A Must Read Guide For
Patent Agent
Examination
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IIPTA
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A Must Read Guide For Patent Agent Examination
T
his is a complete guide for all those who are either preparing or
wants to prepare for patent agent examination. is resource will
provide you an in depth detailed knowledge about the patent
agent examination, it’s syllabus, eligibility criteria, exam pattern,
what and how to read from where, etc. In short, all the information
regarding this particular exam can be found in this particular white
paper.
Hope you will nd it useful in all the ways .. !!
OVERVIEW
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A Must Read Guide For Patent Agent Examination
Q1. Who is a Patent Agent?
Ans. In India, a person registered to practice before Indian Patent Oce is called a “Registered
Patent Agent” or simply “Patent agent”. An Indian Patent Agent has the necessary qualication
to represent client’s invention before the Indian Patent Oce. e Register of Patent Agents
containing the names and addresses of all the registered patent agents is available at:
www.ipindia.nic.in
Q2. What is the job prole of patent agent?
Ans. A patent agent can dra a patent specication for an invention in conformance with the
Indian Patent Act and can also le a patent application for any invention. Post ling, he can
also prosecute the patent application by responding to examination reports issued by the patent
oce and attend hearings in the patent oce, if required. Furthermore, he will address a client
various statutory requirement set forth by the Indian Patent Oce.
Q3. At present, what is the scope of career being a Patent agent?
Ans. Nowadays, every life science background company (whether pharmaceutical or
biotechnological), big enterprises or small and medium enterprises have their own IPR
department because they all look for various ways in order to protect their IP assets such as their
ideas, concepts, trademarks or products. Today’s Patent Trend is such that all these companies
require a new group of highly specialized experts such as intellectual property (“IP”) lawyers,
patent agents and attorneys who can solve this purpose of the companies. is is because in
today’s competitive world intangible assets i.e. Intellectual property rights contribute immensely
in the development of a corporation.
Q4. Do I require a law degree to become Patent Agent?
Ans. To practice as a Registered Patent Agent in India, all you need to do is simply qualify
the patent agent exam that government conducts almost every year and there is absolutely no
requirement for a law degree for the same.
Q5. Do I have to become a lawyer to practice on my own or otherwise?
Ans. No, there is absolutely no need to become a Lawyer to practice as a patent agent in India.
Once you qualify the exam, you can work in any company requiring patent agents and also
start your own consultancy rm.
Q6. Being a Research Associate and from R&D background, can i consider Patent Agent
as my Career Option.
Ans. Patent Agents are employed in most of the Corporates having R & D background to check
the inventions developed, infringement activities of their routine procedures etc. Most of the
MNCs/corporate prefer the R&D employees with certied Patent Agent qualications for
examining patentability of inventions, ling procedures, draing specications etc. as a part of
their R&D job.
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A Must Read Guide For Patent Agent Examination
Q7. How is the career in patent compared to Research in Biotechnology?
Ans. ere are almost 2100 Patent Agents in India as I’m writing and there are Lakhs of biotech
researchers. Every good company today has funds for the research and also the manpower
availability due to presence of thousands of biotech colleges in India. What they lack in is IPR
facilitating their research and also the protection and monetization of the IPR they are creating.
ere you go. Patent and IPR knowledge highly increases your chances of getting a much better
job than a general biotech researcher. If you are already working, being a registered patent agent
will denitely on your assessment chart of your next promotion and salary increment. Apart
from this you also have a choice of working as an executive when you are a patent professional
as compared to 24 hour lab and microscope environment for the biotech researchers.
Q8. Does it mean that my science knowledge will not be utilized in this profession?
Ans. Again, minimum and compulsory qualication for even appearing in the Patent Agent
Exam is - Science Graduation, therefore, knowledge of science is must and will always be
utilized in patent works. Also, there is a list of things a Patent Agent is responsible for and they
are not possible without any scientic knowledge.
Q9. How can I become a Registered Patent Agent?
Ans. Indian Patent Oce (Controller General of Patents) conducts a qualifying examination for
patent agent registration yearly (earlier, it was twice a year). Aer qualifying this examination,
one can become a Registered Indian Patent Agent. Since, it is a government exam; you will get
a certicate from the government and a registered patent agent number soon aer clearing the
exam.
