how to become patent attorney in india

by Madison Ledner 8 min read

In order to become a patent agent, one has to qualify the Indian Patent Agent Exam conducted by the Department for Promotion of Industry and Internal Trade. Chapter XXI of the Patents Act, 1970 prescribes the provisions dealing with patent agents.

The statutory requirements for becoming a patent agent are:
  1. Be a citizen of India;
  2. Have completed the age of 21 years;
  3. Have obtained a degree in science, engineering or technology from any University established under law for the time being in force in the territory of India.
Aug 25, 2016

Full Answer

How can a patent be prosecuted in India?

May 09, 2016 · -He/she should be a citizen of India. -The applicant should have completed 21 years of age. -Candidate should have obtained a degree in science, engineering or technology from any university established under the law for the time being in force in the territory of India or possess such other equivalent qualifications as specified.

How do I become a patent attorney?

PREPARATION COACHING FOR PATENT AGENT EXAM CONDUCTED IN OCTOBER 2018. Institute of Patent Attorneys, India (IPAI) is providing professional training in Patent Law and Practice for candidates to appear for Indian Patent Agents Examination 2018, conducted by Ministry of Commerce and Industry (Govt. of India) through Patent Offices and obtaining qualifications …

What is the scope of patent agent in India?

How to apply to become a Trademark Attorney? An application under Form TM-G is rendered in duplicate and sent to or accepted by the Trademark Registry. Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Who can file international patent applications (PCT) in India?

Aug 19, 2016 · Accordingly, in India, a patent can be prosecuted through a registered Indian patent agent. Particularly, Section 126 of the Indian Patents Act, 1970 envisages the qualifications for becoming a patent agent. The statutory requirements for becoming a patent agent are: a) Be a citizen of India; b) The age 21 years or above;

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How do you become a patent attorney?

Here are six steps to become a patent attorney:Earn a science or engineering degree. ... Take the LSAT. ... Attend law school. ... Pass the state bar exam. ... Pass patent bar and register with USPTO. ... Consider additional specialized education.Jul 23, 2021

Is patent law a good career?

Careers in patent law offer good -- that is, usually interesting and well remunerated -- job opportunities. Although becoming an attorney requires additional training, long-term career prospects are often much better than, say, those of becoming a faculty member at a research-intensive institution.

How long does it take to qualify as a patent attorney?

In reality, it typically takes 4-6 years to become a patent attorney.

Can lawyers become patent agents?

By the 2005 Amendment, the advocates were disqualified to be the patent agents. In the light of the above judgment given by the Court, all advocates having a science degree can file patent applications for their clients and they do not have to register themselves as patent agent with the patent office.May 7, 2013

Is patent law stressful?

The Journey. This is perhaps the most stress-inducing and challenging part of a career in patent law, but that is true for any job in the field of law. They all require time, energy, and dedication to get there. ... Many people have found that starting as a patent agent and working their way up is the best path.Jun 29, 2021

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

Is it difficult to become a patent attorney?

It is quite hard to become a patent attorney, but it's not impossible. You have to be someone who can sit down for long hours to study and prepare for your examinations.

Do you need a PhD to become a patent attorney?

You don't have to be a genius, but academic qualifications are valued. You may have to get your head round some extremely complex and technical patents in your working life. Around 60% of patent attorney trainees have a postgraduate qualification and around half of these have a PhD.Jul 11, 2017

Do you need a Masters to be a patent attorney?

Yes. However, you do not need a law degree to become a patent attorney. ... The role of a patent attorney involves advising clients on those areas of law applicable to intellectual property.

Who is patent agent in India?

A patent agent is a person who is registered and authorized by law to practice before an Indian Patent Office and deal with patent applications. The expertise of a patent agent is used to protect intellectual property and prevent infringement.Jul 24, 2020

How do I apply for a patent in India?

How to go about patent filing in India: All you need to knowStep 1: Conceiving your Invention. ... Step 2: Patent Search and Drafting. ... Step 3- Filing the Patent Application. ... Step 4- Publication of the Application. ... Step 5- Request for Examination. ... Step 6- Respond to the Objections. ... Step 7- Grant of Patent.Sep 22, 2021

What is the difference between patent attorney and agent?

