Top 10 Job for Fresher's in Ip Industry

TOP 10 JOB FOR FRESHER’S IN IP INDUSTRY

www.iipta.com TOP 10 JOB FOR FRESHER’S DESCRIPTION With a life in a Fastlane, where everyone is striving for excellence and IN IP INDUSTRY growth very early, IPR is deﬁnitely a best option for upcoming fresher’s’, who soon are going to be graduates or post-graduates or even doctorates. This book is a complete manifesto of what importance IPR holds in a fresher’s career and what could be the opportunities in IPR pool for them. This booklet covers why IPR should be a ﬁrst option in a fresher’s life, and what all opportunities are available for them in an IPR industry.

There is this ocean of career opportunities in the field of IP. There isno better time than now to embark on a Career in IP and to acquire a formal education in IP. An IP Professional, is required to perform multitude of tasks and should be well-versed with both scientific and legal concepts (IP related). An IP professional can be conducting patent and prior art searches, which actually involves searching all the patented and non -patented litera- ture, filing patents, drafting patent application at the patent office, prosecuting patents at the patent office, litigating at the court, conducting trademark searches, managing IP portfolio etc. patent filing , patent application drafting needs technical skills. All over the world a few million patents are filed each year. In addition, there is the task of patent maintenance, management, litigation and so on.

All this requires highly skilled technical and legal minds, as several tens of billion dollars of business is involved. Apart from above all mentioned work available for an IP professional there is more to it, in fact there are various other jobs available for an IP expert and some of those jobs are mentioned in the following book.

www.iipta.com CONTENT

WHAT IS IPR? IPR FOR GROWTH OF AN ECONOMY A NECESSITY IMPORTANCE OF PROTECTING IPR OUR NEW IP POLICY

WHAT IS IP LAW?

CURRENT TRENDS OF IP LAW IN INDIA TYPES OF JOBS FOR YOU IN IP FIRM

www.iipta.com 3 INTRODUCTION

To stay ahead of competition companies are continuously innovating. New software applications, gadgets or new medicines are ﬂooding into market on daily basis. This has led to increase in importance and growth of special- ized industry 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 patent searching or technological companies who have to work very hard to generate, protect and enforce intellectual assets.

This scenario where intellectual property has become center of doing business and making proﬁts, many jobs have now become available for fresher’s in the market. IPR industry employs varied types of professionals rang- ing from lawyers (students with LLB degree) to engineers from varied backgrounds like biotechnology, computer science, and electronics, mechanical to pharma graduates to fresher’s with BBA degree. Check out top 10 jobs available for freshers’ in IPR industry.

www.iipta.com 4 TWO MAIN AREAS

1) Copyright and rights related to copyright

The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and ﬁlms) are protected by copyright, for a minimum period of 50 years after the death of the author. Also protected through copyright and related (sometimes referred to as “neighbouring”) rights are the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound recordings) and broadcasting organizations. The main social purpose of protection of copyright and related rights is to encourage an What is the current scenario of choosing IPR as a career? How the scenario has changed over a decade?

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www.iipta.com 5 2) Industrial property

One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin). The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive. Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets. The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities. A functioning intellectual property regime should also facilitate the transfer of technology in the form of foreign direct investment, joint ventures and licensing. The protection is usually given for a finite term (typically 20 years in the case of patents). While the basic social objectives of intellectual property protection are as outlined above, it should also be noted that the exclusive rights given are generally subject to a number of limitations and exceptions, aimed at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users.

www.iipta.com 6 Co-related

PATENT

LICENSING TRADEMARK

IPR

TRADESECRETS COPYRIGHT

GEOGRAPHICAL INDICATORS

www.iipta.com 7 WHAT IS IPR ?

IPR is not a new concept. It is believed that IPR initially started in North Italy during the Renaissance era. In 1474, Venice issued a law regulating patents protection that granted an exclusive right for the owner. The copyright dates back to 1440 A.D. when Johannes Gutenberg invented the printing press with replaceable/moveable wooden or metal letters. Late in the 19th century, a number of countries felt the necessity of laying down laws regulating IPR. Globally, two conventions constituting the basis for IPR system worldwide had been signed; Paris Convention for the Protec- tion of Industrial Property (1883) Berne Convention for the Protection of Literary and Artistic Works (1886). Protection of IPR allows the innovator, brand owner, patent holder and copyright holder to beneﬁt from his/her work, labor and investment, which does not mean monopoly of the intellect. Such rights are set out in the International Declaration of Human Rights, which provides for the right to beneﬁt from the protection of the moral and physical interests resulting from the right holder’s work; literal or artistic product.

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www.iipta.com 8 IPR fOR ECONOMY

The good news is that intellectual property rights (IPRs) have greater public vis- ibility these days. The bad news is that a lot of it is misguided skepticism. IPRs are critical to incentivizing innovation, which, in turn, is key to sustaining economic growth and increasing living standards. Scholars around the world have found this statement to hold true based on rigorous empirical testing across a cross-section of countries and time periods. In India, there is still a dearth of evidence-based research that can inform our laws, practice and policy-making pertaining to IPRs. Officials, academicians, industry experts and other com- mentators continue to debate whether and how strict enforcement of IPRs, and putting in place a more stable and certain IPR regime, can induce economic growth, human development and overall prosperity of societies. It is often said that patents restrict competition and, because they are negative rights, they confer a “license to sue”. This is fundamentally flawed. Patents, in fact, are meant to structure competition in the market. We tend to forget that there is free entry into the innovation race to obtain patents. This is one of the major benefits of the system—to get the latest and useful technologies in time to solve collective problems.

IPR AND GROWTH

There is uncertainty about the role patents can play and the benefits they po- tentially confer. The possible role of patents can cover a wide spectrum, depending upon sectoral specificities. While a strict appropriation strategy might be appropriate in the pharmaceutical industry, the chemical industry might rely more on exclusive licensing models. Patents can even be efficiently used as bargaining chips in the electronics industry and can be used for defen- sive purposes to avoid being torpedoed

www.iipta.com 9 They are a proven solution to the traditional incentives-diffusion paradox that was presented more than 50 years ago by Nobel prize winning economist Kenneth Arrow (who died few months ago). Apart from excluding infringers, they are a credible way to signal and certify competencies; they attract valuable finance, they are useful bargaining chips in cross-licensing negotiations; they facilitate trade in technologies; help manage new knowledge; and expedite diffusion of existing knowledge.

With perennial instability in IP rule-making added to the general skepticism towards IPR that Indian policymakers seem to have, they do not adequately appreciate the fundamental reality that IP laws and policies are meant to incentivize innovation by establishing enforceable boundaries to protect new products, processes, and original works of expression. Just because a handful of sectors in India have tasted (limited) success and partially fueled the Indian engine of growth in the recent past does not mean that policymakers can aﬀord to be complacent. Adopting new technologies to solve an array of problems will require policymakers to devote a higher level of atten- tion to IPRs than they are used to giving. The clamoring we witnessed from all quar- ters in the run-up to the launch of India’s national IPR policy last year raised our expectations of how well India would incentivize, secure and enforce IPRs.

It is safe to say that challenges still abound in most sectors, despite soft initiatives taken by the government. The International IP Index 2017 released by the US Cham- ber of Commerce, appropriately titled “The Roots Of Innovation”, compares India’s intellectual property environment with that of 44 other world economies. The index ranked India at a dismal 43rd position out of 45 countries. This shows that challenges to innovation continue to exist in India and, therefore, the government needs to build upon the positive rhetoric of its IPR policy with the substantial legislative reforms that innovators need. Multiple problems are still faced by pharmaceutical, software, biotechnology, automotive, movie, music and other technology-led, IP-intensive industries. Beliefs, attitudes and approaches towards IPRs in India must change for the sake of the ambitions articulated in this government’s many initiatives—from Make in India to Startup India and Smart Cities.

www.iipta.com 10 WHAT IS IP LAW?

