should be liberating and fulfilling, providing goals to · 1. make career planning in annual event...
TRANSCRIPT
Career planning is not an activity that should be done once in high school or college and then left behind as we move forward in our jobs and careers. Rather, career planning is an activity that is best done on a regular basis especially given the data that the average worker will change careers multiple times over his or her lifetime. And it’s never too soon or too late to start your career planning.Career planning is not a hard activity, not something to be dreaded or put off, but rather an activity that should be liberating and fulfilling, providing goals to achieve in your current career or plans for beginning a transition to a new career. Career planning should be a rewarding and positive experience.
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What are the 10 tips you need to know?
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1. Make career planning in Annual Event
Many of us have physicals, visit the eye doctor and dentist, and do a myriad of other things on an annual basis, so why not career planning? Find a day or weekend once a year more often if you feel the need or if you’re planning a major career change and schedule a retreat for yourself. Try to block out all distractions so that you have the time to truly focus on your career what you really want out of your career, out of your life. By making career planning an annual event, you will feel more secure in your career choice and direction and you’ll be better prepared for the many uncertainties and difficulties that lie ahead in all of our jobs and career.
2. Map out you path since last career planning
One of your first activities whenever you take on career planning is spending time mapping out your job and career path since the last time you did any sort of career planning. While you should not dwell on your past, taking the time to review and reflect on the path whether straight and narrow or one filled with any curves and dead-ends will help you plan for the future. Once you’ve mapped your past, take the time to reflect on your course and note why it looks the way it does. Could you have done things better? What might you have done differently? What can you do differently in the future?
Mapping out career from the very beginning is very important, since you can very well analyse what you wanted from the very beginning, only then you can stay focused on your particular aim.
3. Reflectyourlikesanddislikes:NeedsandWants
Change is a factor of life, everybody changes, as do our likes and dislikes. Something we loved doing two years ago may now give us displeasure. So always take time to reflect on the things in your life not just in your job that you feel most strongly about. Make a two-column list of your major likes and dislikes. Then use this list to examine your current job and career path. If your job and career still fall mostly in the like column, then you know you are still on the right path; however, if your job activities fall mostly in the dislike column, now is the time to begin examining new jobs and new careers. Finally, take the time to really think about what it is you want or need from your work, from your career. Are you looking to make a difference in the world? To be famous? To become financially independent? To effect change? Take the time to understand the motives that drive your sense of success and happiness.
4. Examine Your Pastimes and Hobbies
Career planning provides a great time to also examine the activities you like doing when you’re not working. It may sound a bit odd, to examine non-work activities when doing career planning, but it’s not. Many times your hobbies and leisurely pursuits can give you great insight into future career paths. Think you can’t make a hobby into a career? People do it all the time. It is through knowing your hobbies to actually find yourself, you actually find what you are best at or what interests you the most. Pastimes and hobbies help you identify yourself, and brings you to realization that what are you good at so that you can plan your career as accordingly.
5. MakeNoteofYourPastAccomplishments
Most people don’t keep a very good record of work accomplishments and then struggle with creating a powerful resume when it’s time to search for a new job. Making note of your past accomplishments keeping a record of them is not only useful for building your resume, it’s also useful for career planning. Sometimes reviewing your past accomplishments will reveal forgotten successes, one or more which may trigger researching and planning a career shift so that you can be in a job that allows you to accomplish the types of things that make you most happy and proud. Keeping a track record of what you have already done is very important because this can be a plus point to enhance your resumes and get a chance to be hired.
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6. Look Beyond Your Current Job for Transferable Skills
Some workers get so wrapped up in their job titles that they don’t see any other career possibilities for themselves. Every job requires a certain set of skills, and it’s much better to categorize yourself in terms of these skill sets than be so myopic as to focus just on job titles. For example, one job-seeker who was trying to accomplish career planning found herself stuck because she identified herself as a reporter. But once she looked beyond her job title, she could see that she had this strong collection of transferable skills such as writing, editing, researching, investigating, interviewing, juggling multiple tasks, meeting goals and deadlines, and managing time and information skills that could easily be applied to a wide variety of jobs in many different careers. Thus, there are opportunities way beyond you can even imagine, always keep a flexible route towards success instead of adhering to just one route one should always keep all doors open for oneself.
7. ReviewCareerandJobTrends
Everyone makes his or her own job and career opportunities, so that even if your career is shrinking, if you have excellent skills and know how to market yourself, you should be able to find a new job. However, having information about career trends is vital to long-term career planning success. A career path that is expanding today could easily shrink tomorrow or next year.
It’s important to see where job growth is expected, especially in the career fields that most interest you. Besides knowledge of these trends, the other advantage of conducting this research is the power it gives you to adjust and strengthen your position, your unique selling proposition. One of the keys to job and career success is having a unique set of accomplishments, skills, and education that make you better than all others in your career.
