How are you preparing for the Patent Agent Examination?

?The Patent Agent examination is just a month away. If you are appearing for this examination for the first time, now is the time to test your preparedness. This is how you can do it:

?Make a timed attempt for Paper 1 from previous years (downloaded from ipindia.gov.in). Check your score with the help of the answer key provided. If you get 60% marks or more, you are going in the right direction.

?Preparation for Paper 2 is all about time management and structured writing. Go through the recent question papers for the examination. Test yourself on writing skills by practicing writing titles, abstracts, and complete specifications based on invention disclosures. Mastering the structure required for a complete specification and statutory requirements for drafting titles, abstracts, etc. is important. Practice identifying the patentable subject matter from a given invention disclosure. Going through the complete specifications of some granted specifications will be beneficial. Reading the specification in a real examination situation is somewhat tough (invention disclosures for the complete specific drafting exercises are often jumbled up and not straightforward to read and comprehend). Allocate the appropriate amount of time for each section in Paper 2. For the situation-based questions that involve aspects such as patentability, filing procedures, filing applications abroad, replying to office actions, etc., it is essential to include all the relevant applicable provisions (sections, forms, fees, timelines). By now, you must also have familiarised yourself with the ‘Manual’ and the patentability guidelines issued by the Patent Office. ?Know the prominent case laws from Indian jurisdiction and the key issues involved. For some sections such as S 3, 25, or 64 it helps to memorise the sub-sections. ?

?Although knowing all the statutory provisions for doing well in Paper 1 is important, there are hardly any ‘direct’ questions. The questions frequently pertain to situations that require knowing the relevant provision(s). There are no official guidelines on the method to score well in Paper 2. After the results are declared, one can get a copy of the answer sheet by filing RTI, but there is no provision for re-checking and one may not know the reasons for scoring poorly in Paper 2. ??

?Devising a smart approach

What should be your strategy for acing the examination? Many unfortunate candidates barely score around 50 on both papers and qualify for viva. This requires scoring 50 out of 50 in viva, which is a tough ask. So the best situation to be in is- to score 70-80 marks in Paper 1 (it is doable) and at least 50-60 in Paper 2. Some candidates manage 70-80 marks in Paper 2, which can be attributed to good structured writing. Note: Filling up the entire answer sheet is not required, and supplements are not provided. So, if you see 10-mark questions like ‘procedure for filing a patent application for a startup’, go for it and write crisp answers in bullet points format mentioning the relevant forms, fees, documents, etc. You are likely to take less time and score around 8-9 marks.

Do not be complacent

If you score well in both papers, your viva score will not matter for the overall result. But do not take the viva lightly. Turn up for the viva in a professional way (on time in appropriate attire and follow all instructions at the venue). Give it your best shot. ??

?Reviewing earlier attempts

For those who are taking the examination again, maintain a positive mindset. Law is not an easy subject. The more you read it, the more complex and intriguing it becomes. it is pertinent to assess what went wrong in earlier attempts. This can be roughly done based on marks scored in both papers.?

1.???? Low scores in papers 1 and 2 indicate inadequate preparation. Understand the formats for both papers thoroughly and prepare accordingly.

2.???? Low score in Paper 1 and high score in Paper 2: This points to possibly low memorization skills. Practice recalling the sections (and rules) in sequential (S 1, 2, 3, 4, 6, 7, 8..25, 26,..) random (S 48? S 63? S 100?) and clustered manner (e.g. provisions related to filing abroad, the procedure to file a patent application for biotechnological invention, etc.) to improve your chances of scoring. More importantly, closely observe how the statute has been applied in specific situations in the question papers.

3.???? High score in Paper 1 and low score in Paper 2: This is a very common situation arising out of an inability to manage time. Practice comprehension of written material and writing in a precise, structured manner.

4.???? High Score in both papers: Congratulations, you must have already been registered as a Patent Agent. Thanks for reading all this.

?

Wishing you all the best!