Patent Attorney or Patent Agent in India is a professional who possess specialised qualifications required for representing clients before the Examiner of Patent & Designs for obtaining Patent in client’s favour and acting in all matters and procedures relating to patent law and practice, including filing of opposition and defence statement in case of opposition.
In order to become a Patent Agent, one must possess the eligibility criteria as prescribed in the Patent Act and Rules thereby. Besides, the academic qualifications, one should also pass an examination (Patent Agent Examination), in order to get enrolled as a Patent Agent. It is necessary to note that, only an Indian citizen above the age of 21 years and who possess a valid Bachelor’s Degree in Science or Engineering are eligible to become a Patent Agent.
However, a person shall not be eligible to be registered as a patent agent, if he;
- has been adjudged by a competent court to be of unsound mind;
- is an undischarged insolvent;
- being a discharged insolvent, has not obtained from the court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part;
- has been convicted by a competent court, whether within or outside India of an offence to undergo a term of imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Central Government has, by order in this behalf, removed the disability;
- being a legal practitioner has been guilty of professional misconduct; or
- being a chartered accountant, has been guilty of negligence or misconduct.
Notification concerning the Patent Agent Exam is published in the Official Website of Controller General of Patents and in at least one prominent newspaper. Though, Indian Patent Law mandates a science or technical degree for person(s) to appear for the qualifying examination, a decision on by the Madras High Court (Single Judge), stated that advocates, by possessing a law degree from a recognized university, have a right to file, appear and undertake all responsibilities of a patent agent. The single judge rejected the contention that to appear before the Patent Office, advocates required additional specific science/technical qualification along with passing an exam.