PATENT ATTORNEY

INTELLECTUAL PROPERTY RIGHTS | PATENT ATTORNEY     Intellectual Property Rights, Patent Attorney is one who has the specialized qualifications for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice such as filing an opposition. The term is used differently in different countries and thus may or may not require the same legal qualification as a general legal practitioner. In some countries they are called as patent agent or patent lawyer.   The requirements for practicing as Patent Attorney in Europe should be distinguished from those needed for practicing before the European patent office. The requirements are not harmonized across the European Union except that the EU makes sure that professional qualifications are mutually recognized to some degree. Before the EPO, the Patent Attorney must first be registered to act in that capacity as a professional representative.      In United States , a practitioner may either be a Patent Attorney or a Patent Agent.  Both Patent Attorney and Patent Agent have the same license to practice and represent clients before the Patent Office. Both Patent Attorney and Patent agent may prepare file, and prosecute patent applications and can also provide patentability opinions. In order to be registered as a Patent attorney one must pass the USPTO registration examination. This exam is referred to as the "Patent Bar"   In India , a person registered to practice before the Indian Patent Office is called as "Registered Patent Agent" or simply a "Patent Agent". The Indian Patent Law specifically does not mention the designation "Patent Attorney". The Indian Patent Agent can be considered the counterpart of the Patent Attorney in Australia , EPO or Japan .   The Indian Patent Office conducts a qualifying examination for patent agent registration twice a year. Indian Patent Law mandates a science or technical degree for persons to appear for the qualifying examination. Other criteria for eligibility include being an Indian Citizen and 21 years of age. There are approximately 1100 registered patent agents in India . Many of the patent agents got themselves registered without appearing for the qualifying examination before the amendment that took place in the year 2003. It can also be inferred that many of them who got registered before the amendment took place do not have any science or technical degree.

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