To understand about the Patent agents in India, you should first understand what Patent is.
A Patent is a right to stop others from copying the invention. The right is provided by the Government of a country where the Patent is to be filed. Now, to get the Patent, one must follow the set Patent process of the country where one wishes to file the Patent.
Now let us understand, who are Patent agents in India?
Patent Agents in India have a technical background and have cleared the Patent agent exam. Such patent agents in India can prepare and file a patent for your invention with the patent office.
As we have learnt who is a patent agent, let us now understand why a patent agent is important?
Let us assume that you have a new idea and you do not want others to copy your idea. So, you will have to file and get a patent for your new idea. The process to file and get a patent is complex and many documents need to be filed with the patent office. Also, the process has a lot of steps and timelines. The patent agent helps the client in moving ahead with the complex process easily. They prepare the patent in a format acceptable to the patent office. This reduces the risk of receiving unnecessary objections.
It is difficult for a common person to prepare a patent that describes the new idea and follows the requirements of the law. The patent agents in India have a technical background and have cleared the patent agent exam. So, it is easier for them to prepare the patent keeping the new idea and law in mind.
In conclusion, a Patent agent is an expert who can get a Patent for your new idea in a smooth way. The technical background and knowledge of the Patent Laws helps to provide you the best possible way to get the Patent. Therefore, it is advised to talk to a patent agent who can help you navigate through the complex Patent process before filing a patent. IPexcel has the best team of Patent Agents to provide you the best Patent service.
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Patent Agents are those professionals who are authorized by the statute of the country to practice before the related Patent Office. In order to get a granted Patent, one has to file a Patent document in the respective Patent Office. Now the question arises, what type of Patent document needs to be filed in the Patent Office? The Patent document is a techno-legal document which contains technical details of the invention and it should be drafted in a manner as prescribed by the Law to secure better protection on the invention. Therefore, it is important to have technical as well as legal knowledge of the related Patent Laws for drafting and processing of the documents in the Patent Office.
Patent Offices are constituted by the Government of the country to deal with the matter related to Patents. Further, the Law also allows Patent Agents to represent the inventor or applicant of the Patent application before the controller of the Patent in the matter related to the Patent. For example: Patent Agents in India are eligible to represent the applicant/inventor in the matter related with the Patents in the Indian Patent Office.
Patent Agents are the professionals who have a technical degree such as B.Tech, MSc. etc and have qualified the Patent Agent exam conducted by the Patent Office. Countries which have Patent Laws conduct the Patent Agent’s exam and allow the registered Patent Agents to represent the inventor or the applicant before the controller. Registered
are allowed to practice in any
city or state of India. For example: Patent Agents in Bangalore or Patent Agents in Hyderabad can
practice in any city or state of India.
Patent Agents in India: Patent Agents are selected based on the Law prescribed under Indian Patents, Act 1970.
In India, qualifications for registration as Patent Agents, rights and duties of the patent agents are specified under Indian Patents, Act 1970.
According to Section 126 of the Indian Patents, Act 1970, below qualifications for registration of Patent Agents in India are specified:
"(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfills the following conditions, namely:
(a) he is a citizen of India;
(b) he has completed the age of 21 years;
(c) he 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 has paid such fee as may be prescribed."
From the above provision, it is clear that Patent Agents in India are those professionals who hold a technical degree, have qualified the Patent Agent examination and their names have been listed in the register of Patent Agents which is maintained by the controller of the Patents.
Basically, Patent Agents help the inventor for the preparation and filing of the Patent documents in the Patent Office. Generally, the role and the rights of Patent Agents are specified under the Patent Act of the country.
Under Section 127 of the Indian Patents, Act 1970, below rights of Patent Agents are specified:
“Rights of patent agents - Subject to the provisions contained in this Act and in any rules made there under, every patent agent whose name is entered in the register shall be entitled—
(a) to practice before the Controller; and
(b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act."
Registered Patent Agents in India help in the below Patent matters:
In India, Patent Office keeps the record of the Patent Agents in the register of Patents under the supervision of the Controller. List of registered Patent Agents is publicly available on the website run by IP India. If someone is looking for
he/she can see the registered Patent Agents name and number in the list maintained by Indian Patent Office. However, the contact details will not be listed. So, for Patent Agents in Bangalore or Patent Agents in Hyderabad, one has to check with the firm or any company who is providing Patent related services. Further, it can be applied for any place where someone is looking for the Patent Agents for the Patent related services.
Getting a granted Patent is a tedious task. There are lots of requirements such as drafting of Patent application, filing of prescribed forms with prescribed fees, and meeting all the mandatory requirements related with the Patent filing as per the prescribed Law. As the Patent Agents are registered professionals, they keep themselves updated with the latest amendments of the Patent Act/Rules. So, the Patent Agents can help in meeting all the requirements of the Patent Office for the filing of the Patent application in the correct manner. Therefore, it is always advisable to consult a Patent Agent for effective, efficient and better protection of the invention.
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