If someone charges an hourly rate to draft patent applications for inventors, but that person is not a qualified patent agent and is not training to be one, or being supervised by one, or qualified in a different country, but bases their ability to draft patent applications solely on experience and a few months of training a few years ago, and does not claim to be a patent agent or attorney, is that legal?
I'm not talking about filing the patents for the clients, simply providing them with a pdf which contains a patent for the client to file wherever they choose.
Is there an obligation to specifically say 'i am not a patent agent' or similar?
We can only base the answeron UK law. You will need to ask a separate question on the US part of the sitewith regard to US law.
Can we have the backgroundplease?
What loss has been suffered?
Is the agent incompetent?
There is an institute ofpatent attorneys http://www.cipa.org.uk/pages/about-benefits
but membership is notmandatory.
Ther are exams to be passedbut unlike the solicitors act which makes it an offence to call yourself asolicitor if you are not, there is no statutory requirement to be qualified tocourt yourself a patent agent/attorney http://www.ipo.gov.uk/whyuse/education/education-professional.htm
however unless a person isqualified they will not get into the Institute.
however unless a person hassuffered loss as a result of the misrepresentation there is no cause of actionagainst the agent
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
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I amoffline shortly until later and will pick this up then if needed
That's helpful, but does not quite answer the question. Thanks for being so fast.
You said there's no legal requirement to be qualified to 'court yourself a patent agent/attorney'. I'm sorry, I don't know what you meant by court yourself - I assume 'call yourself'?
My question is, if a person is NOT intending to qualify and NOT professing to be a patent agent/patent attorney but is just writing patent drafts and charging for them, is there any legal problem with that?
I already know how to become a qualified patent agent and that one has to be one in order to join the institute - this is information freely available online and not something I would need to pay to discover.
I have heard that in some countries there's a need for a license to write patents for other people. I want to be certain about the rules in the UK. (I will deal with US separately.)
Can any layperson legally write a patent for another person and charge for that service?
Yes, a typo. I am a lawyer not a typist!
"call" not court.
Anyone can put patents together. Solicitors do it and so do accountants and they are not qualified PAs