“THE PATKEY SHOW” is a YouTube episode series for people who have a keen interest in Indian Patent Agent Examination. This show is hosted by Cheshta Sharma and Kirtiman Sharma. In this episode, they have answered 3 most frequently asked questions regarding Patent Agent examination :
Q1. How to prepare Patent Drafting Questions?
Q2. Can you give me tips to answer MCQs?
Q3. How to answer the Case Study Questions?
Cheshta
You don’t have to go and start reading patent act 1970 on first day that will be you will give up. Hello and welcome to the Patent Show. In this show we answer tips and tricks to qualify Indian Patent Agent examination conducted by government of India. Hi, I’m your host Cheshta Sharma and this is Kirtiman Sharma. And welcome to the new episode of Patkey Show.
Kirtiman
All right. As promised, today’s three questions are let’s get into the first question directly. Cheshire. The first question today is how to prepare for patent drafting questions.
Cheshta
Okay, I see. This is one of the common questions students have been asking me also on my LinkedIn page and how to answer drafting questions. So patent drafting from the paper point of view, it contains invention, right. There will be given an invention of approximately like one and a half page 2000 words. So there’ll be a choice between page and drafting questions because people from different backgrounds appear for this examination. So generally there’s a choice that there’s a general science question and then there’s a little engineering based question which is of some kind of product. So let’s talk about in previous year. So there has been a choice between, let’s say one invention was of composition of a shampoo and there was a choice given between design of a water sprinkler in the garden. Right. So first of all, you have to understand that what is your background? Which area you are comfortable with while answering the drafting question. So you have to choose the first step is to choose which type of invention you are able to understand. If you are from engineering background, generally students would prefer some design which has a lot of technical specification because from engineering perspective it is easily to comprehend that if you are from general science background, then yes.
Cheshta
Here’s shampoo composition which is of basic level chemistry and science from 11th and 12th level, which is also very easy to understand. Then step number two is reading the invention with patience. Take a pencil or a pen in your hand and try to read it. There’s no need to hurry because hurry will not solve your purpose. You have to read each and every line. So devote ten minutes to read those words and try to understand what is the invention. Third pointer is try to identify what are the novel features of that invention as compared to the previous invention which is described. Right. So it is easy language. So there’s no need to panic or there’s no need to worry that time is ticking off. No. Generally a patent drafting question, you can keep yourself 40 minutes, right. So ten minutes, 15 minutes will go in reading. Okay. Then once you’re reading, try to identify the novel points. Right. So try to identify five novel points. That is enough because you don’t have to draft more than five claims in the paper. In actuality, we have to draft all the claims when we actually draft a page for a client.
Cheshta
But from an examination point of view, you have to draft just five claims. That means if you are able to identify five novel points, you’re good to go. Right. Then you can do a little bit of your rough work, that these are the points, and then create one independent claim and create four dependent claim on the invention. That’s it. You’re good to go. And apart from that, there will be just a title which you need to draft and five claims. And that’s it. In 40 minutes, you will be able to answer this question very easily. And to practice of this question about the reading speed and the timing, you need to solve all the previous papers. You can take any patent from Google patent, see how the claim looks like. So this is a very general tip which I can use.
Kirtiman
Yeah. There’s a whole section which we cover for patent drafting. And I see a lot of people just want to do this patent drafting. What you need in patent drafting is practice, paid and drafting. I read somewhere it was written that it is as much as science then also it is also an art because Patent drafting is something that whatever is written in the draft, that is only the thing which is protected.
Cheshta
Right.
Kirtiman
Whatever else is written in the patent is not protection.
Cheshta
Right.
Kirtiman
What is written in the claims that you draft, that is the only protection you get. So help your client, who is going to be the inventor, get the maximum amount of protection that they can give. I will probably do a detailed video. I think these now questions are not no more those questions that they want to fill the Patent agent examination and they are not able to fill. Now the questions have started coming which are technical. So I think we’ll change the format of the show a little bit and answer these questions much more specifically. Right. And also I wanted to just ask you you mentioned your Facebook LinkedIn profile where people ask you questions. What is that?
Cheshta
I have a LinkedIn profile where I have a network of IP people because I’ve been in this industry since 13 years. So a lot of people DM me or they put me a question.
Kirtiman
Ma’am, I need your help in how to practice for you’ll see the link to the profile of Cheshta Sharma. You can probably connect to her. And also you’ll see the link to Indian Institute of Patron and Trademarks page linking page. You can connect there. Also we put a lot of videos and content there also. All right, let’s move to the next question.
Cheshta
Yeah. And definitely we can do a separate video on this. Give me more tips.
Kirtiman
Yeah, we’ll do that. Okay. So again, the next question is also very similar, which is like technical. Can you please give me tips to answer MCQs ?
