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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.
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.
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.
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.
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IPflair has been my preferred IP partner for my startup ventures since 2018. Our first Patent got approved within 18 months and IPflair played an important role in the entire process -their quality of patentability search reports, fast learning curve on the subject matters, drafting and overall diligence process has been quite amazing. We are continuing to bank on them for our IP portfolio management, including India PTO and PCT applications.
IPFlair has been a strategic IP partner for TruthShare right from our incorporation. Working with IPFlair, our first patent has been granted in India in less than 1 year. The patent has also been published by US patent office and filed with WIPO. We have now worked with IPFlair on 10+ patents and filed them in multiple geographies. All these patents are in the cutting edge technology areas like privacy, blockchain and cryptography. I would certainly recommend IPFlair to Indian companies, startups and individuals looking to protect their innovation in India and abroad.
The service provided by IPflair was very professional. The patent search made by them is very comprehensive and saves a lot of time. The main advantage of working with them was their attorneys’ exposure to Technology & Engineering, they were understanding our product very well and drafted the patent appropriately thus enabling us to obtain the patent in a single attempt. Wishing them all the best for further endeavours.
IPflair is good at demystyfying the entire aspect IP filing. They are systemic, frank, knowledgeable and open to customer idea. What I liked most about them is the speed of execution. I thank the entire team of IPflair and specially Harish N for his multiple technical discussions with me. You can trust IPflair. They deliver.
Professionalism and perfection at each stage of the process!! It is just a thought in my mind that came out of my real life pain point and possible solution to that. The rest of the things, IPflair team took it from there with their technical expertise and professionalism to get the patent grant in a very short time. Because of the IPflair, me as a Home maker could be a patent owner in such a short time. In depth analysis of the idea for extensive search for previous artifacts, excellent drafting and technical representation at the hearing, resulted with a great result
I selected IPFlair for the patent application process of an application process and design. I was handheld on the whole process, the team was with me, clearing my queries, suggesting changes and improvising the documentation flow all along. I was kept apprised on the status at every stage. Finally, we got the patent approved within 9-10 months, without IPFlair, it would have been complicated. I appreciate their efforts, communication mechanism and commitment towards achieving the set goal. I have already recommended them to a couple of enquiries and would continue to do so for whomever that asks.
IPflair has helped us get our patent for our hydroponic system in India. This is the only patented hydroponic system in India. Their expertise and experience in the intellectual property area has helped us to achieve this. Mr. Khaja was great to work with! Highly Recommend IPflair!
Because it’s such a technology-based industry, everything is person to person. IPflair team caters to the individual and professional need.
IPflair has a very competent team. We have received very professional support from IPflair during the entire journey of Patenting process viz. FTO to Patent filing and obatining granted Patent.
Team IPflair demonstrated exemplary professionalism and attention to detail in executing all the stages necessary to take me from drafting till grant of my patent on the Electric Powered Parxxxxxx (2019210xxxxx). I was most impressed with the team’s ability to grasp technological fine points of a domain that’s not very often encountered in this pursuit. That dexterity was instrumental in executing an extensive novelty search and thus setting a solid fountain in the formulation of the description and claims. This was later reinforced during the prosecution and the response to the examination eventually leading to an expedited grant in a little over a year from first approaching them. All of this done at a reasonable fee. I would most favourably recommend their service.
Executive Director – Management
B.E., M.Sc.,
Dip.-IPR
Robert Gordon University,
United Kingdom
Managing Partner – Patent Attorney
M.S. (Electronics) | Ex-GE
| Ex-Lockheed Martin
| Ex-Northrop Grumman
M.Tech.,
PG Dip.
IPR GGS IP University-Delhi
Reg- Indian Patent Agent
Vice President – Patent Analytics
Vice President – Patent Drafting
M.Tech- NIT Kurukshetra,
PGD-Patent Laws
Reg- Indian Patent Agent
Vice President – Business Development
B.Tech (Electronics and Communications) Rajiv Gandhi Technical University, Bhopal.
Reg- Indian Patent Agent
Vice President – IP Filing
BBA.LLB., LLM.IPR
Karnataka State Law University & Symbiosis Law School, Pune.
