| Topic : Business Opportunities in Legal Industry |
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Business and Law
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Activity:
Question posted: 02 11 2009 13:16:26 +0000,
4 answers, 528 views, last activity
07 06 2010 20:18:08 +0000
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Why it is mandatory to have a technical or science background to take up the qualifying examination for Patent Law ?
Why can't a non -technical person persue a career in Patent Law ?
What difficulties will he face if he doesn't have technical background??
A patent agent is required to have a degree in science, engineering or technology due to the kind of work he/she is involved in. For the purposes of drafting specifications and dealing with other matters relating to patents, a lawyer must have sound knowledge of the subject-matter of the patent. The subject-matter of patent is highly technical in nature and a lawyer per se may not be expected to know much about science and technology. Therefore, when a lawyer drafts a specification, files an application for patent, tackles the objections raised, represents a patent case in court, etc., he/she must know what he/she is dealing with. In order to make sure that a patent agent understands the subject matter of patents he/she deals with, he/she is, by law, required to have a degree in science, engineering or technology.
A patent agent’s day-to-day work generally involves drafting of patent specifications, making applications for patents, subsequent correspondence with the patent office on the objections raised, representing the applicant’s case at the hearings, filing opposition proceedings or defending an application against an opposition etc. All of the foregoing being highly technical nature, these aspects can be handled only by a qualified patent attorney who is also well equipped with sound technical knowledge. For the purpose of maintaining a high standard of efficiency and professional integrity in the area of patents, Section 126 of the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2002, has prescribed certain qualifications for persons practicing as patent agents, which, inter alia, includes obtaining a degree in science, engineering and technology.
[DISCLAIMER: The content provided above is not warranted or guaranteed for any purpose whatsoever and does not constitute legal advice. All negative consequences and liabilities that may result from the usage of the information are hereby specifically disclaimed. Reader is advised to seek professional advice before acting on any information.]
Hi Amar, most of the present successful patent attorney in our country and overseas do not have a technical degree, yes, without doubt a technical degree is useful but only to the extend of understanding the underlining concept. A well trained advocate should be able to grasp it. This mandatory requirement actually mirrors the quality of law education in this country that even a law degree is insufficient to make a career in Patent law.
Thanx amar for giving such useful information, i hope it will be beneficial for the intended people.
yes it is necessary to have a technical background as such he'll have the knowledge of what he is working on and if one want to get into patent one should know where and for which type of product or what sort of process they are patenting and to this technical knowledge behind it is very necessary and if one is working with drug patent for that matter one should have knowledge of biotechnology or its related field to understand the patenting system similarly in case of IT..the same goes for everything....
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