CURRENT TRENDS OF IP LAW IN INDIA TYPES OF JOBS FOR YOU IN IP FIRM

Due to a variety of factors, governments have always been constrained in taking the tangible and intangible benefits of innovation to different sections of society. As science historian James Burke once said, “You can only know where you’re going if you know where you’ve been.” We must remember that thus far in India, the benefits we have derived from breakthroughs in medicine, communication, computing, automation, security, engineering and entertainment are, in large part, because of the sustained efforts of innovators over a long period of time. Innovators and entrepreneurs must trust the patent system if they are to embark on risky innovation gamble. The value of legitimate IPR embedded in the resulting technology must be paid for and it needs to be separated from the IPR holder (just like in litigation it is imperative to take the adversary out of the adversarial.

If the trust—the bedrock of the innovation ecosystem—is lost, the system is at risk of crumbling. Moreover, repeatedly using the tattered shield of compliance with global standards does not eliminate the need to further strengthen the IP system to build trust and confidence in innovators and investors. At last count, a total of 2.37 lakh patent applications and over 5.44 lakh trademark registrations were deemed as pending, some of these hanging fire for years. The main reason for these pendency figures (updated March 10, 2016) has been attributed to the shortage of manpower in the country’s intellectual property offices.

The unclogging of the pendency and quality examination are at the heart of improving the robustness of India’s Intellectual Property Rights (IPR) system, something that the government has moved towards by announcing the country’s ﬁrst IPR policy. The new National Intellectual Property Rights policy seeks to put in place a legal framework that will encourage the IPR regime and reduce the time taken by the government to approve a trademark to a month by 2017. Currently, the process takes more than 12 months on an average. The policy, approved by the Cabinet last Thursday, nominates the Department of Industrial Policy and Promo- tion (DIPP) as the nodal agency for regulating intellectual property rights in the country.

www.iipta.com 11 To stay ahead of competition companies are continuously innovating. New software applications, gadgets or new medicines are ﬂooding into market on daily basis. This has led to increase in importance and growth of special- ized industry 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 patent searching or technological companies who have to work very hard to generate, protect and enforce intellectual assets.

For those in industry, the government’s move to streamline the IP related laws under a single department is a big positive, considering that this will help in streamlining of the intellectual property framework in the country. As of 2014, India’s spend on research and development (0.8 per cent of GDP) signiﬁcantly lagged global counterparts such as China (1.9 per cent), Korea (3.8 per cent) and the US (2.7 per cent). In 2015, India ranked a dismal 29th out of 30 countries in the International IP Index released by the Global Intellectual Property Center of the US Chamber of Commerce, a ranking that measures the overall IP environment in a country. China was ranked 19th in the same list.

A major factor behind the lag in India’s As a result, a whopping 94 per cent country-level performance over global of SMEs are currently unregistered, counterparts, according to a January which leaves them struggling with 2016 PwC-Assocham study on ‘Inno- issues such as shortage of skilled vation-driven growth in India’, has workers, limited market exposure been the lack lustre performance of its and restricted access to capital. Of enterprises. For instance, India has the total number of SMEs, only 0.2 just five companies among the leading per cent are medium-sized firms, 500 brands worldwide, while China employing between 100 and 1,000 has 32. In terms of creating global people. The lack of access to funds businesses, only three Indian firms results in limited technology adop- were listed on the NYSE International tion within these firms, leading to 100 Index as of 2013, as compared to system inefficiencies that lower 22 Canadian firms and 16 from the UK. national productivity. On the other The IP issue is even more compelling hand, the German Mittelstand (GM), in the context of the state of India’s comprising SMEs is an example that SME (small and medium enterprises) highlights the potential within this sector, which employ 40 per cent of segment to contribute to national India’s overall workforce but contrib- growth. GM firms account for almost ute only 17 per cent to the nation’s 60 per cent of the employment GDP. This is mainly due to an unfavor- within Germany and contribute able regulatory environment, marked more than 50 per cent to the nation- by the need for multiple procedures al economic output. and high paid-in capital to start a new business, according to PwC.

www.iipta.com 12 In India too, there are exceptions. The Indian telecom industry, for example, has leapfrogged to mobile telephony, skipping ﬁxed-line technology and within a space of 20 years (1995-2014), the sector recorded 910 million mobile-phone subscriptions —18 times the number of landline connections in 2006 (50 million), the year when landline subscriptions reached their peak.

In India, these innovations, according to the PwC paper, could be categorized into three broad categories:

•Technology-driven innovation, which involves the development of new advanced technology systems, such as the Aadhaar platform, Bajaj Auto’s DTS-i technology or Vortex Engineering’s solar powered ATMs.

•Market-driven innovation, which includes products that create innovative value propositions for new customer segments. Examples include Tata Ace one-tonn commercial vehicles and GE India’s low-cost ECG machines.

• Operations-driven innovation, which includes innovations in processes achieved by adopting cost-eﬃcient practices or by creating new supply and distribution channels, Examples include companies such as the Narayana Health Group and Aravind Eye Hospital that have lowered the cost of heart and eye surgeries through operational eﬃciencies achieved from volume-driven business models.

he objectives of the government’s new IPR policy, officials said, focus on strengthening the legal and legislative framework of IPRs, their commercialization; and reinforcing the enforcement and adjudicatory mechanisms for IPR infringements. This has been a work in progress. In the run up to the policy, the government has sanctioned 481 additional posts in the office of Controller Gener- al of Patents Designs and Trademarks under the Twelfth Plan as part of the Plan Scheme for Modernization and Strengthening of Intellectual Property Offices.

www.iipta.com 13 One area can be characterized as the protection of distinctive signs, in particular trademarks (which distinguish the goods or services of one undertaking from those of other undertakings) and geographical indications (which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin). The protection of such distinctive signs aims to stimulate and ensure fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely, provided the sign in question continues to be distinctive. Other types of industrial property are protected primarily to stimulate innovation, design and the creation of technology. In this category fall inventions (protected by patents), industrial designs and trade secrets. The social purpose is to provide protection for the results of investment in the development of new technology, thus giving the incentive and means to finance research and development activities. A functioning intellectual property regime should also facilitate the transfer of technology in the form of foreign direct investment, joint ventures and licensing. The protection is usually given for a finite term (typically 20 years in the case of patents). While the basic social objectives of intellectual property protection are as outlined above, it should also be noted that the exclusive rights given are generally subject to a number of limitations and exceptions, aimed at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users.

he selection process to fill up 458 vacant posts of Examiners of Patents and De- signs has already been completed and the approval of competent authority for appointment to these posts has been accorded, officials said. Besides, as a short-time measure, 263 contracTtual posts of Examiners of Patents and De- signs and 100 contractual posts of Trademarks Examiners have also been created.

ncidentally, India’s IPR policy comes at a time when developed economies are trying to force it to put in place even stronger IPR frameworks through mega-regional trade agreements, including the WTO’s agreement on Trade-Related As- pects of Intellectual Property Rights (TRIPS). In April, the US Trade Represen- tative kept India, China and Russia on its “Priority Watch List” for inadequate improvement in IPR protection. According to the government, the new policy will try to safeguard the interests of rights owners keeping in mind the wider public interest while combating infringements of IPRs. Finance minister Arun Jaitley, while announcing the new policy, said that the country would retain the right to issue so-called compulsory licenses to its drug firms, under “emergen- cy” conditions, and would not immediately need to change patent laws that were already fully WTO-compliant. “Compulsory licences are already provided in our patent law. That existing provision will continue,” Jaitley said. Compulsory licences enable a domestic drug manufacturer to produce patented drugs that are not available to the public at a reasonable price.

A NECESSITY

Intellectual property (IP) contributes enormously to our national and state economies. Dozens of industries across our economy rely on the adequate enforcement of their patents, trademarks, and copyrights, while consumers use IP to ensure they are purchasing safe, guaranteed products. We believe IP rights are worth protecting, both domestically and abroad.

www.iipta.com 14 Intellectual Property Creates and Sup- ports High-Paying Jobs. IP-intensive industries employ over 55 million Americans, and hundreds of millions of people worldwide. Jobs in IP-intensive industries are expected to grow faster over the next decade than the national average. The average worker in an IP-intensive industry earned about 30% more than his counterpart in a non-IP industry The average salary in IP-intensive industries pay $50,576 per worker compared to the national average of $38,768. Intellectual Property Drives Economic Growth and Competitiveness.