Cheshta
okay so MCQ generally they come in paper number one so there are two types of MCQ in paper one first type is that only one option is correct out of four options and next MCQ is much trickier where there can be more than one correct answer so that is more tricky as compared to the previous MCQs because they can be like three correct answer or maybe all four answers are correct so tip is that yes your patent act 1970 you should be thoroughly able to understand and interpret it’s not that you have to wrote it you don’t have to cram the language no you will not be able to answer MCQs by cramming you will be able to answer MCQs because they are case study based they will be situational based because you are actually giving situation in a real basis when you practice as a paid agent so quick tip in that is that yes Patent Act 1970 should be thorough and inside Patent Act 1970 people ask me because it’s little vast so I would recommend study all the 30 forms there are total 30 forms in Indian Patent Act 1970 so all the 30 forms what are their sections?
Cheshta
What are the rules and how they are used for?
Cheshta
If you’re able to do that I think you will be able to qualify your paper one with at least like 80 marks if you are thorough with the 30 forms.
Kirtiman
I just wanted to ask you something to answer this question how to answer MCQ and you were saying that you have to be thorough with the patent act and all but you still don’t have to cram it I remember that you tell about a method called SSL method something where see this examination is legal base but it is supposed to be given by who?
Cheshta
Science students
Kirtiman
Only science students are eligible to give this examination so there is a sequence of learning what is the sequence? Can you please tell me?
Cheshta
We at IIPTA because we have experience in this industry so we have developed our SSL method that is “Sequential Step Learning Method” in that I suggest my students that you don’t have to go and start reading patent at 1970 on first day you will give up. because you are coming from a science to understand legal language it is stuff trust me stuff I also come from science background so when I teach my students when I mentor my students. So I follow that I teach them the basic concepts let’s say I will teach them what do you mean by unity of invention then? Second step is I’ll give them an example of what is a unity of invention then I will move on to section number 10.5 of Indian Patent Act 1970 which describes what is unity of invention in legal terms then the next step will be then I will say if the unity of invention is not being done then what you should do then I will say, I will teach them the concept of divisional application. Then I will tell them, form no one is there to be fulfilled.
Cheshta
So this is a complete steps, that concept, example, legal text, procedures and forms. So we follow these five steps. You cannot go to form number one on day one. You cannot read section number 10.5 on one day, and expect that you will understand. So we follow this step method through flowcharts, through diagrams, through tables, through case studies, examples. Because you’re a science student, this is the best way to learn.
Kirtiman
Yeah. All the legalities which you read, all the law, they are basically written in a way that there is no two minds. This is not correct. This is correct. So it’s written in a manner that the definition of everything is fixed. So that is why it’s a little complex. But everything has a concept first. So you need to understand the concept first, then understand the concept without the law, but with an example.
Cheshta
Right.
Kirtiman
If you understand this concept, with the concept and the example now, laws can be different for different countries. That is all. Okay. You will understand everything because you understand the concept.
Cheshta
Unity of Invention is a global thing, It’s not only in India, It’s every country. Ever if you go to US or Europe, it is applies to every country.
Kirtiman
Yeah, So follow the SSL method. You can follow the SSL method yourself. Right?
Cheshta
Right.
Kirtiman
Let’s move on to the third question. This is again a technical question and that is: How to answer case study question.
Cheshta
Okay, So paper-II has two type of questions. One is patent drafting and second is case study questions. Case study questions are like one question of 10 marks. Right, so they give you a very long situation which you will actually face when you practice as a patent agent. For example there’ll be a situation that a client has approached to you with his invention, of let’s say water bottle and he wants to file patent in India, US, Australia, Japan and China. So as a patent agent what would be your advice? So this is one of the examples of the case study question.
Kirtiman
So, what they are asking you, What kind of work you’re going to do and they’re giving you a scenario of that. So you think that you’re already a patent agent and you already have a consulting firm and then somebody has come to you and asks you something. So this is real life case study and this is fun.
Cheshta
Yeah, This is very fun and this is actually your work when you qualify your examination. So they will give you what is the scenario, What are the things happening and How would you respond to that as a patent agent or if there’s some FIR. These are the objections and How would you reply to that first examination report, what will be your procedural things and what will be your scientific arguments to help your inventor or client in this case. So case study base question tips is you don’t have to fill in pages thinking that it’s a 10 marks questions. No absolutely Not!, You’re into very procedural work and there are steps to that. So you don’t have to write 10 pages. So you’ll get 10 marks. No even you write 10 page and that make no sense, you’ll get a zero. In our SSL Method, we follow the flowchart method, so for everything there’s a flowchart and diagrams or a table and also we have to time management. So we can not waste our time in writing pages. So I always recommend once you get the situation, You can remember what was the flow chart which we mentored you which I taught you in the class, so you can just draw that flowchart. Write the necessary form, fees, details and your answer will be good to go and your answer will only come on one page and that’s it.
Kirtiman
So, that’s it for today. See you in the Next episode.
