Patent is a techno-legal document. A patent is granted to an invention which is novel, has an inventive step and industrially applicable. Patent is granted with an exclusive right by the government of a country as a reward for the contributions made by the innovators. Patent may be called as an agreement between the inventor and the government for a limited period of time, usually 20 years in most of the countries. A patent is a territorial right given to an inventor. Patent is not protected to a jurisdiction where it is not filed. The exclusive rights granted to a patent include manufacturing, selling, offering to sell, importing, licensing etc. For a time period of 20 years, only patentee is allowed to exploit the patented invention. Any third person performing any of the above will commit an act of infringement.
Role of Patent Agent
Patent agent is a coordinator between the patentee and the Patent Office. The role of the patent agent is to act on behalf of the Patentee or the inventor. A patent agent has legal and technical skill to define the scope of the patent and extend of the claims. In addition to this the first role of a patent agent is to help an inventor to convert his innovation into a patentable invention which can be filed as a patent application under the prescribed laws of a country.
Other roles of a Patent Agent are Patent Search, FTO/Infringement Analysis, Patent Drafting, Prosecution in the Patent Office to grant of a patent, drafting and filing opposition, revocation of a patent, maintenance of patents and IP enforcement. Patent agent played a very important role starting from the conceiving of an idea till the enforcement of a patent. Under Indian Patent Act 1970, a Patent Agent is authorize to act on behalf of the Patentee, carried out business assignment and appears in the Patent Office on behalf of the patentee.