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N.K.Assumi (Advocate)     20 April 2013

Lawyers eligible to appear patent/tm agent examination?

Are lawyers and advocate eligible to appear Patent/TM and copyright examination?


 4 Replies

Sy.patents (Freelance)     20 April 2013

there is no examination for copyright.


Advocates can enrol themselves as TM agents without writing TM agent examination.


From the recent judgement of Madras HC, one tends to interpret that advocates with science/tech degree can become patent agents without appearing for patent agent exam. However this position needs to be clarified by patent office. Otherwise an advocate/lawyer with science/tech degree can appear for patent agent exam, but not an advocate with non-science degree.


I have my own reservations on MHC judgement as considering the nature of the work, especially related to patent drafting, I feel that advocates with science/tech background should not have been exempted from patent agent exam.

Rajesh Hazra (Mediator and Legal Counsel )     22 April 2013

Dear Sy Patents

But is there any such Notification or communication to the effect that Advocates with Technical or Science background do not need to appear for Patent Agent Examination ?


Sy.patents (Freelance)     22 April 2013

Not that I am aware of, you better check with the patent office.


I indicated the way one might like to interpret the judgment. You might like to read the judgment yourself.

SP.Chockalingam Vs.Controller of Patents & Union of India, W.P.No.8472 of 2006 Madras High Court

1 Like

Adv k . mahesh (advocate)     26 April 2013


According to the Government of India, minimum qualification to appear in the patent agent exam is – “Any Science Graduation”. There is no mention of any Law graduation or legal knowledge. This clearly indicates that patent agent is supposed to be a person with technical knowhow, which is good as patent are actually protection of “Technological Inventions”.


The Patent Act 1970 to be exact.

the law revolves around technology and inventions. It revolves around – what is invention? What are you rights as an inventor? How to protect invention? And what can be done if somebody steals your invention etc. So it is actually very interesting for every science person and not difficult.

If you are law graduate and think it will be easy , Try this and you might fail. Firstly; if you are a lawyer; but do not have an additional science degree, your application to appear in the Patent Agent Exam will be rejected by the Patent Office of India. Secondly, good patent claim drafting is not easy if you do practice it well and have good guidance.   Law will only tell you, what is the definition of claims of a patent? Lastly, in viva voice, you will be asked question which will be intellectual property or patent aspectsof different technologies and science.  for patent agent no  Law Degree is required and Understanding the invention – easy because you are a science graduate.for patent attorney Law Degree is required . Science Degree also required. If there is an infringement, i.e. someone is stealing someone else’s invention; patent etc. a patent attorney will be representing the client in the court of law.

The person is eligible to apply for the examination under the Trademark Act 1999, if he has completed 21 years and should be a graduate in any university in India or any other equal qualification or should hold a degree in law.

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