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www.iipta.com 15 6.America’s IP is worth $5.8 trillion, more than the nominal GDP of any other country in the world. 7.IP-intensive industries account for over 1/3– or 38%– of total U.S. GDP. 8.Strong and Enforced Intellectual Property Rights Protect Consumers and Families. 9.Strong IP rights help consumers make an educated choice about the safety, reliability, and effectiveness of their purchases. 10.Enforced IP rights ensure products are authentic, and of the high-quality that consumers recognize and expect. 11.IP rights foster the confidence and ease of mind that consumers demand and mar- kets rely on. 12.Intellectual Property Helps Generate Breakthrough Solutions to Global Challeng- es. 13.Nearly all of the 300 products on the World Health Organization’s Essential Drug List, which are critical to saving or improving. people’s lives around the globe, came from the R&D-intensive pharmaceutical industry that depends on patent protections. 14.Innovative agricultural companies are creating new products to help farmers produce more and better products for the world’s hungry while reducing the environmen- tal impact of agriculture. 15.Intellectual Property Rights Encourage Innovation and Reward Entrepreneurs. 16 Risk and occasional failure are the lifeblood of the innovation economy. IP rights incentivize entrepreneurs to keep pushing for new advances in the face of adversity. 17.IP rights facilitate the free flow of information by sharing the protected know-how critical to the original, patented invention. In turn, this process leads to new innovations and improvements on existing ones. 18.American’s Founding Fathers so recognized the importance of innovation and ensured that strong IP rights for authors and inventors are protected in the U.S. Consti- tution, thus making America the world’s entrepreneurial leader— a fact borne out by the overwhelming number of patents, copyrights and trademarks filed by the U.S. annually. 19.Bringing all of these important and diverse points together is the fact that protecting IP is a non-partisan issue that is shared by a broad coalition of interests. These rights are embraced by all sectors of industry—small, medium and large companies alike—and by labor organizations, consumer groups, and other trade associations we bring together.

www.iipta.com 16 IMPORTANCE OF PROTECTING IP

Intellectual property (IP) rights are valuable assets for your business - possibly among the most important it possess- es.

Your IP rights can: •Set our business apart from competitors. •Be sold or licensed, providing an important revenue stream. •Offer customers something new and different. •Form an essential part of your marketing or branding. •Be used as security for loans. •You may be surprised at how many aspects of your business can be protected - its name and logo, designs, inventions, works of creative or intellectual effort or trademarks that distinguish your business can all be types of IP.

Trade marks

•Get patent protection for your business. •Copyright for your business. •Protecting and handling your design. •Some IP rights are automatically safeguarded by IP law, but there are also other types of legal protection you can apply for. •To exploit your IP fully, it makes strong business sense to do all you can to secure it.

You can then: •Protect it against infringement by others and ultimately defend in the courts your sole right to use, make, sell or import it. •Stop others using, making, selling or importing it without your permission. •Earn royalties by licensing it.

www.iipta.com 17 •Exploit it through strategic alliances. •Make money by selling it.

PROTECTING IP RIGHTS

• Set your business apart. •Provides an important revenue system.

• Novel and non-obviousness •Form an essential part of marketing.

• Used as security for loans. •Diﬀerent aspects of your business protected.

ALL YOU NEED TO KNOW ABOUT THE NEW IPR POLICY

Finance Minister Arun Jaitley released India’s National Intellectual Property Rights (IPR) Policy recently. The Policy which is in compliance with WTO's (World Trade Organization) agreement on TRIPS (Trade Related aspects of IPRs), aims to sustain entrepreneurship and boost Prime Minister Narendra Modi's pet scheme 'Make in India.'

www.iipta.com 18 Here are the highlights: • The Policy aims to push IPRs as a marketable financial asset, promote innovation and entrepreneurship, while protecting public interest. •The plan will be reviewed every five years in consultation with stakeholders. •In order to have strong and effective IPR laws, steps would be taken — including review of existing IP laws — to update and improve them or to remove anomalies and inconsistencies. •The policy is entirely compliant with the WTO’s agreement on TRIPS. •Special thrust on awareness generation and effective enforcement of IPRs, besides encouragement of IP commercialization through various incentives.

•India will engage constructively in the negotiation of international treaties and agreements in consultation with stakeholders. The government will examine accession to some multilateral treaties which are in India's interest, and become a signatory to those treaties which India has de facto implemented to enable it to participate in their decision making process, the policy said.

• It suggests making the department of industrial policy and promotion (DIPP) the nodal agency for all IPR issues. Copyrights related issues will also come under DIPP’s ambit from that of the Human Resource Development (HRD) Min- istry.

•Trademark oﬃces have been modernized, and the aim is to reduce the time taken for examination and registration to just 1 month by 2017. The government has already hired around 100 new examiners for trademarks. Examination time for trademarks has been reduced from 13 months to 8 months, with the new target being to bring the time down to one month by March 2017.

www.iipta.com 19 • Films, music, industrial drawings will be all covered by copyright.

•The Policy also seeks to facilitate domestic IPR ﬁlings, for the entire value chain from IPR generation to commercialization. It aims to promote research and development through tax beneﬁts.

•Proposal to create an eﬀective loan guarantee scheme to encourage start-ups.

• It also says “India will continue to utilize the legislative space and flexibilities available in international treaties and the TRIPS Agreement.” These flexibilities include the sovereign right of countries to use provi- sions such as Section 3(d) and CLs for ensuring the availability of essential and life-saving drugs at affordable prices.

•The policy left the country’s patent laws intact and speciﬁcally did not open up Section 3(d) of the Patents Act, which sets the standard for what is considered an invention in India, for reinterpretation.

•On compulsory licensing (CL), India has issued only CL for a cancer drug. Mr. Jaitley said, “We rarely exercise this power.” The statement assumes significance as developed countries, including the US, have raised con- cerns over India issuing the CL. As per the WTO norms, a CL can be invoked by a government allowing a company to produce a patented product without the consent of the patent owner in public interest. Under the Indian Patents Act, a CL can be issued for a drug if the medicine is deemed unaffordable, among other conditions, and the government grants permission to qualified generic drug makers to manufacture it.

•The IPR policy favored the government considering ﬁnancial support for a limited period on sale and export of products based on IPRs generated from public-funded research.

www.iipta.com 20 WHAT IS IP LAW?

What Is Intellectual Property Law? 1. Intellectual Property is a Term Encompassing Several Diﬀerent Fields

On a daily basis, attorneys call us and say they want to do intellectual property law. We are always interested in talking to an attorney with experience in intellectual property law because it is, generally speaking, one of hottest practice areas in the United States. Most sophisticated ﬁrms in every market that we serve have an interest in intellectual property attorneys with certain backgrounds. However, “Intellectual property law" is a very general term of art. There are many types of intellectual property law - and many areas of intellectual property law are not "hot" at all.

One of the most amusing facets of intellectual property law to us is that unless someone is practicing it, or quite familiar with it, they are unlikely to have a good idea about what intellectual property law is. We have found that there is a bit of confusion with respect to what it really means to be an intellectual property lawyer.

2. What "Intellectual Property Attorneys" Do

The term "intellectual property" is used in its general sense to describe: A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, and industrial processes.

www.iipta.com 21 Examples of intellectual property are music, books, movies, artwork, product names, logos, slogans and packaging, inventions that qualify for patent protection and information that is kept secret and not commonly known. Over the past 200 years, a variety of laws have developed within the United States to give intellectual works the same protections that real estate or other forms of "property" enjoy under the law. Indeed, intellectual property can be bought or sold just like a house or a car. Intellectual property can even be leased out. Significantly, where property such as machines may have once been the primary source of a company's worth, in today's economy much of a company's worth comes from the ownership of intellectual property. What do you think the value of the trademark for Coke, Microsoft's Windows operating system, or the rights to the movie Gone With the Wind are worth, for example? Attorneys are generally involved in protecting this type of intellectual property, and their involvement could be in any one of numerous areas of the intellectual property field. In general, there are five basic types of intellectual property work that attorneys do.

