Good Rules for Choosing a Patent Attorney

To protect your invention, the applicant needs to have professional help. A patent attorney assists the applicant in drafting the patent application and filing it with the patent office. In India, all registered patent attornies need to have the qualification and some technical knowledge about the invention.

The patent process is a long and complicated process. Hence the applicant needs to rope in a good patent attorney to complete the application process. The applicant would need to conduct research and due diligence for finding a patent attorney

There are two types of patent professionals:

  • Patent Agent
  • Patent Attorney

A patent attorney or patent agent both are capable of representing you before the Controller General of Trademark and Patents, but a patent attorney has an upper hand they can also represent you before the court in case of any hearing process.

Patent Attorney

The term patent attorney has not been defined in the Patent legislation whereas, a patent agent has been defined in section 126 of the Indian Patents Act, and hence people use the term interchangeably.

A patent attorney is someone who specializes in patents and understands all the scientific and technical details for your invention. An attorney has the ability to prepare an application and also help you in conducting the patent proceedings before the court.

 

Read More: Detailed explanation of Intellectual Property Law

Tips on Finding a Good Patent Attorney

Appointing a  patent attorney is essential when it comes to safeguarding your intellectual property (Patent).

1. Choose Your Attorney by their Background

Registered patent attorneys in India need not have any technical background they need to have the qualification in a law degree. Hence, it is always advocated to conduct a background search. The type of patent applications they have prepared and the patents that have been granted for claims filed by them.

When it comes to other fields of invention, such as software patent and chemistry, you need to choose a patent attorney that has an appropriate technical background in that particular field.

 

Also Read: What are Patent Claims?

2. Select a Registered Patent Attorney

All patent attorneys in India are registered with the bar council of India, whereas patent agents have to clear an examination to obtain an agent registration number. Search, that your patent attorney is registered by searching the patent attorney register available at the patent office.

3. Get Clarification on Costs

It is crucial that you canvass the costs with your patent attorney so that you do not experience patent protection cost overdraft. The overrun of the cost may potentially result in abandonment of your rights.

Rather than of having a time billing arrangement, you should ask your patent attorney to provide fixed cost reference is in advance so that you have certainty with regards to your spending on patent protection.

 

Check: The cost break down for Patent Registration

4. Build a Rapport

It is imperative that the applicant has a good relationship with his patent attorney so that they can effectively achieve their protection goals. Rapport with your attorney will confirm that you trust him with your invention and its working which in turn will help you build a robust patent application.

Conduct a meeting with your patent attorney before listing the details of your invention, learn about his background and experience in the field. Then proceed with writing down the description of the invention.

The applicant should always provide the attorney with authorisation letter also known as (POA) before the application is filed.

Where to Find Patent Professionals?

Finding a patent professional is quite easy today as with the availability of information on the websites. The inventor or the applicant must be aware of the parameter of his invention and then decide on the type of patent professional.

You can also search for these professionals background on Google search and then you can disclose your inventions working information to them.


Patent