Best Patent Attorney India - Biswajit Sarkar

1. Despite the fact that the terms patent agent and patent attorney are frequently used interchangeably, there are significant differences between the two. They differ in terms of their qualifications and the functions they are capable of performing. This article will explain the differences between the two and their roles in the patent prosecution and litigation processes. A patent agent is a person who is qualified to prosecute patents (i.e., draft and file a patent application). Because drafting a patent necessitates both technical and legal knowledge, only someone qualified in both fields will be able to carry out the duties of patent prosecution. A patent can be prosecuted in India by using a registered Indian patent agent. The Indian Patents Act of 1970, Section 126, specifies the requirements for becoming a patent agent. The following are the legal requirements for becoming a patent agent:  Be an Indian citizen; have reached the age of 21; and have earned a degree in science, engineering, or technology from any university established under Indian law in force at the time.  Have passed the required qualifying exam for the position.  The Patent Agent Exam, which is held every year by the Controller General of Patents, is the qualifying exam mentioned in point (d). In order to become a registered Indian patent agent, you must pass this exam.  Two things are crystal clear from the preceding qualifications: It is not necessary to have a law degree to work as a patent agent. A science, engineering, or technology degree is required.  A person with a law degree does not automatically qualify as a patent agent unless he meets the requirements listed above. What is a patent agent's job description?  As previously stated, a patent agent is qualified to prosecute patents. The Indian Patents Act, 1970, defines the role of a patent agent in section 127. A patent agent is entitled to the following benefits under Section 127:  Prepare all documents, transact all business, and perform such other functions as may be prescribed in connection with any proceeding before the Controller under this Act, and practise before the Controller. What is the role of a patent attorney?  To begin, it is important to note that the term "Patent Attorney" does not appear in any Indian statute. In fact, the terms "patent attorney" and "patent agent" are frequently interchanged. An attorney, on the other hand, is a representative. As a result of this, a patent attorney is a person who, by virtue of holding a law degree, is qualified to deal with patent litigation. An advocate is a patent attorney or patent lawyer. This means that a patent attorney is someone who has a law degree and has registered with a State Bar Council as an advocate who can handle patent

2. litigation. What is a patent attorney's job description?  A patent attorney's job is essentially the same as that of an advocate. As a result, a patent attorney is qualified to handle patent litigation. A patent attorney is a lawyer who represents patent cases in court. It is important to note that a patent attorney is not permitted to file a patent application. This means that a patent attorney is only allowed to handle the litigation side of patents and not the prosecution side. The Patent Attorney's job is to help their clients obtain effective intellectual property rights for their innovations and developments, as well as to provide advice on other people's intellectual property rights. As a result, one of our main areas of work is to represent the client before a number of patent offices and to assist in the filing and prosecution of patent, design, and trade mark applications with the goal of securing the client's broadest valid rights. However, we also provide advice on the enforcement of intellectual property rights, which includes determining whether or not the rights have been infringed and whether or not they are valid. They also handle related issues such as determining the existence of rights, contesting the validity of third-party rights, and dealing with the assignment or licence of rights. They handle these intellectual property matters in the majority of countries around the world, using our overseas associates as needed. In conclusion, Patent Attorneys are a one-of-a-kind interdisciplinary combination of scientist and lawyer. We must be able to comprehend both the technical and legal aspects of an invention, which are frequently complex. They are well-positioned to advise on a wide range of issues such as intellectual property portfolio management, overseas filing strategies, design-around options, licencing, and settlement negotiations because the work we do is usually commercial in nature.