While this list could certainly be toyed with after some debate, for all intents and purposes these areas are:

Trademark Copyright Trade Secret Patent Licensing Trademark Law

Trademark law protects words, phrases, logos or symbols used to distinguish one product from another. In circumstances where a competitor uses a protected trademark, the holder of the trademark can go to court and obtain an injunction to stop the use. Copyright Law. Copyright law protects the creators of expressive works, such as artists, photographers, writers and musicians, and gives them the exclusive right to protect how their works are used. It is important to note that, unlike trademark law, copyright law does not protect names or titles, for example.

www.iipta.com 22 One way that copyright law can be distinguished from trademark law is in the advertising context. Trademark law would commonly protect the name of the product being advertised, while copyright law would protect the expression. For example, the statement in an advertisement: "If you drive this X car, you will undoubtedly realize it is among the best in the market for what it does," is an example of something that would have elements of copyright and trademark within it.

Patent law protects inventions. By filing and obtaining a patent from the United States Patent and Trademark Office, the inventor of a product receives a monopoly on the commercial exploitation and use of a product for up to 20 years. Patents can protect the functional features of a process, machine, man- ufactured item, asexually reproduced plant, or composition of matter, for example. In general, the United States Patent and Trademark Office will not issue a patent for anything unless it is:

Non-obvious - Surprising to a person with ordinary skills in the relevant subject matter of the invention.

Novel - New and "unique" in one or more elements when it is compared to previous technology.

The United States Patent and Trademark Oﬃce generally issues three types of patents:

Plant Patents - Patents to protect certain types of plants.

Design Patents - Patents to protect the ornamental characteristics of a given device.

Utility Patents - Patents to protect inventions that have some type of usefulness.

www.iipta.com 23 www.iipta.com

Trade Secret Law Licensing Law

A trade secret is "A secret formu- While licensing law may make la, method, or device that gives use of all the areas of law one an advantage over competi- above, it is a popular enough tors.” In order to be a trade type of work that it merits some secret, the information must be discussion. A license is a grant such that it is not generally of permission to do something known to others in the business with an otherwise protected community. If the owner of the work or product. A copyright trade secret takes reasonable holder, for example, can give steps to keep the trade secret permission to other individuals "secret," courts will protect the to copy their work. In general, trade secret owner from unau- licenses grant rights to do one thorized disclosure by (1) indus- or more of the following things: trial spies, (2) competitors who To reproduce a work that is oth- wrongfully acquire the trade erwise protected. secret, (3) employees of the owner of the trade secret, and (4) anyone with any type of duty not to disclose the information.

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WHY IS IP LAW SO POPULAR?

If you investigate all of the intellectual property openings on our web site, you will quickly become aware that it is by far the most popular practice area in terms of where the majority of open positions are. This is a function of broad- er trends within the American economy. While there are many political, sociological and other reasons given for the present dominance of the United States in the World Economy, in all respects a great deal of the recent growth in the United States has been fueled by intellectual property related developments. Not surprisingly, the boom that came screeching to a halt in late 2000 and in the be- ginning of 2001 has been referred to as the "technology boom." In almost all sectors where technology was exploding, intellectual property had an important role in this growth.

United States economic growth has gone through several major historical transformations. While we are attorney recruiters (not historians), it is worthwhile reviewing this growth to understand the profound importance of intellectual property, the role of attorneys within this eld and why intellectual property has such an important impact on our economy.

www.iipta.com 25 The below explanation is extraordinarily simplistic; however, it does demonstrate the point wVe are seeking to make:

First, a great deal of the initial growth in the United States was due to the enormous amount of natural resources and the size of our country. In its earliest days, wealth was created by simply exploiting natural resources. A great deal of wealth and development occurred from things like beaver pelts, gold, and timber, for example;

Second, during the 19th century growth was fueled by the mechanization of processes to exploit our country's natural resources. The introduction of machines to exploit our country's natural resources was fundamental to the development of the United States.

Third, over the past century, large manufacturing industries were the main wealth creators. At this point in time, intellectual property began to assume a role of some importance. Nevertheless, intellectual property was for the most part considered more of a derivative of the large manufacturing industries which fueled the development of the United States, such as the car, steel and consumer products industries. (Incidentally, many of these industries continued to show a strong reliance on our country's natural resources.)

Finally, in the late 20th Century and into this Century, a new level of wealth creation has been occurring. In the present economic climate, the new industrial tycoons are not primarily in the steel and other types of "traditional" industries. In today's economic climate, valuation of companies isbased more on the value of their intellectual property than on the value of "harder assets" such as inventory, plants and equipment. The real growth has been in the computer, telecommunications, pharmaceutical and other related industries.

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Because the companies in these Accordingly, while intellectual property was elds have committed enormous once not something of great importance, resources to the development of today it is fundamental to the success of our inventions and the products that economy. In fact, one can scarcely pick up a accompany them, they are also more newspaper these days without reading an than willing to commit enormous article about intellectual property disputes. resources to protect their intellectu- Whether it is Napster or Amazon.com's al property. "One-Click Patent," the fact is that protecting intellectual property is extremely important to most businesses. Even in the more traditional manufacturing sector, the need to protect intellectual property is strong. .

An article in the July 2001 edition of California Lawyer, for example, discussed the fact that Mattel's product, Barbie, brings in $1.5 billion in revenues annually and that Mattel aggressively protects its Barbie trademark.

In fact, this growth in intellectual property related legal work has been so profound that courts are often at a loss as to how to deal with many of the issues. On October 2, 2000, near the height of the technology boom, CNN.com report- ed that: The high-tech world moves much faster than the judicial system, leaving judges to wrangle with issues that didn't exist a few short years ago.

Recent cases involving online music services Napster and MP3.com and a hacker magazine that published computer codes that can be used to copy DVD movies have raised new questions about how existing copyright and intellectual property rights will deal with the Internet.

The federal antitrust case against Microsoft has been extremely complicated, with months of testimony and thousands of documents related to innovations in Internet browser and operating.

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The Reasons Patent Attorneys Are Continually in Demand:

Patent law is without a doubt one of the most active areas for any type of recruiting in the United States, and we have seen no noticeable slowdown in patent recruiting despite the slowdown in the American economy that started in late 2000. As the American economy continues technology-oriented growth, the need for patent attorneys will follow. There are several reasons patent attorneys are in such demand:

First, one of the reasons that the need for patent attorneys is so strong is that there are very few of them. Over the past ve years, the percentage of practicing patent attorneys simply has not increased as a percentage of all the attorneys practicing in the United States. The percentage of practicing patent attorneys compared with the total attorney population has consistently remained at approximately 1½ percent. There are only approximately 20,000 patent attorneys in the United States, while there are approximately 1,500,000 other attorneys.

Second, in order to become a patent attorney it is not enough just to take the bar exam of a given state. In addition, an attorney must also take the United States Patent and Trademark Oce's Patent Bar Exam.

Third, in order to even sit for the Patent Bar, an applicant needs prior scientic or technical level training at the Bachelor's degree level in a science or engineering eld (or signicant college credits in one of these elds). While there are certainly many people who graduate each year with technical and science degrees, very few of these people may have any interest in attending law school (and accumu- lating high levels of debt) because the market for these individuals is extremely good even without a law degree. Fourth, assuming the potential patent attorney even has the requisite training to qualify to take the Patent Bar, they must also pass it, and the pass rate for the patent bar exam is much lower than for most bar exams - it typically ranges from 28% to 40%. In the 1996 exam, for example, 968 people passed, and 1794 failed.

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Fifth, the demand for patent attorneys is compounded by the fact that the need for patents has continually increased dramatically. For example, a recent article in the Legal Times stated that the number of patents issued each year has increased 30-40 percent since 1990. During the same period of time, the number of software patents increased by approximately 200 percent.

