For what reason the patent agent exam always held in English only?

Patent applications and other related documents can be filed either in English or in Hindi. However, PAE is conducted by the Government only in English. Why is that so???
 

Everyone received information regarding a complaint to the Prime Minister's Office regarding the Patent Agent Exam being conducted distinctly in English and not in Hindi, despite the fact that patent applications may be documented in both English and Hindi, when the Government released an open notification for the 2020 Patent Agent Examination. The disparity between standards on paper and actual practise is highlighted by a number of inconsistencies involving the e-recording of licences in Hindi, the non-distribution of patent reports in Hindi, and the lack of accessibility to updated and combined interpretations of key IP Acts and Rules, Manuals, etc. in Hindi. This post investigates how these issues influence access to the patent framework and its advantages and furthermore its effect on development, especially at the grassroots level.

Non-Conduct of Patent Agent Exam in Hindi

A person authorized by the law to handle patent applications is known as a patent expert. Any person who possesses a degree in science, engineering, or innovation, or any degree that is equal (per Section 126), may apply for the equivalent, and the DPIIT shall continuously oversee the Patent Agent Examination (PAE). The Patents Act's Section 127 states that an operator may practice before the Controller of Patents, prepare patent records, carry out agreements about licenses, and release any other such abilities.

Patent applications and other associated records can be documented in Hindi or English, as per Rules 9 and 19 of the Patents Rules. In any event, the Government only instructs PAE in English. In response to a complaint over this matter, the government stated that "patent applications may be recorded in Hindi or English in accordance with the Patent Rules. But it's also important to be a patent expert who speaks English and was created by a patent owner. Consequently, the test is directed in English. So any Indian patent specialist can apply for licenses and accomplish business related to it in English likewise other than in Hindi." (translated from Hindi). This somewhat unclear answer by the Government uncovers a two-crease presumption. To begin with, that crafted by a patent specialist is impossible in Hindi alone and information on English is vital despite the fact that patent applications and other related reports can be documented even in Hindi. Second, everybody taking the test in English realizes Hindi as a matter of course and can complete the work in Hindi also.

Since patent applications can also be recorded in Hindi, all related work that takes place in the Patent Office may be done in Hindi as well. (A requirement for the mandatory recording of an English interpretation in the Rules is as for only worldwide applications under the Patent Cooperation Treaty (PCT)) The documentation process and business exchanges led by a patent specialist should be possible in Hindi. So separated from the way that PAE doesn't consider the requirement for capability in Hindi in spite of the Rules permitting the utilization of the equivalent, it likewise effectively makes a superfluous hindrance against patent recording, and so on by the individuals who have capability in Hindi and have the capabilities to be a patent specialist yet are not capable in English.

The application, filed with the DPIIT in 2018, sought information on the number of patent applications recorded in Hindi and the number of uses distributed in Hindi from 2005 to 2017. It also sought information on the application quantities of those applications and the distribution diaries for those applications. The application also included information on the number of trademarks in Devanagari content that were registered up to 2017. According to what we've been informed, the government rejected the RTI because the requested data wasn't immediately available..


DOES THE LANGUAGES AFFECTS THE QUANTITY OF PATENT FILING?

A curious point to consider given these issues is whether the language interference may potentially be one reason for the low patent filing in India when Asia is liable for practically 66.8% of patent applications documented around the world. Regardless of whether these numbers are really demonstrative of advancement might be an open inquiry yet it is very important to consider if there is a case for growing working patent documenting offices to other than English.
 

Some of the other similar jurisdiction(s) where English frequently replaces a subsequent language like China, Taiwan, Japan, and Korea while taking into consideration patent applications to be documented in English, make it obligatory to give an interpretation in Chinese, Japanese and Korean individually. While it is unimaginable to convincingly say that language directly affects the quantity of patent applications documented, permitting patent applications to be recorded in other unmistakably utilized dialects separated from English and having sufficient offices for the equivalent positively builds openness. This holds great particularly for India where language goes about as one of the many differentiating factors in the nation. While the Patents Rules perceives this and take into account the utilization of Hindi, probably as a result of its official language status and on the grounds that it is the most communicated in language, the absence of sufficient offices to realize the equivalent goes about as a possible obstacle in expanding patent documenting which is one of the goals under the National IPR Policy.

Although it is not difficult to make the case for expanding the list of languages that may be used for patent recording beyond English and Hindi, the clear reality of the resources available to achieve the same encourages us to reconsider the potential benefits of this activity. While it would maybe be ideal to take into account the PAE to be taken in dialects other than English like the other national level tests, for example, the Civil Services Exam, Banking Exams, and so on, this is impossible without tending to the Exam's present inadequacies, for example, the absence of normality in directing it. Furthermore, translating highly technical material from non-English dialects into English would require expertise that might not be immediately available. However, this shortcoming also presents a good opportunity to increase the Patent Office's capacity. Abandoning the language barrier would increase the number of people who are qualified to work as patent operators and would also create opportunities for employment (recruiting interpreters, copyists, and other job candidates outside of patent specialists), particularly at a time when the nation is experiencing rising rates of unemployment.