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A Must Read Guide For Agent Examination

www.iipta.com A Must Read Guide For Patent Agent Examination

OVERVIEW

his is a complete guide for all those who are either preparing or wants to prepare for patent agent examination. This resource will Tprovide you an in depth detailed knowledge about the patent agent examination, it’s syllabus, eligibility criteria, exam pattern, what and how to read from where, etc. In short, all the information regarding this particular exam can be found in this particular white paper. Hope you will find it useful in all the ways .. !!

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Q1. Who is a Patent Agent? Ans. In India, a person registered to practice before Indian is called a “Registered Patent Agent” or simply “Patent agent”. An Indian Patent Agent has the necessary qualification to represent client’s invention before the . The Register of Patent Agents containing the names and addresses of all the registered patent agents is available at: www.ipindia.nic.in

Q2. What is the job profile of patent agent? Ans. A patent agent can draft a patent specification for an invention in conformance with the Indian Patent Act and can also file a patent application for any invention. Post filing, he can also prosecute the patent application by responding to examination reports issued by the patent office and attend hearings in the patent office, if required. Furthermore, he will address a client various statutory requirement set forth by the Indian Patent Office.

Q3. At present, what is the scope of career being a Patent agent? Ans. Nowadays, every life science background company (whether pharmaceutical or biotechnological), big enterprises or small and medium enterprises have their own IPR department because they all look for various ways in order to protect their IP assets such as their ideas, concepts, or products. Today’s Patent Trend is such that all these companies require a new group of highly specialized experts such as intellectual property (“IP”) lawyers, patent agents and attorneys who can solve this purpose of the companies. This is because in today’s competitive world intangible assets i.e. Intellectual property rights contribute immensely in the development of a corporation.

Q4. Do I require a law degree to become Patent Agent? Ans. To practice as a Registered Patent Agent in India, all you need to do is simply qualify the patent agent exam that government conducts almost every year and there is absolutely no requirement for a law degree for the same.

Q5. Do I have to become a lawyer to practice on my own or otherwise? Ans. No, there is absolutely no need to become a Lawyer to practice as a patent agent in India. Once you qualify the exam, you can work in any company requiring patent agents and also start your own consultancy firm.

Q6. Being a Research Associate and from R&D background, can i consider Patent Agent as my Career Option. Ans. Patent Agents are employed in most of the Corporates having R & D background to check the inventions developed, infringement activities of their routine procedures etc. Most of the MNCs/corporate prefer the R&D employees with certified Patent Agent qualifications for examining patentability of inventions, filing procedures, drafting specifications etc. as a part of their R&D job.

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Q7. How is the career in patent compared to Research in Biotechnology? Ans. There are almost 2100 Patent Agents in India as I’m writing and there are Lakhs of biotech researchers. Every good company today has funds for the research and also the manpower availability due to presence of thousands of biotech colleges in India. What they lack in is IPR facilitating their research and also the protection and monetization of the IPR they are creating. There you go. Patent and IPR knowledge highly increases your chances of getting a much better job than a general biotech researcher. If you are already working, being a registered patent agent will definitely on your assessment chart of your next promotion and salary increment. Apart from this you also have a choice of working as an executive when you are a patent professional as compared to 24 hour lab and microscope environment for the biotech researchers.

Q8. Does it mean that my science knowledge will not be utilized in this profession? Ans. Again, minimum and compulsory qualification for even appearing in the Patent Agent Exam is - Science Graduation, therefore, knowledge of science is must and will always be utilized in patent works. Also, there is a list of things a Patent Agent is responsible for and they are not possible without any scientific knowledge.

Q9. How can I become a Registered Patent Agent? Ans. Indian Patent Office (Controller General of ) conducts a qualifying examination for patent agent registration yearly (earlier, it was twice a year). After qualifying this examination, one can become a Registered Indian Patent Agent. Since, it is a government exam; you will get a certificate from the government and a registered patent agent number soon after clearing the exam.

