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If you have to give credit to your innovation, invention or idea that holds promise for the future, you would want to Patent it. But how and where do you start? The answer is Patent Agents.
Patent Agents in India are professionals who are authorized by the statute of the country and qualified to prosecute Patents. In simple terms, a Patent Agent is a person who files the Patent application. They practice before the related Patent Office and assist in the Patent filing process of drafting and preparation of documents, filing and prosecution of an application before the controller on behalf of any individual who wants to obtain a Patent.
The Law allows and enables Patent Agents to act in the interest of Applicants and represent them before the Controller of the Indian Patent Office. There are various eligibilities, criteria and provisions under the Indian Patents Act, 1970 which Patent Agents need to operate and abide by. Patent Agents in India have to be registered to practice as specified under the Patent Rules, 2003 before the Indian Patent Office.
Patent Agents are the professionals who have a technical degree such as B.Tech, M.Sc, etc. and have qualified the required procedure for registering as a Patent Agent. This includes appearing for the Indian Patent examination conducted by the Patent Office and clearing the written and viva voice test. Following the examination, registration formalities need to be completed to enter as Patent Agent in the register maintained by the Controller to be recognized by the Indian Patent office.
A Patent Agent in India is selected and registered under the Indian Patents Act, 1970. According to Section 126 of the Indian Patents Act 1970, certain specified criteria need to be fulfilled by an individual. These are:
(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:
(a) He/she is a citizen of India;
(b) He/she has completed the age of 21 years;
(c) He/she has 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 or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and, in addition,
(Ⅱ) has, passed the qualifying examination prescribed for the purpose; or
(Ⅲ) has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity at the time of making the application for registration;
(d) He/she has paid such fee as may be prescribed.
In order to get a Patent, one has to file a Patent document in the respective Patent Office. The Indian Patents Act, 1970 allows an Applicant to draft, file and prosecute the Patent application by themselves. However, it is an intensely complex technical and legal process which includes below details:
a) Drafting of a Patent specifications
b) Time-bound correspondence with the Patent office
c) Addressing objections raised by the Patent office through examination reports
d) Attending and acting in hearings
e) Filing of oppositions and defending the application.
All these actions require in depth technical as well as legal knowledge of the related Patent Laws. Patent Agents ensure a high standard of efficiency and professional integrity in the process and secure the interests of your inventions in India and in other countries.
Patent agents help individuals, companies, and universities engaged in research and development for the preparation and filing of the Patent.
Under Section 127 and 129 of the Indian Patents Act 1970, Patent Agents in India is entitled to:
(a) Practice before the Controller;
(b) Prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with 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 of scientific or technical nature as to the validity of patents or their infringement.
These rights of a Patent Agent in India allow them to fulfil the various functions that Patent filing in this country requires. From the very first draft to the annual fees payment after granting of a Patent, a Patent Agent protects an Applicant’s interest in its entirety.
Patent filing is a complex process with specific technical and legal criteria required to meet the obligations of Patent prosecution. Patent Agents are qualified professionals who are trained to tackle all possible contingencies and requirements prescribed by the law. They are updated with the latest amendments and related information of the Patent Act/Rules to facilitate a proper and prompt Patent grant. If you desire a complete, effective, and efficient protection of your invention, consult a Patent Agent with a high success rate.
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