Q10. Does it mean that i will have to change my location to a place where patent oce is
located aer becoming a patent agent?
Ans. No, change of location is not required. It is called Indian Patent Agent and not something
like Delhi Patent Agent or Mumbai Patent Agent. You are allowed to practice your patent
profession anywhere or just utilize the knowledge in your present job of course of study. is
certicate will only increase your knowledge, promotion possibilities and new career option.
Q11. In which Industries/Sectors I can work/enter once I become a Registered Patent Agent?
Ans. Whatever your profession/specialization is, becoming Patent Agent does not mean that
you are changing your eld as you would be having a lot of options aer becoming a patent
agent. You can opt from any of the option/choice that are listed below:
• Independently practice Patent Law being consultant to several companies.
• Advisors to the Corporates in the matters of IP.
• Join the law rms as the Patent Agent / Technology Specialists.
• Work as Draing specialist in the eld of expert/ Patent Engineers.
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A Must Read Guide For Patent Agent Examination
• Join Patent Analytic Companies, LPO / KPO as knowledge specialists, Patent Search &
Landscaping experts.
• IP Managers in corporates managing Patent Portfolios.
• IP specialists in R&D organizations giving day to day reports on Patentability opinions.
• Join as IP Coordinators in the academic universities in identifying the inventions developed.
• Join as Technology Transfer Manager in research based academic institutes.
• Join as academician in Universities and institutes teaching Patent Law.
• Join as Patent Examiners / Patent Analysts with the IP Oces.
• Pharmaceutical & Chemical Industries.
• Biotechnology Companies.
• Research based Universities.
• Defence services (DRDO, DRDL and other Defence research wings).
• Agriculture, Seed & Fertilizer Industries.
• IP facilitation centers like TIFAC, GIAN, SRISTI, TNTDPC, NIF, CIIE, RIN, etc.
• Legal Outsourcing Companies / Knowledge processing centers.
• Law Firms-Corporate Law Firms.
• Patent Search organizations.
• Govt. institutes like CSIR, CCMB etc.,
• International bodies, like WIPO and other UN bodies.
• Indian Patent Oces.
• Law Firms + International Companies.
Q12. What is the eligibility criteria for appearing in Patent Agent Exam conducted by
Indian Patent Oce?
Ans. Eligibility criteria to appear in the Indian Patent Agent Exam are simple and as follows:
• Minimum 21 years
• Indian Nationality
• Minimum one science based graduation degree (Either regular or distance learning) in
science, engineering or technology from any university established under law in India or
possesses such other equivalent qualications as the Central Government may specify in
this behalf – B.Sc., M.Sc., B. Pharma, M. Pharma, B.E, M.E, B.Tech, M.Tech, Ph.D, MBBS
etc.
• Graduation should be complete. Final year candidates are also eligible as long as they are
able to produce nal degree, mark sheets etc. within 2 months of declaration of the Patent
Agent Exam result they are appearing for.
Q13. Is there any benet of post graduation in patent eld (particularly Biotechnology), as
the eligibility is only graduation?
Ans. As per the government rule, the eligibility criteria for sitting in the Patent Agent Examination
is only science graduation. As per our experience, subject matter knowledge always helps in
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A Must Read Guide For Patent Agent Examination
becoming an expert. If you are a post graduate in your eld, you certainly have more in-depth
knowledge about the subject. us you may help the company / client in better understanding
on how to increase the scope of their invention and in-turn do a much better job at Patent
Draing part.
Q14. When does the patent agent exam take place?
Ans. Since last some years, the exam is being conducted in the mid of January and on weekends.
Last year exam took place on 4th and 5th May 2013. e exact date of the next exam can only
be intimated when Indian Patent Oce issues the notice or announcement for the next exam.
Q15. Can you provide the date and link to apply for patent exam, or from where i can get
notication of Patent exam 2014?
Ans. e notication concerning the examination is published in the ocial website www.
ipindia.nic.in and also in at least one prominent newspaper. To register for alert, you can register
your phone number and email id on the site www.iipta.com Patent Agent info and Alert form.
Q16. When will the Forms to apply/appear for Patent Agent Exam getting released by
Patent Oce of India?