CURRENT IP TRENDS IN INDIA

The twenty-rst century will be the In the paper the researcher will be century of knowledge, indeed the dealing with the following issues as century of the intellect. A nation’s the development of intellectual ability to translate knowledge into property in India has always engen- wealth and social good through dered heated debate and keen innovations will determine its interest around the world. In recent future. Thus innovations hold the years India has made robust prog- key to the creation as well as pro- ress not only in implementing its cessing of knowledge. Intellectual obligations under the WTO Agree- property can be characterized as ment on TRIPs Rights, but also in the property in ideas or their developing its own IP regime which expression. It is a creation of the endeavors to balance the trade-o mind, which protects the rights of between monopoly rights and free individuals and businesses who access to knowledge. Although no have transformed their ideas into new IP laws have been enacted property by granting rights to the over the last year, it would be owners of those properties. Intel- wrong to say that there have been lectual property can be classied no parliamentary developments into the following four categories: with respect to intellectual proper- patents for inventions, copyrights ty. for literary works, trademarks, and trade secrets.

www.iipta.com 29 While this list could certainly be toyed with after some debate, for all intents and purposes these areas are:

Trademark Copyright Trade Secret Patent Licensing Trademark Law

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HOW IPR IS WHY CHOOSE IPT? GOING TOHELP YOU BUILD YOUR FUTURE

HOW IPR IS QUESTIONS THAT IMPORTANCE OF GOING TO GIVE POP UP? IP IN CAREER YOU GROWTH

WHAT IP JOB HOW IS IPR IS FOR YOU BENEFICIAL

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FROM AN IP PROFESSIONAL’S DESK

“Rajiv Maheshwari has moved from management consulting and corporate roles to the exciting world of IPR. He is currently professionally managing India’s leading IPR rm, Anand and Anand. He shares his tips to become a successful IPR professional. An interview of an IPR Professional.”

What key qualities one should possess for becoming an IPR professional? Rajiv Maheshwari: The eld of IPR is intrinsically linked with innovation, creativity and change. Consequently, an IPR professional must have a predilection for innovation and creativity, irrespective of the IPR segment one is dealing with.

Various aspects of IPR traverse almost all industry segments and functional areas, each one of which need dierent skills and oer huge potential for spe- cialization.

What challenges an IPR professional encounter? What is the earning potential?

Rajiv Maheshwari: We are living in VUCA times of volatility, uncertainty, com- plexity and ambiguity. Product life cycles and spans of competitive advantage have reduced like never before.

Since underlying IPR trends are shaping and also getting shaped by this VUCA world, an IPR professional needs to be nimble and agile to stay one step ahead in the learning curve. The IPR professionals who continuously build expertise and remain relevant in this dynamic world have great earning potential. Sky is the limit for those IPR professionals who spot trends and accordingly shape the IPR landscape.

What are the other related elds where an IPR practitioner can nd himself apart from joining law rms and corporate houses?

Rajiv Maheshwari: The inherent creative streak in an IPR professional renders them suitable for non-traditional opportunities. They typically nd themselves at the cutting edge of fundamental changes that shape the world around us. Consequently, IPR professionals are increasingly in demand outside the traditional Legal Departments in corporate houses.

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What would you like to advise the aspirants who are seeking a break in this eld? Please share your golden tips for them. Rajiv Maheshwari: I urge aspirants to pursue the 4 Golden P’s elucidated below to achieve the 4 P’s of Career Planning (Package, Position, Power and Path)

Passion - Follow your passion! It is not possible to consistently keep re-invent- ing yourself (as this profession will require you to do), unless you have a passion and love for IP.

Perspective – This advice cuts across all areas and is especially relevant for the millennials. Pursue short term goals but don’t take your eyes o the bigger picture. Don’t miss the woods for the trees and always look at the big picture.

Persistence – The legal profession (as also many knowledge based professions) have a very steep learning curve in the initial years and huge rewards typically come only after few years of hard work. Persistence is the key and the initial focus must be on learning and building skills, capabilities and expertise. The rewards will follow you (not the other way round) and 4 decades of working life is a lot of time to reap the rewards!

Purpose – Last but not the least, if you connect to a larger purpose (beyond merely doing a job), you are bound to shine reward creative work.

IP JOBS

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TOP 10 IP JOBS

JOB 1 Thousands of patents are led every day, covering a wide range of products from new genetic sequences and the latest communications technology, to eccentric inventions such as concentrated beer tablets, nappies for pet birds, and Chinese herbal medicines for purging evil and curing death! Patents are a valuable source of information for companies wishing to be at the forefront of their technology, but how do they keep up with the constant onslaught of new patents and sort the useful from the frankly wacky? This is where Derwent Information comes in. Derwent provides value-added patent and scientic information to a wide customer base, including major pharmaceutical, chemical, engineering, and electronics companies, patent oces, research organizations, and the nancial and legal sectors. Top companies use our products because patent, journal, and conference data from all over the world are summarized, classied, and indexed to produce high-quality, easily readable, and searchable abstracts available in one database--the Derwent World Patents Index--and on several platforms and formats. These data allow customers to keep up with technological advances and competitor activities to prevent patent infringement and to ensure that their own research is new. The role of an analyst is to summaries the content of a patent to produce a clear and concise abstract, identifying key areas of interest, such as what is new and the use and advantages of the invention. The analyst must then classify, code, and index the patent according to the subject area, which enables customers to quickly nd patents of interest. As an analyst, you can work on a variety of patents from all over the world. However, as a patent analyst, you work on cutting-edge science information constantly. You have the opportunity to read and nd out about the next big thing before it reaches the masses. In fact, a project called Technology Trends was set up by Derwent analysts specically to spot new trends, changes in technology, and also to nd the stranger patents that are an endless source of amusement.

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Patent Analyst Fresh graduates from various scientic background 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. As a patent analyst, your responsibility would be to understand is invention, break these invention into essential & desir- able characteristics, formulate a search strategy to capture patents/non patents .In any search, you won’t get 100% relevancy. As an analyst you analyses those results & report to client in specic format.

Analysts provide support to the consulting activity of the senior team, undertaking IP and market research and preparing detailed reports as well as presentations to summarize ndings and provide recommendations/conclusions. On the job training and mentoring is provided by more senior team members including other Analyst team members as well as the management team and you will contribute to a range of projects for dierent clients and technology/market sectors as part of a team. In addition, you will participate in some aspects of the operational management and development of new business opportunities. This is where Patent analyst comes in. Patent analyst will do all the hard work for you. He will protect your invention from violators. Famous rms like IBM, WIPRO, Infosys, Dell, HP, Apple, Samsung etc. le patent every month. They hire Patent Engineers frequently.

What is Patent Analysis? Patent is a technical document that describes invention. In analysis, the Engineer inspects patent document. Precisely, he can inspect document for variety of reasons: SWOT • If client has asked to perform prior art search before commercialization. • If company has to revive product or services. • If company has to revive product or services. • If client is involved in Infringement case. • If analysis report has to be generated.

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Who can be a patent analyst?

Who can be a patent analyst? Person carrying Bachelor’s degree in Science can be a patent analyst. Engi- neers will have added advantage. Trends show that Engineers are hired at a better package.

What does a Patent Analyst do? Analyst will get variety of patents to work on. One of my friends told me that he gets 10 to 15 patents per day and they have dierent deadlines.

They work on Cutting-edge science technology. This gives them opportunity to know about latest technology in advance. Sounds cool. They help R&D department to improve products and services. Their analysis report can be of great help to this department.

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JOB 2

A patent engineer or patent scientist is a patent professional who is typically involved in preparing and prosecuting patent applications. The terms are usually applied to patent professionals with scientic or engineering backgrounds that do not require either attorney or patent agent qualications, but still work with patent applications. In general, the position involves many of the technical aspects of patent prosecution, including doing background and prior art searches, drafting the specications and preparing reference gures for patent applications, and giving technical expertise during invention evaluation. Positions of this nature may focus a great deal on research and development while including patent considerations, emphasizing their technical background rather than legal or patent agent qualication.

Who is Patent Engineer?