Q10. Does it mean that i will have to change my location to a place where patent office is located after becoming a patent agent? Ans. No, change of location is not required. It is called Indian Patent Agent and not something like Delhi Patent Agent or Patent Agent. You are allowed to practice your patent profession anywhere or just utilize the knowledge in your present job of course of study. This certificate will only increase your knowledge, promotion possibilities and new career option.

Q11. In which Industries/Sectors I can work/enter once I become a Registered Patent Agent? Ans. Whatever your profession/specialization is, becoming Patent Agent does not mean that you are changing your field as you would be having a lot of options after becoming a patent agent. You can opt from any of the option/choice that are listed below: • Independently practice Patent Law being consultant to several companies. • Advisors to the Corporates in the matters of IP. • Join the law firms as the Patent Agent / Technology Specialists. • Work as Drafting specialist in the field of expert/ Patent Engineers.

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• Join Patent Analytic Companies, LPO / KPO as knowledge specialists, Patent Search & Landscaping experts. • IP Managers in corporates managing Patent Portfolios. • IP specialists in R&D organizations giving day to day reports on Patentability opinions. • Join as IP Coordinators in the academic universities in identifying the inventions developed. • Join as Technology Transfer Manager in research based academic institutes. • Join as academician in Universities and institutes teaching Patent Law. • Join as Patent Examiners / Patent Analysts with the IP Offices. • Pharmaceutical & Chemical Industries. • Biotechnology Companies. • Research based Universities. • Defence services (DRDO, DRDL and other Defence research wings). • Agriculture, Seed & Fertilizer Industries. • IP facilitation centers like TIFAC, GIAN, SRISTI, TNTDPC, NIF, CIIE, RIN, etc. • Legal Outsourcing Companies / Knowledge processing centers. • Law Firms-Corporate Law Firms. • Patent Search organizations. • Govt. institutes like CSIR, CCMB etc., • International bodies, like WIPO and other UN bodies. • Indian Patent Offices. • Law Firms + International Companies.

Q12. What is the eligibility criteria for appearing in Patent Agent Exam conducted by Indian Patent Office? Ans. Eligibility criteria to appear in the Indian Patent Agent Exam are simple and as follows: • Minimum 21 years • Indian Nationality • Minimum one science based graduation degree (Either regular or distance learning) in science, engineering or technology from any university established under law in India or possesses such other equivalent qualifications as the Central Government may specify in this behalf – B.Sc., M.Sc., B. Pharma, M. Pharma, B.E, M.E, B.Tech, M.Tech, Ph.D, MBBS etc. • Graduation should be complete. Final year candidates are also eligible as long as they are able to produce final degree, mark sheets etc. within 2 months of declaration of the Patent Agent Exam result they are appearing for.

Q13. Is there any benefit of post graduation in patent field (particularly Biotechnology), as the eligibility is only graduation? Ans. As per the government rule, the eligibility criteria for sitting in the Patent Agent Examination is only science graduation. As per our experience, subject matter knowledge always helps in

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becoming an expert. If you are a post graduate in your field, you certainly have more in-depth knowledge about the subject. Thus you may help the company / client in better understanding on how to increase the scope of their invention and in-turn do a much better job at Patent Drafting part.

Q14. When does the patent agent exam take place? Ans. Since last some years, the exam is being conducted in the mid of January and on weekends. Last year exam took place on 4th and 5th May 2013. The exact date of the next exam can only be intimated when Indian Patent Office issues the notice or announcement for the next exam.

Q15. Can you provide the date and link to apply for patent exam, or from where i can get notification of Patent exam 2014? Ans. The notification concerning the examination is published in the official website www. ipindia.nic.in and also in at least one prominent newspaper. To register for alert, you can register your phone number and email id on the site www.iipta.com Patent Agent info and Alert form.