Ans. e notication and the form would be released by the Indian Patent Oce at the same
time, when they would be disclosing the ocial announcement of the examination. You can
check out the same at ipindia.nic.in
Q17. From where I can get the form for patent agent examination?
Ans. e form that you have to ll to apply and sit for Indian Patent Agent Examination is a
Application Form by Patent Oce of India. e actual form will be out soon along with the
notication of the date for Patent Agent Exam.
Q18. Which of the documents are to be attached alongwith the application form?
Ans. e following documents need to be attached along with the application :-
1. Self attested copy of proof of age;
2. Self attested copy of degree certicate;
3. Two copies of self attested passport size photographs
Q19. What is the prescribed fee and how can i apply for this examination?
Ans. Applications in the prescribed proforma and enclosures along with the prescribed fee
of Rs.1000/- (Rupees One ousand Only) in the form of D.D. in favour of “Controller of
Patents” payable at Mumbai should be sent to “e Controller General of Patents, Designs and
TradeMarks”, Boudhik Sampada Bhawan, S.M. Road, Antop Hill, Mumbai 400 037”. Envelopes
containing the application should be clearly marked on top as “Patent Agent Examination -
Ye a r.”
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A Must Read Guide For Patent Agent Examination
Q20. What is the syllabus for the exam?
Ans. ere is no set syllabus prescribed by the Indian Patent Oce for the exam, but it is stated
that to clear the exam one should be thorough with the all the Patent Oce practices and
procedures. If you wish to know more on what comes in the exam, you can have a look at the
course material prescribed by IIPTA for the preparation of exam.
Q21. What is the Pattern of the exam?
Ans. e exam consists of three (3) parts;
• Paper I – Patents Act and Rules (100 Marks) : It consists of 40 objective type questions of
one mark each and descriptive type questions of 60 marks.
• Paper II – Draing and interpretation of the patent specication and other documents (100
Marks) : It consists of a set of two questions (dierent sets for science and engineering) on
draing of 30 marks each consisting of:
• Draing of specication from given claims and background.
• Draing of claims from given specication and the rest will be descriptive/interpretative
type questions of 40 marks.
• Viva-voce examination - Questions are mainly asked from their respective domain (50
Marks).
Q22. What is the qualifying marks for each written paper and viva?
Ans. Earlier, the qualifying marks for each part (Part I, II & Viva) was 50% individually and
60% as a whole. But, aer 2011 examination, 2 students led a case against patent oce in
Delhi high court, since both of them got very well marks (more than 50%) in part I & part II but
unfortunately they were unable to get 50% marks in viva. Both of them were still having more
than 60% aggregate marks. As a result, patent oce granted them patent agent license. Aer
this particular case, patent agent changed the total marks for viva to 50 from 100 and thereby
changed the minimum pass percentage in viva to 25%. So for now, Qualifying marks for each
written paper shall be 50% and for viva voice it shall be 25%. A candidate shall be declared to
have passed the examination only if he obtains an aggregate of 60% of the qualifying marks.
Q23. How and what to study for paper II and viva voice?
Ans. e following points might help in you;
• Case Study type questions have become a very important part of the paper II now.
External guidance might be needed. If you are trying to make your own case studies try
to incorporate as many sections as possible in a single case study to make it complex. is
way you will get use to understand what should happen if more than just one condition is
applied in real life situations.
• Patent Draing ability is very important part for qualifying the exam and some time you
will really need guidance on this part.
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A Must Read Guide For Patent Agent Examination
• Viva Voice is again an important part of the exam. Question which cannot be discussed in
the written paper are asked in the viva. Both pin-pointed and purely subjective questions
are asked by the examiners. Having a question bank can help. Also you should understand
that by making you a Registered Patent Agent - government is making you an extension
of itself to help in the work which it cannot do as there are only four patent oce in India
and the demand for Patent professionals is too high. So they are expecting you to be able
to help clients or other inventors in the ling procedure - again real life case studies can be
asked.
All in all clearing Patent Agent Exam means you completely understand the rights and duties
of an inventor or researcher with respect to the invention and also with that of the government
towards these inventors. You will be a Government agent helping clients to le patents for their
inventions and helping them increasing the scope of their invention.
Q24. Is it compulsory to join any coaching for this exam?
