Read this blog to know the essential differences between a patent attorney and a patent agent in India.
Do you know that a patent is a protection for your business? Right of patenting is available for all business owners operating within a specific market segment. You can only take a right to a patent if you are worthy of it. But who shall define the eligibility criteria? Difference Between Patent Attorneys & Patent Agents
It is important to note that patent applications can only be approved through an authorised body. But the entire process is market-driven and restricted within a specific geography. Therefore, you can only make the application for patents within your jurisdiction.
Experts agree that patents can protect a business from its’ rivals or competitors. However, professionals from the related field agree that a patent protects the investors by offering the legal and exclusive rights to enjoy the fruits of their hard work.
With the help of patent protection, you can protect your business right from the ideation stage.
Applying for a Patent
Patent Registration India – However, applying for and establishing patent right over one’s innovation might not be easy. The process is quite lengthy and complex. There are many preconditions those need to be fully understood and fulfilled before applying or filing for patents. In India, the Patent issuing authority follows a rigorous process to validate the claim made by the applicant regarding the innovation that they have brought in.
Therefore, to convince the issuing authority to accept the claims made by the claimant, the business owner needs to be thorough.
- Firstly, the inventor on their own can apply for a patent. That seems to be the best idea. Because no one other than they will have more thorough knowledge about their innovation in the respective field.
- But to proceed that way, the applicant must have a registered business within a specific geographical boundary of the country. If the owner fails to ensure that, then one needs to appoint an authorised agent who can initiate and manage the process on behalf of the original applicant.
- Even though an authorised agent may not have the exact idea about the product or service innovation, they are expected to have in-depth procedural knowledge in a given context. The application process involves many technical and legal nitty-gritty, which individual applicants might not be well equipped to handle.
Thus, a professional who is well acquainted with the system, who knows the specifications of drafting a patent application, and also who is well informed about the fees and necessary steps to be followed, can help the applicant ehttps://vakilsearch.com/ipindia/provisional-patentnormously to apply and get a Patent granted as they can handle the situation better on account of their professional expertise.
What is a patent agent vs. patent attorney?
- A patent agent is an individual who has successfully cleared the Patent Bar exam conducted by the U.S. Patent and Trademark Office (USPTO).
- A patent attorney is someone who has completed law school, passed the State Bar exam, and also cleared the USPTO exam.
Patent Attorney Versus Patent Agent
One can hire either an Expert Patent Attorney or an efficient patent agent to manage the proceedings. However, it is essential to identify the right person to walk through such a complex field without hampering the claimant’s interest in losing a competitive edge, money, or time. And, also in case of legal infringement that person can effectively guide his/her client to fight for his/her right.
- Though the terms patent attorney and patent agent are used alternatively, they are not the same. A patent attorney is a legal expert who can advise on the legalities and legal bindings of the procedures. They can help the patent applicant by simplifying the legal implications of various alternatives available.
- On the other hand, a patent agent is qualified to handle the procedural necessities and other essential functions. The Patent Agent can guide the client regarding the patentability quotient of the owner’s invention and write the draft on behalf of the applicant. Nonetheless, the patent agent does not have the professional expertise to advise on legal matters even though they can represent their client during the hearing before the Controller of Patents.
- Typically, patent agents have technical degrees like BSc. or BTech etc. To become a qualified Patent Agent, one needs to qualify for the requisite exam and become officially registered. Before appointing a Patent Agent, the applicant must check whether their Patent Agent’s name is in the official list of Registered Patent Agents on the Indian Patent Office’s Website: https://ipindia.gov.in/patents.htm
Thus, for filing a patent for registration and granting a patent, a Patent Agent can help the applicant. However, a registered Patent Attorney can ensure better success as they are expected to be well-conversed with the procedure’s legalities. They may handle complex legal bindings better, thereby helping the applicant save time without losing the necessary edge of their client’s invention.
This is vital in the long run, as it provides the Patent owner more comprehensive and holistic protection. Because merely getting a patent does not necessarily ensure safety from a potential theft of concept or design. One must be granted a ‘good’ patent to combat such a possibility.
Only an expert legal practitioner with requisite knowledge about the functionalities of the Indian Patent system can ensure. This will prohibit possible infringement by the third party. Thereby maximising the gain for the Patent owner.
Here is what you can expect from a patent attorney:
- Such a Registered patent attorney will have the requisite degree from the law school. They will be adorned with an additional Law Degree which will enable them to understand the Techno-legal process of Patents.
- A registered patent attorney will also be entitled to send Legal Notices in case of any potential infringement of their client’s patent.
- A patent attorney can fight the case in the Court of Law on behalf of his/her client if any Infringement of the Patent is reported.
- A registered Patent attorney can also help in licensing or any other commercialisation of one’s Patent and finalise legal agreements or infringement cases.
Thus, even though a Registered Patent Agent and a Registered Patent Attorney could have similar functions and serve the same purposes, undoubtedly, a registered patent attorney can ensure better success by offering more comprehensive assistance to their client.
Conclusion
A patent attorney can be different from a patent agent. Conceptually overlapped, an applicant is, therefore, expected to know the legalities of applying for a patent. The eligibility criterion is essential, coupled with a thorough knowledge of the related proceedings associated with the application of patents.
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