1. This writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Declaration, to declare the amendment introduced to Section 126 of the Patent Act, 1970 by Section 67 (a) of the Patents (Amendment) Act, 2005 (Act 15 of 2005) as illegal, unconstitutional, ultra vires and void.

2. The petitioner, who appeared party-in-person is a practicing Advocate, specialised in Intellectual Property matters. The petitioner submits that his area of practice, includes practicing before the Controller of Patents, preparing all documents, transact all business and discharge such other functions relating to patent, design, copyright and trademark in India and also argue cases relating to intellectual property at various levels of Courts in India, including Tribunals and quasi-judicial authorities like the first respondent herein. The petitioner has further submitted that the introduction of the amendment to Section 126 of the Patents Act, 1970, has curtailed his right to practice, though as per Section 30 of the Advocates Act, he is entitled to practice in all Courts, including the Supreme Court, Tribunals and quasi-judicial aut