Q16. When will the Forms to apply/appear for Patent Agent Exam getting released by Patent Office of India? Ans. The notification and the form would be released by the Indian Patent Office at the same time, when they would be disclosing the official announcement of the examination. You can check out the same at ipindia.nic.in

Q17. From where I can get the form for patent agent examination? Ans. The form that you have to fill to apply and sit for Indian Patent Agent Examination is a Application Form by Patent Office of India. The actual form will be out soon along with the notification of the date for Patent Agent Exam.

Q18. Which of the documents are to be attached alongwith the application form? Ans. The following documents need to be attached along with the application :- 1. Self attested copy of proof of age; 2. Self attested copy of degree certificate; 3. Two copies of self attested passport size photographs

Q19. What is the prescribed fee and how can i apply for this examination? Ans. Applications in the prescribed proforma and enclosures along with the prescribed fee of Rs.1000/- (Rupees One Thousand Only) in the form of D.D. in favour of “Controller of Patents” payable at Mumbai should be sent to “The Controller General of Patents, Designs and TradeMarks”, Boudhik Sampada Bhawan, S.M. Road, Antop Hill, Mumbai 400 037”. Envelopes containing the application should be clearly marked on top as “Patent Agent Examination - Ye ar.” www.iipta.com 5 A Must Read Guide For Patent Agent Examination

Q20. What is the syllabus for the exam? Ans. There is no set syllabus prescribed by the Indian Patent Office for the exam, but it is stated that to clear the exam one should be thorough with the all the Patent Office practices and procedures. If you wish to know more on what comes in the exam, you can have a look at the course material prescribed by IIPTA for the preparation of exam.

Q21. What is the Pattern of the exam? Ans. The exam consists of three (3) parts; • Paper I – Patents Act and Rules (100 Marks) : It consists of 40 objective type questions of one mark each and descriptive type questions of 60 marks. • Paper II – Drafting and interpretation of the patent specification and other documents (100 Marks) : It consists of a set of two questions (different sets for science and engineering) on drafting of 30 marks each consisting of: • Drafting of specification from given claims and background. • Drafting of claims from given specification and the rest will be descriptive/interpretative type questions of 40 marks. • Viva-voce examination - Questions are mainly asked from their respective domain (50 Marks).

Q22. What is the qualifying marks for each written paper and viva? Ans. Earlier, the qualifying marks for each part (Part I, II & Viva) was 50% individually and 60% as a whole. But, after 2011 examination, 2 students filed a case against patent office in Delhi high court, since both of them got very well marks (more than 50%) in part I & part II but unfortunately they were unable to get 50% marks in viva. Both of them were still having more than 60% aggregate marks. As a result, patent office granted them patent agent license. After this particular case, patent agent changed the total marks for viva to 50 from 100 and thereby changed the minimum pass percentage in viva to 25%. So for now, Qualifying marks for each written paper shall be 50% and for viva voice it shall be 25%. A candidate shall be declared to have passed the examination only if he obtains an aggregate of 60% of the qualifying marks.

Q23. How and what to study for paper II and viva voice? Ans. The following points might help in you; • Case Study type questions have become a very important part of the paper II now. External guidance might be needed. If you are trying to make your own case studies try to incorporate as many sections as possible in a single case study to make it complex. This way you will get use to understand what should happen if more than just one condition is applied in real life situations. • Patent Drafting ability is very important part for qualifying the exam and some time you will really need guidance on this part.

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• Viva Voice is again an important part of the exam. Question which cannot be discussed in the written paper are asked in the viva. Both pin-pointed and purely subjective questions are asked by the examiners. Having a question bank can help. Also you should understand that by making you a Registered Patent Agent - government is making you an extension of itself to help in the work which it cannot do as there are only four patent office in India and the demand for Patent professionals is too high. So they are expecting you to be able to help clients or other inventors in the filing procedure - again real life case studies can be asked.

All in all clearing Patent Agent Exam means you completely understand the rights and duties of an inventor or researcher with respect to the invention and also with that of the government towards these inventors. You will be a Government agent helping clients to file patents for their inventions and helping them increasing the scope of their invention.

