Patent attorneys represent clients in obtaining patents and in all matters and procedures associated with patent law and practice, such as filing patent applications and opposing granted patents.
1. Patent attorney
A career as a patent attorney may be right for you if you have a good degree
in science or engineering and an interest in law
In your role as a patent attorney, you'll evaluate whether inventions are new and
innovative, and therefore patentable.
Being highly skilled at drafting patents and knowledgeable about intellectual property
law, you will guide individuals or companies through the process of obtaining patents
and then act to enforce patent rights if they are violated.
Patents are granted by the government and give inventors the right to prevent their
inventions from being used or copied by others for up to 20 years.
Patent attorneys are only allowed to use the title 'patent attorney' once they have been
qualified and entered on the Register of Patent Attorneys. There are several kinds of
patent attorneys. Some are all chartered patent attorneys, some are European patent
attorneys, and some are registered trade mark attorneys.
India
Patent agents in India are known as "Registered Patent Agents" or simply "Patent
Agents". There is no specific designation of patent attorney in the Indian Patent Law.
The Indian Patent Office conducts a qualifying examination every year for patent agent
registration (it used to be every two years). Applicants for the Indian Patent Examination
are required to hold a science or technical degree. Indian citizenship and the age of 21
are other eligibility requirements. As of April 1, 2010, approximately 2000 patent agents
were registered in India.
On March 15, 2013, the Madras High Court (Single Judge) ruled that advocates who
possess a law degree from a recognized university can file for patent registration,
appear in court, and fulfill all responsibilities as a patent agent. According to the single
judge, advocates do not require specific science/technical qualifications such as a
2. B.Tech in IT in order to appear before the Patent Office. The judgment states that
engineers and scientists are "registered patent attorneys" in India.
Responsibilities
To a certain extent, these will depend on whether you are advising private clients or
employed by a large company to protect its merchandise. Generally, you will need to:
● Consult with inventors and manufacturers to determine whether their inventions
and processes are likely to be granted patents;
● Analyze scientific and technical materials, such as previously granted patents, to
identify new and innovative inventions;
● The description of inventions should be in legal terms (patent drafts);
● suggest ways to modify or extend the invention definition;
● The Intellectual Property Office (IPO) and European Patent Office (EPO) can grant
patents;
● review patent examiner reports; and respond to them.
● Be sure applications and renewals are submitted on time;
● Defense and enforcement of UK patents by solicitors and barristers;
● Defend intellectual property at the European Patent Office (EPO) or the
Intellectual Property Enterprise Court (IPEC);
● provide advice to overseas attorneys regarding applications for foreign patents;
● Advice on whether business activities may infringe upon another's patent rights;
● handle patent assignments upon the sale or transfer of a patent;
● monitor intellectual property law developments;
● Provide advice on other intellectual property rights, such as designs or
trademarks;
● mentor and tutor trainee patent attorneys.