Patent Agent.

Patent Agent.

The function of a patent agent are both technical and legal. The patent agent is therefore required to be qualified in science or engineering or technology and also the patent law through an examination conducted by the central government. Until 2005 advocates were permitted to apply for the patents on behalf of the client and also draft the specifications and claims in additions to practice and conduct the cases. Subsequent to the patent amendment act 2005, the following are the qualifications to register as a patent agent:

1.      Citizen of India

2.      21 years of age

3.      Graduate in science or Engineering or technology

4.      Should have passed the written examination conducted by the central government on patent law.

5.      Should have functioned as a controlled or examiner for atleast 10 year and should not be holding that post.

However patent agent inducting advocates who had registered prior to 2005 can continue to function as patent agent with the requisite renewal. The patent agents are required to apply for registration to the controller of the patents Kolkatta. Annual renewal with the prescribed fees is mandatory. On examination of the applications the controller shall grant the certificate of registration and publish the names of the patent agents in the gazette periodically and also maintain a register of patent agents.

Only individual are permitted to register as patent agent. A firm can act as a patent agent provided all the partners of the firm are registered patent agents. A company cannot register itself as a patent.

The patent agents can prepare the application for the patents draft the specifications and conduct the cases before the authorities without the attestation and signature of the paten agent patent. Application, specifications and claims shall not be received by the controller. The patent agent has to prepare all the documents and sign them. Certain document can be signed only by the patent agent, without the patent holders or investor’s signature.

The following documents must necessarily have signed by the applicant:

1.      Application for the patent

2.      Application for restoration of lapped patent

3.      Application for restoration of patent after the time allowed has expired.

4.      Application to amend

5.      Application for compulsory licenses or revocation

6.      Notice of surrender

The proceedings connected with the patent are legal and technical, Hence the patens agent should be convergent with both detailed discussions between the applicant and the patent agent on various aspects of the invention are necessary before drafting and filing. The applicant may not be competent or capable of drafting the claims in a legally acceptable form and hence the patent agent role is very crucial.

Also the time schedules under the patent law are many cases in spite of the discretionary powers of controller. Certain default have no remedy at all, also failure to attend the patent proceeding may result in ordinate delays and endanger. The grant of the patent” thus the patent agent should act with utmost case and responsibility any negligence mat cost the applicant. The degree of knowledge and care required by the patent agent are compared to those of a highly qualified person practicing with this high sense of duty and responsibility.

If the patent agent is found to be negligent in the use of his skill and experience or if he fails to exercise the necessary care and vigilance, he will be held liable for beach of duty towards his client.

            In cases where the patent agent fails to take precautions there by allowing the application to                lapse, the count may hold the negligent patent agent liable for damage.