Is a Patent Attorney Required for Filing a Patent Application?

Is a Patent Attorney Required for Filing a Patent Application?




Overview: The inventors frequently ask the question “Is a patent attorney required for filing a patent application”. The inventor thinks that he himself is capable for filing the registration. It is a costly misconception. The registration of the patent is a very complicate matter. The registration requires a thorough legal knowledge about the international and national patent act. It is not possible for an inventor to know the tidbits of the law. consequently, I recommend that the inventor should appoint an attorney for registration.

Qualification of a patent attorney: The patent attorneys possess both the technical and legal knowledge to represent the patentee. According to “Indian Patent Act-1970″, a lawyer who has a basic degree in science, engineering and medical and passed the patent agent examination is eligible to qualify as a patent lawyer. The lawyer has to take a specialized training from a recognized Institute for appearing in the patent agent examination. After passing the examination, the lawyer gets an agent code. The names of all the qualified agents are included in a register. When a patent lawyer submits the application, he has to quote the agent code.

Duties and obligations of patent attorney: The agents whose names have been included in the register, they are entitled to do the following jobs under the “Indian Patent Act-1970”.

  • The lawyer has to Prepare, draft and processes the applications in connections with the case and will proceed before controller.
  • Prepare prosecution papers on the related issues.
  • manager issues relating to business units.
  • Develop and design strategies for products or projects developed.
  • Resolve and troubleshoot litigation issues.
  • continue and manage accountability to R&D efforts, licensing and other issues.
  • Negotiate and communicate on patent issues with clients and business units.
  • continue a database of clients’ issues and update regularly.
  • Provide counsel to clients on patent matters.
  • Ensure compliance of laws, state and federal laws relating to the issues.

Conclusion: There is a big difference between an invention and describing an invention. A registration is an elaborate description of invention. However, money may be a obstacle to the inventor. Mind it, the cost of filing an application by a lawyer is negligible in comparison to the money required for manufacturing and marketing the invention. My suggestion is that you should analyze the monetization of your invention. If you can convince the lawyer about the marketability of your invention, the lawyer can help you to conquer the monetary problem. An inventor should not shatter his lifetime dream thinking that he can do a better job than a trained specialized.

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