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COURSES

Patent Drafting

This course covers an introduction to the structure of the patent specification, how to search for a patent specification, how to read a patent specification and the problem-solution approach to drafting patent specifications.

Key Concepts in Patent Law

This course covers a brief introduction to patent law, how to read the Patents Act, 1970 and the Patents Rules, 2003, the fundamental concepts in patent law like novelty, inventive step, priority, prior art, anticipation, person skilled in the art, fair basis, enabling disclosure, opposition, revocation, infringement, compulsory licence etc.

Solving Problems involving Patents

This course involves detailed sessions on solving problems in patent law. It tackles a variety of types of questions such as Multiple Choice, True or False, Situational Problems, Strategic Advice etc and discusses the past years question papers.

Analysing Patent Case laws

This course covers analysis of important decisions on patent law, like the Supreme Court decision in the Novartis Case. It also covers decisions of the Patent Office rendered in contentious proceedings.

Memorizing Fees, Forms & Timelines

This course details the importance of memorizing Fees, Forms, Timelines and other information in the Patents Act and Rules and offers tips and tools for memorization.

Interpreting the Patent Acts and Rules

This course shows the way to navigate the Patents Act and the Rules. It introduces a new tool for finding the sections and their corresponding rules.

METHODOLOGY
To file and prosecute a patent application professionally in India, you need to find a Registered Patent Agent. The Controller General of Patents, who heads the Indian Patent Office, maintains the Register of Patent Agents containing the names and addresses of all the registered patent agents which is now available online in electronic form. The eligibility criteria for becoming a Patent Agent is detailed in the Patents Act, 1970 and the Patents Rules, 2003. To become a Patent Agent, one has to qualify the exam conducted by the Controller General of Patents. Though the examination was meant to be conducted annually, the last one was conducted in May, 2013. The Patent Agent Examination 2016 under the Patents Act, 1970 will be held on 27th November, 2016.For becoming a Registered Patent Agent, one has to be a citizen of India, should be above the age of 21 years and should have a Bachelor’s degree in Science or Engineering from a recognized Indian University or should possess equivalent qualifications.The Patent Agent Examination process involves a two part written examination followed by a viva voce. The two part written examination is essentially an examination which tests the legal knowledge of an engineer or a science graduate. The syllabus for the first part comprises of Patent Act, 1970 and the Patent Rules, 2003 and the second part tests the ability to draft and interpret patent specifications, which are techno-legal documents.So, how does an engineer or a science graduate who is not professionally trained in the law clear this examination? Non-lawyers who take a competitive examination in law need to follow a methodology in preparing for such exams. Aspirants preparing for the Patent Agent Examination should adopt a methodology that involves the following things:

Reading

Preparing for the Patent Agent Examination involves a good amount of reading the Patents Act, 1970 and the Patents Rules, 2003. It requires detailed material explaining the fundamental concepts in patent law like novelty, inventive step, priority, prior art, anticipation, person skilled in the art, fair basis, enabling disclosure etc. The essential reading should also cover patent specifications for different fields of technology.

See Download section for a sample material on “Introduction to Patents”

Writing

The key to good drafting is writing and the key to writing well is rewriting. Though Engineers and Science graduates may be exposed to academic and technical writing, patent drafting involves exercises of demarcating a private space by making a disclosure of the invention. Drafting should capture simultaneously the process of distinguishing the invention from the prior art and making an enabling disclosure.

See Video section for the lecture on “An Introduction to Intellectual Property Rights”.

Memorising

There are Fees, Forms, Timelines and then there are a host of details that can be asked in the Examination. There is no escape from learning by rote. The new amendment, the Patent (Amendment) Rules, 2016 introduces more details than ever. A systematic approach is required in creating tables and charts that facilitate quick learning and better retention.

See Download section for a sample material on “One Month Memorization Table”

Analysing

Most of the foundational principles in Patent Law are established by cases decided by the Courts. Analysing these case laws give an insight into understanding the foundation of patent law. The principles of claim construction, infringement, inventorship etc are derived entirely from case laws. Following case laws also helps aspirants to prepare better for the viva voce and to stay up-to-date with the developments in the law.

Checkout Patent Fast Reporter and see how it helps you to stay on top.

Solving

A good number of the questions posed in the Patent Agent Examination are in the nature of a problem. Aspirants are expected to solve these problems. Problem solving is not of the kind engineers are used to. Solving a problem in patent law involves knowing the provisions of the law, an understanding in applying them and devising the most suitable answer the situation demands.

See Download section for a sample material on a previous year’s questions and their solutions, “Problem-Solved”.

Interpreting

To understand the boundaries of a patent specification, one should know the principles of claim construction. Claim construction is a critical skill for any Patent Agent. The Patents Act, 1970 and the Patents Rules, 2003 are legislative material which follow certain rules of interpretation. Training in interpreting the patents and the statutes is a skill that must be learnt.

See Download section for the latest consolidated version of the Patents Rules 2003 as amended by the Patents (Amendment) Rules, 2016.

ABOUT
LexCampus. The Law’s Cool.
Welcome to your online law school. LexCampus makes learning the law contemporary, smart and quick – in short, cool. Of course, taking our courses will not make you a lawyer (if you ever wanted to be one) but it will help you to understand the law better especially in the areas where the law brushes with the non-lawyers amongst us. Our inaugural offering is a customised, methodology-based set of courses on patent law for training engineers and science graduates to take the Patent Agent Examination. LexCampus is conceived and developed by Dr. Feroz Ali who is the Ministry of Human Resource Development (MHRD) Intellectual Property Right (IPR) Chair Professor at the Indian Institute of Technology Madras (IITM), where he teaches intellectual property law to engineers and science graduates. He is also a practising lawyer specialising in contentious patent proceedings and has represented clients from different industry sectors before the High Court, Intellectual Property Appellate Board and the Patent Office. Feroz holds a Master’s Degree in International Law from Trinity College, University of Cambridge and a Doctorate Degree in Patent Law from Duke University, United States. He is the author of three books on Patent Law.

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