Intellectual Property (IP) law is a fast growing practice area that protects creations of the human mind. These creations might include inventions that qualify for patent protection or literary and artistic works such as books, plays, music, and artwork. They can also include product names, slogans, logos, and packaging; symbols, names, images, and designs used in commerce; and trade secrets.
In today’s competitive landscape, demand for intellectual property professionals is growing. As long as invention and innovation exist, IP professionals will be needed to procure the rights to new ideas and protect the ownership of existing creations. Even recession affects other law practices, intellectual property law typically continues to thrive because people do not stop imagining. They don’t stop creating and manufacturing new and better ways to do things and creators want to protect their rights to those ideas.
Intellectual property is an organization’s most valuable asset. New developments in science and technology have created the need for IP professionals with specialized backgrounds.
A career in IP is a secure and never ending career. An IP professional can define their own destiny by continuing onto advanced studies and becoming a specialist in one of the many areas of IPR.
The Intellectual Property scenario in India has undergone a sea change and now has a thrust towards innovation. Companies are looking to develop new products and innovative business models. Some changes are due to a) An upsurge in the outsourcing industry; b) Reform of Indian patent legislations; and c) Innovation of products and process in domestic industries.
There is a rapidly growing demand of trained IPR and Patent professionals, agents and litigation attorneys in India. It is driven by:
- Increasing Demand for Patent and related services globally
- Growing outsourcing / off shoring opportunity in the field of patents from the US, UK and Japan
- India’s growing R & D operations require patent expertise and coverage of International calibre
A trained IPR and patent professional in India can find employment with modern, developing,
innovation driven Industries and Organizations. There is a rapidly growing demand of trained IPR and Patent professionals, agents and litigation attorneys in India. It is driven by:
- Patent Engineers, Agents
- Patent Examiners and work with PTO
- Patent & IP Expert / Advisor / Consultant
- Patent Prosecutors
- Licensing and Valuation Experts
- IP Attorney & do IP related litigation services
- Patent Prosecutors
- Paralegals and work with law firms in area of documentation and support
- IP Attorney & do IP related litigation services
- Patent Prosecutors
- Paralegals and work with law firms in area of documentation and support
Patent Engineers, Agents
- Review invention disclosures from inventors
- Conduct patentability searches
- Analyze, Draft and file patent applications
- Conduct correspondence with the local Patent and Trademark Office (PTO)
- Counsel clients on Local and foreign patent strategy
Patent Examiners
- Works at PTO
- Assess applications for patents by ascertaining that the invention is new, not merely an adjustment to something which already exists, carrying out searches and making sure application meets all requirements of Patent Office
- Making a final decision as to the novelty of the invention, which is written in a final report
- The Patents are granted, re-examined, reissued by Patent Examiners
- Occasionally, becoming involved in specialized work, such as intellectual property policy, information retrieval and publicity
Patent Engineers, Agents
- Review invention disclosures from inventors
- Conduct patentability searches
- Analyze, Draft and file patent applications
- Conduct correspondence with the local Patent and Trademark Office (PTO)
- Counsel clients on Local and foreign patent strategy
Patent & IP Expert / Advisor / Consultant
- Domain Experts
- Assist attorney and agents
- Making a final decision as to the novelty of the invention, which is written in a final report
- Coordinate patent application filings in local and foreign countries
- Engaged in high end jobs, such as Patent Valuation, Patent Licensing
Patent Prosecutors – Entry level
- Preparing Information Disclosure Statements, Oath and Declarations, other basic filing papers (
- Legal support/paralegal functions)
- Freedom to operate/product clearance (document review)
- Patentability study (document review)
- Legal and technical research
- Response to restriction requirements and first Office Actions
Patent Prosecutors – Intermediate leve
- Patentability search and review and preparation of new patent applications (U.S. and PCT filings) Freedom to operate/product clearance (search and participate in opinion writing)
- Validity and invalidity opinions (document review/basic support)
- Conduct personal or telephone interviews with PTO Examiners
- Response to final rejections
- Coordinating prosecution with foreign associates
Patent Prosecutors – Expert level
- Write Appeal Briefs; conduct Oral Hearing at Board of Patent Appeals and Interferences (BPAI)Validity and invalidity opinions (document review/basic support)
- Validity and invalidity opinions (participate in writing)
- File ex parte or inter partes re-examination
- File re-issue application
- Participate in litigation (U.S. and foreign)
- Extensive direct contact with clients; begin developing own clients
Working at End User Organization
- Patent drafting and prosecution
- Patent infringement and validity opinions
- Licensing agreements
- Employment contracts
- Advise on trade secrets, patent strategy, business plans
- Interact with foreign patent counsel, litigation counsel, venture capitalists, auditors
Working at a Law Firm or as independent IP Attorney
- Discovery
- Memoranda
- Requests
- Motions
- Depositions
- Trial and appellate briefs
- Settlement negotiations
- Mediation
- Arbitration
