Office of the Controller General of Patents, Designs & Trade Marks, Mumbai has issued a public notice reiterating that only authorized Patent Agents are entitled to represent their clients in respective matters before the Controller of Patents. This notice was issued on 26th December, 2022.
The notice states that some persons, who are neither patent agents nor authorized by the applicant or the party concerned, are also taking part in proceedings before the Controller of Patents and making communications with the Controller. Generally, these persons are either employees of patent agents or law firm where the patent agents work.
Hence it has been warned that appropriate action will be initiated against the concerned person and the patent agent or law firm who have employed that person, if it is found that the person has acted on the direction of the Patent Agent or Law Firm.
It is also clarified that an Advocate, not being a patent agent, can take part in any hearing/ proceeding before the Controller. However, the Advocate must be duly authorized by the applicant or the party concerned by filing Form 26 in his favour. The Advocate must also necessarily be accompanied by the applicant or the party concerned.
