Importance of Patent Agent in India
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:
1. Be a citizen of India;
2. It is more than 21 years
of age;
3. Have a degree in science, engineering or technology from any
University under the law within the territory of India.
4. Have a certificate
of the qualifying exam prescribed for the purpose.
The qualifying exam in point (d) is the Patent Agent Examination 2020. 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:
1. 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.
2. 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 to 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: Patent agent examination course
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 of our services. Visit Your Patent Team.
For more details online Patent Agent exam course, check the link https://www.ilms.academy/products/preparation-course-for-patent-agent-examination
For more details online Patent Agent exam course, check the link https://www.ilms.academy/products/preparation-course-for-patent-agent-examination
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