Ans. No. Coaching is not compulsory. In fact Indian Patent Oce has not recognized any
institute, college or university for the same. For the same reason, knowing the credentials,
expertise in IPR and experience of the institute providing Patent Agent Exam training can be
handy while choosing its course or programs for your preparation. Check out how to choose
an institute for patent or IPR studies.
Q25. Since I don’t know much about study material (case studies, patent draing, basic
laws & concepts) about Patent Agent Exam, is there any institute which provides classes as
well as course material that can help?
Ans. Yes, IIPTA provides 2 months classroom as well as weekend programmes for providing
coaching to all those students who want to clear patent agent exam. is course is basically
designed to let the students have an in-depth knowledge about the basic laws and concepts of
Indian patent law. Students will have to regularly come and attend the lectures. In the meantime
they can also ask their queries in the classroom. Besides this, IIPTA also provides study material
and high quality notes sucient enough to cover all the aspects which are required to pass the
Patent Agent Examination.
Q26. Does it mean that I cannot join the course since i am working/college going student?
Ans. You no more need to feel disheartened by thinking that you cannot join this course just
because you are in a job or you are a college going student. Infact, you don’t even required to
leave your job or college for preparation of patent agent exam, since IIPTA provides 2 months
distance learning patent agent examination programme for all those students who are either
working or college going and cannot attend the regular or weekend classes. It simply means
that you can now prepare very well for patent agent examination by sitting at home or without
leaving your job. Sucient course material would be dispatched to your postal address, so that
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A Must Read Guide For Patent Agent Examination
you can prepare notes for yourself aer reading the books and sample q’n papers. Besides this,
previous year solved q’n papers are also provided with the course material. If you come across
any doubt then, you can ask your queries online. We revert promptly to your queries by online
facilities.
Q27. Is there any book or online help for study?
Ans. Yes, there is help. You can download and read the Bare Act - e Patent Act 1970 from the
internet. It contains pretty much everything asked in the Patent Agent Exam. Or you can join
courses oered by various institutes on Patent Agent Examination Preparation. IIPTA provides
guidance and preparation courses on Patent Agent Exam as Classroom, Distance Learning,
Crash Course, Test Series and Express 6 days - delivery formats.
Q28. What is the number of seats announced by Indian Patent Oce for the exam?
Ans. ere is no specic number of seats specied by the Indian Patent Oce for becoming a
patent agent. Seeing the past years trend, maximum number of seats per year for registering
Patent Agents is increasing every year.
Q29. Where will be the exam conducted?
Ans. Till 2010, the exam was conducted at the 4 patent oces of India namely, Delhi (exactly in
Dwarka, Delhi NCR), Kolkata, Chennai and Mumbai. But, the number of applicants signicantly
increased in 2011, so, Patent Oce allotted college and university centers for conducting the
exam. So, it can be expected to be the same in the future. e Centre would be mentioned in
the admit card you will receive via mail from the Indian Patent Oce.
Q30. Can the exam be given online from places other than the four metro cities mentioned
above?
Ans. So far, the patent oce has never taken this exam through online means so we do not see
any possibility of attempting this exam online in the near future. Rest of the decision depends
upon the patent oce examination authorities itself. May be they could think over taking this
option into consideration, so that maximum number of candidates can give this exam or might
clear as well. But, for now there is no such scope for the same.
Q31. Aer qualifying Patent agent exam, can a person serve as patent agent life long or is it
valid only for a limited period of time?
Ans, Aer passing the patent agent exam and being a registered patent agent one has to pay an
annual renewal fee in order to maintain their license till lifelong. ere is no such expiry of this
license at any age until and unless you are paying the annual renewal fee.
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A Must Read Guide For Patent Agent Examination
Q32. Can a person currently unemployed and not associated with any organization give the
exam? If yes, how helpful will it be it getting him/her an employment?
Ans. Any science graduate (hardly matters whether employed or unemployed), who is able to
pass this patent agent exam can become a registered indian patent agent and serve the nation
with his abilities of preparing patent specication, draing patent claims and patent ling.
Q33. How many attempts are allowed for a candidate in order to give the exam?
Ans. ere is no such maximum number of allowed attempts notied by Indian Patent Oce
till date i.e. you may appear for the exam as many times as you wish and until you qualify as a
Registered Patent Agent.
Q34. How dicult is the exam?
