A patent agent is a person who has good experience in prosecuting patents for their clients. As we know, drafting of patent application requires specific technical and legal knowledge. So, a person needs to have skills in drafting and filing a patent application to fulfill the obligation of patent prosecution. It is important to note that the term patent attorney is different from that of patent agents.The role of a patent attorney is to practice patent litigation while the agent practices patent prosecution. We will discuss some of the key points that associate with the patent agent in this article.
Patent agent: Key Points to remember
A patent agent not only helps in protecting intellectual property but also helps in preventing infringement. Through a registered Indian patent agent. Section 126 of the Indian Patents Act, 1970 envisages the qualifications for becoming an agent.
The statutory requirements for becoming an agent are:
- Be a citizen of India;
- Is more than 21 years of age;
- Have a degree in science, engineering or technology from any University under the law within the territory of India.
- Have a certificate of the qualifying exam prescribed for the purpose.
The qualifying exam in point (d) is the Patent Agent Exam that the Controller General of Patents conducts every year. Passing this exam is a must in order to qualify as an Indian patent agent.
There are two points absolutely necessary to become an agent in India:
- In order to become an agent, it is not essential to have a degree in law. A degree in science, engineering or technology is a must.
- An individual with a degree in law does not automatically qualify unless he meets the above requirements.
Role of a Patent Agent:
As given above, patent agents qualify for patent prosecution. The role of the agent is given in Section 127 of the Indian Patents Act, 1970. According to Section 127, an agent must:
- The most important quality of an agent is to practice before the Controller.
- He needs to prepare all documents and transact business for the client. The agent also needs to discharge other functions as given in connection with any proceeding before the Controller under this Act.
Advantages of hiring a Patent Agent:
There are certain advantages of hiring patent agents in India. The advantages are as follows:
Expertise:
Patent agents offer important expertise to their clients. They understand both the legal and technical aspects of obtaining a patent. Also, they understand and explain the underlying technology which is critical in getting a patent that will have value.
Also read: Advantages of Getting Patent in India
Process knowledge:
As many patent agents focus only on patents, they understand the process that a patent must go through to get approval. Patent approval takes on average two years, and missing deadlines and overlooking key requirements will only extend the time. So, agents make it easy for the clients to get a patent grant in a short period of time.
Dealing with complexity:
The patent process is, unfortunately, quite complex, and is strewn with potential land mines. If one does not avoid it, it can lead to the loss of legal rights. An experienced agent can help you navigate the minefield.
Legal advice:
Usually, patent agents understand your invention as well as your business goals for commercialization. Hence, they will give you advice on other aspects of the patent process such as what type of patent to obtain. They can also advise you on whether to file a provisional patent application, timing requirements, and other related subjects.
Preparation and execution:
Patent agents are diligent in preparing and filing documents that relate to the patent. They are also good at tracking and meeting deadlines. This can reduce the valuable time of the client so he can focus on other important tasks.
Why Choose Us? – Your Patent Team
Getting a patent agent for your application is an essential step to scale your business rapidly. Thus, it is important to invest wisely and foresee risks. You might require professional help while filing a patent application and protecting your rights. Your Patent Team can help you in your journey from ideating to protecting your legal rights. YPT is a team of 225+ technology/industry experts who speak the inventor’s language and have a deep understanding of Indian Patent Laws. We can help you secure patent rights for your company in the most efficient and cost-effective manner. Our job is not limited to securing your patent rights. We will assist you with the enforcement of those rights as well. To avail our services, Visit Your Patent Team.