Despite the reality that the terms “Patent Agent” and “Patent Attorney” are often related to one another but there are important differences between the two. They differ in terms of their qualifications and functionalities.
Why an innovator needs a Patent Professional?
In order to protect and sell an invention in India, the inventors have to first obtain a patent in India (or abroad as well). Before reaching the promised land of a patent registration or grant, one has to discover the complicated path of patent filing and patent examination. Because no one knows the invention better than the inventor, he may choose to explain it to the public and the examiner. But it isn’t as it seems.
Patents are interlinked with legal and technological understatements. As a result, hiring a professional who is familiar with creating patent specifications, infringement analysis, deadlines, patentability requirements, paperwork, and costs are often recommended.
Furthermore, hiring an expert patent attorney or patent agent is critical since making the wrong choice could result in the loss of your effort, competitive advantage, right to stop infringing parties, revenue, or an invention.
Patent agents and patent attorneys are two very different types of professionals.
Patent Agent
1. Patent agents cannot give legal advice to a client.
2. Patent agents are authorized to prepare and file a patent application on behalf of their client.
3. Patent agent must have a science or engineering degree.
4. Patent agent practices before the examiner.
Patent Attorney
1. Patent attorney is licensed to give legal advice and represent the client in court if necessary.
2. Patent attorney is not authorized to file a patent which means they are not entitled to do patent prosecution.
3. Patent attorney must have a law degree.
4. Patent attorney practices before the court.
Is a Patent agent better than a patent attorney?
Advocates were prohibited from working as patent agents as a result of the 2005 Amendment unless they have a scientific degree, then they can file patent applications on behalf of their clients and are not required to register as a patent agent with the Patent Office.
But I’ve known a lot of patent agents that are better than patent attorneys. They do more of the difficult work of preparing, drafting, and filing the patents… they’re the workforce of the industry. They make lawyers appear good from behind the scenes. They are extremely knowledgeable and skilled in their field.
I hope you find this blog useful and informative. If you still haven’t gotten the clarity or queries related to patent agent examination and Intellectual Property Rights, feel free to ask your questions down in the comment section. And don’t forget to register yourself on our website – www.iipta.com and begin your journey into the world of intellectual property.
