A Social Venture By IIT & IIM Alumni to Support Start-Ups
A Social Venture By IIT & IIM Alumni to Support Start-Ups
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Director – IPFlair India
B.E., M.Sc.,
Dip.-IPR
Robert Gordon University,
United Kingdom
Principal Advisor & Patent Attorney
M.S. (Electronics) | Ex-GE
| Ex-Lockheed Martin
| Ex-Northrop Grumman
Senior Manager – Patent Analytics
M.Tech.,
PG Dip.
IPR GGS IP University-Delhi
Integrated B.tech (CSE),
LLB-Cyber Laws University of Petroleum and Energy Studies (UPES), Dehradun
Patent Professional
Business Development Executive
BCA and MBA degree from Nagpur university.
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Registered Indian Patent Agents
IPFlair has the Registered Indian Patent Agents, authorized by the Government of India, We can file a Patent Applications as per the Indian Patents Act and file the same in the Designated Patent Offices across India. Just to mention few Patent Agent Details: Mr. Dinkar Agrawal (Patent Agent Number: IN/PA 2502) & Mr. Vidya Bhaskar Singh Nandiyal (Patent Agent Number: IN/PA 2912).
Experienced Patent Professionals and Patent Attorneys
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IPflair Clients
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Filed around 2000+ Patent Applications
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Chief Executive Officer
B.Tech, LLB, IIT-Kharagpur
Registered Indian Patent Agent
Vice President – Operations & Growth
M.Sc. (Integrated) & Ph.D.
IIT Kanpur
B.E., M.S., Dip.-IPR
Robert Gordon University,
United Kingdom
M.Tech (Biotechnology), LLB
IIT-Kharagpur
Registered Indian Patent Agent
B.E., M.Tech. (Electronics)
National Institute of Technology
Kurukshetra
B.Tech. LLB (IPR),
IIT Kharagpur
Registered Indian Patent Agent
Lead Patent Professional
Patent Professional
Masters in Intellectual Property Rights,
LLM. IP. MIPLC, Munich
Registered Indian Patent Agent
Sr. Business Development Executive
B.Tech (E&C)
Rajiv Gandhi Technical University, Bhopal
B.Sc. (Biotechnology) , Guwahati University MBA , Uttarakhand Technical University
A question that often comes amongst Start-ups or Individuals in India w.r.t the Patent Registration is “Should they look out for a Patent Attorney in India or a Patent Agent in India”. Well!! The below Article will help you (Start-ups or Individuals) in Choosing either a Patent Attorney or a Patent Agent!
What is a Patent?
In layman terms, A patent is a 20-year legal protection provided to an inventor for his/her invention. The patent holder can exclude others from making, using, selling and importing their invention in a respective country. The people who help you in obtaining a Patent and protecting your Invention are called Patent Attorneys and Patent Agents.
Who is a Patent Attorney and a Patent Agent?
Generally, both the terms are used interchangeably, as both of them have many similarities, but similar does not mean the same! Have you ever thought that what is the difference between a Patent Attorney and a Patent Agent and how it may affect you?
Let us take a brief look into both the profiles:
A Registered Patent Attorney is a person, who holds a technical degree i.e. in science, engineering or technology, a law degree i.e. LLB, has qualified the Indian Patent Agent Examination, and is registered with the Indian Patent Office to practice before the controller of patents. Therefore, in a Techno-legal domain like patents, a Patent Attorney can draft and file Patent Applications, provide legal opinions on patent related matters such as infringement, send legal notices for patent infringement, represent the Client in Appellate Board and Courts for Patent related cases, and based on experience recommend a legal strategy for developing patent portfolios.
A Registered Patent Agent is a person who has technical expertise i.e. has obtained a degree in science, engineering or technology and has passed the Indian Patent Agent Examination. The Patent Agents are responsible for drafting and filing of Patent Applications, but their services are limited to activities, which relate to the controller of patents as per Section 127 of the Indian Patent Act 1970. In simple terms, the Patent Agents have a limited right to represent their clients in proceedings/issues related to patents only in front of the controller and cannot provide any legal opinion or send legal notices.
The Registered Patent Attorney and Registered Patent Agent can draft and file the patent applications for Protecting your Invention. They can also help you get a Patent granted. However, it is important to note that since Patent is a Techno- Legal subject and Patent Attorney has a better understanding in the legal domain, he is in a better position to foresee the legal issues that may surface in future and may help to obtain better protection. The knowledge of law also helps the Patent Attorneys to advise clients with a broader view of the various patent related issues as in the end it is a Techno-Legal matter.