IP Attorney & Reg- Indian Trademark Agent
B.Tech And LLB.
Reg- Indian Patent Agent
B.Sc., M.Sc. (Electronics) Mount Carmel College, Bangalore
Reg- Indian Patent Agent
IP Attorney – Patent Filings
LL.B.
New Law College Pune
Reg- Indian Trademark Agent
M.Tech. (Power Systems), Christ University, Bangalore.
Reg- Indian Patent Agent
B.Tech. in Electronics and Communications and LLB
Reg- Indian Patent Agent
Integrated B.tech (CSE),
LLB-Cyber Laws University of Petroleum and Energy Studies (UPES), Dehradun
B.E. from Babasaheb Ambedkar Marathwada University, Aurangabad.
Reg- Indian Patent Agent
Senior- Patent Professional
Why Us
Maintains Strict Confidentiality
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
Patent Commercialization Aspect
IPflair Clients
Best Cost Effective Pricing
Filed around 2000+ Patent Applications
Our Milestones
Chief Executive Officer
B.Tech, LLB, IIT-Kharagpur
Registered Indian Patent Agent
Vice President – Operations & Growth
M.Sc. (Integrated) & Ph.D.
IIT Kanpur
B.E., M.S., Dip.-IPR
Robert Gordon University,
United Kingdom
M.Tech (Biotechnology), LLB
IIT-Kharagpur
Registered Indian Patent Agent
B.E., M.Tech. (Electronics)
National Institute of Technology
Kurukshetra
B.Tech. LLB (IPR),
IIT Kharagpur
Registered Indian Patent Agent
Lead Patent Professional
Patent Professional
Masters in Intellectual Property Rights,
LLM. IP. MIPLC, Munich
Registered Indian Patent Agent
Sr. Business Development Executive
B.Tech (E&C)
Rajiv Gandhi Technical University, Bhopal
B.Sc. (Biotechnology) , Guwahati University MBA , Uttarakhand Technical University
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!!
Recently I had Trademarked my brand, the service offered was very good. The team is very experienced and knowledgeable. The support and assistance given my the team is commendable.My best wishes to IP Flair Team. Thank you.
IP Flair is a professional company and their services are very prompt. I have patented a logo with them. They helped me in understanding the whole process and costing structure very nicely. I already recommended my few friends to them who are running startups.
It was wonderful experience with IP Flair during brand name and logo registration of Wizergoes. All the Queries were resolved instantly through mails, Phone calls and the follow-up was just fantastic. The process was smooth and the IP Flair way of delivering it is great. Team is very professional and experienced. Thanks Team IP Flair!!
Shibabrata Mondal, Wizergoes Pvt. Ltd
I have had the opportunity to use IP Flair services on numerous occasions. They give outstanding service and support each and every time. The team is highly skilled and experienced and guided me well till the entire process. Good luck Team IP Flair
I selected IPFlair for my patent application process and it was a great experience. They were very professional. They explained the Patent process in detail with the costing and timeline involved. Exceptional value and great service w.r.t Patent Filing at a reasonable rate. Highly Recommended.
I found it a pleasure to work with IPflair for my patent filing process. They are the Best Patent Agents in India with unique Teams of Patent Professionals, their knowledge and expertise in the area of intellectual property and Technology is vast. I appreciate their commitment towards filing my patent application on time.
IPflair helped me to protect my Invention by filing a Patent in India and Abroad. The personal attention that IPflair gave me during my patent registration process was immense and a value added service that is a testament to their level of commitment in getting everyone the best quality patent application. They maintain Confidentiality and are completely reliable. With regards to costs, their rates are very reasonable and would highly recommend them to others.
The patent filing process was very easy for me just because of IPflair. They seem to be prompt, highly-organised & competitively priced w.r.t Patent Filing. They helped us in developing a Patent Portfolio. I can say that IPflair is the best Patent firm for those who appreciate good and thorough Patent related service.
IPFlair has been a strategic IP partner for TruthShare right from our incorporation. Working with IPFlair, our first patent has been granted in India in less than 1 year. The patent has also been published by US patent office and filed with WIPO. We have now worked with IPFlair on 10+ patents and filed them in multiple geographies. All these patents are in the cutting edge technology areas like privacy, blockchain and cryptography. I would certainly recommend IPFlair to Indian companies, startups and individuals looking to protect their innovation in India and abroad.
