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ARTICLE · 07 MAY 2013

Can Advocates Be Patent Agents?

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By its judgment dated March 15, 2013, the Madras High Court ("the Court") held that the amendment made in the year 2005 ("2005 Amendment") to section 126 of the Patents Act, 1970 ("the Act") pertaining to the qualifications for registration as patent agents is unconstitutional.

IndiaIntellectual Property
Jaya Moorjani
Jaya Moorjani
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Introduction

By its judgment dated March 15, 2013, the Madras High Court ("the Court") held that the amendment made in the year 2005 ("2005 Amendment") to section 126 of the Patents Act, 1970 ("the Act") pertaining to the qualifications for registration as patent agents is unconstitutional. This was pursuant to a writ petition1 filed in Madras High Court in 2006. By the 2005 Amendment, the advocates were disqualified to be the patent agents.

In the light of the above judgment given by the Court, all advocates having a science degree can file patent applications for their clients and they do not have to register themselves as patent agent with the patent office. The present bulletin will trace the history of section 126 amendment and discuss the highlights of the writ petition filed before the Madras High Court. Finally we shall examine the impact of the order.

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