Rule 116 (1) (d) of The Patents (Amendment) Rules, 2016

Earlier:

116. Removal of a name from the register of patent agents

(1) The Controller may delete any Patent agent name from the register of patent agents.

(d) if he has defaulted in the payment of fees specified in rule 115, by more than three months after they are due.

Present:

116. Removal of a Name from the register of patent agents

(1) The Controller may delete from the register of patent agents, the name of any patent agent-

(d) if he has defaulted in the payment of fees specified in rule 115, by more than three months after they are due; or

(e) If he ceases to be a citizen of India.

Provided that except under clause (a) and (b), before removing the name of any person from the register of patent agents under this rule, such person shall be given a reasonable opportunity of being heard.

General Understanding:

Under this rule, the Controller may remove the name of any patent agent from the register of patent agents on the basis of some conditions. Earlier, there were four such conditions:

  • from whom a request has been received to that effect; or
  • when he is dead; or
  • when the Controller has removed the name of a person under sub¬section (1) of section 130; or
  • if he has defaulted in the payment of fees specified in rule 115, by more than three months after they are due.

But after amendment, there is an addition of one more condition and so the clause (d) of sub-rule (1) is substituted now with clause (e) in it. Also, with the new amendment, the person whose name is to be removed is given reasonable opportunity of being heard. There is no ex-parte decision.

Amendments:

The above rule has amended for twice in 2005 and 2016.

by Sonali Srivastava

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