A Registered Patent Attorney is a person, who holds a technical degree i.e. in science,
engineering or technology, a law degree i.e. LLB, has qualified the Indian Patent Agent
Examination, and is registered with the Indian Patent Office to practice before the controller
of patents. Therefore, in a Techno-legal domain like patents, a Patent Attorney can draft and
file Patent Applications, provide legal opinions on patent related matters such as
infringement, send legal notices for patent infringement, represent the Client in Appellate
Board and Courts for Patent related cases, and based on experience recommend a legal
strategy for developing patent portfolios.
A Registered Patent Agent is a person who has technical expertise i.e. has obtained a degree
in science, engineering or technology and has passed the Indian Patent Agent Examination. The
Patent Agents are responsible for drafting and filing of Patent Applications, but their services
are limited to activities, which relate to the controller of patents as per Section 127 of the
Indian Patent Act 1970. In simple terms, the Patent Agents have a limited right to represent
their clients in proceedings/issues related to patents only in front of the controller and cannot
provide any legal opinion or send legal notices.
When to choose a Patent Attorney or Patent Agent?
The Registered Patent Attorney and Registered Patent Agent can draft and file the patent
applications for Protecting your Invention. They can also help you get a Patent granted.
However, it is important to note that since Patent is a Techno- Legal subject and Patent
Attorney has a better understanding in the legal domain, he is in a better position to foresee
the legal issues that may surface in future and may help to obtain better protection. The
knowledge of law also helps the Patent Attorneys to advise clients with a broader view of the
various patent related issues as in the end it is a Techno-Legal matter.