“THE PATKEY SHOW” is a YouTube episode series for everyone who has an interest in Indian Patent Agent Examination. The show is hosted by Cheshta Sharma and Kirtiman Sharma. In this episode, they have answered 3 most frequently asked questions regarding Patent Agent examination :
- Will I be changing my field by becoming Patent Agent?
- What is the difference between Patent Agent and Patent Attorney?
- Is a patent attorney better than a patent agent?
CHESTHA SHARMA
Let’s say you are an engineer and you are working with BMW. So like you work in quality control, you work in RND. So you are not changing your field, you are working inside a BMW. Similarly, all the companies have a patent Department and IP Department. So it is a Department inside BMW where they are continuously innovating at how and better a car design can be made.
KIRTIMAN SHARMA
Hey guys, this is Kirtiman Sharma. And today we are starting a new series on patent agent examination preparation for this year. Patkey in this series, what we are going to do is we are going to answer some frequently asked questions asked by you guys, all of the questions are real and you can answer more questions in the comments below. So without any further Ado, I’m Kirtiman Sharma. And with me, I have Chestha Sharma.
CHESTHA SHARMA
Hey, we have created this session so that we can answer your questions. And let’s begin.
KIRTIMAN SHARMA
The first question which I’ve received is will I be changing my field? So people ask me all the time that they are from some biotechnology field, some pharmaceutical field, some mechanical engineering, whatever. And by joining patent agent examination training they will become a patent agent. Is patent becoming patent agent going to change their field forever? And are they going to use their knowledge of their graduation ever again? So this is the major question. So what do you have to say about this?
CHESTHA SHARMA
So actually what are patents? Patents are like rights that are granted to an invention. So inventions are in every field. Maybe you are from biotechnology, you are from engineering, you are from Pharma. So every innovative company, every technological company, they have its inventions and innovations going inside. Let’s say you are from a chemistry background and let’s talk about ancient paints. So ancient paints is continuously innovating coming up with new inventions. So as a patent agent, when you work inside these companies, so you are working inside, let’s say ancient paint. So they are innovating on a particular type of technology. So you are organic chemistry or inorganic chemistry expert. So when you are working on inventions, you are actually more scientifically involved in the innovation process. So you have to carefully and in-depth understand what is the invention all about? What is innovation? And then how our best strategy we can define for our company to get a patent over that. Let’s say you’re an engineer and you are working with BMW. So like you work in quality control, you work in RND, so you’re not changing your field, you’re working inside a BMW. Similarly, all the companies have a patent Department and IP Department.
CHESTHA SHARMA
So it is a Department inside BMW where they are continuously innovating that how and better a car design can be made or how a better battery system can be made. Right? So as a patent agent, a lot of inventors and RND people will come to you, they will approach you with their intervention with their innovative ideas. And your job role is to help them to help increase the innovation. So you are more scientifically inclined and I would say it is more towards your core field rather than being away from it is more into a core. You’re not doing any back end or support process. You’re actually in the core of innovation, trying to come up with a better combustion engine, trying to come up with better paint, trying to come up with a better drug delivery system in a Pharma company. So I would rather defer and I would say this is into the core of your field rather than changing the field.
KIRTIMAN SHARMA
Yeah, that’s much better. Because generally, people do when they want a job, they do very focused things while becoming a patent agent. You are helping other inventors. So you are at the forefront of innovation and you’re meeting so many inventors every day looking at their inventions which are not even in the market yet.
CHESTHA SHARMA
Right.
KIRTIMAN SHARMA
You are at the core real core. This is absolutely not changing a field.
CHESTHA SHARMA
This is absolutely not changing a field.
KIRTIMAN SHARMA
Yeah. If you do not have your core field, in fact, you cannot become a good agent.
CHESTHA SHARMA
That is why they have said for the patent agent you should have a science or engineering degree because it is core to your science and engineering and technology.
KIRTIMAN SHARMA
You cannot become a patent agent if you do not have a science degree. Alright. I think that question is answered.
CHESTHA SHARMA
Yes.
KIRTIMAN SHARMA
Let’s move on to the next question. So yeah, people are confused between a patent agent and a patent attorney.
CHESTHA SHARMA
Okay.
