SpicyIP Tidbit: Controller General restores name of OCI ‘Patent Agent’ to Patent Agent Register

Dual citizenship in India, which was recognized, only a few years ago by Indian law, is giving rise to some very interesting legal issues before Indian courts. One such issue was whether Indian Patent Agents, who accepted citizenship of other countries, while retaining the status of ‘Overseas Citizen of India’, could continue to be recognized as registered Indian Patent Agents.

In October last year, we had blogged about a judgment of the Karnataka High Court, where the Court had quashed an order by the former Controller General of the Patent Office removing the name of Mr. Naren Thappeta from the patent agent register because he had accepted U.S. Citizenship and moved to the status of an ‘Overseas Citizen of India’. The reason given for his removal was that he was no longer an Indian citizen. Section 126 of the Patent Act, requires Indian citizenship as a requirement for qualifying as an Indian patent agent. The Patent Office had interpreted this qualifying requirement as a being essential to remain a patent agent on the register. At the time the High Court has set aside the order on the grounds that the former Controller General had not considered several arguments put forth by the petitioner. It thus remanded the case to the Patent Office for a fresh consideration of all the arguments. 

On remand, the Controller General accepted Thappeta’s argument that as per the Patent Act, 1970, Indian citizenship was a requirement only for qualifying as a patent agent and that the Act did not state that a patent agent could be removed from the Register for accepting the citizenship of another country. Thus, in an order dated March 25, 2013, the Controller General ordered the restoration of Thappeta’s name to the Patent Agent Register. The Order can be accessed over here.