A software Engineer develops and maintains software, Electronics Engineer deals with electronics gadgets, similarly, Patent Engineer deals with patent prosecution and maintenance. A software Engineer develops and maintains software, Electronics Engineer deals with electronics gadgets, similarly, Patent Engineer deals with patent prosecution and maintenance.

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A Patent Engineer is a person who:

• Understands technology

• Finds old technologies already known to public

• Drafts application carefully

• Files application

• Convinces patent oce for getting a patent.

• Identies economic asset

• Protects invention from counterfeits and fake products.

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ROLES FOR PATENT ENGINEER

UNDERSTANDING TECHNOLOGIES BY FINDING OLD ONES

DRAFTS FILES APPLICATION APPLICATION

CONVINCES PATENT IDENTIFIES PROTECTS OFFICE FOR FILLING ECONOMIC INVENTIONS APPLICATION ASSESTS FROM FAKE PROD- UCTS

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Role of Patent Engineer in a rm

•Understanding client: Application drafting is impossible without meeting and understanding the client’s invention. The Patent Engineer performs this task as he is supposed to draft the application.

• Creating application: Indian patent law restricts the patentability of certain inventions like software, business methods etc.

• Application should be drafted according to those rules.

• Managing complete team:

• This professional generally manages Patents department.

Main duties are:

• Designating dierent steps of prosecution to right team

• Keeping check on completion of activities

• Coordination with rest of the team: Patent Engineer studies trends of the current market. For proper functioning of several departments, Analysis report generated by patent engineer is important.

Where do Patent Engineers work?

Patent Engineers are commonly seen in the innovation industry. Inventors & Patent Engineers play signicant role in these companies. ‘Inventors invent and patent engineers protect’

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Software engineer

The companies innovate and hire professionals to work on these inventions. As I discussed earlier, Patent Engineer will draft application to be eld in patent oce. Also, he will protect application from infringement.

Scope of this career

A Patent Engineer can earn better than other Engineering professions. Lets take example of Software Engineers: Starting salary of Software Engineer will vary from 14,000 to 22,500 per month whereas Patent Engineer can easily get starting package of 3 lakhs. Other Engineering proles do not promise such salary growth. From past 2 years, I’ve been meeting Patent Engineers and collected following data: •Salary Growth •Career growth

How this profession can help you?

Even after graduating from an Engineering college, getting a job is most dicult task. You already know you didn’t get desired results by following others. So, why don’t we try new route to reach our destination? Do you think working in IBM, WIPRO, Dell or your dream company is dicult? Or you are trying it in the wrong way? Why not try something new?

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Dream job

Patent Engineer can learn new things in this industry. Moreover, salary hike is perfect & job will be stable. However, other Engineering proles are aected from trends and salary may not satisfy the candidate. According to me, this profession can be benecial for people looking out for jobs in their technical eld. As this eld is new and ready to accommodate technical people. So, it can also be helpful for unem- ployed Engineers. Finally I would like to add that Engineers are talent- ed and can try their luck here. All engineering graduates can apply for job of patent engineer in technological companies like GE, Motorola, Biocon, and 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 ne tune novelty of the invention

They help companies draft patent application and help companies get right to do business on new products. A patent engineer or patent scientist is a patent professional who is typically involved in preparing and prosecuting patent applications. Patent scientists and engineers often pursue either patent agent qualication and/or attend law school (this applies in the U.S. but not in Europe) to become patent attorneys.

A patent engineer usually works for a patent attorney or agent to assist with preparing and prosecuting patent applications. A patent engineer has at least a bachelor’s degree and will often have a masters or even a PhD (particularly in life sciences). Notably, they do not have a law degree or patent agent qualications, though they will often work towards getting one of those credentials once they start in the profession. The most common tasks they perform are prior art searches and drafting initial patent specications that describe the invention in detail. It is also common for patent engineers to assist the inventor with technical aspects of the invention that may not be fully eshed out yet, though they rarely get formal credit for doing so.

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JOB 3

Patent Docketing Ocer–Patent docketing is a method or system for managing the patent application process. Docketing is a particularly crucial tool for patent law rms, as it can be dicult to organize the patent application process for hundreds of patents without some type of system or software package to keep track of the many deadlines and documents involved. Many large patent law rms employ docketing specialists to manage the patent docketing process.

Law rms that deal in patent law may handle hundreds of patent cases at a time. Each patent application can take years to make its way through the United States Patent Oce (USPO) system and be awarded a patent. As the patent application makes its way through the approval process, called patent prosecution, there are many ling deadlines, documents, forms, drawings and statements to keep track of.

Patent docketing ensures that all the deadlines are met and all documents are labelled and kept in the correct le, so they can be retrieved when required. 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 ocer employed in India helps such companies complete the government compliance of United States Patent and Trademark Oce in ling patent application. They need to coordinate between Patent Oce and company sta so as to allow easy ow of appropriate information. Please note getting patent is tedious, time consuming and money taking process. So ocer helps in great deal in increasing productivity.

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When you have a huge patent and trademark portfolio, then tracking of all legal deadlines becomes very important. Precise docketing and eective paralegal support becomes the backbone of your prosecution processes.

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Patent & Trademark docketing or generally Intellectual Property (IP) Docketing is a system for managing the application process of IP Matters. Docketing is a vital tool for IP law rms, as it can be hard to organize the application process for hundreds and thousands of patents, trademarks and other IP matters without an eective docketing system to keep track of numerous deadlines and documents involved. IP Docketing makes sure that all the deadlines are met and all the documents are labeled and kept in the right le, so they can be retrieved as and when necessary. Docketing Services are of immense value proposition when the IP portfolio comprises a large number of IP Matters, which need to be monitored, updated, and managed with no margin of error. Outsourcing of docketing leads to improved quality and reduction in cost spent on paralegal time. All important correspondence from the patent oce including dates regarding patent application is properly docketed in advance, and timely reminders are provided to clients so that not a single deadline is missed.

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Docketing Process

Docketing Process also includes entering each document into a database so attorneys can easily call up a list of all documents in the application le and any dates associated with each document. For example, a patent attorney may need to see if any deadlines are coming up for ling a piece of paperwork with the USPTO. The docketing database can be used to alert the attorney of ling or other deadlines. Dockets' must also scan copies of documents, create tem- plates and forward documents to other law rms as required.

Our Approach

We have eective Patent and Trademark docketing processes and teams to help maintain and take essential actions to meet deadlines pertaining to an application. All important dates regarding patent, trademark and other IP Matters’ applications are properly docketed and timely alerts are given by us so that the client does not miss any deadline.

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JOB 4

There are around 1,500 patent attorneys in the UK. These guys are whizzes in intellectual property (IP) law. They deal in patents, trademarks, design rights and copyright law. Patent attorneys help inventors and companies navigate the tricky path to obtaining a patent, and advise clients on patent infringement and other areas surrounding intellectual property rights. A patent attorney might work in a rm of patent attorneys or in-house for a large company. They advise clients on the likeli- hood of obtaining a patent, partly through studying scientic and technical documents and utilizing their specialist knowledge.

They’ll apply for patents, putting together patent drafts and compiling tricky technical arguments to support the case. It’s not just about obtaining patents, but also renewing, defending and enforcing patents, trademarks or copyright. Patent attorneys handle the legal legwork required when a patent is transferred or sold, and they might also advise their clients on other intellectual property areas. Patent attorneys work with a wide range of people – from scientists and inventors to solic- itors and barristers – and as such they need top communication skills and, impor- tantly, a good technical and scientic knowledge.

This is a profession that combines a knowledge of both science and law. It’s a tough area of law to get into, with high academic standards. Most patent attorneys will have a good degree in science or engineering, and a healthy percentage will have completed further postgraduate education, such as a masters or PhD, although postgraduate education isn’t mandatory.

Some candidates might choose to do a Postgraduate Certicate or LLM in Intellec- tual Property. Knowledge of another language isn’t strictly essential, but compe- tency in French and German will signicantly help patent attorneys. The key thing is that many candidates won’t be coming from a law background, but they will need to show an interest and capability in law. They should be able to structure an argument, be persuasive, and have an eye for detail, as well as solid commercial awareness. Condence and good communication skills are important, as, of course, is scientic and technical knowledge.

