IPR issues in the patent era -Presentation Transcript
What does a Ph.D. teach you?A lot of skills apart from science
Skills learntSearch for informationIdentify a problemPropose a solutionOrganize thoughtsMake a presentationManage peopleManage resourcesManage time
Where else can science be used? Patent office FDA/DCGIPatent agent/attorney Regulatory affairs dept CompanyBusiness consultant Scientific/medical writing Consultancies Consumers/end users
Opportunities in Patent LawAn introductory talk for research students CPMB Harish Chandran Avaronnan, Ph.D. Novozymes
What is a Patent? A patent is a type of intellectual property A product of the mind which has been reduced to practicePatents can be obtained for product, process, machine, apparatus etc including improvements over existing inventions Provided they are novel, non-obvious and useful What are the implications of owning a patent?
A grant made by a government; that confers upon the creator of aninvention, the right to exclude any other person from making, using,or selling the invention covered by the patent; for a set period oftime, in exchange for a disclosure of an invention.Patents are territorial. A patent obtained in one country cannot beenforced in another country.A patent does not give the patentee a right to practice the invention.It only gives the right to prevent others from practicing theinvention. One needs to make sure that one does not infringe otherexisting patents.Patents have an expiry datePatents can be challenged or opposed
Players in the patenting arena Government Patent Office Courts PAt/PAy PAyPAt/ PAy/ PAySelf Innovators Competitors PAy PAt: Patent Agent PAy: Patent Attorney
Patent agent Territorial Has a technical degree Passed the patent agent exam of the patent officeCan practice only before the patent office and not before a court Cannot give validity or legal opinions Patent Attorney Territorial Has a technical and a law degree Passed the patent agent exam of the patent office Can practice both before the patent office and before a court Can give validity and legal opinions
Patent office Territorial Examiner of PatentsExamines patent applicationsSearches for prior artIssues examination report and subsequent office actionsReports to the Assistant Controller of Patents (in India)Qualification: Post Graduate in science or a technical degreeOn the job training. Need not be a patent agent.
Innovator Administrator/Officer/Executive/Manager/Vice presidentOpportunity search/analysisPatentability search/analysis GlobalDrafting of patent applicationsProsecution of patent applications before the patent officeFollow up patent filings/life-cycle managementValidity search/analysisAssisting attorneys with their analysisDocketing and Formalities responsibilityQualifications: Any degree and loads of experience!!!
Competitor Officer/Executive/Manager/Vice presidentInfringement search/analysis GlobalCoordinating with attorneys in opposing patent applications beforethe patent officeHelping attorneys in their analysisValidity search/analysisAssisting attorneys/business group during licensingQualification: any degree with loads of experience!!!
Law Firm Paralegal/Technical specialist/Patent agent/Patent attorneyPatent docketing TerritorialPatent draftingPatent prosecutionPatent litigationPatent licensingLegal opinionsQualification: Any technical and/or law degree
Knowledge/Legal Process Outsourcing Patent searcher/Patent analyst/Team leader/Boss!!!Patent docketing GlobalPatentability search/analysisValidity search/analysisInfringement search/analysisPatent draftingAssisting attorneys in their opinionsQualifications: Any technical degree
How does one get in? Be technically competent Work and network hard Join industry as a researcher Demonstrate an interest in patent lawJoin the Patent Office Join the IP team Join a law firm Career in Patent law
Do you have it in you?Interest in all developments happening in science/biologyA lot of reading and analysis of literatureNo bench work!!!Explain scientific concepts to lay peopleInterest in the legal aspects of science and language“Business in Science” and “Science in Business”
Where to find more information?Search “science career forum”http://scforum.aaas.org/Search “intellectual property law forum”http://www.intelproplaw.com/Search “chronicle of higher education”http://chronicle.com/
Katrathu Kaimann AlavuKallaathathu Ulagalavu Thank you