Every product or service which we see around us is the result of innovation and creativity of human mind. Thus in this way we are surrounded by intellectual property. Regardless of what product your enterprise makes or what service it provides, it is likely that it is regularly using and creating a great deal of intellectual property. Almost every SME has a trade name or one or more trademarks and should consider protecting them. Trademarks are in many ways the face of your business. They allow your customers to distinguish your products or services from those of your competitors, giving your SME the possibility to better market its goods or But trademarks are not just used as identifiers. They are also seen as a guarantee of consistent quality. A customer who is pleased with quality. A customer who is pleased with the quality of your product or servic continue to purchase it based on the quality expectations based upon the known trademark Most SMEs will have valuable confidential business information, from customers’ lists to sales tactics that they may wish to protect. A large number would have developed creative original designs. Many produce, or assist in the publication, dissemination or retailing of a copyrighted work. Some may have spent many years in research and development to invent or improve a product or service. In all such cases, your SME should consider how best to use the IP system to its own benefit. A Company’s assets are generally divided into two categories Physical or tangible assets include buildings, machinery, financial assets Intangible Assets include ideas, brands, designs, innovation etc .Your industry or business can have various types of intangible or intellectual assets.
Traditionally, physical assets have been responsible for the bulk of the value of a company, and were considered to be largely responsible for determining the competitiveness of an enterprise in the market place. But in the present innovative era patents and other intangible assets are playing eminent role in evaluation of company’s worth in the market The value of intellectual property (IP) is often not adequately appreciated and its potential for providing opportunities for future profits is widely underestimated by SMEs. However In the event of a sale, merger or acquisition, IP assets may significantly raise the value of your enterprise. Also IP rights can enhance the value or worth of your SME in the eyes of investors and financing institutions. The investor/lender, be it a bank, a financial institution, a venture capitalist, or a business angel, in undertaking an appraisal of the request for equity assistance or loan, will assess whether the new or innovative product or service offered by the SME is protected by a patent, a utility model, a trademark, an industrial design, or copyright or related rights. Such protection is often a good indicator of the potential of your SME for doing well in the marketplace. IP may generate an income for your SME through the licensing, sale, or commercialization of the IP-protected products or services that may significantly improve an enterprise’s market share or raise its profit margins. tiveness of an enterprise in the market place. But in the present innovative era patents and other intangible assets are playing eminent role in evaluation of company’s worth in the market. Protection of IP becomes much more important if we are exporting our products or technologies .IP protection is only territorial in nature. Trademark protection in target markets can help achieve product differentiation and recognition, thus developing an international brand.
Companies that export unbranded products will face disadvantages such as:
Lower revenues as consumers demand lower prices for unbranded goods.
Lack of customer loyalty largely due to their inability to recognize the product and distinguish it from the products of competitors.
Difficulties in marketing and advertising products or services abroad in the absence of a suitable symbol or easy identifier that links your products or services with your SME, as marketing an unbranded product are inherently much more difficult. While developing your export strategy, you should verify, preferably by consulting a qualified professional, whether a buyer could legally resell in other market IP-protected goods bought from, or with the consent of SME without having to seek your consent. This issue will only arise if you have already protected or would be protecting your IP rights in the domestic as well as in export market(s). Before your SME can take advantage of intellectual property (IP) assets it has to acquire IP rights. A number of IP rights .
Creating brand recognition and loyalty with high recall value
Marketing a product with geographical niche. eg: Darjeeling tea
Creative designs attract and appeal to customers
Patented technology can help win the confidence of people in the use and application of technology.
Trademark Licensing and Franchising Agreement If your SME is interested in:
Marketing a product or service and the brand (trademark) of that product is owned by others, or
Entering or expanding the existing market for your product or service for which your SME owns the rights conferred by a trademark, you may consider a trademark license agreement or a franchise agreement. The principle function of a trademark or service mark is to distinguish the goods and services of one enterprise from that of another, thereby often identifying the source and making an implied reference to quality and reputation. This function is to some extent prejudiced if the trademark owner licenses another enterprise to use the trademark through a trademark license agreement. Therefore, the trademark owner is well advised, and often by law or contract required, to maintain a close connection with the licensee to ensure that the quality standards are maintained so that the consumer is not deceived.
Copyright License Agreement If your SME is interested in:
Manufacturing, distributing or marketing the results of the literary and artistic efforts of creators, or
Entering a market or expanding or extending your existing market for the literary and artistic efforts of your enterprise you may consider a copyright license agreement. Many owners find it difficult to manage their rights on their own and they have formed collective management organizations that represent
WIPO, World Intellectual Property Organization, defines IP or Intellectual Property as “Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.”Given the fact that Indian economy is rapidly increasing patent filing and intellectual property rights issues are on increase too. Hence the market is demanding for IP professionals. There is lack of guidance among students graduating from science background about career prospects. So we are trying to bring some key findings in the area.