Ans. Some people think that this exam is tough because it is technical and a little law is involved.
Patent law revolves around research, invention and rights of an inventor, so it is interesting. Just
make sure you don’t start preparing for the exam in the last week and expect to clear it. Start a
little early and take just a little time out of your oce or regular studies and you will be good.
Further, you can also focus on some of the previous year papers in order to get an idea about
the questions that usually come during this exam. If you need expert help you can see the
patent agent exam preparation series by IIPTA.
Q35. Does it mean that this exam is very easy?
Ans. Try this and you might fail. Firstly; if you are a lawyer; but do not have an additional
science degree, your application to appear in the Patent Agent Exam will be rejected by the
Patent Oce of India. Secondly, good patent claim draing is not an easy task, for which you
need to practice hard a lot and should have proper guidance as well. Law will only tell you,
what is the denition of claims of a patent? Rest of the eorts, you need to put up by your own.
Lastly, in viva voice, you will be asked question from the intellectual property or patent aspects
of dierent technologies and science. Question could also be asked from the respective domain
knowledge (Biotechnology, Pharma, Botany, Zoology,etc.)
Q36. What is the dierence between a patent agent and patent attorney?
Ans. Patent Agent and Patent Attorney are dierent people and they have dierent job. No one
is above the other.
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A Must Read Guide For Patent Agent Examination
If you see your future in court of law and litigation – go for being a Patent Attorney, if you prefer
staying in the science and technology eld, being a Patent Agent is the right choice.
1. NO Law Degree required.
2. Understanding the invention - easy
because you are a science graduate.
3. Understanding if the invention is
patentable or not.
4. Understanding that the invention is just
one invention or a group of inventions.
5. Draing the patent claims to be actually
protect in the invention.
6. As you are a technical person, you can help
in increasing the scope of the invention
by also including the applications of the
invention in various industries, which a
lawyer may not be able to do. us helping
the inventor greatly.
7. Filing the patent application on behalf of
the inventor.
8. Replying to the technical objection of
the patent oce in the rst examination
report.
9. Due to continuous research, if the
invention is achieving even better results
in the lab, you may be lling a patent of
addition.
10. Getting the grant certicate for the
inventor
1. Law Degree Required.
2. Science Degree Required.
3. If there is an infringement, i.e. someone is
stealing someone else’s invention; patent
etc. a patent attorney will be representing
the client in the court of law.
4. Giving notices to the infringing party.
5. Note that patent attorney may also do all
the things that a patent agent does, but
essentially they are experts in the Court
of Law which might take most of their
time.
Patent Agent Patent Attorney
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A Must Read Guide For Patent Agent Examination
Q37. Can I practice in the US, Europe etc. also with this certication?
Ans. No. Indian Patent Agent Examination is only for Indian citizens and is recognized only by
Patent Oce of India. To practice as a patent agent in other countries, one has to qualify patent
agent exams of the respective countries.
Q38. What are the requirements to become patent manager?
Ans. Patent Manager does a slightly dierent job. Once the invention is protected, how to
monetize the patent or IP asset (helping the company make money) or pre-research project
planning using the IP knowledge or handling the licensing or technology transfer for a
particular patent etc. I suggest you go through the curriculum of Patent Management Diploma
to get a better idea of what a Patent Manager will be involved in. http://www.iipta.com/ipr/
ip-management-level-courses. ere is no formal education in India for becoming a Patent
Manager expect for the Post Graduate Diploma in Patent Law and Management provided by
IIPTA, have a look.
Q39. Can I get information about the exam conducted by DIPP( Dept. of Industrial policy
and Promotion), for the post of Examiner of patent control and designs? Whether the nal
year students of post-graduation are eligible to appear for it or not?
Ans. e DIPP post for Patent Examiner is a job posting and not a certication etc. of any kind.
e requirement is almost one time and may or may not be available in future. And hardly
any institute provides any program or course related to Patent Examiner post. For any other
information on Patent Examiner post, please refer to the DIPP website.
Hope, this guide helped you sorting out all the doubts regarding patent agent examination
preparation. If you would like to have further assistance, you may log on to www.iipta.com
or you can directly contact the ocials.
Wish you good luck ..!!
IIPTA
Launch a Career. Be Awesome
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