Patent Attorney
Introduction:
A patent is a legal property right granted by states or governments to the owner of an invention for a specified period of time. A patent provides the right to the patent holder/ patentee or the inventor to prevent others from making, using, selling or distributing their invention. Patent law also known as patent rights is the area of law that relates to intellectual property rights and it provides protection for anyone who has created an original idea.
Patent application is granted for 2 years
Nature of Work:
The services provided by a Patent Attorney involves:
- Patent monitoring or searching whether an invention is already patented
- Drafting of patent specifications (describing the details of the invention along with a statement of claims) as per the rules and regulations of the concerned authorities
- Coordinating with the patent officer for obtaining a patent
- Subsequent correspondence with the patent office on the objections raised
- Defending an application against the opposition /objections raised by the patent officer
- Filing patent opposition proceedings and representing the client in an opposition matter
- Representing the client in hearing case in the court of law, in filing a lawsuit in case of an infringement (in case somebody else is stealing the clients invention) and all other patent
- Licensing of the granted patent
Personality:
Besides their basic law degree these professionals should possess a background of science and technology to understand and assimilate the technology being patented. Being a patent attorney, there is no objection to practice in the courts
Professional Courses:
Practice as a Patent attorney, a person should have either 5 years or 3 years bachelor's degree (LLB) in Law. Minimum qualification for 5 year LLB program is a pass in Higher Secondary Examination, and Graduation in any stream for 3 year LLB program.
Duration:
3 years LLB program
Eligibility:
Besides their basic law degree these professionals should possess a background of science and technology to understand and assimilate the technology being patented. Being a patent attorney, there is no objection to practice in the courts. Doing specialization in intellectual patent rights/patent law is advantageous for one to flourish in their field. Patent Attorneys should have good knowledge of English language along with a strong background in science, technology or engineering stream. Research, communication and written skills, analytical and interpersonal skills are the key requirements for Patent attorneys/patent agents. They should possess an eye for detail to understand all kinds of information. They should be energetic and dedicated, to work under pressure and for long hours. The patent attorney/ agents must have some technical skills in engineering, technology, physics, chemistry or biology. Creativeness is another attribute needed for these professionals for making valuable contributions to the invention, design or software.
Career Prospects /Companies:
A spiring patent attorneys / patent agents can start off their career as a trainee by joining a firm specializing in patent services. As a patent attorney/ patent agent, one can find opportunities in law firms as well as corporate organisations. Intellectual Property Law Firms in India dealing with matters especially in intellectual properties such as of trademark, patents, copyrights etc. employs patent attorneys/ patent agents to take care of their patent issues.
Remuneration:
In India, the basic remuneration of a trainee patent attorney range from Rs 15,000 to Rs 20,000. The pay can increase within a shot span of time, with one's performance and experience. Salary of patent agent in India varies from 3 lakh to 15 lakh per annum.
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