In this article, you will find out more about who a Patent Attorney is and the details behind its position.
Before proceeding, let us first understand the meaning of patent attorney. A patent attorney can be described as a highly-skilled lawyer in law handling issues related to intellectual property. This law is all about securing and safeguarding the property rights of an inventor.
Patent attorneys must pass a federal examination, better known as the ‘patent bar exam’. This kind of examination is conducted to give a certificate to the concerned personnel.
This exam provides the patent attorney with the license to present his clients in front of the US Patent and Trademark Office (USPTO) Also, all patent attorneys must pass the state bar examination if they patent attorney wants to practice independently. A professional certification can help the patent attorney to get work in the long run.
Who Is Eligible to Get Patents?
Patents are generally understood to be protective instruments and authorise or nominate the inventor in favour of launching the product or the idea in the market. Patents are given to those inventors who have come up with innovative ideas or products. Such statements or products are considered exclusive, beneficial, and non-obvious, i.e. have never existed before. You have to make the Search for Patent Names so that you have unique registered patent.
Qualifications or certifications for becoming patent attorneys may vary from one country to another, or the countries may also have separate application procedures for getting a patent. However, the individual applying for the patent receipt should have no criminal records in the past. Legal credentials can also be verified in some instances, and patents are issued on satisfactory completion of the application process. Meeting the eligibility criteria is essential while getting a patent remains quite tedious.
How Can Patent Attorneys Help You to Get a Patent?
The patent attorneys are very much skilled in creating and Filing applications for patents. At the same time, they can represent their clients in the court of law for various issues related to patents like licensing, infringement, and re-examination. They should also have know-how in one or more technical subjects, like computer science or biotechnology, which is crucial for comprehending their clients’ inventions.
Patent attorneys have the right to give their patentability views in a court of law. They must be admitted to a bar association of a state or territory or the District of Columbia. Most of the patent agents in the US live in California. Delaware is the maximum number of agents concerning the population.
Patent Attorney Vs. Patent Agent
Before explaining patent attorney vs patent agent, let us first understand the meaning of a patent agent. A patent agent also referred to as a patent practitioner, is a professional the USPTO has granted a license to advise and assist inventors with their patent applications.
Now coming to patent attorney vs patent agent, an individual should not get confused between a patent attorney and a patent agent. With respect to the norm being followed, in the US, the patent agents do many tasks the same as that a patent attorney.
Some of these tasks include representing the clients in front of the USPTO. Nevertheless, it is important to remember that patent negotiators cannot perform similar tasks to patent attorneys. Patent attorneys can work in legal settings as specified by the experts.
They can also help the inventor in prosecuting a patent violation. Though an individual can himself apply for a patent, it is recommended by the USPTO to hire a patent attorney or a patent agent for the purpose. The patent office does not give any recommendation regarding patent attorneys, and neither do they regulate the patent attorneys’ fees.
How Can Patent Attorneys Be Differentiated?
Before delving into the details, it is essential to know that intellectual property rights and verification remain different from getting a patent.
Though patents can be regarded as a kind of intellectual property, an individual should not hire an intellectual property attorney when he requires a patent attorney in the first place. This is because it is not needed for Intellectual property attorneys to pass the exam of patent bar. They are also not licensed by the USPTO, and they may not possess any specific or technical knowledge with respect to patents.
Required Qualification of a Patent Attorney in Some Countries
- Japan: In Japan, the patent specialists are called Benrishi, and they must appear for a qualifying examination to receive the title. Benrishi can practice different types of laws related to intellectual property like patents, copyright, trade secret, trademark, unfair competition, etc. They also have the right to represent their clients in arbitration and litigation within the region that the Patent Attorney Law in Japan has specified.
- India: A qualifying examination is conducted by the Indian Patent Office every year to register a patent agent. The individual should have a degree in science or a technical degree to appear for this examination. Some other eligibility criteria include the individual should be a resident of India and should be 21 years old. Also, advocates possessing a degree in Engineering and Science are regarded as Registered Patent Attorneys. In India the Patent Utility has important position in Buisness.
- Canada: In Canada, an individual should complete four qualifying examinations to become a registered patent agent. As of May 1st, 2014, a patent agent trainee can appear for the examination if he is a resident of Canada and has also worked in Canada in areas of patent law norms as per Canadian province, including preparation as well as prosecution of the applications for a minimum of 24 months. An individual can also qualify for the examination if he is a Canadian resident and is employed for a minimum of 24 months at the patent office in Canada for examining staff.
- Australia: Patent attorney registration in New Zealand and Australia is governed by the ‘Trans-Tasman IP Attorneys Board’. To apply for becoming a ‘Trans-Tasman patent attorney’, an individual has to pass all the nine topics specified in Schedule 5 of the Patents Regulations 1991; the individual should possess an appropriate tertiary educational qualification in areas of technology that comprise potentially patentable subject matter; At the same time, the applicant should be a resident of New Zealand or Australia; has been in employment for a minimum of 2 continuous years in a position or different positions, or should be employed for two years within five straight years which helps the individual to gain experience in areas like drafting of specifications for patents.
Conclusion:
An inventor needs to appoint a patent attorney if they are interested in taking a patent. Processing of a patent has an eligibility criterion, and the application process of a patent varies according to country-specific. An investor needs to have a unique approach to bringing products into a niche market. A patent can protect the interest of the inventor.
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