How to become a Patent agent in India?


A question many seek answer to, those who want to start out routinely ask about how to start a career in Patents. The career options are Patent Attorney, Patent Lawyer and Patent Agent.

A patent  protects the inventor’s right to use, sell, produce and import any new product or the process , for a period of 20 years. It is not necessary under the Patent law to engage a registered patent agent for filing an application for patent. The applicant is free to file an application by himself or through the patent agent. However, an applicant who is not a resident of India is required to file either through the registered patent agent or must give an address for service in India.

Patent attorneys are those who file patent applications and also work to protect the inventor’s right and prosecute in the court.

Patent Agents

The first thing keeping the Indian scenario in mind is to become an expert at the Microsoft Windows OS family. The Qualifications as mentioned under Section 126 of the Indian Patent Act,1970  are:

  1. Be a citizen of India
  2. Have complete the age of 21.
  3. Have obtained a degree in science, engineering and technology is must but a degree in law is not required.

Further Chapter XV (Rules 108-120), Patent Rules ,2003 deals with Patent Agents.

An individual with a degree in law does not automatically qualify as patent agent, unless he fulfil the requirement mentioned above.

How to Prepare for Patent Agent Exam?

To prepare for the patent agent examination, following things need to be go through:

  • Patent Act,1970 and Rules,2003.
  • Manual of the patent practice as published by the Indian Patent Office.

Exam Pattern :

Rule 110,Patent Rules ,2003 deals with the qualifying examination. The patent agent exam is divided into three stages i.e . The qualifying examination shall consist of the following papers and marks, namely:

  •                 Paper I -Patents Act and Rules  ( 100 Marks)
  •                 Paper II-Drafting and interpretation of patent specifications and other documents  ( 100 Marks)
  •                 Viva Voce (50 Marks)

A candidate shall be required to secure a minimum of fifty marks in paper I and paper II and shall be declared to have passed the examination only, if he obtains an aggregate of sixty percent of the total marks.

At the end, the one who is preparing for patent agent exam, the basics of patents must be clear and writing skills must be good.

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Saransh Vijay is pre final year student of Btech Et+ LL.B IPR Hons. at the University of Petroleum and Energy Studies Dehradun. He believe in taking up challenging and high performance oriented role in the TECHNOLEGAL field. He is enthusiast in Corporate Laws, Intellectual Property Laws (Patents, Trademark and Copyright).

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