Q24. Is it compulsory to join any coaching for this exam? Ans. No. Coaching is not compulsory. In fact Indian Patent Office has not recognized any institute, college or university for the same. For the same reason, knowing the credentials, expertise in IPR and experience of the institute providing Patent Agent Exam training can be handy while choosing its course or programs for your preparation. Check out how to choose an institute for patent or IPR studies.

Q25. Since I don’t know much about study material (case studies, patent drafting, basic laws & concepts) about Patent Agent Exam, is there any institute which provides classes as well as course material that can help? Ans. Yes, IIPTA provides 2 months classroom as well as weekend programmes for providing coaching to all those students who want to clear patent agent exam. This course is basically designed to let the students have an in-depth knowledge about the basic laws and concepts of Indian patent law. Students will have to regularly come and attend the lectures. In the meantime they can also ask their queries in the classroom. Besides this, IIPTA also provides study material and high quality notes sufficient enough to cover all the aspects which are required to pass the Patent Agent Examination.

Q26. Does it mean that I cannot join the course since i am working/college going student? Ans. You no more need to feel disheartened by thinking that you cannot join this course just because you are in a job or you are a college going student. Infact, you don’t even required to leave your job or college for preparation of patent agent exam, since IIPTA provides 2 months distance learning patent agent examination programme for all those students who are either working or college going and cannot attend the regular or weekend classes. It simply means that you can now prepare very well for patent agent examination by sitting at home or without leaving your job. Sufficient course material would be dispatched to your postal address, so that www.iipta.com 7 A Must Read Guide For Patent Agent Examination

you can prepare notes for yourself after reading the books and sample q’n papers. Besides this, previous year solved q’n papers are also provided with the course material. If you come across any doubt then, you can ask your queries online. We revert promptly to your queries by online facilities.

Q27. Is there any book or online help for study? Ans. Yes, there is help. You can download and read the Bare Act - The Patent Act 1970 from the internet. It contains pretty much everything asked in the Patent Agent Exam. Or you can join courses offered by various institutes on Patent Agent Examination Preparation. IIPTA provides guidance and preparation courses on Patent Agent Exam as Classroom, Distance Learning, Crash Course, Test Series and Express 6 days - delivery formats.

Q28. What is the number of seats announced by Indian Patent Office for the exam? Ans. There is no specific number of seats specified by the Indian Patent Office for becoming a patent agent. Seeing the past years trend, maximum number of seats per year for registering Patent Agents is increasing every year.

Q29. Where will be the exam conducted? Ans. Till 2010, the exam was conducted at the 4 patent offices of India namely, Delhi (exactly in Dwarka, Delhi NCR), , and Mumbai. But, the number of applicants significantly increased in 2011, so, Patent Office allotted college and university centers for conducting the exam. So, it can be expected to be the same in the future. The Centre would be mentioned in the admit card you will receive via mail from the Indian Patent Office.

Q30. Can the exam be given online from places other than the four metro cities mentioned above? Ans. So far, the patent office has never taken this exam through online means so we do not see any possibility of attempting this exam online in the near future. Rest of the decision depends upon the patent office examination authorities itself. May be they could think over taking this option into consideration, so that maximum number of candidates can give this exam or might clear as well. But, for now there is no such scope for the same.

Q31. After qualifying Patent agent exam, can a person serve as patent agent life long or is it valid only for a limited period of time? Ans, After passing the patent agent exam and being a registered patent agent one has to pay an annual renewal fee in order to maintain their license till lifelong. There is no such expiry of this license at any age until and unless you are paying the annual renewal fee.

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Q32. Can a person currently unemployed and not associated with any organization give the exam? If yes, how helpful will it be it getting him/her an employment? Ans. Any science graduate (hardly matters whether employed or unemployed), who is able to pass this patent agent exam can become a registered indian patent agent and serve the nation with his abilities of preparing patent specification, drafting patent claims and patent filing.

Q33. How many attempts are allowed for a candidate in order to give the exam? Ans. There is no such maximum number of allowed attempts notified by Indian Patent Office till date i.e. you may appear for the exam as many times as you wish and until you qualify as a Registered Patent Agent.

