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126. Qualifications for registration as patent agents.—

(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfills the following conditions, namely:—

(a) he is a citizen of India;

(b) he has completed the age of 21 years;

(c) he has obtained a [degree in science, engineering or technology from any university established under law for the time being in force] Subs. by s. 53, ibid., for “degree from any University” (w.e.f. 20-5-2003) in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,—

(i) [Omitted by the Patents (Amendment) Act, 2005]Sub-clause (i) omitted by Act 15 of 2005, s. 67 ( w.e.f. 1-1-2005)

(ii) has passed the qualifying examination prescribed for the purpose; [or] Ins. by Act 38 of 2002, s. 53 (w.e.f. 20-5-2003)

[(iii) has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity at the time of making the application for registration;] Subs. by Act 38 of 2002, s. 53, for sub-section (2) (w.e.f. 20-5-2003).

(d) he has paid such fee as may be prescribed.

[(2) Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of [the Patents (Amendment) Act, 2005] Subs. by Act 15 of 2005, s. 67, for “the Patents (Amendment) Act, 2002 (38 of 2002)” (w.e.f. 1-1-2005) shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fees as may be prescribed.] Subs. by Act 38 of 2002, s. 53, for sub-section (2) (w.e.f. 20-5-2003).