Indian Patent Agents are professionals specially trained to understand and handle patents.
They are responsible for the protection of inventions and their enforcement in India. Indian Patent Agent is a legal right granted to an inventor to ensure no one else uses his invention without permission.
A patent gives its owner the exclusive rights to make money from its invention for a specified period. After the term of the patent expires, anyone may manufacture and sell products made using the technology covered by the patent without paying royalties.
Patent agents are primarily concerned about getting their clients’ inventions patented and protecting the client’s interests. Clients need not worry about anything once they hand over their invention to the patent agent. So it’s always good to hire a patent agent if you think your invention deserves a patent. Many inventors don’t even bother to file their applications at the local patent office (which costs them nothing) because they know that the patent agents do all the hard work.
The job profile of an IP agent varies according to the type of business they represent. There are two broad categories:
1. Patent Attorneys – These people represent both inventors and companies. Their services include drafting patent applications, examination of patent applications, prosecution of patent applications before the patent office, preparation of patent infringement letters, counseling clients regarding various aspects of intellectual property law, filing trademark applications, advising clients on how to get started with licensing agreements, preparing non-disclosure agreements, assisting clients in obtaining trademark registrations, representing clients in patent litigation cases, etc.
2. Patent Prosecution Companies – These companies specialize in handling all the paperwork associated with filing applications at the patent office. They also provide specialized technical advice to clients regarding the best approach to patenting their ideas. They are usually located outside Delhi NCR.
There are three types of patent attorneys based on their expertise and specialization.
a. Patent Attorneys – These lawyers have specializations in different fields. They practice general patent law, including patentability, utility models, design patents, etc. They also have experience in dealing with patent cases before courts.
b. Patent Law Specialists – they have specialties in specific areas of patent law. They deal primarily with patent applications filed under sections related to pharmaceuticals, biotechnology, information technology, software, chemicals, optics, metallurgy, engineering, medical devices, telecommunications, etc.
c. Patent Attachés / Consultants – these people have completed the course in patent law and specialize in patent prosecution. They deal with all the procedural issues associated with filing applications in the national-level patent offices.
To become a patent attorney, one should complete graduate studies in law. It would help if he also went through training programs offered by universities offering courses in patent law. However, one cannot become a patent lawyer without passing the qualifying examinations conducted by the Bar Council of India. If one has any doubt about whether he qualifies to sit for the exams, he should seek a professional opinion from experts in the field.
Make sure your patent attorney has all these boxes checked.
One of the significant advantages of hiring a patent agent is getting representation services. When you give your idea to someone else to pursue, you lose control and don’t benefit much from the results. On the contrary, when you hire a patent agent, you enjoy the advantage of expert guidance throughout the process. An experienced patent agent knows what goes wrong and tries to avoid it.
He understands the differences between patent offices in different countries and prepares your application accordingly. He helps you choose the appropriate category of patent and the name for your product and drafts the patent application, keeping in view all the requirements of patent law. He assists you when necessary in filling up forms and submitting them correctly.