A patent agent is a person who is registered under the patent act as a patent agent. To understand the meaning of the term ‘Patent agent’ in simple terms, it can be defined as a person who files a patent application. He helps to prepare the documents; including drafting, filing, and prosecuting an application before the Controller on behalf of any person who wishes to get a patent.
To carry out the procedure, a Patent Agent India should be registered to practice by submitting an application as specified under the Patent Rules in front of the Indian Patent Office.
Qualifications needed for becoming a Patent Agent in India
For a person to qualify as a patent register, he shall meet the criteria specified under the government law. The qualifications that are required to be a patent agent are as follows:
- He must be a citizen of India.
- He should have to complete at least 21 years of age.
- He should complete a degree in Science, Engineering, or Technology from any recognized university.
- Final-year students can also apply for this post provided they have received the marks online and pass certificates are delivered within 2 months.
- He should have to pass the qualifying examination that is taken for this job role.
- He should pay the prescribed fees for the examination.
Role of a Patent Agent
Every patent agent whose name is entered in the register is entitled to the following rights as the law of the Government mentions.
To practice before the Controller;
- applying for or obtaining patents in India or elsewhere;
- preparing for other documents for the purposes of the Act or of the patent law of any other country;
- giving advice other than of a scientific or technical nature. To validate patents or their violation.
To prepare all documents, transact all business, and discharge any other function about any proceeding in front of the Controller.
Procedure for registering as a Patent Agent
The following are the procedures to declare oneself as a Patent Agent India.
Application for the Exam: A person shall request the Controller and pay the requisite fee as provided in the First Schedule. If the person intends to apply online, then he shall pay approximately Rupees 3,200, and in the case of the offline mode of application, payment of Rs. 3500 is stated. After making the payment, the details of the said payment shall be provided to the Controller in order to appear for the required qualifying examination.
Particulars of Examination: The Indian patent examination conducts an exam once every year. The examination shall consist of the following:
1) A written test that the office of the Controller shall conduct. It comprises of Paper I and Paper II for 100 marks each. The Papers have both Objective and Descriptive type questions. The first paper is based on the Patent Act and Rules. In contrast, the second paper is more practical in nature relating to the drafting, interpretation of patent specifications, and other descriptive questions. A candidate must score a minimum of 50 marks on each paper to pass the examination.
2) A viva voce is conducted for 50 marks. The questions asked are based on the knowledge about the field. To qualify as a patent agent, a person should secure an overall 60% aggregate of the total marks.
The examination result is usually announced two months after conducting the examination. The results are announced on the ministry website of the Office of Controller General of Patents.
Registration: After submitting the Form 22 application, he should submit other proof details like citizenship proof, character certificate signed by any gazette officer, proof of the degree, and the admit card of the exam. The Controller verifies the documents, and he gets registered.
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