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8. SetCareerandJobGoals
Develop a roadmap for your job and career success. Can you be successful in your career without setting goals? Of course. Can you be even more successful through goal-setting? Most research says yes. A major component of career planning is setting short and long-term career and job goals. Once you initiate this process, another component of career planning becomes reviewing and adjusting those goals as your career plans progress or change and developing new goals once you accomplish your previous goals. You need to be very precise and committed in whatever you are about to do, stability is very necessary when you want to attain success in your work front. Moreover, you need to be very patient because impatient mind leads to diversion rather than success.
9. Explore New Education/TrainingO p p o r t u n i t i e s
Never pass up chances to learn and grow more as a person and as a worker; part of career planning is going beyond passive acceptance of training opportunities to finding new ones that will help enhance or further your career. Take the time to contemplate what types of educational experiences will help you achieve your career goals. Look within your company, your professional association, your local universities and community colleges, as well as online distance learning programs, to find potential career-enhancing opportunities and then find a way achieve them.
10. Research Further Career
One of the really fun outcomes of career planning is picturing yourself in the future. Where will you be in a year? In five years? A key component to developing multiple scenarios of that future is researching career paths. Of course, if you’re in what you consider a dead-end job, this activity becomes even more essential to you, but all job-seekers should take the time to research various career paths and then develop scenarios for seeing one or more of these visions become reality. Look within your current employer and current career field, but again, as with all aspects of career planning, do not be afraid to look beyond to other possible careers.
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Why“GoodEnough”ReallyIsn’tEnoughinYourCareer?
But what about when it comes to your career? “Good enough” carries another kind of weight when you use it in reference to your livelihood. You’re not doing it for them. You do things for yourself. For your personal development, and for the quality of your life. Consider that report you half-did. Yes, maybe it’s good enough for your boss not to toss you out, but what part of yourself are you sacrificing for it to just be over and done with? This could have been a chance for you to hone your creativity, leadership skills, or confidence. Or, an opportunity to advance your role, standing, or responsibilities in the eyes of your manager.Or, take it from another perspective. Think about a job offer you’re hesitant to take even though it’s technically “good enough.” You’re probably willing to take whatever you can get because job offers don’t come every day and you fear that your friends and family will judge you for turning down an opportunity.But what do you—and only you —want? You probably want to find a job that makes you happy, a job that encourages you to to do work you’re proud of. If this offer doesn’t make you happy, doesn’t help you to create work you’d be proud of, that, my friend, means “good enough” isn’t enough for you. Settling for “good enough” means giving up on yourself and your potential. It means saying “I’d rather stay here than go forward.” It has nothing to do with what others think and everything to do with how you see yourself today, tomorrow, and the next day.If it is not good your doesn’t amazes you, you need to stop doing it, or find out a way that could be an alternative or do it in a way that interests you the most. Instead of making it monotonous you should stop doing it instead.
HowcanyouachieveaHappyandFulfillingCareer?
Setting Strong boundariesBoundaries are the invisible barriers between you and your outside systems, and they regulate the flow of input and information between you and the outside world. When your boundaries are overly diffuse, you’re “enmeshed” with others – unable to discern where you end and others begin. When your boundaries are rigid and impermeable, you’re “disengaged” – lacking healthy and appropriate connection with others or your own life. The key is find balance – to be healthily engaged with others but solid enough in your own skin, with your own thoughts, beliefs and self-worth that you can navigate through life knowing who you are and what you want, and advocating effectively for that without it being a constant struggle. The best way to determine if your boundaries are healthy is to think about your life and career ask yourself, “Am I living someone else’s definition of life and success, or my own?”
A healthy money relationship
You can’t be happy in your work if you let money rule you. It’s truly that simple. Money can be viewed as an energy form, and when you give up all your power to it, it will suck you dry. If on the other hand, you can recognize money for what it is, and focus instead on what you’re meant to be doing in this world and how valuable you are, doors will open and great new possibilities will emerge. As the noted scholar Joseph Campbell shared, “Money is congealed energy and releasing it releases life possibilities. Money experienced as life energy is indeed a meditation, and letting it flow out instead of hoarding it is a mode of participation in the life of others.”
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Couragetomoveawayfromwhat’sdrainingyou
It takes courage to say “enough of this!” when “this” is something your ego, fears and hopes are tied up in. People are deathly afraid of making change when they’ve been at a direction long enough that they’ve become overly-attached to the outcome and what it should look like. Some might say, “Just one more year, and something’s got to break!” or “This feels so wrong, but I’ve invested money in this I can’t change it now.” The problem is, no matter how much you visualize the wrong direction becoming better, wrong is still wrong. If you’re engaged in work that drains, disappoints, and demoralizes you, it’s wrong for you.
