Laws for inventions

A degree in biotechnology and law seemed to be a strange  combination for Rajeshwari H, and not once during her studies did she imagine that it would reap great returns for her in the field of patenting. After practising civil law for a couple of years in Mumbai and Pune, Rajeshwari envisaged a better career for herself as a patent attorney and made the move.

Now a partner at K&S Partners, she finds, “There is always a new challenge with a new assignment. An invention doesn’t end the moment it’s made. The final shape to it is given by patent attorneys.”

A patent is the legal protection given by any government to an inventor or a corporation for research undertaken or a new product developed. The rights are protected in the territorial jurisdiction where the patent granting agency works. When a person invents something, s/he hires a lawyer who has to first understand the invention and then do an online search of related items already patented. This search is aimed at avoiding any duplication of invention. In case there is some similarity between two products, the attorney identifies the unique, novel features in the newly created item.

The second stage involves applying for a patent in the patent office. Then the lawyer coordinates with the patent officer, on behalf of the client. This process is known as the prosecution. The person making the invention meets the officials and explains to them the unique features of his/her invention. In case the patent officer raises an objection, the attorney is expected to respond and defend his client’s invention. His coordination continues until the invention gets patented. An attorney must have a science background because if it is a pharmaceutical and biotech invention, then he has to understand what it’s about.

“There are times (normally 10 per cent) when the invention is challenged by a fellow inventor. The attorney has to then defend his client in the court of law,” says Chetan Chadha, managing partner at Chadha & Chadha Advocates, Gurgaon.

The profession is very demanding. “One has to undertake a detailed study of the subject to fathom the technicalities of the invention. It gets very demanding as you might have to draft the patent proposal in just two weeks’ time,” says Chadha

Patent rights are protected globally but one has to file different patents for the respective jurisdictions. A lawyer thus has to have a good grasp on international law. “When a newly developed product is exhibited at an international trade fair,  the inventor/company has to get it patented in that country too, as your country’s laws will not be applicable there,” says Rajeshwari.

Author: Vimal Chander Joshi
Date: 25th Feb., 2010

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