Patent Agent India
Intellectual Property Law is one of the emerging fields in the field of legal practice and is gaining immense popularity among budding lawyers. Apart from being lucrative, intellectual property law provides a wide array of career opportunities. Today we delve into one such opportunity i.e. becoming a patent agent in India.
Who is a patent agent in India?
A Patent Agent is a professional entitled to draft, file and prosecute patent applications on behalf of an applicant. And also, the patent agent name has been registered in the register of patent agents maintained by the Indian patent office. Simply put, a patent agent is one who is registered to practice before the Indian Patent Office. He prepares all documents, transacts all business and discharges other duties in connection with the proceeding before the Controller.
What is the importance of a patent agent in India?
The Indian Patents Act 1970 allows an applicant by himself/herself can draft, file and prosecute the patent application. It also allows an advocate who is not a patent agent in India to participate in any hearing before the Controller on behalf of a party in a proceeding under the Act. However, as the process of patent drafting a patent specification, correspondence with the patent office, replying to objections raised by the patent office by way of examination reports, participating in hearings, filing oppositions and defending the application is complex, there is a great demand for patent agent in India who are qualified and who can ensure maintenance of a high standard of efficiency and professional integrity. Therefore, many companies and universities engaged in research and development hire patent agents to help them in protecting their inventions in India and other countries of interest.
What are the qualifications required to be an Indian patent agent?
The requisite qualifications are as follows:
-He/she should be a citizen of India.
-Applicant should have completed 21 years of age.
-Candidate should have obtained a degree in science, engineering or technology from any university established under the law for the time being in force in the territory of India or possess such other equivalent qualifications as specified.
-He/she has passed the qualifying examination prescribed for the purpose or has for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under S 73 or both, but ceased to hold any such capacity at the time of making an application for registration.
What is the role of a patent agent in India?
S 127 and S 129 of the Indian Patents Act elucidate the role of the patent agent in India. The patent agent India is entitled to:
-Practice before the Controller;
-Prepare all documents, transact all business and discharge any such function as may be prescribed with respect to any proceeding before the Controller.
-Apply for or obtain patents in India or elsewhere.
-Prepare specifications or other documents.
-Give advice other than of scientific or technical nature as to the validity of patents or their infringement.
Can a patent agent be disqualified? How?
Rule 114 of the Patent Rules enumerates the grounds for disqualification of a patent agent in India:
-If he has been adjudged to be of unsound mind by an incompetent court.
-He is an undercharged insolvent.
-He, being a discharged insolvent, he has not obtained a certificate of his insolvency from the court.
-Or if the patent agent convicted of an offence in India or outside and has not been pardoned.
-In case the agent, being a legal practitioner, has been guilty of professional misconduct.
-If he, being a chartered accountant, he has been guilty of negligence or misconduct.
Further, the next post will deal with the patent examination and registration process to become a patent agent in India, and also below some of the interesting posts.
Role of Patent Agent and Patent Attorney in India
How to become a patent agent in India – Part II
Can You Draft Patent Specification On Your Own?
How to Conduct Patent Search in India?
Understanding The Indian Patent Law
Career wise – Becoming A Trademark Agent in India
Role of a Trademark Attorney and Trademark Agent in India