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

Sunil Bhatt, not registered as a patent agent, is in the view of the Controller engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person employing him. What may the Controller do?

The Controller may refuse to recognise him as agent. Section 131(1)(c) gives this discretionary power over an unregistered person who is wholly or mainly engaged in applying for patents for the person employing him.

  1. AMust recognise him as he is employed by the applicant
  2. BMust remove his name from the register of patent agents
  3. CMay refuse to recognise him as agent in respect of business under the ActCorrect
  4. DMay prosecute him under Section 123 automatically

Explanation

Section 131(1)(c) empowers the Controller to refuse to recognise as agent a non-registered person who, in the Controller's opinion, is wholly or mainly engaged in acting as agent in applying for patents for his employer. It is discretionary (may). He is not on the register, so removal is irrelevant, and no automatic prosecution follows.

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