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The key thing is that many candidates won’t be coming from a law background, but they will need to show an interest and capability in law. They should be able to structure an argument, be persuasive, and have an eye for detail, as well as solid commercial awareness. Condence and good communication skills are important, as, of course, is scientic and technical knowledge.

Most trainee patent attorneys will undergo ‘on-the-job’ training, coupled with inde- pendent study and perhaps external training courses. Wannabe patent attorneys will need to pass various examinations from the Chartered Institute of Patent Attorneys and complete two years of supervised training. Indeed, only after that will they be able to qualify as patent attorneys.

Patent attorneys might look to specialize in certain areas, progress to become a part- ner of a rm or lead an industrial IP department. This will usually involve taking on an increasingly managerial role. Some patent attorneys train for further qualications so they can practice as a trademark attorney. Otherwise, they might go on to become self-employed, working on a freelance basis or setting up their own rm.

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Who is a patent attorney?

At the outset, it is important to note that the term patent attorney does not nd a place in any Statute in India. In fact, a patent attorney is usually used interchange- ably with a patent agent. However, an attorney is an advocate. By virtue of this, a patent attorney is an individual who is entitled to deal with patent litigation by virtue of holding a law degree. A patent attorney or patent lawyer is an advocate. This means that an individual who has a law degree and has enrolled with a State Bar Council is an advocate who can deal with patent litigation and is hence a patent attorney. Particularly, it is important to note here that a patent attorney does not necessarily possess a degree in science, technology or engineering. Who is a patent attorney?

IP Attorney– Fresh law students can apply in law rms 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 ght 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.

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What "Intellectual Property Attorneys" Do?

The term "intellectual property" is used in its general sense to describe: A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, and industrial processes. Examples of intellectual property are music, books, movies, artwork, product names, logos, slogans and packaging, inventions that qualify for patent protection and information that is kept secret and not commonly known. Patent attorneys help inventors and companies navigate the tricky path to obtaining a patent, and advice clients on patent infringement and other areas surrounding intellectual property rights.

JOB 5

Who is a patent agent?

A person who is qualied to prosecute patents (i.e. drafting and ling a patent application) is known as a patent agent. Given the fact the patent drafting requires specic technical as well as legal knowledge, only a person qualied in both domains will be able to fulll the obligations of patent prosecution. Ac- cordingly, in India, a patent can be prosecuted through a registered Indian

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The statutory requirements for becoming a patent agent are: a) Be a citizen of India; b) The age 21 years or above; c) Obtained a degree in science, engineering or technology from any University established under law for the time being in force in the territory of India; and d) Passed the qualifying exam prescribed for the purpose. The qualifying exam stated in point (d) is the Patent Agent Exam that is conducted every year by the Controller Gen- eral of Patents. Therefore, passing this exam is a must in order to qualify as a registered patent agent in India . From the preceding listed qualications, two things are absolutely clear: 1. In order to become a patent agent, a degree in law is not required. But, a degree in science, engineering or technology is a must. 2. An individual with a degree in law does not automatically qualify as a patent agent unless he meets the above requirements.

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What is the role of a patent agent?

As stated above a patent agent is qualied for patent prosecution. The role of a patent agent is described in section 127 of the Indian Patents Act, 1970. Accord- ing to Section 127, a patent agent is entitled to: Practice before the Controller; and Prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.

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 benets. They work closely with patent oce 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 scientic aspect of invention and draft patent application. Start- ing salary of Registered Patent Agent is 3 lac per annum.

A person who is qualied to prosecute patents (i.e. drafting and ling a patent application) is known as a patent agent. Given the fact the drafting a patent requires specic technical as well as legal knowledge, only a person qualied in both domains will be able to fulll the obligations of patent prosecution. In India, a patent can be prosecuted through a registered Indian patent agent. Section 126 of the Indian Patents Act, 1970 envisages the qualications for becoming a patent agent. The statutory requirements for becoming a patent agent are:

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•Be a citizen of India;

•Have completed the age of 21 years;

•Have obtained a degree in science, engineering or technology from any Univer- sity established under law for the time being in force in the territory of India. •Have passed the qualifying exam prescribed for the purpose.

•The qualifying exam stated in point (d) is the Patent Agent Exam that is conducted every year by the Controller General of Patents. Passing this exam is a must in order to qualify as a registered Indian patent agent.

From the preceding listed qualications, two things are absolutely clear: In order to become a patent agent, a degree in law is not required. A degree in science, engineering or technology is a must. An individual with a degree in law does not automatically qualify as a patent agent unless he meets the above requirements.

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Job 6

IP Proofreading

Patent proofreading involves complete scrutiny of patent and patent applications. A signicant percentage of issued patent have errors which had occurred during the drafting or prosecution stage. These errors might limit the scope of the patent or lead to its revocation post grant. Although a laborious task, it is crucial to proofread patent applications to identify discrepancies in patents such as miss- ing antecedent references, incorrect status indicators, and inconsistent number- ing of claims, incorrect names of inventors, attorneys or assignees, spelling mistakes, or any preliminary amendments during the prosecution stage. The errors in the priority information might lead to serious repercussions which may even result in abandonment of a patent.

The proofreading process involves technical and legal understanding of the patent application. Our team performs a detailed analysis of the prosecution his- tory of the patent document to locate errors that are made either by the applicant or patent oce. Over the years, we have worked with various Fortune 500 companies and law rms and develop best proofreading practices for various jurisdictions including the US, EP, Australia, etc. We also prepare ready to le correction request (certicate of correction in USPTO) that can be led with the PTOs, thus saving your time and costs. Any fresh graduate can be employed as 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 oce. Patent Proofreading is a signicant step in recognizing errors that can have an eect on the patent’s enforceability.

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Also, as very well known, that most of the granted patents have mistaken. It is found in a study that 98% of the patents granted by the USPTO has mistaken. These errors could have negative impact on enforceability of the Patent claims and even more throughout the court case stage. So, it is essential to proofread these errors and acquire a certicate of correction as soon as the patent proprietor comes across these mistakes to keep away from future losses. The major object of patent proofreading services is to recognize errors in the patent application draft, which otherwise can lead to unnecessary oce actions rejection of patent applications. The mistakes could comprise grammatical mistakes, spelling mistakes, formatting mistakes, antecedent basis mistakes, claim dependency mistakes, and mistakes in drawing, illustration or even claim constancy with respect to the description.

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Also, as very well known, that most of the granted patents have mistaken. It is found in a study that 98% of the patents granted by the USPTO has mistaken. These errors could have negative impact on enforceability of the Patent claims and even more throughout the court case stage. So, it is essential to proofread these errors and acquire a certicate of correction as soon as the patent proprietor comes across these mistakes to keep away from future losses. The major object of patent proofreading services is to recognize errors in the patent application draft, which otherwise can lead to unnecessary oce actions rejection of patent applications. The mistakes could comprise grammatical mistakes, spelling mistakes, formatting mistakes, antecedent basis mistakes, claim dependency mistakes, and mistakes in drawing, illustration or even claim constancy with respect to the description.

Legal Advantage is equipped to devote the requisite amount of time and energy to your patent process so that the valued sta at your organization can spend their time focusing on other important issues. Our sta of trained and experienced professionals can provide you with our patent proofreading service to identify errors and omissions before they become an issue. Our multi-step quality control and quality assurance processes and methodologies leverage our deep industry experience and will provide the highest quality and most cost-eective patent proofreading services.

Next Generation Proofreading

Our technology allows us to provide the industry’s most comprehensive proofreading service. We use automation to access the patent’s le wrapper and use an OCR engine to recognize the text. The software uses the le wrapper information to assemble a document that should represent the issued patent (the “Assembled Patent”). Claims are constructed on a claim-by-claim basis. Our software compares the issued patent with the Assembled Patent. Our sta reviews the identied inconsistencies to determine whether the Assembled Patent or the issued patent is correct.