A patent attorney has attended law school and taken and passed an examination for registration to practice law in that state. A patent agent is not a lawyer and cannot provide any legal advice, including advice on patent licensing or patent infringement.

Which companies actively hire an Intellectual Property Lawyer?

The companies that hire an Intellectual Property Lawyer are Remfry & Sagar, Khaitan & Co LLP, Chadha & Chadha IP, Singh & Singh Law Firm LLP, W.S....

What job profiles can I consider other than an Intellectual Property Lawyer?

The job profiles that an Intellectual Property Lawyer can consider are Legal Advisor, Legal Associates, Professor, Author, Judge, Journalist etc.

How much can an Intellectual Property Lawyer earn?

The salary of an Intellectual Property Lawyer differs from individual to individual. The entry-level salary of an aspirant is around INR 2,40,000/-...

What are the best study materials that an aspiring Intellectual Property Lawyer can study?

To be an Intellectual Property Lawyer, the following study materials can be referred to- Intellectual Property Law (III Edition) by Bently and Sher...

What are the demerits of being an Intellectual Property Lawyer?

Intellectual Property Lawyer requires a lot of concentration and dedication which might end up affecting the personal life of an individual. The fi...

Which colleges are best to be an Intellectual Property Lawyer?

To be an Intellectual Property Lawyer, an aspirant can pursue Intellectual Property Law from Apeejay Stya University (ASU), Gurgaon, Sandip Univers...

Is it worth it to be an Intellectual Property Lawyer?

Intellectual Property Lawyers are in huge demand these days and there are plenty of job opportunities for the aspirants. It is totally worth it to...

Can I be an Intellectual Property Lawyer after completing an undergraduate degree in law?

Yes, you can be an Intellectual Property Lawyer after completing a UG level law degree.

I want to be an Intellectual Property Lawyer. Which course can I pursue?

To be an Intellectual Property Lawyer, you can pursue an integrated 5 years long or a 3 years long LLB course. Candidates who have completed educat...

What are the responsibilities of an Intellectual Property Lawyer?

An Intellectual Property Lawyer is responsible for looking after the freedom of individuals who create creative things to profit from their art or...

What is a patent attorney?

Patent Agents, also called Patent Attorneys are specialist legal advisors, similar to Lawyers, who advise their clients how to protect their intellectual property. Patent Attorneys work either in private firm of Patent Attorneys or in Patent Departments of large industrial Organizations.

What is the purpose of the Patent Act?

For the purpose of maintaining a high standard of efficiency and professional integrity the Patent Act has prescribed certain qualifications for persons practicing as Patent Attorneys and provided for their registration.

What are the qualifications to become a patent agent?

As per which, the qualifications required to be a patent agent are as follows: He should be a citizen of India; Should have completed 21 years of age;

What is a patent agent?

In order to understand the meaning of the term ‘Patent agent’ in simple terms, it can be defined as “a person who files the patent application” The process involved in the preparation of a patent application is taken care of by the patent agent. That is, he helps in the preparation of the documents, including drafting, ...

How many marks do you need to be a patent agent?

For a person to qualify as a patent agent he should secure an overall 60% aggregate of the total marks. That is out of the total 250 marks he/she should in order to qualify to secure an aggregate of 150 marks or more.

Can a patent agent be a partner?

He shall not without registering himself as a patent agent, that is unless he and all his partners are so registered as patent agents, cannot either alone or in partnership with any other patent agent or person practice, describe or hold himself as a patent agent or permit himself to be described so or held out.

What is the procedure to become a patent agent?

Rule 109, 110, and 111 of the Rules provides the procedure to become a patent agent. In this regard, a person intending to register as a patent agent shall comply with the following procedure: 1. Application for examination. A person shall make a request to the Controller and pay the requisite fee as provided in the First Schedule [2], ...

What is a written exam?

A written test considered as the qualifying exam, which shall be conducted by the office of the Controller. It comprises of Paper I and Paper II for 100 marks each. The Paper I will have both Objective and Descriptive type questions. The marks division in relation to the same varies each year.

What is Lawsikho course?

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill . LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities.

Can a patent be prosecuted in India?

Accordingly, in India, a patent can be prosecuted through a registered Indian patent agent.

