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Frequently Asked Questions

A Patent Attorney or A Patent Agent, What is the Difference?

A question that often comes amongst Start-ups or Individuals in India w.r.t the Patent Registration is “Should they look out for a Patent Attorney in India or a Patent Agent in India”. Well!! The below Article will help you (Start-ups or Individuals) in Choosing either a Patent Attorney or a Patent Agent!

What is a Patent?
In layman terms, A patent is a 20-year legal protection provided to an inventor for his/her invention. The patent holder can exclude others from making, using, selling and importing their invention in a respective country. The people who help you in obtaining a Patent and protecting your Invention are called Patent Attorneys and Patent Agents.

Who is a Patent Attorney and a Patent Agent?
Generally, both the terms are used interchangeably, as both of them have many similarities, but similar does not mean the same! Have you ever thought that what is the difference between a Patent Attorney and a Patent Agent and how it may affect you?

Let us take a brief look into both the profiles:

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.

Why choose a Patent Attorney or a Patent Agent?

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 Patent Attoney 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 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.

DIFFERENCE BETWEEN A PATENT AGENT AND A PATENT ATTORNEY

Introduction: Despite the interchangeable usage of the terms Patent Agent and Patent Attorney, the terms hold quite different meaning in various aspects including their qualifications and functions.  Patent Agent: A Patent Agent is a person qualified to prosecute Patents i.e. drafting and filing a Patent Application. An individual becomes a Patent Agent in India when he holds a technical degree, has qualified the Indian Patent Agent examination and has registered himself as a Patent Agent before the Indian Patent Office. 
Patent Attorney: Patent Attorneys are individuals having the qualifications of a Patent Agent with an additional degree in law and enrolment with the Bar council as an advocate. The law school training makes them proficient at law and passing the Patent Agent Examination allows them to handle all aspects of Patent work.  Difference between Patent Agent and Patent Attorney: A law degree is not mandatory for being a Patent Agent but the same doesn’t hold true for a Patent Attorney. However, having a degree in a technical field is a must for both.  The key difference between Patent Attorneys and Patent Agents is that Patent Attorneys (who are also Patent Agents) are licensed lawyers and can practice in court and give advice in all related legal matters, while Patent Agents have only passed the Patent Agent Exam and are registered to practice by the Indian Patent Office in matters related to Patents only.   To be particular, Patent Agents cannot give legal advice regarding licenses and possible infringements. Attorneys are the people having the capability of drafting contracts and other related documents like Non-Disclosure Agreements. Moreover, they are the ones who can represent clients during legal proceedings in front of a Court.  Conclusion: From the above discussion, it is pertinent that while deciding as to whether to choose a Patent Agent in India or a Patent Attorney in India, one should take note that a Patent Attorney has proficiency in the legal field apart from the technical knowledge which gives him an added stance at foreseeing the possible legal issues that might arise and thus ensure a better chance of protection. 

RIGHTS OF A PATENT AGENT AND PATENT ATTORNEY

 

Introduction:

A Patent Application being a Techno-Legal document can make it tricky to draft an accurate application that will ensure protection. Thus, the question of seeking professional help arises, bringing in the role of Patent Agents and Patent Attorneys. 

 

Patent Agent:A Patent Agent is one, who is authorized by law to deal with Patent Applications. A Patent Agent represents an individual or a company in matters relating to Patent Rights, e.g. Patent Applications and Registration. 

Since a person becomes a Patent Agent only after qualifying the necessary exam for the purpose, he/she thus has the required skill to neatly define the scope and extent of the invention. Moreover, a Patent Agent can also help an inventor in converting the innovation into a Patentable one, which is then protected by Patent Registration. 

A Patent Agent is authorized to act on behalf of the Patentee, to prepare all documents, transact all business and discharge such other functions as may be required in connection with a Patent Application. Additionally, a Patent Agent also conducts Patent Search, Patent Drafting, Drafting and Filing opposition, maintenance and enforcement of Patents.

Rights and Functions of Patent Attorney and Patent Agent:

Patent Agent:

A Patent Agent is one, who is authorized by law to deal with Patent Applications. A Patent Agent represents an individual or a company in matters relating to Patent Rights, e.g. Patent Applications and Registration. 

