Is it necessary to hire a patent agent to file a patent in India?


Is it necessary to hire a patent agent to file a patent in India ? What is the work of a patent agent while filing a patent in India Any qualified patent agent or patent attorney can help you file a patent application in India. We all know that patent specification is a techno-legal document. Hence, drafting a patent specification requires a qualified patent agent who has the expertise of both technical (related to field of invention) and legal (knowledge of Indian Patent Act) domain. Quite often, inventors try to file a patent specification on their own and end up writing solely from the technical perspective. Consideration of legal aspect in a patent specification carries a lot of importance and negating the legal part can lead to foreseen failures like improper protection of the invention. This will lead to all the time and money spent on an invention to go into vain.

A professional patent agent can add that spark to your document by drafting the specification with a proper blend of technical and legal aspect to give you the maximum protection that your invention deserves.

The following things are to be kept in mind by a patent agent while he/she is drafting a patent specification:

  • The claims should be optimized to ensure maximum protection to the inventor.
  • Manifestations in all possible forms should be covered.
  • Usage of proper patent law related terminology is a mandate.

Who is a Patent Agent? Is it necessary to hire a patent agent to file a patent in India?

A patent agent is a technically qualified person permitted to draft, file and prosecute patent applications on behalf of patent applicant. The patent agent should essentially be from a science or technical background. The individual is also required to qualify the Indian Patent Agent Examination to work as a registered Patent Agent.

The role of a patent agent is described in section 127 of the Indian Patents Act, 1970. According to Section 127, a patent agent is required to:

  • Practice before the Controller; and
  • Prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.

Proper Usage of Language

A specification is a powerful tool that helps the inventor gain patent. Such a tool at its nascent stage should always be drafted by an experienced patent agent and not a layman. Inventors while trying to draft the specification on their own may fail to comply with the Patent law due to improper use of terms. This may lead to rejection of the application. A skilled professional will thus be able to draft the specification precisely and intelligently to bring out the excellence of the invention and provide maximum protection.

How can Your Patent Team (YPT) help you?

YPT comprises of 125+ skilled professionals who serve you in the technological domains such as Pharmaceutical, Chemical, Mechanical, Electrical, Biotechnology, Electronics, Telecommunication, Software, Information Technology and more. Our experts have deep understanding and a strong hold of the Global Patent Laws. A worldwide presence in more than 90+ jurisdictions helps you get the best protection deserved.

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Approximate cost to be borne to file a patent registration with the help of  patent agent.