To protect and commercialize an invention, the inventor must get a patent for it in India (or abroad as well). To do so, one must traverse the complex path of patent filing and patent examination before attaining the promised land: a patent registration or grant. An inventor may choose to do so himself as no one is better acquainted with the invention than him. However, patents are interwoven with legal technicalities and it is generally advised to hire a professional who is well-versed with the deadlines, patentability requirements, forms, fees, etc.
Patent professionals are of two types in general: ‘patent attorney’ and ‘patent agent’. The key differences between them are as follows:
| Patent attorney | Patent Agent | Patent Attoney | Discussion |
| Have passed the Indian Patent Agent exam? |  | | Both have qualified the examination. Their names must be in the list. |
| Can give advice on the patentability of an invention? | | | Both are competent to provide such advice. |
| Can draft a patent in accordance with all the rules? | | | Both are competent in the art of drafting. |
| Can file a patent for publication? | | | Both are competent to file the patent application. |
| Can practice and represent an inventor before the Controller? | | | Both are legally qualified to appear before the Controller. |
| Can respond to an office action? | | | Both can file the response to FERs and office action. |
| Possesses a technical background? | | | Both must possess a technical degree as a basic qualification. |
| Possesses a degree in law or legal studies? | | | Only patent attorneys have attended law school. |
| Can give advice regarding licensing and pooling of patent? | |  | Only patent attorneys can provide such advice. |
| Can give advice regarding infringement of patent? | | | As infringement is a legal question, patent attorneys are best suited for it. |
| Can represent the inventor in a Court of law? | | | Only Patent attorneys being advocates can appear in a Court law. |
Hence, a patent attorney has more experience in defending a patent from a legal perspective. On the other hand, a patent agent can perform all the functions which a patent attorney can except the legal domain.
Introduction:
A Patent Application being a Techno-Legal document can make it tricky to draft an accurate application that will ensure protection. Thus, the question of seeking professional help arises, bringing in the role of Patent Agents and Patent Attorneys.
Patent Agent:A Patent Agent is one, who is authorized by law to deal with Patent Applications. A Patent Agent represents an individual or a company in matters relating to Patent Rights, e.g. Patent Applications and Registration.
Since a person becomes a Patent Agent only after qualifying the necessary exam for the purpose, he/she thus has the required skill to neatly define the scope and extent of the invention. Moreover, a Patent Agent can also help an inventor in converting the innovation into a Patentable one, which is then protected by Patent Registration.
A Patent Agent is authorized to act on behalf of the Patentee, to prepare all documents, transact all business and discharge such other functions as may be required in connection with a Patent Application. Additionally, a Patent Agent also conducts Patent Search, Patent Drafting, Drafting and Filing opposition, maintenance and enforcement of Patents.
Rights and Functions of Patent Attorney and Patent Agent:
Patent Agent:
A Patent Agent is one, who is authorized by law to deal with Patent Applications. A Patent Agent represents an individual or a company in matters relating to Patent Rights, e.g. Patent Applications and Registration.
Since a person becomes a Patent Agent only after qualifying the necessary exam for the purpose, he/she thus has the required skill to neatly define the scope and extent of the invention. Moreover, a Patent Agent can also help an inventor in converting the innovation into a Patentable one, which is then protected by Patent Registration.
A Patent Agent is authorized to act on behalf of the Patentee, to prepare all documents, transact all business and discharge such other functions as may be required in connection with a Patent Application. Additionally, a Patent Agent also conducts Patent Search, Patent Drafting, Drafting and Filing opposition, maintenance and enforcement of Patents.
Patent Attorney:
The word “Patent Attorney” is not found in law per se and is often used synonymously with the word Patent Agent. But the word Attorney means an Advocate, which makes a Patent Attorney to be an individual entitled to deal with Patent litigation by virtue of holding a law degree.
Essentially, the rights of a Patent Attorney are the same as that of a Patent Agent and additionally of an Advocate i.e. practicing before a Court. This means that a Patent Attorney can represent Patent cases in the Courts (i.e. handling the litigation part) apart from filing for a Patent or be a part of Patent prosecution.
Conclusion:
Therefore, from the above discussion, the rights and functions of Patent Agent and Patent Attorney are highlighted. Both, Patent Agent and Patent Attorney holds technical degree and have qualified Patent Agent Exam. However, Patent Attorney holds an added advantage by holding the Law degree, which allows him/her to deal with legal matter also. Thus, a person with his/her requirement can take informed decision for hire of either Patent Agent or Patent Attorney in India in the matter of Patent.
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