Being an Indian Patent Agent is an important credential to possess, particularly for candidates who aspire to build a career in patent prosecution and enforcement in India.

The candidates are required to qualify the Indian Patent Agent Examination, which is conducted annually by the Indian Patent Office (IPO) headquartered in Kolkata with branch offices in Chennai, Delhi and Mumbai.

1. Applying for the Indian Patent Agent Examination

The schedule of the Indian Patent Agent Examination is published by IPO on their official portal at least six months in advance. The aspiring candidates are required to fill an online form which is intended for collecting candidate information such as name, address, nationality, occupation and so on. Additionally, the candidates are required to submit the following documents:

• Proof of nationality (Passport);
• Address proof (Aadhar card/PAN card/ Driving license);
• 10th grade mark’s card;
• Degree certificate (attested by a Gazetted Officer); and
• Marriage certificate (if applicable).

Further, the candidates are required to pay a fee of INR 1600 to register for the examination. Upon submission of the required details, documents and fee within the given time (typically 1-2 months), IPO provides an official receipt which indicates that the candidate has successfully registered for the examination. Subsequently, the candidates receive an admit card from IPO at least 1 month before the date of the examination, wherein the admit card comprises the candidate details and the details regarding the examination centre.

2. Preparing for the Indian Patent Agent Examination

• Start early: It is advisable for the candidates to start their preparation at least 6 months prior to the date of the examination. Starting early will give the candidates enough time to be thorough with the Indian Patent Act, 1970, as it is important to note that the goal is not only to qualify the examination but also to acquire an in-depth knowledge of the Indian Patent Act, 1970 which is essential during prosecution and enforcement of patents/ patent applications.

• How to study: It is advisable for candidates to have access to a comprehensive interpretation of the Indian Patent Act, 1979 to understand the intended meaning of all sections and rules. Origiin IP Solutions LLP provides a highly comprehensive study material which is divided into 2 separate modules:

• Module 1 is an updated version of the Indian Patent Act, 1970 with interpretations and examples for easy understanding. This module prepares one sufficiently well for Paper 1.
• Module 2: Guide for drafting patent applications with samples. This module includes International Conventions and Treaties, PCT procedure, Patent Specification Drafting including claim drafting with examples, Tips for viva and Model question papers.

This module prepares one sufficiently well for Paper 2.

One can order these modules online from here: https://origiin.com/patent-agent-exam-training-2/

Pro tip: The examination pattern was revised in the year 2018 and hence, it is advisable to refer to the new examination format.

• Smart tools/aids: In this context, smart tools/aids refer to simple methods to make the learning process more efficient. Flash cards is one such aid which has proved to be highly useful for candidates during their preparation. Candidates may assign one card per section with relevant rules under the section, wherein repeated reference to the flash cards help in better retention of the contents present in the flash cards.

Pro tip: Candidates may make the flash cards as visually attractive as possible for better retention of information.

• Revision: Understanding the various sections and rules of the Indian Patents Act, 1970 is extremely important, however, it is more important to go revise the sections and rules at least two or three times before appearing for the Indian Patent Agent Examination given the vastness of the Act (herein, Act refers to the Indian Patent Act, 1970).

• Drafting techniques: A thorough understanding of the different sections of a patent specification is essential for acing Paper 2 of the Indian Patent Agent Examination. The candidates must have a good understanding of the anatomy of the patent specification and the scope of disclosure under each section of the specification.

Module 2 of the study material provided by Origiin IP Solutions LLP is recommended to gain an understanding of the nuances for drafting a patent specification as per the guidelines of the Indian Patent Office (IPO).

• Mock tests: Once the candidates feel they have the requisite knowledge of the Indian Patent Act, 1970, it is important to appear for mock tests to validate the acquired knowledge. For this purpose, the candidates may download Paper 1 and Paper 2 from the year 2018 from the official IPO website and answer the questions within the suggested time (I.e., 2 hours for Paper 1 and 3 hours for Paper 2).

• Fill the gaps: After the mock test, the candidates are required to evaluate their answers with the answer key provided by IPO on their official website. This will provide the candidates a clear idea on the areas which require more attention so that the candidates can go back to those areas and revise further to ensure their preparation is comprehensive.

• R&R: On the day before the examination, candidates are advised to rest well and keep their mind calm so that they can orient their mind for the examination and avoid last minute jitters.

Pro tip: Use the flash cards to recollect all sections and rules

3. Day of the examination

Candidates are required to carry their admit cards to the examination venue. The examination commences with Paper 1 which is an objective assessment for 100 marks, wherein Paper 1 mainly tests the candidate’s knowledge on the Indian Patent Act, 1970. Subsequently, the candidate is required to appear for Paper 2 which is a subjective assessment for 100 marks, wherein Paper 2 mainly tests the candidate’s knowledge on drafting a patent specification.

4. Viva-voce

The candidates who qualify Paper 1 and Paper 2 are required to attend Viva-voce (50 marks) at the designated patent office, wherein the panel of examiners at IPO ask several application-specific/scenario-based questions to the candidates to gauge the candidate’s ability to correlate the scenario with relevant sections of the act and provide appropriate responses by quoting the relevant sections of the act.

Pro-tip: Revisit the flash cards & the act before appearing for viva-voce for refreshing the memory on all sections and rules of the Act.

The above-mentioned tips/strategies for acing the Indian Patent Agent Examination are suggestive in nature and are provided based on experience.

The aspiring candidates who intend to appear for the Indian Patent Agent Examination in 2023, may write to us on info@origiin.com for further information regarding the suggested study materials and support.

Author: Dharini Dinesh

Registered Patent Agent

Origiin IP Solutions LLP