To protect and commercialize an invention, the inventor must get a patent for it in India (or abroad as well). To do so, one must traverse the complex path of patent filing and patent examination before attaining the promised land: a patent registration or grant. An inventor may choose to do so himself as no one is better acquainted with the invention than him. However, patents are interwoven with nuances of law and technology. Therefore, it is generally advised to hire a professional who is well-versed with the drafting patent specifications, infringement analysis, deadlines, patentability requirements, forms, fees etc. Moreover, it is very important to hire an excellent Patent Attorney or a Patent Agent as an incorrect choice may result in loss of your effort, competitive edge, right to stop infringing parties, revenue, an idea.
Generally, both the terms Registered Patent Attorney and Registered Patent Agent are used interchangeably. However, there are significant differences between a Registered Patent Attorney and a Registered Patent Agent. Although Registered Patent Agent can perform most of the basic functions related to patents, the legal exposure of the Registered Patent Attorney provides him with a better understanding of the law and patent drafting since Patents are Techno-legal documents thereby requires a balance between law and technology. Additionally, it is also important to know that how to choose the Best Registered Patent Attorney or Registered Patent agent as there are many Patent professionals.
Based on the above similarities you may think that the registered patent agent can perform all services required for filing a patent and patent registration or patent grant. However, the difference lies in how they achieve patent registration or grant of a patent. We do not say or claim that Registered Patent Agents cannot get a grant of a good patent, but it is the legal exposure of the Registered Patent Attorney which may make a difference during the whole process of the prosecution to achieve better success.
We emphasize on the fact that “getting a patent grant is easy but getting a good patent grant is difficult”. Getting a bad patent would be like having a blunt sword. As the aim of the patent is to stop third parties from infringement of your invention whereas bad patents fail miserably at that.
Therefore, Registered Patent Agent and Registered Patent Attorney can perform most of the functions related to patents. However, there are some potential advantages of a Registered Patent Attorney. Had this been not the case, a lot of Patent Professionals would not be pursuing or aspiring to complete their Law degree after becoming a Registered Patent Agent.
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