Myth #1: Patent agent exam is for lawyers and completely law-based
According to the Government of India, the minimum qualification to appear in the patent agent exam is — “Any Science Graduation”. There is no mention of any Law graduation or legal knowledge. This clearly indicates that a patent agent is supposed to be a person with technical know-how, which is good as patents are actually the protection of “Technological Inventions”. Do you have to study law? Yes, a little bit, The Patent Act 1970 to be exact. But the law is tough. How will I study? No, this law revolves around technology and inventions. It revolves around — what is an invention? What are your rights as an inventor? How to protect invention? And what can be done if somebody steals your invention etc. So it is actually very interesting for every science person and not difficult. For people who still think it might be difficult IIPTA has rewritten every important section for patent agent exam in plain, simple English in the book “Paper 1“.
Myth #2: I will be changing my field when I become a patent agent?
No. If you notice closely, the government only conducts the patent agent exam while there is no institute/college/university recognized by the government to impart education on the patent agent. This is a professional certification for the government, to increase your avenues and not to divert you from your mainstream.
What it means is, after becoming a registered patent agent: You can be in the field you are presently in, use the new knowledge in research, file patents for your own inventions or inventions of other people of any field and not just your field and be a more knowledgeable and responsible researcher / professional. Indian Institute of Patent and Trademark 13 If you want you can join any organization in RnD (in your field or if you wish any other field) in the IP department. Yes, every good RnD department of an organization has an IP cell nowadays. If you wish you can join a Law firm (you will still not need a law degree, you are a registered patent agent remember? That’s big) You can also start your own consultancy firm and give consultation to other people/researchers, etc in need of IP and Patent help.
Myth #3: Patent Attorney is a higher post than Patent agent and it is better to become a patent attorney directly.
Patent Agent and Patent Attorney are different people and they have a different job. No one is above the other. See below the scope of jobs.
PATENT AGENT
PATENT ATTORNEY
No law degree is required.
Law degree required.
Understanding the invention is easy because you are a science graduate.
Science degree required.
Understanding of the invention is patentable or not.
If there is an infringement, i.e. someone is stealing someone else’s invention; patent, etc. a patent attorney will be representing the client in the court of law.
Understanding that the invention is just one invention or a group of inventions.
Giving notices to the infringing party.
Drafting the patent claims to be actually protected in the invention.
Note that patent attorneys may also do all the things that a patent agent does, but essentially they are experts in the Court of Law which might take most of their time.
As you are a technical person, you can help in increasing the scope of
the invention by also including the applications of the invention in various industries, which a lawyer may not be able to do. Thus, helping the inventor greatly.
Filing the patent application on behalf of the inventor.
Replying to the technical objectives of the patent office in the first examination report.
Due to continuous research, if the invention is achieving even better results in the lab, you may be filling a patent of addition.
Getting the grant certificate for the inventor.
PATENT AGENT
PATENT ATTORNEY
No law degree is required.
Law degree required.
Understanding the invention is easy because you are a science graduate.
Science degree required.
Understanding of the invention is patentable or not.
If there is an infringement, i.e. someone is stealing someone else’s invention; patent, etc. a patent attorney will be representing the client in the court of law.
Understanding that the invention is just one invention or a group of inventions.
Giving notices to the infringing party.
Drafting the patent claims to be actually protected in the invention.
Note that patent attorneys may also do all the things that a patent agent does, but essentially they are experts in the Court of Law which might take most of their time.
As you are a technical person, you can help in increasing the scope of
the invention by also including the applications of the invention in various industries, which a lawyer may not be able to do. Thus, helping the inventor greatly.
Filing the patent application on behalf of the inventor.
Replying to the technical objectives of the patent office in the first examination report.
Due to continuous research, if the invention is achieving even better results in the lab, you may be filling a patent of addition.
Getting the grant certificate for the inventor.
Verdict: The above comparison is in no way intended to undermine any profession. The point is: it is not compulsory to be a lawyer to be the best Patent Agent. If you see your future in a court of law and litigation — go for being a Patent Attorney, if you prefer staying in the science and technology field, being a Patent Agent is the right choice. Personal thought: after years and studying law, going back to studying absolutely new and highly advanced technologies may be tough for some people and not helpful for the inventor (client), that’s why a lot of work (except for litigation, of course) is passed on to Patent Agents in law firms. As research, even law firms have more vacancies for Patent agents than Patent Attorneys.
Myth #4: My science knowledge will not be utilized
Again, minimum and compulsory qualification for even appearing the Patent Agent Exam in — Science Graduation, science knowledge is needed and will always be utilized in patent works. Also as seen in the above myth (#3) there is a list of things a Patent Agent is responsible for and they are not possible without any scientific knowledge.
Myth #5: I cannot be a patent agent because I’m already doing a job
Patent Agent is a government professional certification; you get a certificate from the government and a registered patent agent number after clearing the exam. There is no need for you to leave your job or college.
Myth #6: I will have to change my location to a place where the patent office is located
No change of location is required. It is called Indian Patent Agent and not something like Delhi Patent Agent or Mumbai Patent Agent. You are allowed to be anywhere, practice your patent profession anywhere, or just utilize the knowledge in your present job or course of study. This certificate will only increase your knowledge, promotion possibilities, and new career option.
Myth #7: The patent agent exam is very tough
Some people think it is tough because they are technical and a little law is involved, as discussed in Myth #1, patent law revolves around research, invention, and rights of an inventor, so it is interesting. Just make sure you don’t start preparing for the exam in the last week and expect to clear it. Start a little early and take just a little time out of your office or regular studies and you will be Indian Institute of Patent and Trademark 16 good. If you need expert help you can see the patent agent exam preparation series by IIPTA.
Myth #8: The patent agent exam is very easy because I am a lawyer.
Knowledge of science is not required for patent drafting. Try this and you might fail. Firstly; if you are a lawyer; but do not have an additional science degree, your application to appear in the Patent Agent Exam will be rejected by the Patent Office of India. Secondly, good patent claim drafting is not easy if you do practice it well and have good guidance. Law will only tell you, what is the definition of claims of a patent? Lastly, in viva voice, you will be asked questions which will be intellectual property or patent aspects of different technologies and science.
Myth #9: I can only file a patent for other people and clients but not for myself.
I am an Inventor Once you become a registered patent agent, you can file patents from yourself, others, and also in any technology which may be different from your present expertise or field of research.
Myth #10: I am an investor/researcher and Patent Agent knowledge will not be useful in doing research.
The general trend amongst researchers in India is to write researcher papers and get them published as soon as possible. Once the paper is published it is in the public domain now and thus cannot be patented even it is something new like an invention. Patent knowledge will help you identify the research that is patentable in India and abroad for yourself; your organization and others. It will also help you in possibly identifying white gaps or patentable ideas in technology if you can do a technology landscape search. Many technologies are built upon previously existing technology, but what is the previously existing technology is protected by a patent by someone else. You can find this out by Freedom to operate patent search. There are much more applications of patent knowledge in further research, people have basically written a book on this subject. So, in 1 line: Yes, your knowledge on patents will be highly useful in doing further research.
This article is by INDIAN INSTITUTE OF PATENT & TRADEMARK
