What is Indian Patent Agent Examination?
Every year, the Indian Patent Office (IPO) conducts the Indian Patent Agent Examination, which requires a thorough knowledge of Indian patent laws, patent claim drafting capabilities, and interpretation abilities.
Only those who meet the qualifications stated in Section 126 of the Act are eligible to apply for the Indian patent agent examination. The applicant should choose the most convenient location to write the exam, which is normally held in five cities: Mumbai, Delhi, Nagpur, Chennai, and Kolkata.
The Indian patent agent examination is usually held once a year and consists of the following components:
Two Written Examinations:
The written exam, administered by the Office of the Controller of Patents, consists of the following parts:
Paper-I (100 marks)
Paper-II (100 marks)
Paper-I, which is based on the Patent Act and Rules, will have both objective and descriptive type questions.
Paper-II will include questions about drafting, interpreting patent specifications, and other descriptive questions from the Patent Act and the PCT.
To pass the examination, a candidate must obtain a minimum of 50% marks on each paper. As a result, to qualify, an individual must be well-versed in the acts, rules, practices, and procedures of patenting.
Finally, if you pass Papers I and II with more than 50% marks, you will be qualified to take the Viva-Voice. You must receive a minimum of 50 marks in Viva Voice. If your average aggregate from all exams is greater than 60%, you will be appointed as a Patent Agent in India.
Who can become a Patent Agent?
To become Patent Agent, you need the following requirements:
- You must be an Indian citizen;
- You must be at least 21 years old;
- You must have completed a degree in either Science, Engineering, or Technology from any university established under the law currently in force in the territory of India, or you must possess such other equivalent qualifications as specified by the Central Government. Final year students can also apply in this respect, as long as they can show their degree certificate with all of their marks within two months of the publication of patent agent examination results.
- These degree holders are eligible to write the Patent Agent Exam:
- Ph.D. (in any of the above streams)
- You must have passed the qualifying examination prescribed for the purpose, or you must have served as an examiner or as the Controller under Section 73, or both, for a total of not less than ten years, provided that you have ceased to hold any such capacity at the time of making the application for registration.
- You should have paid the necessary fees.
What are the rights of a Patent Agent?
Sections 127 and 128 of the Patents Act of 1970 describe the rights of patent agents. These are their rights:
(I) To practice before the controller;
- To apply for or obtain patents in India or elsewhere;
- To prepare specifications or other documents for the Act or of any other country’s patent law;
- To give advice other than of a scientific or technical nature as to the validity of patents or their infringement.
(II) To prepare all documents, conduct all business, and perform any other activity stipulated by the Act concerning any proceeding before the Controller.
Indian Patent Agents are permitted to draft, file, and prosecute patent and design applications in India and under the PCT.
How can I start my preparation for Patent Agent Exam?
You will need the following materials to study for the exam:
- The Indian Patent Act of 1970. You must thoroughly familiarise yourself with all parts, rules, fees, and forms of the Indian Patent Act 1970. The manual of patent office practice and procedure is quite helpful in understanding the Act’s many aspects.
- PCT processes and practices, fees, and timelines.
- Patent specification drafting abilities.
- IPR general information, key-case laws.
If you find it hard to find all the study materials on https://ipindia.gov.in/, but the Patent agent exam is not so easy to crack; that’s why I prefer to opt for “PATKEY”; It has 7 dedicated books, modules, recorded sessions that will provide you with everything you need.
It is immensely useful to watch their Free Masterclass which will inform you everything you need to know about PATKEY: Click Here!
Career Options for Patent Agent
A patent agent who has at least a bachelor’s degree in science is an ideal candidate for the job in research and innovation-based industries. Based on his scientific degree, he can operate as a patent engineer or patent analyst in the pharmaceuticals, biotechnology, manufacturing, automobile, or automotive industries. A patent agent may work in any of the following fields:
- Patent searches are classified into several forms, including novelty searches, technological landscape searches, invalidation searches, EOU (Evidence of use) searches, and so on.
- Specification drafting, filing, and prosecution in India and PCT.
- Handling Patent opposition, Revocation, and other services.
Being a registered patent agent is advantageous for anyone seeking a long-term career in the field of patents. It brings up a load of new employment opportunities, particularly in patent specification drafting, filing, and prosecution.
How to Prepare for Indian Patent Agent Exam?
The majority of the new students have the same question. So you don’t have to be concerned.
We recommend that you begin with the basic course: Introduction to Patent Law. And then choose IIPTA’s (Indian Institute of Patent and Trademark) course, “PATKEY: Patent Agent Preparation Training Program”
Patkey will provide you with everything that is out there for patent agent examination, it is one of the most recognized course for patent agent exam preparation. It will provide you set of 7 books which include all previous year’s question papers, Patkey books cover all the major topics such as:
Introduction to Intellectual Property Rights
Why Protect IP?
Fundamentals of Patents
Patent Law in India
What can be patented?
Structure of Patents Act and Rules
Life of a Patent
Furthermore, all these topics are provided in the form of video lectures, making it very simple for you to get started. If you’re wondering how to study for the patent agent exam, PATKEY is the place to go. Start your journey of becoming a patent agent: Click Here!