Patent Agents: A coveted professional qualification in IP armory

In my last article, we discussed on colleges and IPR courses one can chose to begin their IP journey and career path. In this article, we shall talk about How to become a Patent Agent and what qualifications are needed to apply for the examination and get the certification from the Indian Patent office.

Let's first understand, who is a Patent Agent? A patent agent is a professional who is qualified and certified by the Indian Patent Office to practice and prosecute Patents and Design applications before the patent office and the Controller General of Patents, TM and Designs.

In order to be eligible for the Indian Patent Agent Examination: Candidate should be a citizen of India; Candidate should have completed the age of 21 years; Candidate should have obtained a degree in science, engineering or technology from any university established under law for the time being in force in the territory of India or possesses such other equivalent qualifications as the Central Government may specify in this behalf.

The next patent agent examination is likely to be conducted on the 8 May 2022 by the office of the Controller General of Patents, Designs and Trademarks under the Ministry of Commerce and Industry, Government of India.

To qualify the Indian Patent Agent Examination, a candidate shall be sitting for 2 papers. The first paper is Objective type on the Patent Act 1970 and Rules with duration of 2 hours for 100 marks. The Second Paper -Paper II is post lunch on Drafting& interpretation of patent specifications and other documents for 100 Marks, 3 hours duration. Post the examination, there will be a Viva Voce, 50 Marks the following day of the exam and to qualify in the Patent Agent exam, an aggregate of 60% from all papers is needed

Once you have cleared the exam, you need to pay the necessary fees and fill in the Form 22 to apply for the Patent Agent Certificate and thereafter your name and Agent Number as IN/PA, will be generated by the office of the CGPTDM, Govt of India. On receipt of the Agent Number and certificate, you will be entitled to begin your practice and service Innovators, startups and Industry and all stakeholders.

The Patent Agent certification must be renewed year on year by paying the annual renewalfee in the prescribed Form 23, thereafteryour name and IN/PA number will continue in the Register of Patent Agents.

One becoming a Patent Agent, a host of opportunities will knock at your door, and you may exploreto join a reputed IP law firm as Associate and practice, or you could also look to join a corporate in their In-House IP team and contribute towards their IP and Patent portfolio.

If you are bold and have the appetite to take risks then, you could also set up your own patent firm and offer consultancy with a team or could also do freelancing and draft and prosecute patents from your home for multiple clients.

Students, with Pharma, organic chemistry, Electronics, Computer science, mechanical engineering, and Biotechnology in combination with Patent Agent qualification are high in demand by Pharma, Electronics, IT, automobile sector and also offer a very good starting package.

To sum up, read and interpret the Indian PatentsAct and Action towards a new and exciting career path.

(The author is the Head - Legal &IPR, Resolute Group and Former Director CII, Telangana Registered Patent and TM Agent, Govt of India)