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• We verify all prior art references on the front page against those cited in the disclosure statements • We conrm that reference characters mentioned in the description appear in the drawings • We use our technology dictionaries to check for spelling errors • We conrm all inventor and title information • We conduct a visual inspection to assure that the correct drawings appeared in the issued patent • We conduct a manual verication of the claim set • Patent proofreading services includes. • Language verication for grammar, and spelling errors • File formatting as per Patent Oce Rules • Dependence conrmation • Reliability verication • Verify on correct antecedent basis

Job 7

Paralegal

Closely work with patent oce for any type of correspondence, write letters to clients and draft answers to patent oce. Paralegal works closely with attorney. Excellent research skills, ability to work on MS Oce, communication skills are required to get selected for the job. Any fresh graduate science, non-science or legal background can apply for such jobs. A paralegal is a person trained in legal matters who performs tasks requiring knowledge of the law and legal procedures.

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A paralegal, like a lawyer, can be employed by a law oce or work freelance at a company or law oce. Paralegals are not allowed to oer legal services directly to the public on their own and must perform their legal work under an attorney or law rm (except in Ontario Canada). Many paralegals may have their own company and be called Law Agents , providing services such as set- tlements, court lings, legal research and other auxiliary legal services. These tasks often have instructions from a solicitor attached. Other tasks may only be the title of a task to be performed with no instructions of how it is to be completed. Often the instructing legal entity relies on the expertise of a paralegal in regard to how compliance is to be met in completing tasks.

Job 8

Intellectual property associates continue this year to command premium sala- ries, according to recently released survey data, with their compensation advantage over other practice area paychecks growing in places to more than $50,000 a year. The spread between IP associate pay and industry averages begins with initial job oers, according to data compiled by the National Asso- ciation for Legal Career Professionals, with new lawyers headed into IP-focused rms far more likely than their peers to make BigLaw's top-tier base of $160,000 from the get-go. Among the largest U.S. rms, about 55 percent now pay that amount, according to the NALP. But among the responding IP rms, the lion's share —17 of 20 — hit that salary mark for their rst-years, NALP Director of Research Judith Col- lins said. Though a small sample size, “the odds of getting the top rate is far better in IP,” Collins said. The IP salary boost, primarily going to associates with multiple degrees and working in business-critical tech patent disputes, is also apparent in regional data breakdowns. With some variation between rms of dierent sizes and by region, the salary lead for associates doing IP work over other practice areas becomes greater with tenure.

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“It varies rm to rm, but that dierential can become substantial,” Collins said. The biggest rms are paying their most experienced, eight-year IP associates a median base of $270,000 — 16 percent more than the industrywide median for that group of $225,000. In the South, the eight-year IP associate median stands at $268,636, nearly $89,000 more than the median salary for eighth-years at all rms in the region.

Within rms of more than 250 lawyers, senior IP associates make a median salary of about $50,000 a year more than their colleagues overall, according to the survey, which included responses from 665 law oces and reects data current through April. The survey did not include bonus data. Industrywide, the median rst-year associate salary this year is $125,000, unchanged from 2012. Survey responses strongly indicated the major-market, $160,000 benchmark will continue for the incoming fall class. "There is no doubt that IP, specically patent litigation, is in the highest rate band across all attorneys working on those matters, including the associates," said David Moran, director of data management at TyMetrix Legal Analytics, who analyzed data compiled by the company's Matter- Analyzer tool.

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"These kinds of litigations have lots of hours that go into them," Moran said. "It correlates to more spending per matter and to higher rates, comparable to those for mergers and acquisitions and regulatory and SEC-type work.“ The additional pay reects both competition among rms for top IP associates, as well as the engineering, computer science or even physics degrees as well as industry experience, in that talent pool, she said. “Years ago, people went into IP litigation without a technical degree, but that's not done much any more,” Levine said. “We have people changing careers to law after a decade of being an engineer at places like Intel, and they're in very high demand.”

There is little to indicate the ongoing drop in demand for legal services hitting BigLaw will signicantly impact IP practices. According to the recent litigation outlook report from BTI Consulting Group, IP litigation is poised to grow for a fourth straight year in 2014 and increase nearly 3 percent to $3 billion, the largest projected jump of any litigation segment. Mark Fishman of legal search rm MNF Global LLC, which specializes in IP and technology attorneys, called the IP advantage a long-standing aspect of associate recruiting in Silicon Valley and elsewhere, and a straightforward case of supply and demand.

Job 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. An intellectual property patent associate practices in the areas of patent application preparation and prosecution, third party patent studies, intellectual property due diligence, infringement litigation support, license agreement drafting and negotiation.

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Job 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 oce. Writing patent applications are tedious task which requires lot of technical skill even, you need to do a thorough analysis of the report which every details connected to it need to be checked.

Job 10 A legal researcher is one basically responsible for researching cases (and anything that can help to win a case) in advance so that the litigation attorney is prepared for the courtroom. They typically provide research that ties in with evidences presented, case law, and even the litigation process. The process of legal research is varied depending on which country or whichever state in the United States you live in, but the basics are all the same. In general, legal research involves certain tasks such as general information on legal topics that touch on primary authority and specic local jurisdictions and supporting information that'll be helpful to a case. In a nutshell, legal researchers are writers employed by lawyers to provide them with necessary information. Some Basic Qualications.

To become a legal researcher, you basically need to have a college degree. Although some rms or employers don't really need you to have a law degree, this is basically recommended if you want to excel in this eld. It all varies from employer to employer. You also need to be a good enough writer if you want to succeed.

This also means that you have to know how to accumulate information that is benecial to your boss. So keep in mind, you're in for long hours of reading various topics that are somewhat related to specic cases. Having a good knowledge of the law, then, is a good advantage; so take some classes that touch on that. If you've missed out on that, you can still nd good websites that oer an online degree. Just make sure that they touch on legal research.

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Research Skills

Learn to research well. This doesn't just mean that you have to have a basic skill set that allows you to write about what you've read. Rather, it's all about using any and all methods available. Don't be lazy with the task given to you and just write it o. Instead, delve deeper if you feel that there's more under- neath the topic. Make sure that you've looked at every facet of the subject and that you've understood it before you proceed to other relevant things. Scan and study databases if you have to.

Practice

Practice, practice, and then practice more. That's the key to becoming a good legal researcher. Even if you've already taken courses in college, you need to apply everything that you've learned in real time. The more you work at researching various topics, the more you'll nd out that you're getting better and faster at it. Get an online freelance job as a researcher if you have to, so you can hone your skills.

Job Market

Decide where you'd like to go to work by checking out the market so you can cross out which ones aren't suited to your taste. There are basically three kinds of job opportunities that you can choose from: Government Agencies, Large Law Firms, and Private Attorneys. Law enforcement bureaus such as the FBI and CIA are examples of government agencies that hire a lot of legal researchers. Law Firms and Private Attorneys are pretty much self explanatory. It's all up to you which kind you'd like to work in, but it's a good idea if you start out with Private Attorneys rst so you can accumulate enough experience. You can then move up to Large Law Firms, because they tend to have higher pay.

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Working with Government Agencies tends to have better benets, however. Whether you consider being a part-time freelance legal researcher or a full-time one, you have to know how to be focused and organized if you want a successful career in this area. Tediously long hours and precise data and information accu- mulation is what you'll face in this kind of job. If you nd that you're up to it, then you can assure yourself that you'll probably be a good legal researcher.

Legal Researcher-Conduct legal research to nd relevant prior art references for patent application, conduct novelty search, freedom to operate search etc. They work on various software and prepare reports. A legal researcher is an individual who undertakes in-depth research into any aspects of the law in support of a company or individual. The job term ‘legal researcher’ covers a number of different roles at dierent levels, all with the express aim of furthering the knowledge of a certain area of the law. Legal research is predominantly oce-based, can be carried out by males or females and will generally t to regular oce hours. However, as deadlines become tight or a case looms, a legal researcher will be expected to put in extra hours to ensure work is completed satisfactorily. There may also be times when you will be expected to go out of the oce to conduct interviews or meet people for other purposes, and this could also necessi- tate international travel.

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