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

Sundaram Innovations Pvt Ltd, a company, advertises itself as 'registered patent agents' and offers to file patent applications for clients. Its directors are all individually registered patent agents. Under the Patents Act, 1970, what is the legal position?

The company contravenes section 129(2). A company or other body corporate cannot practise, describe itself or hold itself out as patent agents, even if all its directors are individually registered. The partnership condition in section 129(1) does not extend to companies.

  1. AThe company may do so because every director is a registered patent agent
  2. BThe company may do so if at least one partner is registered
  3. CThe company contravenes section 129(2), as a company or body corporate cannot practise or hold itself out as patent agentsCorrect
  4. DThe company contravenes the Act only if it has already been fined once before

Explanation

Section 129(2) provides that no company or other body corporate shall practise, describe itself or hold itself out as patent agents. The registration of directors does not change this. The partners rule in section 129(1) applies to partnerships of persons, not companies. A prior fine matters only for the higher penalty under section 123.

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