To protect and commercialize an invention, the inventor must get a patent for it in India (or abroad as well). To do so, one must traverse the complex path of patent filing and patent examination before attaining the promised land: a patent registration or grant. An inventor may choose to do so himself as no one is better acquainted with the invention than him. However, patents are interwoven with legal technicalities and it is generally advised to hire a professional who is well-versed with the deadlines, patentability requirements, forms, fees, etc.
Patent professionals are of two types in general: ‘patent attorney’ and ‘patent agent’. The key differences between them are as follows:
| Patent attorney |
Patent Agent | Discussion | |
| Have passed the Indian Patent Agent exam? |
🙂 | 🙂 | Both have qualified the examination. Their names must be in the list. |
| Can give advice on the patentability of an invention? |
🙂 | 🙂 | Both are competent to provide such advice. |
| Can draft a patent in accordance with all the rules? |
🙂 | 🙂 | Both are competent in the art of drafting. |
| Can file a patent for publication? |
🙂 | 🙂 | Both are competent to file the patent application. |
| Can practice and represent an inventor before the Controller? |
🙂 | 🙂 | Both are legally qualified to appear before the Controller. |
| Can respond to an office action? |
🙂 | 🙂 | Both can file the response to FERs and office action. |
| Possesses a technical background? |
🙂 | 🙂 | Both must possess a technical degree as a basic qualification. |
| Possesses a degree in law or legal studies? |
🙂 | 🙂 | Only patent attorneys have attended law school. |
| Can give advice regarding licensing and pooling of patent? |
🙂 | 🙁 | Only patent attorneys can provide such advice. |
| Can give advice regarding infringement of patent? |
🙂 | 🙁 | As infringement is a legal question, patent attorneys are best suited for it. |
| Can represent the inventor in a Court of law? |
🙂 | 🙁 | Only Patent attorneys being advocates can appear in a Court of law. |
Hence, a patent attorney has more experience in defending a patent from a legal perspective. On the other hand, a patent agent can perform all the functions which a patent attorney can except the legal domain.
