qualification for patent agent

Dear Aruna

Advocate has more professional rights than patent agent. For filing purpose one has to become agent. But when opposition or litigation comes. Agent cannot have a right to fight. One has to retain advocate for this purpose. so dear, do not worry for becoming patent agent. 

Sahilendra,

I agree to what you have said. However I would like to make few observations.

1. An advocate with scientific background would be able to do justice during opposition or litigation. I very much doubt if an advocate having arts or commerce background would be able to effectively oppose or litigate a technical matter which a patent encompass.

2. If the patent agent has effectively drafted specification and claims, there are remote chances that such a patent will be challenged. The competitor would think several times before challenging a patent. Patent litigation is a costly affair.

Mahek, if you are really interested in making your career in patents I would advise you to become a patent agent and also enroll yourself in a law school. Patent lawyers with scientific/technical background are a rare commodity!

Please visit for patent and trademark agent examination the following websie:

www.ipindia.nic.in

The Indian Patent Office announces the Patent and Trademark Agent Examination Dates.

Dear Mahek,

You are eligible for Patent Agent Examination.

There is always a point made by Patent Agent and Advocate as well.

I am B. Tech. in Mech.Engg. and also pursuing Ph.D. (Law) after LL.B. and LL.M. (IPR). I want to clear the difference between a Patent Agent Examination and an Advocate.

Patent is a techno-legal document.

For applying patent for an invention, a person has to see whether it is fit for patent from point of view of science, engineering or technology. So Patent Office requires qualification in science, engineering or technology for Patent Agent Examination.

While a law degree is required to practice in court. In court, if you want to argue the patent related cases, you have to be a practicing advocate there.

So, Patent Agent sees the technical side and an advocate sees the legal side.

If one has a degree in science, engineering or technology and also in law, he/she can practice in both the fields.

As you have degree of BDS, you are eligible for Patent Agent, not an advocate.

If more information is required, please contact: spashok1@gmail.com