What is intellectual property (IP)?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
What is an intellectual property right?
Intellectual property rights are like any other property right. They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
Intellectual Property in biotechnology
Biotechnology is a field where technology advances rapidly but returns on investments may be slow. For this reason, it is important for public research organisations 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, focussing more specifically on patents
The role of biotechnology in innovation.
How to use patent information for innovation indicators.
Understanding the law, science, and technology
Finnegan’s mastery of IP law, coupled with our professionals’ backgrounds in biochemistry, chemistry, and molecular biology, and their experience in the industry, provides us with the requisite resources and expertise to address the most complex biotech issues. Our experience in litigating complex biotechnology cases—both before the district courts and on appeal—is unparalleled in the field. Half of the professionals in the practice hold doctorate degrees in relevant sciences, such as molecular biology, biochemistry, immunology, and pharmacology, and just as many joined Finnegan after holding positions in the industry or at universities, or having served as examiners with the U.S. Patent and Trademark Office (USPTO).
Finnegan provides a full range of services to our biotechnology clients, including:
Drafting and prosecuting patents for high-value products and technologies.
Assessing and navigating the dense patent thicket surrounding many new technologies.
Writing opinions and providing ongoing counseling for new and existing technologies.
Advocating for, and defending clients’ interests in, complex patent interferences, reexamination proceedings, and post-grant review proceedings at the USPTO.
Litigating high-value current products in district and appellate courts.
Conducting due diligence for mergers, acquisitions, licensing, and partnering opportunities.
Structuring, drafting, and negotiating IP license agreements,
Providing trademark prosecution and counseling services.
Job for biotechnology professional in IP Industry
IP industry consist of companies providing patent, trademark or copyright services, law firms helping clients enforce IP rights, legal or knowledge process outsourcing companies which are helping in patent docketing or patentsearching or technological companies who have to work very hard to generate, protect and enforce intellectual assets.
1. 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 used 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.
2. Patent Engineers – All patent engineer 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.
3. 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.
4. IP Attorney– Fresh law students can apply in law firms and work in cases of trademark and patent infringement. With increasing competition, new brands and new products are entering into market. So there is increase demand of lawyers who can help get brand registration and fight lawsuits against piracy. Also fresh law graduates are employed in LPO/ KPO type companies where they work in legal research or docketing or proofreading of documents.
5. 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.
6. IP Proofreading –IP Proofreader whose main work is to read published patent applications and check for errors in patent application. Person has to work according to the guideline issued by patent office.
7. Paralegal – Closely work with patent office for any type of correspondence, write letters to clients and draft answers to patent office. Paralegal works closely with attorney. Excellent research skills, ability to work on MS Office, communication skills are required to get selected for the job. Any fresh graduate science, non-science or legal background can apply for such jobs.
8. IP Associate – IP associate work in Law Firms or companies having IP cell. They help manage patent and trademark portfolio, work with team of patent analyst, engineers and legal assistants.
9. 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.
10. Legal Researcher-Conduct legal research to find relevant prior art references for patent application, conduct novelty search, freedom to operate search etc. They work on various software and prepare reports.