KIRTIMAN SHARMA
What is the difference between them?
CHESTHA SHARMA
Okay, so patent agent you have a science degree, and patent agent examination is conducted by the Indian patent office. So they say that you are authorized by the Indian patent office to practice and to give consulting in India. Right. So you are authorized by them. You have all the knowledge of all the steps and how you can get a patent over that. So patent attorney has to be a patent agent. Plus they need to have a law degree extra. Right. So let’s say you have a science degree, then you qualify for the patent agent examination. You become a patent agent with just patent agent qualification. With your science degree, you can practice. And then if you add an LLB degree, you want to go into infringement cases. You want to fight a court case into the court of two technology companies fighting like Facebook versus Twitter or Apple versus Samsung. Then you need a law degree for infringement cases and then you add a law degree and then you become a patent attorney.
KIRTIMAN SHARMA
So do I need to become a lawyer then?
CHESTHA SHARMA
No, you don’t need to become a lawyer. Look, lawyers mostly work in infringement cases. They need to go to court and take up the cases. But as a patent agent, you can have an entire career you don’t need to do an LLB degree.
KIRTIMAN SHARMA
All right, so some people also say that a patent attorney is a senior person and a patent agent is a junior person.
CHESTHA SHARMA
Is that no, I wouldn’t say it’s about senior and junior. It’s about the kind of work you want to do. So if you’re more inclined towards helping inventors get their understanding about technology, get them the patent registered then you are a patent agent and if you want to explore into courtside you want to move into litigation then I will say you’re changing your scope of work right now. You are fighting corporate cases, then you become a patent attorney. So what kind of work you choose, what kind of work you want to do on your daily basis. So are you the one who loves to involve with science and technology? Then you become a patent agent and make an entire career out of it. If you like litigation, fighting court cases then you become a patent attorney. Otherwise, nobody is senior and junior. It is just different scope of work.
KIRTIMAN SHARMA
I think that question is cleared now. The third question we have taken today is somebody’s asking that I cannot become a patent agent because I already have a job. I think basically what they mean is this is an examination conducted by the government and once I qualify for this exam I have to do some job, right? But I’m already on the job. I already have a job and I like it. So why would I need to become a patent agent? Or if I become a patent agent then should I leave my previous job, start a new job? What is this? What is happening?
CHESTHA SHARMA
Okay, first of all, agent examination is an examination that gives you a certificate that you’re authorized by the Government of India to give consulting and to practice patents in India. Okay, so first of all you’re doing a job. You can contribute to whichever corporate house you’re working for, whichever company you are working for, you can now contribute more to the growth of the company by helping them increase innovation, by helping them give them more patentable ideas, and maybe helping them draft patents. So there’s no need of changing jobs. You can help the same company grow. Number two, even if you are, let’s say you are in, let’s say quality control. So this is an added certificate that adds up to your resume which increases your credibility in the market that you have extra qualifications like most of the people they are currently working and they do MBA degree for growth in their career. So this is like a growth certificate which is issued by the government of India which is more prestigious than any University in India. So it has got more prestige that you are authorized by the government of India. So there’s no need to change job.
CHESTHA SHARMA
And further, if you feel like of course it’s an added certificate and patent agents are huge in demand. You can change your job. You can work for a better corporate household. Even you can start your own consulting. That’s what I would suggest to all of my students whom I mentor. That the ultimate goal is that you start your own consulting and help more and more inventors of different companies, more startups to get their innovation registered as a patent in India or as a Pct application at WIPO.
KIRTIMAN SHARMA
So if I don’t want to start my consulting and I qualified for this examination, what do I do now?
CHESTHA SHARMA
Look, this is an added certificate, right? Like you have BSc, MSC, you have a degree so you have an added certificate in your qualification on your resume. It will look good on your LinkedIn profile if you have knowledge about this domain as well.
KIRTIMAN SHARMA
Okay. You mean to say that if I have a Patent agent certification I can still continue my old job right? Probably I’ll get promotion there as well.
CHESTHA SHARMA
well yeah absolutely you’ll get a promotion, you can help more people, you can start helping them in by showcasing that you can help more in the growth of the company. Definitely, your company will not let you go so easily if you’re a very helpful person or a good employee inside the company that’s great.
