Patent Attorney: Who They Are, What They Do

They are lawyers like everyone else, but they also specialize in intellectual property law. This type of legislation deals with defending and securing an inventor's property rights. It's interesting to notice that no such post is mentioned in the Indian Statutes. The duties that are to be carried out by an agent who handles patents are now referred to as those of patent attorneys and patent agents, respectively. However, we must stress that an attorney, as opposed to an agent, is an advocate if a distinction must be established, which it must. A patent attorney might be thought of as someone who, as a result of obtaining a law degree, is qualified to handle disputes involving patents. Any patent attorney or lawyer will always be a proponent.

Consequently, when a person has a law degree and is listed with a state's Bar Council, The individual will be regarded as an advocate with the ability to manage patent litigation, which will be regarded as the role of a patent lawyer. According to the regulations established by Indian law, a patent lawyer must have earned a degree in engineering, technology, or science.

Patent attorneys' function

The jobs played by a patent attorney and those of a legal advocate are quite similar. Therefore, it's crucial to file a patent and determine who qualifies to manage patent litigation. This suggests that a patent lawyer or attorney will handle patent cases when they are brought before a court.

It's crucial to keep in mind that a lawyer of this caliber cannot submit any patents. Accordingly, this suggests that a patent lawyer can only handle litigation-related matters and does not have the ability to perform patent prosecution.

The phrases "patent agent" and "attorney" are frequently used synonymously in India. As a result, if we view it from that angle, the job of a patent agent or attorney will be somewhat different. In that respect, a person who is qualified to prosecute patents is a patent agent or attorney. This indicates that the individual is qualified to draft and submit patent applications. Such a person will need to be certified in both legal and technological domains and will possess the knowledge necessary for both drafting and legal work. With the assistance of a patent agent or attorney who is a Registered Indian Agent, it is feasible to pursue a patent in India.

According to the Indian Patents Act, 1970, there are various legislative conditions that must be met in order to become an agent for patent-related work: These are listed as follows:

Must be an Indian citizen.
Age requirement of 21 years or older
Must hold a degree in science, engineering, or technology from a university that was founded in accordance with legislation that was in effect at the time in the Indian subcontinent.
Must have passed the test required to become a patent agent. The exam for patent agents is this. The Controller General of Patents holds this first examination each year, which must be passed in order to qualify as a registered patent.

It will become evident that there is no requirement for a law degree to become a patent agent if we consider that a patent agent and a patent lawyer/agent are two separate entities. Nevertheless, unlike a patent attorney, a patent agent is required to hold a degree in engineering, science, or technology. A person who holds a legal degree does not automatically qualify to be a patent agent; they must also meet other requirements. The Plant Patent filing procedure is also advantageous to you.

A person in this position is qualified to handle patent prosecution. A patent agent may: in accordance with section 127 of the Indian Patents Act of 1970:

Practice in the Controller's presence
In front of the Controller, prepare all patent-related paperwork, carry out all transactions, and perform all duties outlined in connection with all categories of proceedings under the Act.

The two positions of patent agent and attorney are not often considered as separate ones. But they do differ from one another. While a patent agent is someone who has passed an exam and is certified to handle patent prosecution. This suggests that a patent agent is capable of drafting a patent, preparing paperwork for a patent, doing business involving patents, and even carrying out all such tasks linked with the different processes before the controller.

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