Understanding the Difference Between Patent Attorneys and Patent Agents in Chennai

by Murugakani T. Senior Business Advisor

You’ve invented something great – congratulations! But, your work is far from over. Unless you want to let anyone and every one use your invention and claim it as their own, you need to protect it with a patent. This is where patent attorneys and patent agents in Chennai make an appearance. The terms patent attorneys and patent agents are often used synonymously but there is a difference in their qualifications and roles. Some situations may call for a patent agent while others may require the aid of a patent attorney.

Who is a Patent Agent?

A patent agent is someone who is qualified to draft and file patent applications. It is important to note that this is a specialized skill since these applications must use techno-legal language. Thus, the individual must be fluent in legal and technical knowledge and qualified in both domains. According to Section 126 of the Indian Patents Act, 1970, a patent agent must be

· A citizen of India

· Over the age of 21 years

· A degree holder in science, engineering or technology

He must also have passed the qualifying exam for patent agents conducted by the Controller General of Patents. However, it is not necessary for a patent agent to have a degree in law.

Who is a Patent Attorney?

The term 'Patent Attorney'is not specified in any Statute in India. However, not all patent agents are patent attorneys. The designation of ‘attorney’ means that this individual is also an advocate. Patent attorneys do not need to have a degree in science, technology or engineering.

They cannot draft and file patent applications but if your patent is held up in litigation, a patent attorney can represent you in court and advocate your case. Thus, their role is largely limited to patent litigation.

The Difference between a Patent Attorney and Patent Agent in Chennai

The differences between a Patent agent and an patent attorney can be categorized on the basis of their qualifications and roles.

· Qualifications

A patent agent must hold a degree in science, technology or engineering from an Indian university but need not have a degree in law. On the other hand, a patent attorney must be a qualified lawyer but need not have a degree in science, technology or engineering. The patent attorney does not need to clear the patent agent exam while this is a necessity for an patent agent.

· Roles

Patent agents can draft and file patent applications. They are involved in patent prosecution and practice before the controller of patents. Patent attorneys play a role in patent litigation and practice in courts.

Do You Need a Patent Agent?

If you want to register a patent for your invention, you will need the services of a patent agent. Firstly, because of the language requirements, you will not be able to draft the patent application correctly on your own. As an inventor, you will focus on the technical aspects but missing out on the legal aspects of the application can limit the scope of protection. Secondly, Indian law states that a patent can be prosecuted only through a registered patent agent.

When do You Need a Patent Attorney?

A patent attorney does not always have a role to play in protecting your inventions with a patent. You will need to work with a patent attorney only if your patent application is not passed because of legal issues or if someone tries to use your invention without your permission. In such cases, the patent attorney can help ensure that your invention stays protected.

Though the terms patent agent and patent attorney may be used interchangeably in layman talk, understanding the differences between them will help you know who to reach out to when you need to file a patent application and when you need to fight a legal case against someone who breaks the patent rules. Finding a patent agent in Chennai is not difficult but make sure you work with someone who is experienced and has expertise in applying for patents in your sphere of invention. Ideally, work with an agent who is recommended by someone you know. Else, make sure you read through testimonials about their work before you sign a contract with them.