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Learn About Patent Agent Examination And How To Crack Patent Agent Examination

by Rajeev Kumar
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Cracking a patent agent examination can be exceptionally difficult. But if you prepare with dedication and proper planning, you can pass it.

But before you start preparing to crack the patent agent examination, you need to know the basics of patent agent examination and everything about patents and patent agents. Knowing the in and out of the exam syllabus, portion, job scope, and future possibilities bring clarity and confidence.

It also helps you in making a suitable plan. Starting preparation without planning will always lead to confusion, heavy workload, and eventually failure. It does not matter who you are at which level or whatever you are preparing for; you will always need a plan to start your preparation. You can change it along the way, but it will give you an idea of where you are at the moment.

To become a patent agent one needs to qualify patient agent examination conducted by the office of the controller. The details of the examination, syllabus, and qualifying marks are specified under rule 110. The moment any candidate achieves the cut-off score then they are required to follow the registration procedure as prescribed under Chapter 15TH of the Patent Rules

The examination is divided into 2 parts, a written examination followed by a viva. The exam part is further divided into 2 parts i.e. paper 1 consists of the patent act and rules, Paper 2 is all about the formulation, and interpretation of patent specifications. Each paper carries 100 marks followed by viva voce which has 50 marks. The candidate needs to get qualifying marks out of 100 and out of 50 in both papers and the viva part. The rule concerning qualifying marks as specified under Rule 110(3) has been amended 

What is a patent in the first place?

A patent agent often referred to as a patent professional, is a qualified individual who has been granted authorization by the USPTO to provide guidance and support to inventors in connection with patent applications. In addition to offering views on patentability, patent agents can assist with document preparation and filing for patent applications.

A patent is a type of IP property that the law recognizes and protects, granting an exclusive right over an innovation. Patents protect a certain amount of time for human intellectual works, just like any other IPR. To safeguard technological inventions, patents are issued.

An exclusive right given for innovation is referred to as a “patent.” But not all inventions may be secured by patents, and not all inventions need to be protected exclusively by patents. Other IPRs, such as trademarks, trade secrets, and confidential information, may protect the finished product resulting from the innovation. If a product has a unique design, design or copyright may be used to protect it.

Who is a patent agent?

Patent agents help inventors with the preparation and submission of all necessary patent application paperwork, the search for prior art, the writing of the inventor’s legally binding claims of owning to the invention, the revision of applications that have been rejected, and the determination of the best time to give up an application.

The Government of India holds the Patent Agent Exam to choose qualified individuals to become Registered Patent Agents. These professionals may begin working as patent agents after completing the examination. Legal firms, IP companies, and international businesses specializing in patents are all highly demanded patent agents. Like attorneys and Chartered Accountants, patent agents can begin their practices. Paper-based exams are conducted for the Patent Agent Examination.  

A patent agent is called a patent practitioner who happens to be a licensed attorney licensed by the United States patent and trademark office. The job of the patent agent is to advise and assist investors concerning patent applications. Patent agents do share their patentability opinions, and prepare and file patent documents too. The modus operandi adopted by the patent agents for effectively helping patent applicants  is  to look for prior similar inventions, draft the legal ownership claims to the invention or discovery, review the rejected patent application, and also suggesting as to when to withdraw the patent application

Some more information about patents and patent agents?

Sections 127 & 129 of the Act list the duties of a patent agent. It further states, among other things, that a patent agent has the following rights: I the right to practice before the Grant of Patent; and (ii) the right to prepare all documents, such as but not restricted to specifications and court papers, as well as to perform any other tasks that the Controller may request.

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Since Patent Agent Examination was instituted in India, our nation has produced over 4000 patent agents. Our nation has a high demand for patent agents but is unable to meet that demand for a variety of reasons, the most important of which is a lack of awareness about the patent agent examination and related material.

The Office of Both the Controller Of patents, Trademarks & Trade Marks, a division of the Indian Patent claims Office, Government of India, administers the Patent Agent Exam in India.

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