Career Prospects after Graduating in Science (B.Sc, B.Tech, M.tech or B.Pharma)
Type of Job
3-3.5 Lac Per annum (fresher)
2 Lac Per Annum
Scientist (R & D)
1.4 Lac Per annum
1.2 Lac per annum
2.5 Lac per annum
Approximately 1700 patent agents registered with government of India, government is taking all steps to promote IP education. Empowering Women -Women Scholarship Scientist Exam Women Scholarship Scientist Exam is one of such kind initiated by TIFAC. Objective of such program is to train talented and skilled women who have studied science, engineering and medicine in patent searches and other aspects of intellectual property rights enabling them to take up specialized employment or be self -employed. The selection of candidates is done by an All-India Level written test followed by a rigorous interview. Selected candidates will be given stipend for one year. Training will include one month of intensive orientation programme on IPR followed by specialized workshops and hands-on-training in agencies engaged in practice of IPR. The scholarship will be admissible for The scholarship will be admissible for a period of one year and the amount of the scholarship will be 12,500 p.m. for candidates having MSc/BTech/MBBS/BPharma or equivalent qualification and 17,500 p.m. for PhD./MTech/MVSc./NS/MD or equivalent. Indian Patent Agent Examination conducted by Patent Office, Government of India To practice Patents in India one has to qualify Patent Agent Examination conducted by government of India in the month of January every year. Qualifications for registration as patent agents:- 1. Person should be citizen of India 2. Person should have completed 21 years of age 3. Person should have obtained a degree in science , engineering or technology from any university established under law
Patent Agent Examination consist of three papers-
Paper 1 is based on India patent act 1970 and is objective base in form of fill in the blanks, match the following, short answers etc. Paper 2 is based on case studies and application of Indian Patent act 1970 in various areas. It consist of drafting section which involves patent drafting of invention related to pharmaceuticals, biotechnology, mechanical, electronics etc. Drafting section involves application of technical knowledge. Paper 3 consist of interview by panel of IPR experts. Interview is held at Patent Offices in Delhi, Kolkata, Chennai and Mumbai. Each paper consist of 100 marks and to qualify as Patent Agent person need to get minimum 50% marks in each paper and aggregate 60% marks.
Myth: IPR is for lawyer Fact: IPR requires scence graduates. Only Science graduates are eligible to become patent agents and lawyers. Myth : India is lacking in R&D, so patent activity is law. Fact : Accarding to Indian Patent office Report, the total no. of paatents files in year 2008 are 16,061.There is 5% increace as compare to 2007. Myth: IPR Jobs are present in law firms. Fact: Every Company doing research and development has IPRcells.Example:Healthcare companies, IITs, CSIR, Software and IT companies
Nature of Work
Patent /IPR Trainee
Searching Patents using various soft wares and generating analysis report
Preparing Technology Landscaping Reports, Invalidity Report, FTO etc.
Understanding the innovations and Drafting patent applications
Agent Drafting Claims for the invention
Manager Protect Company’s interest in form of IPR Protection and licensing in/out technologies
Looking court cases of infringement
Finding the partners in industry for licensing the acquired patents
To become successful in IPR career person should have good knowledge of IPR and scientific technology. The internals and workings of technology, products and processes would come handy while handling IPR cases. Knowledge of technology is more important than the law itself as patent agent needs to understand the invention before filing and drafting the claims. before filing and drafting the claims Good technical knowledge will only help patent agent to make more valid claims of the invention.
With the spread of IPR awareness in the corporate world and with growing innovations in scientific world IPR as career has taken a boom. IPR professionals are also being of organizations like Law Firms, Government and self supported Think Tanks, Law Enforcing bodies and universities.
Corporate houses All corporate houses engaging into innovative business has IPR cell .Big MNCs like Google, Microsoft who seproducts are continuously innovating are emerging as biggest patent filers on international level.
Law firms Most of the law firms, especially in developed and emerging economies like the US, EU, India and China has specialized divisions that cater to litigations concerning offers better learning opportunities as compared to an in house corporate legal team. In general, a law firm offers better compensation as well as growth opportunities. In the same lines, the work pressure is quite higher in a law firm as compared to a corporate legal team.
Government agencies and think tanks Government agencies and policy making bodies are one of the most prolific employers of IPR attorneys. One of the most obvious agencies is the Patent andOne of the most obvious agencies is the Patent and Copyright office of any country. Apart from this, in general, other departments like Justice, Commerce, Defense, and Information Technology also employ IPR Professionals.
Universities and Independent Research Organizations Most of the universities undertake large industry and government sponsored research projects. These projects invariably involve innovation in cutting edge technologies, and hence most universities have an in house cell of IPR Professionals that help them protect their interests. With the increasing frequency of technology start ups originating from university campuses, the legal department of universities has its hands full trying to protect the intellectual capital of these start ups.
Faculty at Law schools With the rapid growth in demand for IPR Professionals, there is an increasing for faculties in old as well as newly established law schools
IPR Education for Professionals Indian Institute Of Patent and Trademark Attorney is one of the pioneer institutes providing various programs for IPR education. Applicants should have a Bachelor’s Degree or equivalent in any discipline from a recognized Indian or Foreign University. Candidates in the final year or pursuing Bachelor’s Degree Course may also apply .