IPflair has been my preferred IP partner for my startup ventures since 2018. Our first Patent got approved within 18 months and IPflair played an important role in the entire process -their quality of patentability search reports, fast learning curve on the subject matters, drafting and overall diligence process has been quite amazing. We are continuing to bank on them for our IP portfolio management, including India PTO and PCT applications.
IPflair has helped us get our patent for our hydroponic system in India. This is the only patented hydroponic system in India. Their expertise and experience in the intellectual property area has helped us to achieve this. Mr. Khaja was great to work with! Highly Recommend IPflair!
IPflair is good at demystyfying the entire aspect IP filing. They are systemic, frank, knowledgeable and open to customer idea. What I liked most about them is the speed of execution. I thank the entire team of IPflair and specially Harish N for his multiple technical discussions with me. You can trust IPflair. They deliver.
IPflair has a very competent team. We have received very professional support from IPflair during the entire journey of Patenting process viz. FTO to Patent filing and obatining granted Patent.
Team IPflair demonstrated exemplary professionalism and attention to detail in executing all the stages necessary to take me from drafting till grant of my patent on the Electric Powered Parxxxxxx (2019210xxxxx). I was most impressed with the team’s ability to grasp technological fine points of a domain that’s not very often encountered in this pursuit. That dexterity was instrumental in executing an extensive novelty search and thus setting a solid fountain in the formulation of the description and claims. This was later reinforced during the prosecution and the response to the examination eventually leading to an expedited grant in a little over a year from first approaching them. All of this done at a reasonable fee. I would most favourably recommend their service.
Professionalism and perfection at each stage of the process!! It is just a thought in my mind that came out of my real life pain point and possible solution to that. The rest of the things, IPflair team took it from there with their technical expertise and professionalism to get the patent grant in a very short time. Because of the IPflair, me as a Home maker could be a patent owner in such a short time. In depth analysis of the idea for extensive search for previous artifacts, excellent drafting and technical representation at the hearing, resulted with a great result
The service provided by IPflair was very professional. The patent search made by them is very comprehensive and saves a lot of time. The main advantage of working with them was their attorneys’ exposure to Technology & Engineering, they were understanding our product very well and drafted the patent appropriately thus enabling us to obtain the patent in a single attempt. Wishing them all the best for further endeavours.
Because it’s such a technology-based industry, everything is person to person. IPflair team caters to the individual and professional need.
I selected IPFlair for the patent application process of an application process and design. I was handheld on the whole process, the team was with me, clearing my queries, suggesting changes and improvising the documentation flow all along. I was kept apprised on the status at every stage. Finally, we got the patent approved within 9-10 months, without IPFlair, it would have been complicated. I appreciate their efforts, communication mechanism and commitment towards achieving the set goal. I have already recommended them to a couple of enquiries and would continue to do so for whomever that asks.
We choose IPflair to help us through the IP process of Trademarks, Copyrights & Patents. IPflair’s team has demonstrated their proficiency & professionalism. With ‘a Little Extra’ attitude and effort IPflair has created extraordinary experience in our IP development journey. We hope to walk together for a longer distance to be covered…
A couple of years ago we were introduced to IPFlair for registration of certain TradeMarks and patents. We applied as per their suggestions and were turned down in a couple of cases with reasons cited for the rejection. We perused their suggestions and reapplied with the corrective measures with success.
IPFlair is a very professional Company with a superb team of researchers who ensure that the due diligence is water tight for imminent satisfaction for all. We wish them continued success.
Swaraj Kumar (Rajah) Banerjee,
Founder Rimpocha Tea
IPFlair is one of the great organisations which has an unadulterated passion for the commitments, the team is one of the best and most committed teams I have ever worked with for obtaining the services.
They have proven one famous quote “The height of accomplishment is equal to the depth of the conviction. The probing method is so scientifically followed that there hardly is any room for errors, thus the results expected by there are bound to be achieved.
Girish Bhardwaj