Who can file for a patent in India?

A patent application can be filed by a licensed attorney, agent, owner, and inventor.

A licensed attorney is typically a registered bar council member who is also registered as a patent attorney with the relevant patent office. While there is no requirement for patent attorneys to have technical background, it is highly desirable to hire patent attorneys with strong technology background. Only those attorneys have a strong technology background can understand the intricacies of an invention so that they can help in obtaining broadest possible protection for the invention.

A licensed patent agent is person is a person who is registered with the Indian patent office as a qualified professional to write and prosecution patent applications. Patent agents qualify for registration by writing an exam conducted by the Indian patent office. All patent agents have technical background.

Owners and inventors can also file patent applications on their own. However, due to the complexities of the law and the long drawn process involved in obtaining a patent, it is highly recommended that inventors and owners seeking to file patent applications take help from professionals to extract the best value from their inventions. Professional patent practitioners can help in obtaining broad protection for invention and also are knowledgeable to advise on the right strategies to adopt in obtaining patent rights.