The Ultimate Guide to Patent Attorney Registration

 

What is Patent Attorney Registration?

Patent attorney registration is the process by which individuals become authorized to practice as patent attorneys. This involves meeting specific educational and professional requirements set forth by regulatory bodies.

Qualifications for Patent Attorney Registration

To become a registered patent attorney, individuals typically need to have a background in science or engineering, as well as a law degree from an accredited institution. Additionally, passing the patent bar exam is usually required.

Steps to Patent Attorney Registration

1. Education: Obtain a degree in science, engineering, or a related field.
2. Law Degree: Complete a Juris Doctor (JD) degree from an accredited law school.
3. Pass the Patent Bar Exam: This exam tests knowledge of patent laws and regulations.
4. Gain Experience: Some jurisdictions may require a certain amount of experience working with patents.
5. Apply for Registration: Submit an application to the appropriate regulatory body along with any required documentation and fees.

FAQs

Q: Can I become a patent attorney without a law degree? A: While a law degree is typically required, some jurisdictions may allow individuals with extensive experience in patent law to become registered without a JD.

Q: How long does the registration process take? A: The timeline for patent attorney registration can vary depending on factors such as education, exam schedules, and processing times for applications.

Q: What are the benefits of becoming a registered patent attorney? A: Registered patent attorneys have the authority to represent clients in patent-related matters before the United States Patent and Trademark Office (USPTO), providing valuable legal services in the field of intellectual property.

 Position: Accounts Manager & Admin Manager

Location: Kolkata

Name of the Organisation: Biswajit Sarkar Advocate & IP Attorney

Job Summary:

The Chief Financial Officer will direct and oversee the financial activities of the corporation,

direct the preparation of current financial reports and summaries, and create forecasts

predicting future growth.

Supervisory Responsibilities:

▪ Oversees Accounting department, budget preparation, and audit functions.

▪ Works with other department heads to monitor each department and make

recommendations.

Duties/Responsibilities:

▪ Directs the preparation of all financial statements, including income statements,

balance sheets, shareholder reports, tax returns, and governmental agency reports.

▪ Compares sales and profit projections to actual figures and budgeted expenses to

actual expenses; makes or oversees any necessary adjustments to future projections

and budgets.

▪ Reviews planning process and suggests improvements to current methods.

▪ Analyzes operations to identify areas in need of reorganization, downsizing, or

elimination.

▪ Works with the President and other executives to coordinate planning and establish

priorities for the planning process.

▪ Studies long-range economic trends and projects their impact on future growth in

sales and market share.

▪ Identifies opportunities for expansion into new product areas.

▪ Oversees investment of funds and works with investment bankers to raise additional

capital required for expansion.

Required Skills/Abilities:

▪ Excellent management and supervisory skills.

▪ Excellent analytical and organizational skills.

▪ Proficient in database and accounting computer application systems.

▪ Excellent written and verbal communication skills.

Education and Experience:

▪ Master's degree in Business Administration Or MCom or BBA or BCom: Accounting,

or Finance required.

▪ Certified Public Accountant designation preferred.

▪ Eight to ten years of experience in financial management required.

Physical Requirements:

▪ Prolonged periods sitting at a desk and working on a computer.

▪ Must be able to lift up to 15 at times.

▪ Must be able to access various departments of a given location.

  Title: Patent Manager

Location: Kolkata, India

Overview:

We are one of the top IP Law firms in India and having global presence. To know our details, please visit our website www.biswajitsarkar.com We are seeking a skilled and motivated Patent Assistant to join our legal team.

Job Description:

As a Patent Manager, he will play a crucial role in supporting our legal team in the management of intellectual property portfolios. This position offers a unique opportunity to work in a fast-paced and collaborative environment, contributing to the protection of inventions.

Qualifications:

• ·        Bachelor’s degree in a relevant field (e.g., Legal Studies, Intellectual Property, Engineering or Science).
• ·        Previous experience in patent prosecution, either in-house or at a law firm, is preferred.
• ·        Familiarity with patent databases, patent search tools, and document management systems.
• ·        Excellent written and verbal communication skills.
• ·        Knowledge of international patent laws and procedures is a plus
• .

Job Description:

• ·        Filing patent applications before Indian Patent Office, USPTO or the WIPO in a timely manner to meet
• deadlines.
• ·        Preparing forms for filing patent applications and international applications under the Patent Co-operation
• Treaty (PCT) in India and in U.S.
• ·        Maintaining and managing the company s intellectual property client dockets.
• ·        Communicating with international clients and foreign law firms.
• ·        Develop and streamline internal patent administration tasks and procedures.
• ·        Maintaining and updating client files.
• ·        Tracking upcoming deadlines and notifying the team and the clients of upcoming deadlines.
• ·        Following up on status of applications filed with the patent offices.
• ·        Reviewing documents received from various patent offices, notifying clients of the same, filing responses if
• necessary, and updating the intellectual property client dockets.
• ·        Preparing various documents and forms such as Power of Attorney, Oath or Declaration and other patent
• related forms.

Working Experience: 1 - 2 Years

Benefits:

We offer competitive compensation packages and a range of incentives.