What is a patent attorney?

In fact, a patent attorney is usually used interchangeably with a patent agent. However, an attorney is an advocate. By virtue of this, a patent attorney is an individual who is entitled to deal with patent litigation by virtue of holding a law degree. A patent attorney or patent lawyer is an advocate. This means that an individual who has ...

What are the duties of a patent agent?

As stated above a patent agent is qualified for patent prosecution. 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 entitled to: 1 Practice before the Controller; and 2 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

What is the role of a patent attorney?

Mainly, the role of a patent attorney is the same as the role of an advocate. Thus, a patent attorney can specifically deal with patent litigation. This means that a patent attorney represents patent cases in the courts. It is important to note that a patent attorney cannot file for a patent.

When did the Patents Act come into force?

Anand & Anand. The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar.

Can a patent be prosecuted in India?

In India, a patent can be prosecuted through a registered Indian patent agent.

What is a patent attorney?

A patent attorney helps clients throughout the entire process of getting a patent, from working with the inventor during the development process to filing the patent and defending it from intellectual theft after they file it.

How to become a patent attorney?

Here are six steps to become a patent attorney: 1. Earn a science or engineering degree. First, a potential patent attorney earns a four-year college degree, usually a Bachelor of Science degree, in an engineering or science field . This can provide the technical knowledge base for you to understand the patents you're going to be working with, ...

Can a patent attorney consult with a patent attorney?

A patent agent can consult on patent matters , but cannot provide legal advice. The terms patent agent and patent attorney are interchangeable in some places, so consider the context to make sure you understand what the terms mean in different settings.

What skills do patent attorneys need?

Patent attorney skills. A patent attorney may need a wide variety of legal and technical skills to understand and represent their clients' patents. These are some skills a patent attorney may use: Legal and scientific writing: An attorney creates patent applications, so they need to be fluent in legal and scientific language to describe inventions. ...

How long does it take to get a juris doctorate?

If you attend as a full-time student, the degree usually takes three years to complete, although part-time evening programs are available that can take four or five years.

How long does it take to get a masters degree in law?

These degrees usually take one year of full-time study to complete.

How much do patent attorneys make?

The average base salary for patent attorneys in the U.S. is $159,649 per year. The salary depends on your geographic area, your employer and your specialization. According to the U.S. Bureau of Labor Statistics, the projected growth rate for all lawyers is 4% between 2019 and 2029, which would mean 32,200 new jobs.

What is the job of an intellectual property lawyer?

The duty of an intellectual property lawyer is to deal with legal rights concerning intellectual and creative innovations and works. A lawyer of intellectual property defends the freedom of people who invent or create creative things to profit from their art or work.

How long does it take to become an intellectual property lawyer?

To be an Intellectual Property Lawyer, you can pursue an integrated 5 years long or a 3 years long LLB course. Candidates who have completed education in the specialisation of Intellectual Property Law are more likely to get better career opportunities.

Is it hard to maintain a balance between personal and professional life for an intellectual property lawyer?

It might take a toll on your personal life as it requires immense dedication and mindful thinking. It is difficult to maintain a balance between personal and professional life for an Intellectual Property Lawyer.

What is the role of an author?

Author: An curator or creator of any written work exploring the intellectual property laws, research and rights. Journalist: Role of a journalist is to accumulate, write and distribute a piece of information to the public.

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Meaning of The Term Patent Agent

  • Patent agent as defined under Section 2(n) of the India Patent Act, 1970 is a person who is registered under the patent act as a patent agent. The definition under the act defines as to who is a patent agent. In order to understand the meaning of the term ‘Patent agent’ in simple terms, it can be defined as “a person who files the patent application” The process involved in the prepar…
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Procedure For Registering as A Patent Agent

  • Rule 109, 110, and 111of the Rules provides the procedure to become a patent agent. In this regard, a person intending to register as a patent agent shall comply with the following procedure:
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Register of Patent Agents

  • The register of Patent agents shall be maintained by the Controller in accordance with Section 125 of the Act read with Rule 108 of the Rules. The particulars to be contained in the register include: 1. Name 2. Nationality 3. Address of the principal place of business and the addresses of branch offices 4. Qualification and the date of registration of every patent agent 5. Details of the…
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