Update: How to prepare for the Patent Agent Examination in India

It is a pleasure to announce that a couple of days after this blog went online, the CGPDTM website has notified the following:

Patent Agent Examination:- This office has been receiving frequent queries regarding plan of conducting Patent Agent Examination. In this regard, it is clarified that same is likely to be held before December, 2016. Detail information regarding same will be published on official website after finalization of schedules and other official requirements (19 July, 2016)

We will keep you posted for more recent updates.

Original Story follows:

Short Answer: You convince the government that they SHOULD arrange for the examination and then prepare like you would do anyway

Long Answer: I don't know. Rant follows:

The Department Of Industrial Policy & Promotion, which is responsible for conducting the "yearly" patent agent exams managed to 
organize only one exam from 2011 to 2016. There were quite a number of litigation cases challenging the system of the tests and 
even claiming nepotism while passing candidates which somehow resulted in the DIPP deciding that it will not bother conducting 
the tests.

Being the lawyer that I am today, I decided to follow it up with an RTI. These were the five questions I asked hoping to wake someone 

from slumber:

1. When is the next Patent Agent Examination scheduled.

2. Which authority is responsible for conduction of Patent Agent Examination.

3. Is there any research conducted to determine the need of patent agents in India. If yes, share details

4. Why has the Patent Agent Examination not been conducted from past three years.

5. Is there any litigation pending in courts of India stalling the process of conduction of Patent Agent Examination. If yes, share details.

Here I am posting the response of the government for your benefit:

Cipa Novartis fight for Pulmonary disease drug

Cipla approaches government for revocation of five patents held by Novartis:

Cipla Ltd, one of the generic drug makers of India has approached the government to revoke 5 patents held by Novartis, a Swiss drug making company for the drug used to treat chronic obstructive pulmonary disease (COPD) marketed by Novartis as Onbrez (indacaterol).

The Department of Industrial Policy and Promotion (DIPP) has started investigation of this demand. Cipla has alleged the following:

a. That Novartis holds the Patents since 2008, but instead of manufacturing the medicines in India, it has been importing negligible quantity leading to shortage of the same in India.

b. That the import for the year 2013 as declared by Novartis in the Patent office is a meagre 53,844 units which do not satisfy even 4,500 patients annually. The shortage is more than 99.97 per cent

c. That Cipla believes that it has the potential to manufacture adequate quantities of the drug and make the same available in the country.

d. That Cipla estimates more than 15 million Indians are afflicted with the disease

e. That Novartis’ product is over 400 per cent more expensive than Cipla’s product.

Cipla has approached the Government under Section 66 of the Patents Act which is reproduced below:

66. Revocation of patent in public interest.—Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the official Gazette and thereupon the patent shall be deemed to be revoked.

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