication.

  1. AThe restriction on practice as a patent agent by a person who is not registered, under section 129Correct
  2. BThe restriction on publication of specifications before the prescribed period, under section 143
  3. CThe requirement that the Controller maintain the register of patent agents, under section 125
  4. DThe right of a registered patent agent to practise before the Controller, under section 127

Explanation

Section 129(1) bars any person from practising, describing or holding himself out as a patent agent unless registered. Applying for patents is expressly practice as a patent agent. Section 127 only confers rights on registered agents, and sections 125 and 143 deal with other matters, so they are not what Ravi breaches.

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