Since a person becomes a Patent Agent only after qualifying the necessary exam for the purpose, he/she thus has the required skill to neatly define the scope and extent of the invention. Moreover, a Patent Agent can also help an inventor in converting the innovation into a Patentable one, which is then protected by Patent Registration. 

A Patent Agent is authorized to act on behalf of the Patentee, to prepare all documents, transact all business and discharge such other functions as may be required in connection with a Patent Application. Additionally, a Patent Agent also conducts Patent Search, Patent Drafting, Drafting and Filing opposition, maintenance and enforcement of Patents. 

Patent Attorney:

The word “Patent Attorney” is not found in law per se and is often used synonymously with the word Patent Agent. But the word Attorney means an Advocate, which makes a Patent Attorney to be an individual entitled to deal with Patent litigation by virtue of holding a law degree. 

Essentially, the rights of a Patent Attorney are the same as that of a Patent Agent and additionally of an Advocate i.e. practicing before a Court. This means that a Patent Attorney can represent Patent cases in the Courts (i.e. handling the litigation part) apart from filing for a Patent or be a part of Patent prosecution. 

Conclusion:

Therefore, from the above discussion, the rights and functions of Patent Agent and Patent Attorney are highlighted. Both, Patent Agent and Patent Attorney holds technical degree and have qualified Patent Agent Exam. However, Patent Attorney holds an added advantage by holding the Law degree, which allows him/her to deal with legal matter also. Thus, a person with his/her requirement can take informed decision for hire of either Patent Agent or Patent Attorney in India in the matter of Patent.

Patent Cost Calculator


Total: Rs.

Excluding GST @18 %
Disclaimer: Kindly note, the above pricing is only for approximate estimation of charges. However the exact costing may differ depending on the requirement.

Additional Government Fee:

India : Rs. 1,600

TOTAL PATENT SERVICES CARRIED OUT IS “6000+“

Avial patent services from IPFlair's patent attorneys in India & patent lawyer in India with hassle free & quick process. We have the best patent attorneys in bangalore who hold technical degrees and have qualified the Patent Agent Exam. Patent Attorney in Bangalore, India holds an added advantage by holding the Law degree that allows to deal with legal matters.

Success Rate of 95%

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Some of the Entities that we work with :
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What Our Clients Say

Meet Our Team
Khaja Safiullah Haruni
Khaja Safiullah Haruni

Executive Director – Management

B.E., M.Sc.,
Dip.-IPR
Robert Gordon University,
United Kingdom

Jason Cameron
Jason Cameron

Managing Partner – Patent Attorney

M.S. (Electronics)  | Ex-GE
| Ex-Lockheed Martin
| Ex-Northrop Grumman

Amit Mendiratta
Amit Mendiratta
Vice President – Patent Analytics

M.Tech.,
PG Dip.
IPR GGS IP University-Delhi

Reg- Indian Patent Agent

Rishi Verma
Rishi Verma

Vice President – Patent Analytics

B. Tech (Electrical and Electronics) Vellore Institute of Technology, Vellore.
Priya Sharma
Priya Sharma

Vice President – Patent Drafting

M.Tech- NIT Kurukshetra,
PGD-Patent Laws

Reg- Indian Patent Agent

Prakriti Bhattacharya
Prakriti Bhattacharya

Vice President – Business Development

B.Tech (Electronics and Communications) Rajiv Gandhi Technical University, Bhopal.

Reg- Indian Patent Agent

Komal Khare
Komal Khare

Vice President – IP Filing

BBA.LLB., LLM.IPR

Karnataka State Law University & Symbiosis Law School, Pune.

IP Attorney & Reg- Indian Trademark Agent

Jinsu Abraham
Jinsu Abraham
Manager – Patent Prosecution

B.Tech And LLB.

