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 registration. It is a costly misconception. Patent registration is a very complex matter. The registration requires a deep 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 the record.
Qualification of a Patent Attorney: Patent attorneys have the technical and legal knowledge to represent the patent holder. According “Indian Patent Act 1970″, an attorney who has a basic science, engineering, and medical degree and has passed the patent agent exam is eligible to qualify as a patent attorney. The lawyer has to take professional training from a recognized institute to sit the patent agent exam. After passing the exam, the lawyer gets an agent code. The names of all qualified agents are included in a register. 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 entered into the register, are entitled to perform the following jobs under the “Indian Patents Act, 1970”.
- The lawyer has to prepare, draft and process the applications in relation to the case and will proceed before the controller.
- Prepare prosecution documents on related issues.
- Handle issues related to business units.
- Develop and design strategies for the products or projects developed.
- Resolve 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 an application through a lawyer is negligible compared to the money required to manufacture and market the invention. My suggestion is that you should explore monetization of your invention. If you can convince the lawyer that your invention is marketable, the lawyer can help you overcome the money problem. An inventor should not shatter his life’s dream thinking that he can do a better job than a trained professional.
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