Role of a Patent Attorney

What is a Patent?

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). 

A patent is territorial in nature. It is granted by the Central Government and is enforceable within the Indian Territory. A Patent is granted for any product or process invention for a period of 20 years.

In order to apply for a patent, it is essential to file a patent application under the Chapter III of the Patent Act. Statutory protection of patent rights in India is administered by the Office of the Controller General of Patents, Designs and Trade Marks, a government agency which reports to the Department of Industrial Policy and Promotion, under the Ministry of Commerce and Industry.

The application procedure for a patent is quite nuanced. The drafting of a patent application requires immense knowledge of science, law, and language. A patent attorney specializes in a particular science field and understands the new technologies. He is thus, able to explain the invention to others. The disclosure of the invention is a mandatory and imperial step in the patent application procedure.

Role of a Patent Attorney

A patent attorney is qualified to advise clients about patents, along with other allied intellectual property rights. He assists the owners or inventors in filing the patent application and helps them obtain patent, as granted by the patent offices from around the world.  From individuals to start-ups to mega corporations, every client has different needs when it comes to patents. A patent attorney is apt in adapting to the diverse requirements of each client while simultaneously being up to date with the new and emerging technologies.

A patent attorney assists a client by performing a myriad of tasks required for a patent grant. This includes drafting the specifications and claims. Drafting claims requires a technical background in the respective field of the invention. It also requires an expertise in language and law. The process of patent application also requires ability to analyse technical documents to differentiate between the prior art and the new invention.

Patents are a brilliant tool for commercialisation and can be a major asset in any industry. Their proper application is of paramount importance. This is usually done by licencing the patent. A patent attorney has the requisite skills in drafting such licence contracts. They are also qualified in the industry standards and practices and can better advice their clients in the workings of a patent.

A patent attorney is also skilled in the analysis of the existing patent environment. They advise their clients by assessing the risk of infringing any existing patents. In case of opposition or infringement, the patent attorney also involves in litigation and argue on behalf of the clients.

The patent attorneys monitor and keep a check on any potential infringement of the patents of their clients. They aid and advice their clients about the best course of action in case of a third- party infringement.

Since a patent is territorial in nature, a patent attorney can council their clients in getting patent protection in other countries as well. This can be done by filing an application under the Paris Convention (Convention Application) or the Patent Cooperation Treaty (PCT Application).

Conclusion

A patent registration is a vital step in the commercialisation of an invention. It helps prevent others from infringing upon ones invention. While anyone can file a patent application, it is always advisable to consult and hire a patent attorney as they have a more nuanced understanding of the application procedure. The management and working of a patent is a time consuming and often complicated task. Navigating the deep and turbulent waters of the international and national patent regime requires professional skills. A patent attorney will bring such skills to the table.