Is a patent attorney required to file a patent application?

General description: Inventors frequently ask the question “Do you 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 complete legal knowledge of national and international patent law. It is not possible for an inventor to know the details 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 owner. According to “India Patent Act 1970 “, an attorney who has a basic science, engineering and medicine degree and passed the patent agent exam is eligible to qualify as a patent attorney. The lawyer must receive professional training from a recognized institute to appear in the patent agent examination. 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, they must cite the agent code.

Duties and obligations of the patent attorney: Agents whose names have been registered are entitled to perform the following jobs under the “Indian Patents Act 1970”.

  • The lawyer must prepare, write and process the requests in relation to the case and will proceed before the controller.
  • Prepare indictment documents on related issues.
  • Handle problems related to business units.
  • Develop and design strategies for 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.
  • Provide advice to clients on patent matters.
  • Ensure compliance with laws, state and federal laws related to the issues.

Conclution: There is a big difference between an invention and a description of an invention. A record is a detailed description of the invention. However, money can be a barrier for the inventor. Keep in mind that the cost of applying through an attorney is negligible 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 lawyer of the marketability of your invention, the lawyer can help you overcome the monetary problem. An inventor should not shatter his life’s dream by thinking that he can do a better job than a trained professional.

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