How to Apply:

Interested candidates should submit their resume at biswajit.kol@gmail.com

Application Deadline:

The deadline for applications is within two weeks.

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Patent Attorney in India

You have put in years of hard work and huge amounts of money in your invention, but what happens if somebody recreates it  through a different method and calls it his own? That’s where patents come into play. Patents are exclusive rights which are granted to the true and first inventor of a product or process, to the exclusion of others, for a fixed period of time. Patentee can sell, assign or license these rights to others.

In our previous blog, we have dealt with the whole procedure of patent registration in India. But who does all this for an inventor?  First there should be a clarification about the difference between a “patent attorney” and a “patent agent”.

A patent agent is a person who does patent prosecution i.e. patent drafting, filing and registration, for the inventor. He should have a degree in science, technology or engineering and must have qualified the Patent agent examination in India. He need not be a qualified lawyer. A patent agent is entitled to:

·         Practice before the Controller; and

·         Prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under the Patent Act, 1970.

On the other hand, a patent attorney deals with litigation aspects of a patent like infringement and filing an opposition. A patent attorney holds a degree in law and he may or may not have a technical background. He practices before a court of law and deals with the litigation part of patents.

Nowadays, many patent attorneys are registered patent agents as well to provide the full range of services from patent prosecution – prior art search, filing of patent application, publication, examination and registration of patent – to litigation in case of infringement and filing of opposition.

MOU on IPR- SWEDEN AND INDIA

Sweden and India – A step towards deeper ties between the two nations!

In recent times, IPR has been in limelight in India. The Modi government is trying hard to give a strong IPR regime in India. This will in turn benefit entrepreneurs, investors and businesses. For this purpose, the Cabinet meeting, led by Prime Minister Narendra Modi approved the proposed MoU on IPR cooperation between Sweden and India.

The MoU has set up a wide ranging and flexible system through which the two nations can trade best practices and cooperate with each other in organizing training programs and technical exchanges to highlight the issues on IPR and better protection on Intellectual Property Rights among public, SMEs and educational institutions of both the countries.

This in turn would help India to exchange experiences in innovation and IP ecosystem which will also enhance the knowledge of IPR. This will be a giant step towards India becoming a major player in Global Innovation and consequently will also further the objectives of National IPR Policy, 2016. The MoU will also cover cooperation in automation and modernisation projects, new documentation and information system in IP and procedures for management of intellectual property.

Kwality Meltdown

Kwality is an iconic ice-cream brand in country. Founded in 1992, Kwality Ltd sells dairy products under its brand `Dairy Best'. But the relationship between the founder’s son, Ravi Ghai and his father’s former business partner, P.L. Lamba is no longer agreeable. Mr. Ghai has dragged Mr. Lamba to Court, alleging that the Lambas unlawfully transferred the intellectual property of brand `Kwality' to another company. 

Mr. Ghai, a promoter of Mumbai based Graviss Holdings, accused the Lambas of selling the copyright of the artistic work of the word `Kwality' to a Delhi-based dairy firm Kwality Ltd in August. According to Mr. Ravi, Graviss owns the right of the trademark.

In the Delhi High Court, Graviss argued that it had allowed limited rights to the Lambas to use the trademark for ice-creams and ice lollies in the northern parts of India. This didn't entitle the “defendants to further assign the same in favour of a third party”. In December, the High Court ordered the Lambas and Kwality Ltd to restrain from the usage of the brand till further order.

Mr. Ravi alleged that the Lambas sold the rights to use the Kwality artwork in relation to milk products and non-alcoholic beverages to Kwality Ltd. After purchasing the `Kwality' artwork from Lambas, the company allegedly, roped in actor Akshay Kumar to endorse its products under the same brand name. 

The order on this matter is still awaited. However, this dispute should not cause any suffering to our taste buds.

- Atanu Mistry

Trademark ‘Harris Faulkner’ infringes right of Anchor Harris Faulkner

Harris Faulkner, an anchor for the show “Fox Report Weekend” and a co-host for “Fox Outnumbered” brought a suit against toy producer Hasbro for making a toy reflecting her in ditto.She instituted a suit under trademark law for false endorsement and unfair competition as well as violation of her right of publicity. She claimed five million dollars as penalty for this unreasonable similarity.

A small toy hamster that Hasbro has also named “Harris Faulkner” is based on Harris Faulkner. The toy has similar name and look with the Fox News presenter.Faulkner said that the hamster has 'physical resemblance to her traditional professional appearance, in particular the tone of its complexion, the shape of its eyes, and the design of its eye make up'. Hasbro used TM next to the name “Harris Faulkner”.

The reporter contented in her plea that using her name as trademark by Hasbro has violated Faulkner’s right to control the use of her name and likeness. Faulkner found it a ‘direct and contributory' acts of unfair competition and brought the suit under Lanham Act.

In response to this Hasbro said that“mere use of a real person's name for a fictional character is not actionable as a right of publicity claim absent additional evidence that the unique identity of that person has been misappropriated,". It also held that name-sameness is not enough to state a claim for a violation of one’s right of publicity under well-established law. Though the company argued its best, the act of the company is deemed to be intervening of someone’s right and it is more likely to get punished.