Patent Attorney vs Patent Agent: What’s the Difference?

Jul 142025

Hey folks! 👋 Today, let’s talk about two important terms in the world of patents in India: patent attorney vs patent agent. If you’re an inventor, tech startup founder, or simply curious about IP, you’ve probably heard both terms. But what exactly do they mean? And who should you hire for your invention journey? So grab a cup of chai, and let’s get into it!

1. Who is a Patent Agent in India?

➤ Definition & Eligibility

Under the Indian Patent Act, a Patent Agent is someone registered with the Indian Patent Office (IPO) to draft and file patent applications. To become one, you need:

Indian citizenship, age 21+,
A science/engineering/tech degree,
And to pass the Patent Agent Exam.

In 2025, roughly 60% of candidates who appeared in the viva passed. But if you count everyone who registered, the actual pass rate was around 8–9%. Back in 2013, only 25% cleared the exam. It’s pretty tough!

➤ Role & Responsibilities

A patent agent’s main job is patent prosecution, meaning they:

Conduct prior-art searches
Draft specifications (provisional & complete)
File applications
Reply to First Examination Reports (FER)
Appear before IPO officials during hearings

They can help with renewals and amendments too. Basically, they manage your patent application from start to grant.

Who is a Patent Attorney in India?

➤ Definition & Qualifications

Now, the term Patent Attorney has a slightly different meaning in India. It refers to someone who’s an advocate (lawyer), already enrolled with a Bar Council, and may also be a patent agent. In India, it’s not an official title under the Patent Act, but a common usage.

To become a patent attorney, you need:

A law degree,
Enrollment with a State Bar Council,
And optionally, pass the Patent Agent Exam if you want to prosecute patents.
If not, you can still work on litigation without being a patent agent.

➤ Services Provided

Patent attorneys cover everything patent agents do—plus the power to:

Represent clients in courts (High Court, Delhi IPAB, Supreme Court)
Handle litigation, infringement suits, oppositions
Draft licensing, assignment, and infringement notices
They provide strategic legal advice, not just drafting—aka “the full legal package.”

Key Differences at a Glance

Criteria	Patent Agent	Patent Attorney
Educational Qualification	Science/Engineering degree + Patent Agent Exam	Law degree + Bar enrolment; may also pass Patent Agent Exam
Registered With	Indian Patent Office	Bar Council of India; can also register as patent agent
Can File Patents	✅ Yes	✅ Yes (if also a patent agent)
Can Represent in Court	❌ No	✅ Yes (only if an advocate)
Can Handle Litigation	❌ No	✅ Yes
Licensing & Contracts	❌ Typically No	✅ Yes
Fee Range	Usually lower (₹25k–₹75k for filing)	Higher (₹50k+) depending on litigation & complexity

When to Choose Whom?

→ You Need a Patent Filed

Credible filing? Reply to office actions? A patent agent is good and often more affordable.

→ You Anticipate Legal Battle

Infringement, opposition, or you plan to license or assign your IP? Get a patent attorney in India—who can take it to court.

→ Budget & Long-Term Strategy

Patent agents usually charge less, but if legal risk is high, a patent attorney could save you in long run by drafting legally airtight claims or defending your rights in court.

Can One Person Hold Both Roles?

Absolutely! Many patent attorneys first become agents, then pursue law degrees, and vice versa. So you may find someone both registered with the Patent Office and the Bar Council—ideal if you want one-stop support from filing to enforcement .

Patent Law Firms

Leading Indian patent law firms in India often employ both agents and attorneys to offer end-to-end patent solutions:

Patentability advice
Drafting and prosecution
IP litigation and dispute resolution
Licensing and commercialisation

Firms work with clients ranging from solo inventors to global multinationals. Partnering with a proficient patent lawyer India ensures both technical precision and legal strength in your IP.

Tikha Takeaway for Inventors & Startups

Need help with patent filing? A patent agent is enough—technical, reliable, and cost-effective.
Worried about legal disputes or enforcing your patent? A patent attorney in India is your go-to.
Looking for one person to handle everything? Find a professional who is both a registered agent and advocate.

With India’s patent landscape growing fast—80k+ filings, and a booming tech/R&D ecosystem—you want the right help at the right time.

9. Choose Smart—Protect Your Innovation

Starting only with drafting and filing? Patent agent is fine.
If you foresee licensing, monetisation, infringement actions, or global expansion, go for a patent attorney.
Either way, make sure they’re registered, experienced in your tech area, and transparent about fees.

Conclusion: Why Choose Babaria IP & Co. ?

When it comes to understanding the real difference between a patent attorney and a patent agent, Babaria IP brings you the best of both. With a team of registered patent agents and qualified patent attorneys, we handle everything—from filing and drafting to legal protection and enforcement.

Whether you’re a startup, inventor, or established business, Babaria IP ensures your innovation is protected with the right strategy, technical expertise, and legal backing—all under one roof.

One partner. Complete patent support. Choose Babaria IP & Co.

Categories : Patent

Patent Attorney vs Patent Agent: What’s the Difference?