A patent is an exclusive right given by law to inventors to make use of, and exploit, their inventions for a limited period of time. By granting the inventor a temporary monopoly in exchange for a full description of how to perform the invention, patents play a key role in developing industry around the world.
Once the owner of an invention has been granted a patent in any particular country, they then have the legal authority to exclude others from making, using, or selling the claimed invention in that country without their consent, for a fixed period of time. In this way, inventors can prevent others from benefiting from their ingenuity and, ultimately, sharing in profits from the invention, without their permission. In return for these ownership rights, the applicant must make public the complete details of the patented invention. These include:
Background information (the state of the art)
The nature of any technical problems solved by the invention
A detailed description of the invention and how it works
Illustration of the invention where appropriate.
Patent protection in a given country does not extend to other countries -inventors must file an application in each territory where they want their patent to be effective. To maintain the validity of a patent, the owner needs to pay fees to each appropriate patent authority; failure to do so causes the patent rights to lapse. Most countries also require that the patent is “worked.” This means that the protected invention is put to commercial use, within a specified period of time.
Patent in a biotechnology field
Biotechnology is a field where technology advances rapidly but returns on investments may be slow. For this reason, it is important for public research organizations and enterprises to protect the innovation that they generate with Intellectual Property Rights (IPR), which provide a basis for return on investment in research and development, by granting monopoly rights for a certain period of time to their owners.
This fact sheet gives a brief overview of:
The different forms of IP that can be relevant in biotechnology, focusing more specifically on patents
The role of biotechnology in innovation.
How to use patent information for innovation indicators
Patents also are granted for new chemical compounds, foods, and medicinal products, as well as for the processes used to produce them. In some countries patents can be granted even for new forms of plant or animal life developed through genetic engineering.
In most cases an invention must be considered novel and useful in order to be patented. It also must represent a significant advance in the state of the art and cannot merely be an obvious change from what is already known. Patents are frequently granted for improvements of previously patented articles or processes if the requirements of patentability are otherwise met.
Choosing patent as a carrier
IP industry consist of companies providing patent issue helping clients enforce IP rights, legal or knowledge process outsourcing companies which are helping in patent docketing or patent searching or technological companies who have to work very hard to generate, protect and enforce intellectual assets. There are many opportunities after choosing patent as a carrier it provides such a good profession, such as:
Patent Analyst– Fresh graduates from biotechnology Profession can apply for job of patent analyst. Primary job of patent analyst is to read the patent application of new invention being made by client, understand the invention and search prior art references of particular invention. On the basis of analysis made by patent analyst, report prepared to use by client to make important decisions like deciding whether they have to invest money on patent prosecution or whether they can launch their product in market- local or global.
Patent Engineers – All patent engineers in technological companies like GE, Motorola, Biocon, Dr. Reddy’s, Nestle etc. or even in Law Firms who require technical experts. Patent Engineers helps in understanding the new innovations whether it is new product or process and fine tune novelty of the invention. They help companies draft patent application and help companies get right to do business on new products.
Patent Docketing Officer– In legal process outsourcing or knowledge process outsourcing companies like CPA Global, Pangea 3, Thomson Reuters etc. companies like Glaxo Smith Kline, IBM, Google etc. outsource their process of handling patent portfolio which consist of thousands of patent. So officer employed in India helps such companies complete the government compliance of United States Patent and Trademark Office in filing patent application. They need to coordinate between Patent Office and company staff so as to allow easy flow of appropriate information. Please note getting patent is tedious, time consuming and money taking process. So officer helps in great deal in increasing productivity.
Patent Agent – After qualifying Indian Patent Agent Examination conducted by Government of India, science graduates can work as Patent Agent. Primary work of patent agent is to help scientists protect or register his invention and get maximum benefits. They work closely with patent office of India and work in various steps of patent grant. In bird’s eye view, work may seem legal only, so there may be question why science graduates are required? Actually, only students from science background can understand scientific aspect of invention and draft patent application. Starting salary of Registered Patent Agent is 3 lac per annum.
Patent Writer or Drafter– Writing patent application is tricky and requires strong communication and good English. Patent writer works closely with researcher, understand invention and write patent application according to guidelines provided by patent office.