Patent

Upcoming patent agent examination


We have received multiple queries from our readers regarding the patent agent examination.  Although there is no formal date prescribed as yet by the patent office, we may safely assume that the examination would be held anytime after August 2012.
Our readers would remember that we had in one of our previous post discussed the implications of the weightage reduction to viva-voce examination.  In that case the Delhi High Court (“DHC”) had struck down the minimum 50% weightage given to viva-voce examination.  “Prescribing minimum 50 per cent marks in the interview may not be appropriate …. when the rule mandates securing 60 per cent marks in aggregate in all three papers i.e. two written and one viva-voce test.   This rule  is therefore  arbitrary  and becomes violative of Article 14 of the constitution.  To this extent namely prescribing minimum 50 per cent marks in the viva voce is struck down.  We, however, leave it to the rule making authority to either give less weightage by prescribing lesser minimum marks which should not be more than 25 per cent.”  This case was decided late February 2012, and was made applicable to the case of Anvita Singh only.
So till the time the above case was decided the patent agent exam could not be held.  Thereafter another petitioner, Ms. Renu Bala had approached the DHC to decide her case and other similar cases too because she too had secured at least 60% in the viva voce but had secured less than 50% marks in viva-voce.  In this case (W.P. (C)-3333/2012), the Hon’ble Division Bench (DB) directed the Union of India to carry out the amendments to the patent rules within three months.
In particular, the DB (Justice A.K. Sikri and Justice Rajiv S. Endlaw) held:
“3. We are informed by the learned counsel for the respondent that the matter necessitates amendment of the concerned rule and which aspect is under consideration by the Ministry of Law.
4. In view thereof, we dispose of this writ petition with direction to the respondent to carry out the suitable amendment, in terms of aforesaid  direction, within three months. The case of the petitioner shall thereafter be considered in terms of the amended rule.
Because the petitioner, Renu Bala was represented by myself, and Ms. Sneha Jain of Sai Krishna Associates, we were present at the time the order was passed.  We had discussed the fact that not only the present petitioner, but others like her and Anvita Singh (who secured at least 60% in two written examinations but less than 50% in viva) were declared failed overall in the examination.  The Hon’ble Judges thereafter directed the Union of India to amend the rules within three months and thereafter consider the case of the petitioner.
Therefore, we can safely assume that the patent agent examination would not be held until the rules are amended.  We will inform our readers of the change  in the rules as soon as we come to know of them.
I would recommend those of our readers who are planning to prepare for the upcoming patent agent examination, to start preparing for the same by reviewing the latest patent manual and controller’s decisions and practice drafting claims and specification from documents made available online at the IPO website.  One good way to learn claim drafting is just to see the complete specification and the drawings and prepare claims from these two documents.  Thereafter download the claims and compare your claims with the  claims on file to see whether you get claim the correct invention. Similarly, it is possible to draft a skeletal specification from claims.
Rajiv Kr. Choudhry

Rajiv Kr. Choudhry

Rajiv did his engineering from Nagpur University in 2000 in electronics design technology. He has completed his LL.B. from Delhi University, Law Center II in 2006, while working as an engineer at ST Microelectronics in NOIDA. After his LL.B., he went on to The George Washington Univeristy, Washington DC to do his LL.M. in 2007. After his LL.M., he has worked in the US at a prestigious IP law firm based out of Philadelphia. Till 2014, he was Of-Counsel to a Noida based IP law firm where he specialized in advising clients on wireless, telecommunication, and high technology. Rajiv is the founder of Tech Law Associates, a New Delhi based law firm specializing in IP law, with a focus on high - technology, and patent law. His core IP interest areas are the intersection of technology and IP, Indian IP policy, innovation, and telecommunications patents. He is also an inventor with pending applications in machine-to-machine communications domain (WO2015029061).

9 comments.

  1. AvatarEzhil

    Please inform any reference books for `Patent draft claim Drafting’ and availability if possible…

    Thanks and Regards
    Ezhil arasan

    Reply
  2. AvatarAnonymous

    Dear Sir,
    thanks for the above important post! I started preparing for the Indian Patent Exam 2013. I am really confused with how the marks are distributed to two papers (I+II) and viva. If i am correct:
    Paper I 100%
    Paper II 100%
    Viva 100%
    How the overall average will be calculated until now, 2012? Let the average of Papers I & II be ‘A’. Then the overall average is (A+Viva)/2, which should be 60 or more. Is it correct?
    thanks

    Reply
  3. AvatarPatent Anchor

    Hi Rajiv
    I have degree of M. Sc. (Chemistry) from University of Delhi and also appeared in the Patent Agent Exam 2011 (Roll No. D0368) and qualified both written papers with more than 60% (61 % marks in first paper and 60 marks in second paper). However, I was declared failed as I got only 50% marks (Just qualifying limit) in viva-voice.

    Now I kindly seek your advice that how can I file a case for the same reason as the high court ignores the marks of viva voice regardless minimum qualifying marks (50%).

    Thanks/Please

    Reply
  4. AvatarPatent Anchor

    One more interesting fact I would love to share with you all here is that I also appeared in the Patent Agent Exam 2010 (R. No. D0164) and was awarded 80% marks in viva voice even I got failed in II written paper with 48% marks, however, I managed to secure more than 60% in aggregate.
    Isn’t it surprised? I was put on opposite scales in two consecutive patent exams held in 2010 and 2011, and most importantly, when I was failed in written exam (II), the interviewer assumed me as par an EXCELLENT awarding me (80%) marks in viva, and in contrast, when I did fairly good in written paper in last exam held in 2011, the interviewer assumed me as par BAD OR POOR awarding me (50%) marks in viva…

    Reply
  5. AvatarAnonymous

    Dear Rajiv sir,

    Thanks for updating us on various IP issues.

    We are desparately waiting for next patent agent exam. Can you please tell us when is the expected date for the same.

    Thanks,

    Reply

Leave a Reply

Your email address will not be published.