Reg- Indian Patent Agent

Srilekya Kolli
Srilekya Kolli
Manager – Patent Filings
BBA LL.B. Alliance School of Law, Alliance University IP Attorney
Sahana R
Sahana R
Manager – Patent Prosecution

B.Sc., M.Sc. (Electronics) Mount Carmel College, Bangalore

Reg- Indian Patent Agent

Paridhi Somani
Paridhi Somani

IP Attorney – Patent Filings

LL.B.
New Law College Pune
Reg- Indian Trademark Agent

Ajan A
Ajan A
Patent Professional

M.Tech. (Power Systems), Christ University, Bangalore.

Reg- Indian Patent Agent

Satya Pavan P
Satya Pavan P
Senior Patent Professional

B.Tech. in Electronics and Communications and LLB

Reg- Indian Patent Agent

Aditi Chauhan
Aditi Chauhan
Patent Search and Analysis

Integrated B.tech (CSE),
LLB-Cyber Laws University of Petroleum and Energy Studies (UPES), Dehradun

Bhagyashri V Katkalmbekar
Bhagyashri V Katkalmbekar
Patent Professional

B.E. from Babasaheb Ambedkar Marathwada University, Aurangabad.

Reg- Indian Patent Agent

Shobhna Tyagi
Shobhna Tyagi
Patent Analyst
M. Tech (Electronic Product Design Technology) C-DAC Mohali, B. Tech (ECE) Banasthali Vidhyapith.
Vishag T
Vishag T

Senior- Patent Professional

BE, M. Tech Mechanical Engineering

Why Us

Maintains Strict Confidentiality

IPFlair maintains strict confidentiality with each and every client by signing Exclusive Non-Disclosure Agreement (NDA), prior to receiving the Invention details. The NDA is signed and shared via email and as per the Section 4 of Information Technology Act 2000, any electronic data shared is considered to be legally recognised.

Registered Indian Patent Agents

IPFlair has the Registered Indian Patent Agents, authorized by the Government of India, We can file a Patent Applications as per the Indian Patents Act and file the same in the Designated Patent Offices across India. Just to mention few Patent Agent Details: Mr. Dinkar Agrawal (Patent Agent Number: IN/PA 2502) & Mr. Vidya Bhaskar Singh Nandiyal (Patent Agent Number: IN/PA 2912).

Experienced Patent Professionals and Patent Attorneys

IPflair has Technical and Legal Expertise with at-least MTech or PhD Background, alumnus of reputed institutes such as IIT, NIT, IIT or international university, with minimum 2-10 years of Experience in various facets of Intellectual Property Rights such as Patent Searching, Drafting, Filing, Prosecution and Litigation.

Patent Commercialization Aspect

Patent acts as an Intangible Asset, Each and Every Patent can be Evaluated with a Net Present Value. However, the Valuation depends on the scope of the invention covered in a Patent Application. Our team of experts drafts the Patent Application by considering the Commercialization aspect and increasing the Valuation of a patent.

IPflair Clients

IPflair currently works with around 300+ Start-up’s/Individuals in India/abroad. We have signed an MOU with Government of Karnataka to assist various Elevate 100 Start-ups.

Best Cost Effective Pricing

IPFlair provides best cost effective prices across India for any Intellectual Property related Services. IPflair is a social initiative by the San Francisco based Parent Organization (IPExcel) to help the Individuals and Start-ups of India in Protecting their Intellectual Property at affordable prices.

Filed around 2000+ Patent Applications

We have filed around 2000+ Patent Applications in India, Abroad and PCT with a very high Success Rate. For filing patent applications in foreign countries, we have network with patent attorneys across the globe.

Our Milestones

File a patent & protect your invention with our top grade patent lawyers in India. Best patent attorneys in bangalore can help to grant the patent. Consult our patent consultant in India for a better experience in acquiring a patent & best result.
Clients
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IPFlair has the best patent lawyers in Bangalore & patent consultant India that specializes in Patent laws and patent agents & patent attorneys in bangalore, India provide expert legal advice to secure inventions. Patent lawyer in India are well experienced & experts in Patent.
Patents
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Get in touch with our patent agent in Bangalore for all the legalwork of patenting an invention. We provide best patent attorneys in bangalore for legal work related to the patent.
Copyrights
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It's advisable to go with a patent agent in India who can help to simplify the process. Consult IPFlair's patent agent in Bangalore or patent attorney in Bangalore for the whole patent process. Patent consultant in India are experts in a complex legal process, also our patent consultant India are highly experienced in patent procedure & knowledge.
Trademarks
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Meet Our Team

