Today we shall have a bird’s eye view of the “Indian Patent Exam” and the process of registration as an Indian patent agent .
In the last post, while listing out the requisite qualifications of a patent agent, one qualification was that he/she should have qualified the Patent Agent Examination. But, what is this examination all about?
Let’s have a look.
Eligibility for appearing for the Indian patent agent exam
Any person desirous of appearing for the Patent Agent Examination should possess the following qualifications:
Should be an Indian citizen who has completed the age of 21 years,
Should have obtained a degree in science, engineering or technology from any university under the law for the time being in force in the territory of India, or
Should possess such other equivalent qualifications as specified eligible to appear for the patent agent examination.
Applying for an Indian patent agent exam
Any person desirous of appearing for the Patent Agent Examination should make a written request to the Controller accompanied by a fee of thousand rupees. The notice for the patent examination, which is conducted twice a year is published on Patent Office Website. The following documents must accompany the fee:
An attested copy of the age proof.
An attested copy of the degree certificate either in science, engineering or technology.,
A character certificate in original from any gazetted officer.
Two self-attested passport sized photographs.
Two specimen signatures on paper.
Qualifying the Indian patent agent exam
As stated earlier the Indian patent agent exam is conducted twice a year. It comprises of a written test and a viva-voce. Now the written test comprises of two papers-I and II. The paper I, valued at 100 marks consists of questions based on the Patents Act and Rules and usually in the form of fill in the blanks, match the following, true or false and short notes. Paper II is based on case studies. The candidate is also asked to draft a patent specification wherein the relevant information about the invention is provided as well as licensing agreements and petitions.
A candidate who is able to score an aggregate of 60 percent with a minimum of 50 percent in each paper, as well as the viva voce, is deemed to be successful in the examination.
Registration as an Indian patent agent
Qualifying in the Indian patent agent exam does not mean that he/she is now qualified to practice before the Controller. It is essential to be registered as a patent agent to do so.
Now, any person who has qualified in the patents agent examination can make an application through Form 22 accompanied by a fee of two thousand rupees to the Controller to be registered as a patent agent. After receiving the application along with the fee, the Controller enters the name in the Register of Patent Agents and will issue a certificate. On acquiring a certificate, the patent agent is qualified to practice before the Controller.
Further, the patent agent has to pay an annual fee to continue keeping his name on the Register of the Patents.
Removal of name from the register of Indian patent agent
The name of the registered patent agent shall be removed from the register if:
His/her name was entered in the register by an error on account of misrepresentation or suppression of material facts.
He/she is convicted of an offence and sentenced to term of imprisonment.
He/she has been guilty of professional misconduct in his/her professional capacity.
He/she is dead.
He/she has defaulted in the payment of fees.
And there! Hope we have helped you get a better idea of what being an Indian patent agent entails. With a rapid growth in science and technology, it is indeed a lucrative career option and is definitely worth a thought.