Madras High Court strikes down amendment to S.126 Patent Act; Says lawyers permitted to appear as Patent Agents as a matter of right

Anuj A April 12 2013

Justice S. Tamilvalan of the Madras High Court recently declared the amendment to Section 126 of the Patent Act, 1970 as unconstitutional. The judgment says that advocates, by virtue of possessing a law degree from a recognized university, have a right to file, appear and undertake all responsibilities of a patent agent.

The judgment, dated March 15, 2013, relates to an amendment introduced via Section 67 (a) of the Patents (Amendment) Act of 2005. Prior to the amendment, two categories of individuals could act as patent agents – the first . . .

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