General description: Inventors frequently ask “Do I need a patent attorney to file a patent application?”. The inventor believes that he himself is capable of filing the record. It is a costly misconception. Patent registration is a very complex matter. Registration requires in-depth legal knowledge about the international and national patent act. It is not possible for an inventor to know the tidbits of the law. Therefore, I recommend that the inventor appoint an attorney for registration.
Qualification of a patent attorney: Patent attorneys possess the technical and legal knowledge to represent the patent owner. According to “Indian Patent Act 1970″, a lawyer who has a basic degree in science, engineering and medicine and has passed the patent agent exam is eligible to qualify as a patent attorney. The attorney has to take professional training from a recognized institute to sit for the patent agent exam. After passing the exam, the attorney obtains an agent code. The names of all qualified agents are included in a registry. When a patent attorney files the application, she has to cite the agent’s code.
Duties and obligations of the patent attorney: Agents whose names have been included in the register, are entitled to perform the following works under the “Indian Patents Act, 1970”.
- The attorney has to prepare, draft and process the applications in connection with the case and will proceed before the controller.
- Prepare prosecution documents on related issues.
- Handle problems related to business units.
- Develop and design strategies for the products or projects developed.
- Solve and solve litigation problems.
- Maintain and manage responsibility for R&D efforts, licensing, and other matters.
- Negotiate and communicate on patent issues with clients and business units.
- Maintain a database of customer problems and update it regularly.
- Advise clients on patent matters.
- Ensure compliance with laws, state and federal laws related to the issues.
Conclusion: There is a big difference between an invention and describing an invention. A registration is a detailed description of the invention. However, money can be a barrier for the inventor. Keep in mind that the cost of filing through an attorney is insignificant compared to the money required to manufacture and market the invention. My suggestion is that you should explore the monetization of your invention. If you can convince the attorney of the marketability of your invention, the attorney can help you get past the monetary issue. An inventor should not shatter his life dream by thinking that he can do a better job than a trained professional.
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