Intellectual Property Office – Clarification on Notice on Appearance of Patent Agents and Advocates
Intellectual Property Office (India) have come up with clarifications on Notice on Appearance of Patent Agents and Advocates to its earlier notice dated 26 December, 2022. That earlier notice was regarding unauthorized persons appearing in the patent proceedings who are not Patent Agents nor authorized by the applicant to appear. This was in terms of Section 128 of the Patents Act, 1970.
However, it was not cleared whether Advocates (who are not patent agents) can participate in the patent proceeding / hearing before the Controller of Patents . This attracted some grievances from Advocates who are not patent agents but are authorized by the Applicant to appear in patent proceedings.
Thus to eliminate any misinterpretation of the notice dated 26.12.2022, CGPDTM came up with another Notice dated 16th January, 2023 clarifying that Advocates who are not patent agents but are duly authorized by the patent applicant can participate in patent proceeding/ hearing before the Controller of Patents .
Notice dated 16 January, 2023 – Link
Notice dated 26 December, 2022- Link
Article by Swarupa Ghosh Law Chamber – Advocates- Solicitors-Patent & Trademark Attorney