Section 131 of The Patents Act, 1970
Power of Controller to refuse to deal with certain agents.
- (1)Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act—
- (a)any individual whose name has been removed from, and not restored to, the register;
- (b)any person who has been convicted of an offence under section 123;
- (c)any person, not being registered as a patent agent, who in the opinion of the Controller is 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 by whom he is employed;
- (d)any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm.
- (2)The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India.
Summary
(1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act, (a) any individual whose name has been removed from, and not restored to, the register; (b) any person who has been convicted of an offence under section 123; (c).
Practical examples
FAQ
1. Can the Indian Controller of Patents refuse to work with an agent who has been criminally convicted under the Patents Act?
Yes. Under Section 131 of the Patents Act, 1970, the Controller has the discretionary power to refuse to recognize any person who has been convicted of an offence under Section 123 of the Act, which covers unauthorized practice by unregistered patent agents.
2. Is there any situation where the Controller of Patents is absolutely required to refuse an agent under the Patents Act?
Yes. Under Section 131 of the Patents Act, 1970, the Controller must refuse to recognize any person as an agent if they do not reside in India and do not have a place of business in India.
3. If an individual is removed from the register of patent agents, can their firm still act as a patent agent under the Patents Act?
No, if that individual is a partner or manager. Under Section 131 of the Patents Act, 1970, the Controller can refuse to recognize a company or firm if any person who would be refused individual recognition is acting as a director, manager, or partner in that firm.
4. Can the Controller of Patents refuse to recognize a regular, unregistered employee who only files patent applications for their own employer?
Yes. Under Section 131 of the Patents Act, 1970, the Controller can refuse to recognize an unregistered person if they are engaged mainly in acting as an agent to apply for patents for the benefit of their employer.
Test yourself
1.Under Section 131 of The Patents Act, 1970, which of the following is a ground where the Controller is absolutely required to refuse, rather than having the choice to refuse, to recognize a person as a patent agent?
2.Under Section 131 of The Patents Act, 1970, if a firm applies to act as a patent agent, under what condition can the Controller refuse to recognize the entire firm?
3.Under Section 131 of The Patents Act, 1970, which section's conviction makes a person subject to being refused recognition as a patent agent by the Controller?
4.Under Chapter XXI of The Patents Act, 1970, if the Controller refuses to recognize a foreign company as an agent under Section 131, can an advocate who is not a registered patent agent still represent that foreign company in a hearing before the Controller under Section 132?