Q34. How difficult is the exam? Ans. Some people think that this exam is tough because it is technical and a little law is involved. Patent law revolves around research, invention and rights of an inventor, so it is interesting. Just make sure you don’t start preparing for the exam in the last week and expect to clear it. Start a little early and take just a little time out of your office or regular studies and you will be good. Further, you can also focus on some of the previous year papers in order to get an idea about the questions that usually come during this exam. If you need expert help you can see the patent agent exam preparation series by IIPTA.

Q35. Does it mean that this exam is very easy? Ans. Try this and you might fail. Firstly; if you are a lawyer; but do not have an additional science degree, your application to appear in the Patent Agent Exam will be rejected by the Patent Office of India. Secondly, good patent claim drafting is not an easy task, for which you need to practice hard a lot and should have proper guidance as well. Law will only tell you, what is the definition of claims of a patent? Rest of the efforts, you need to put up by your own. Lastly, in viva voice, you will be asked question from the intellectual property or patent aspects of different technologies and science. Question could also be asked from the respective domain knowledge (Biotechnology, Pharma, Botany, Zoology,etc.)

Q36. What is the difference between a patent agent and ? Ans. Patent Agent and Patent Attorney are different people and they have different job. No one is above the other.

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Patent Agent Patent Attorney 1. NO Law Degree required. 1. Law Degree Required.

2. Understanding the invention - easy 2. Science Degree Required. because you are a science graduate. 3. If there is an infringement, i.e. someone is 3. Understanding if the invention is stealing someone else’s invention; patent patentable or not. etc. a patent attorney will be representing the client in the court of law. 4. Understanding that the invention is just one invention or a group of inventions. 4. Giving notices to the infringing party.

5. Drafting the patent claims to be actually 5. Note that patent attorney may also do all protect in the invention. the things that a patent agent does, but essentially they are experts in the Court 6. As you are a technical person, you can help of Law which might take most of their in increasing the scope of the invention time. by also including the applications of the invention in various industries, which a lawyer may not be able to do. Thus helping the inventor greatly.

7. Filing the patent application on behalf of the inventor.

8. Replying to the technical objection of the patent office in the first examination report.

9. Due to continuous research, if the invention is achieving even better results in the lab, you may be filling a patent of addition.

10. Getting the grant certificate for the inventor

If you see your future in court of law and litigation – go for being a Patent Attorney, if you prefer staying in the science and technology field, being a Patent Agent is the right choice.

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Q37. Can I practice in the US, Europe etc. also with this certification? Ans. No. Indian Patent Agent Examination is only for Indian citizens and is recognized only by Patent Office of India. To practice as a patent agent in other countries, one has to qualify patent agent exams of the respective countries.

Q38. What are the requirements to become patent manager? Ans. Patent Manager does a slightly different job. Once the invention is protected, how to monetize the patent or IP asset (helping the company make money) or pre-research project planning using the IP knowledge or handling the licensing or technology transfer for a particular patent etc. I suggest you go through the curriculum of Patent Management Diploma to get a better idea of what a Patent Manager will be involved in. http://www.iipta.com/ipr/ ip-management-level-courses. There is no formal education in India for becoming a Patent Manager expect for the Post Graduate Diploma in Patent Law and Management provided by IIPTA, have a look.

Q39. Can I get information about the exam conducted by DIPP( Dept. of Industrial policy and Promotion), for the post of Examiner of patent control and designs? Whether the final year students of post-graduation are eligible to appear for it or not? Ans. The DIPP post for Patent Examiner is a job posting and not a certification etc. of any kind. The requirement is almost one time and may or may not be available in future. And hardly any institute provides any program or course related to Patent Examiner post. For any other information on Patent Examiner post, please refer to the DIPP website.

Hope, this guide helped you sorting out all the doubts regarding patent agent examination preparation. If you would like to have further assistance, you may log on to www.iipta.com or you can directly contact the officials.

Wish you good luck ..!!

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