patent drafting in india

Madhumita Agrawal

Managing Director

B.Tech, LLB, MBA
IIT-Kharagpur & IIM-B

patent lawyers in india

Dinkar Agrawal

Chief Executive Officer

B.Tech, LLB, IIT-Kharagpur
Registered Indian Patent Agent

Dr. Anand Biswas

Vice President – Operations & Growth

M.Sc. (Integrated) & Ph.D.
IIT Kanpur

patent companies in india

Khaja Safiullah Haruni

Vice President – Operations & Growth

B.E., M.S., Dip.-IPR
Robert Gordon University,
United Kingdom

Vidya Bhaskar Nandiyal

Vice President – Operations & Growth

M.Tech (Biotechnology), LLB
IIT-Kharagpur
Registered Indian Patent Agent

Priya Sharma

Lead Patent Professional

B.E., M.Tech. (Electronics)
National Institute of Technology
Kurukshetra

Vivek Kumar
Gupta

Senior IP Associate

B.Tech. LLB (IPR),
IIT Kharagpur
Registered Indian Patent Agent

Meghnad Bandyopadhyay

Lead Patent Professional

B.Tech (Electrical Engineering) LLB,
IIT Kharagpur

Anusha
Chakraborty

Patent Professional

B.Tech., M.Tech. (CS)
IIIT,Bhubaneshwar

Rishi Verma

Patent Professional

B.Tech (E&E)
Vellore Institute of Technology,
Vellore

Sahana R

Lead Patent Professional
B.Sc., M.Sc. (Electronics)
Mount Carmel College,
Bangalore

Kanmani Neralahalli

Lead Patent Professional

Masters in Intellectual Property Rights,
LLM. IP. MIPLC, Munich
Registered Indian Patent Agent

Pooja Gupta

Patent Professional

B.Tech. & M.E.(CS)

Mittu Sateesh

Patent Professional
M.Tech,
Dr. APJ Abdul Kalam Technological University

Jithinraj PR

Patent Professional
M.Tech – Mechanical
Dr. APJ Abdul Kalam University

Madhusudan H. C.

Patent Professional
Bachelor of engineering (BE)
in Electronics and Communication

Komal Khare

IP Attorney
BBA.LLB., LLM.IPR
Karnataka State Law University & Symbiosis Law School,
Pune.

Vrinda V

Internal Sales Executive

B.E. (E&C)

Prakriti Bhattacharya

Sr. Business Development Executive

B.Tech (E&C)
Rajiv Gandhi Technical University, Bhopal

Bijoylaxmi Garg

Business Development Executive

B.Sc. (Biotechnology) , Guwahati University MBA , Uttarakhand Technical University

Prachi Pandey

HR & Operations Manager

B.A (E & M), MBA (HR & Marketing),
Delhi University

Alok Kumar

Internal Sales Executive
B.tech – Mechanical
(Dr. APJ Abdul Kalam University)

Shrobanti Banerjee

Business Process Officer
B.Tech. (CS)
University of Engineering and Management

Swathi NA

Accounts Officer
B.Com
(Sri Bhagawan Mahaveer Jain College)

Paridhi Somani

IP Administrator

LL.B.
New Law College, Pune

Namrata VB

Patent Professional
B.E (E&C), M.Tech -Communication Systems
R.V College of Engineering in,Bangalore

Sejal Samaiya

Patent Professional
B.E (CSE), M.Tech
Banasthali Vidyapith

Astha Jain

Patent Professional
B.E (CSE), M.Tech,
Banasthali Vidyapith

Sangamithirai V T R

Patent Administrator
BBA LL.B.
KLE Society’s Law College, Karnataka State Law University

Srilekya Kolli

Patent Administrator
BBA LL.B.
Alliance School of Law, Alliance University

Process Flow

Our Clients

We are one of the trusted Intellectual Property (IP) service provider company based in Bangalore. Our Clients are startups & business across India from E Commerce,Tech Startups, IT & HR Services, Retailers, traders & many more sectors. We can help you too!!

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