Patent attorneys India
Patent attorney, qualification and other important information
Patent attorneys are termed to be one who is said to have specialized qualifications that is necessary to represent clients for obtaining patents and to act in every procedure and manner related to practice and patent law, like filing an opposition. This term is utilized in a different way in different countries. Hence, it might or might not need similar legal qualifications like that of the general legal practitioners.
Moreover, in some of the jurisdictions, the titles patent lawyer and patent agent is used. The terms could be interchangeable for some of the jurisdictions, however, in others, latter could be utilized only, in case, the latter is only used if the individual qualifies as lawyer.
Qualification of patent attorneys India
A person in India, who is registered for practicing before the Indian Patent Office has been called as ‘Registered Patent Agent’. He also is called a ‘Patent Agent’. However, specifically, Indian Patent Law does not mention ‘patent attorneys’ designation. Patent attorneys India could be regarded as a counterpart of Patent Attorneys in Japan, EPO or Australia.
The Indian Patent Office is known to conduct qualifying examination for yearly patent attorneys India registration, which is known to be held twice a year previously. According to the Indian Patent Law, the individual having plans to appear to qualify the patent attorneys India exam is to compulsory have a technical or science degree. The other eligibility criteria tend to include the individual being a valid citizen of India and being of age 21 years. Approximately, there are around 2,000 patent attorneys India, who are registered in the country as on 1st April, 2010.
A decision that was taken by a single judge of the High Court of Madras stated that patent attorneys having proper law degree only from recognized university would have the right for filing, appearing and to undertake all types of responsibilities of that of patent agent. Moreover, the single judge is also known to have rejected a contention that for appearing before Patent Office, the advocates are required to have extra specific technical or science qualifications, besides qualifying an examination.
Procedure and requirements for patent application filing in India
- Ordinary application: One has to enter applicant’s (individual or company) with complete address; inventor’s details with address; full specifications, description, abstract, drawings and claims.
- Convention application: It should contain the details of the applicant (individual or company) with address; inventor’s details with address; complete specification, claims, drawings, abstract and description; priority claim details like priority country, priority date, priority application number; priority application number, priority country, priority date; applicant present and title in priority application; priority document’s certified copy and verified English translation in regards to priority document.
The idea behind a patent is exclusivity of use of the invention within a particular territory. Thus, the owner of a patent has the exclusive right to stop others from making, selling, offering for sale, importing or using the patented invention in any other way. This however applies only for the term of the patent within the country where the patent has been obtained.