Intellectual Property Law is one of the emerging fields in legal practice and is gaining immense popularity among budding lawyers. Apart from being lucrative, intellectual property law provides many career opportunities. Today we delve into one such option, i.e., becoming a patent agent in India.

Who is a patent agent in India?

A Patent Agent is a professional entitled to draft, file, and prosecute patent applications on an applicant’s behalf. And also, the patent agent’s name has been registered in the register of patent agents maintained by the Indian patent office. Simply put, a patent agent is one who is registered to practice before the Indian Patent Office. He prepares all documents, transacts all business, and discharges other duties concerning the proceeding before the Controller.

• What is the importance of a patent agent in India?

The Indian Patents Act of 1970 allows an applicant to themself can draft, file, and prosecute a patent application. Further, it allows an advocate who is not a patent agent in India to participate in any hearing before the Controller on behalf of a party in a proceeding under the Act. However, as the process of patent drafting a patent specification, correspondence with the patent office, replying to objections raised by the patent office by way of examination reports, participating in hearings, filing oppositions, and defending the application is complex, there is a great demand for the patent agent in India who are qualified and who can ensure maintenance of a high standard of efficiency and professional integrity.

Therefore, many companies and universities engaged in research and development hire patent agents to help protect their inventions in India and other countries of interest.

What are the qualifications required to be an Indian patent agent?

The requisite qualifications are as follows:

i) They should be a citizen of India.

ii) The applicant should have completed 21 years of age.

iii) 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.

iv) They have passed the qualifying examination prescribed for the purpose or have, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under S 73 or both but ceased to hold any such capacity at the time of making an application for registration.

What is the role?

S 127 and 129 of the Indian Patents Act elucidate the role of the patent agent in India. Accordingly, they are entitled to the following:

a) Practice before the Controller;

b) Prepare all documents, transact all business and discharge any such function as may be prescribed concerning any proceeding before the Controller.

c) Apply for or obtain patents in India or elsewhere.

d) Prepare specifications or other documents.

e) Give advice other than scientific or technical nature regarding the validity of patents or their infringement.

Eligibility for appearing for the Indian patent agent exam

a) Any person desirous of appearing for the Patent Agent Examination should possess the following qualifications:

b) Should be an Indian citizen who has completed the age of 21 years,

c) Should have obtained a degree in science, engineering, or technology from any university under the law for the time being in force in the territory of India, or

d) Should possess such other equivalent qualifications as specified eligible to appear for the patent agent examination.

Applying for an Indian patent agent exam

Any person desirous of appearing for the Patent Agent Examination should make a written request to the Controller accompanied by a fee of thousand rupees. The patent examination notice, conducted twice a year, is published on the Patent Office Website. The following documents must accompany the payment:

1) An attested copy of the age proof.

2) An attested copy of the degree certificate either in science, engineering, or technology.,

3) A character certificate in original from any gazetted officer.

4) Two self-attested passport-sized photographs.

5) Two specimen signatures on paper.

Qualifying for the Indian patent agent exam

As stated earlier, the Indian patent agent exam is conducted twice a year. It comprises a written test and a viva-voce. Now the written test includes two papers-I and II. Paper I, valued at 100 marks, consists of questions based on the Indian Patent Act and Rules and usually in the form of fill-in-the-blanks, match the following, true or false, and short notes. Paper II is based on case studies. The candidate is also asked to draft a patent specification wherein information about the invention, licensing agreements, and petitions are provided.

A candidate who can score an aggregate of 60 percent with a minimum of 50 percent in each paper and the viva voce is deemed successful in the examination.

Registration as an Indian patent agent

Qualifying in the Indian patent agent exam does not mean they are now qualified to practice before the Controller. It is essential to be registered as a patent agent to do so.

Now, any person qualified in the patent agent examination can apply through Form 22, accompanied by a fee of two thousand rupees to the Controller to be registered as a patent agent. After receiving the application and the payment, the Controller enters the name in the Electronic Register of Patent Agents and issues a certificate. On acquiring a certification, the patent agent is qualified to practice before the Controller.

Further, the patent agent has to pay an annual fee to keep his name on the Register of the Indian Patent Office.

Removal of name from the register of Indian patent agent

The name of the registered patent agent(s) shall be removed from the register if:

i) Their name was entered in the register by an error because of misrepresentation or suppression of material facts.

ii) They are convicted of an offense and sentenced to imprisonment.

iii) They have been guilty of professional misconduct in their professional capacity.

iv) They are dead.

v) They have defaulted in the payment of fees.

Can a patent agent be disqualified? How?

Rule 114 of the Patent Rules enumerates the grounds for disqualification of a patent agent in India:

1. If an incompetent court has sentenced him to be of unsound mind.

2. He is an undercharged insolvent.

3. He, being a discharged insolvent, has not obtained a certificate of his insolvency from the court.

4. Or if the patent agent is convicted of an offense in India or outside and has not been pardoned.

5. In case the agent, a legal practitioner, has been guilty of professional misconduct.

6. If he is a chartered accountant, he has been guilty of negligence or misconduct.

And there! We hope we have helped you understand what being an Indian patent agent entails. With the rapid growth in science and technology, it is a lucrative career option and worth a thought.

Read also: Role of Patent Attorney and Patent Agent in India