What is a Patent Agent?
In India, only a registered patent agent is permitted under the Patent Act to represent applicants before the Patent Office in obtaining patent protection.
A patent agent is not a lawyer always although many agents are also lawyers.
The role of a patent agent begins when an invention is first conceived.
The patent agent assesses the invention, with insights to the field of invention from the inventor, by searching prior patents and other publications to determine if the invention is patentable.
When invention appears to be patentable, the patent agent works with the inventor to prepare a document called a patent specification which contains a description and drawings showing how the invention is made and worked. The specification is also drafted to contain claims which define, in words, the exclusive rights sought by the inventor for the invention.
Patent agents must have a technical background and good writing skills in order to describe the inventions they protect. Patent agents should have at least an undergraduate university degree (many have advanced degrees as well) in science or engineering.
For instance, a patent agent with a background in biotechnology will prepare patent applications arising from the genetic engineering field, while patent applications relating to a telephone exchange will be prepared by a patent agent who is an electronic engineer.
After a patent application is filed, the Patent Office examines the application assessing the patentability of the invention in light of prior art on the basis of the claims.
In a process known as “prosecution” the patent agent represents their client advocating the patentable features of the invention with a view to having the application allowed and issue as a patent.
How to Become a Indian Patent Agent
Steps to become an Indian patent agent are:
Step 1: Verify that you meet the prerequisites
You must possess valid engineering or a science degree
The India Intellectual Property Office (IPO or CGPTDM) administers the Examination and maintains the Register of Patent Agents in accordance with the official rules.
Office of controller general of patents in india organize Patent Agent Qualifying Examination, for exact deadlines you should visit indian patent office website.
Step 2: Prepare for the Examination
Ip-Initial® offers introductory and advanced training courses in patent law and practice, including Patent Agent Exam Tutorials.
Please click here for information on our training courses or e-mail us at patentagentexamination@siddhast.com
consult and prepare with past patent agent examination papers
Step 3: Register for the Examination
N.B. There is a strict deadline to register for the examination. Obtain that date from office of CGPTDM
When you are eligible to take the exam, you must register for examination at indian patent office website.
Step 4: Write the Examination
The examination is held in person in many cities in india.
There are 3 papers that must be successfully passed:
Paper A – office practise /rules /regulation (Mainly miltiple choise)
Paper B – drafting
and Followed by VIVA voice paper
Step 5: Register as a Patent Agent
When passed all your papers, you may write to the CGPDTM and request to be added to the Register of Patent Agents and pay a fee in order to be authorized to practice in india. You will need to pay an annual fee in order to remain on the list.