Gratitudeandavisionofwhatyoulove
The people I’ve met who have the most rewarding careers are individuals who have developed a habit of experiencing gratitude on a daily basis. Gratitude is a powerful indicator, too, of what you love and want to create more of in your life. The more you take time to acknowledge with appreciation and thanks what you love about your life, the more you’ll be able to expand those things that bring you joy. If you don’t ever stop to feel or express gratitude for what is going right in your life and what you relish, you’ll become blind to the new and improved opportunities that are waiting in the wings.
Willingnesstogetinthecagewithyourfears
Experiencing happiness throughout your life requires flexibility, openness and adaptability. Very few people in this world are happy being and doing the exact same thing every day of their lives. We age, we develop, and we grow. We long to stretch up, grab new experiences, spread our wings and bump against new challenges, and be more of what we love to be. All of that requires walking through fear. The more comfortable you become getting in the cage with your fears and taking them on, the more satisfying your life and career will be.
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Couragetomoveawayfromwhat’sdrainingyou
It takes courage to say “enough of this!” when “this” is something your ego, fears and hopes are tied up in. People are deathly afraid of making change when they’ve been at a direction long enough that they’ve become overly-attached to the outcome and what it should look like. Some might say, “Just one more year, and something’s got to break!” or “This feels so wrong, but I’ve invested money in this I can’t change it now.” The problem is, no matter how much you visualize the wrong direction becoming better, wrong is still wrong. If you’re engaged in work that drains, disappoints, and demoralizes you, it’s wrong for you.
Gratitudeandavisionofwhatyoulove
The people I’ve met who have the most rewarding careers are individuals who have developed a habit of experiencing gratitude on a daily basis. Gratitude is a powerful indicator, too, of what you love and want to create more of in your life. The more you take time to acknowledge with appreciation and thanks what you love about your life, the more you’ll be able to expand those things that bring you joy. If you don’t ever stop to feel or express gratitude for what is going right in your life and what you relish, you’ll become blind to the new and improved opportunities that are waiting in the wings.
Willingnesstogetinthecagewithyourfears
Experiencing happiness throughout your life requires flexibility, openness and adaptability. Very few people in this world are happy being and doing the exact same thing every day of their lives. We age, we develop, and we grow. We long to stretch up, grab new experiences, spread our wings and bump against new challenges, and be more of what we love to be. All of that requires walking through fear. The more comfortable you become getting in the cage with your fears and taking them on, the more satisfying your life and career will be.
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A support circle that empowers you
Finally, the one thing that most people forget about when they’re in the midst of their early career-building is other people. In our 20s and 30s, many of us are intensively self- focused, dedicating massive amounts of time and energy to gaining more responsibility, expanding our skills, and rising to the top. We fail to see that building positive relationships with supportive, empowering, enlivening people is the best career strategy we can devise. Cultivating a powerful support circle and community now can be the difference between being stuck for years in a miserable situation and having new doors fly open just when you need them to.
TheJob-SearchDominoEffect!
The Domino Effect states that there are five key phases of any good job search, and if you ignore any one of them or do one poorly, then the likelihood of having a successful job search decreases dramatically just as if you pulled a domino out of a chain of dominos.The five phases of a successful job search:• Marketing Preparation• Dynamic Cover Letter• Excellent Resume• Strong Interviewing Skills• Timely Follow-up
Marketing Preparation
Preparation is perhaps the most important element of any successful job search. The strength of your preparation will carry you through the entire job search process. Preparation includes:
• Determination of your strengths and weaknesses;• Evaluation of your job and career interests;• Establishment of a career track/path;• Analysis of geographic areas of interest;• Develop a list of potential employers;• Research on companies of interest;• Using key marketing tools to position yourself on the job market;• Networking with anyone who might be able to provide you with job leads.
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DynamicCoverLetter
• Once you’ve done your marketing preparation, you can then begin to write your cover letters.• The keys to a successful cover letter are:• it’s addressed to a named individual;• it grabs the reader’s attention in the first paragraph;• it sounds confident without being arrogant;• it focuses on your key accomplishments;• it’s no longer than one page;• it presents your Unique Selling Proposition;• it uses action verbs;• It requests action.
Excellent Resume
A resume is a document that describes your work experience, your educatio, and your skills. What makes an excellent resume, however, is marketing. You have to consider yourself a product, with the employer as the buyer…why should the employer buy you? Your resume is a key marketing tool in your employment search.
• The keys to a successful resume are:• it clearly identifies you;• it provides a means for the employer to contact you;• it identifies your career skills, interests, and strengths;• it focuses on your key accomplishments;• it highlights your educational success;• it uses action verbs;• It’s no longer than one page for college grads and no more than two for everyone else.
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Strong Interviewing Skills
No matter how introverted you may be, anyone can learn to interview well. It simply takes learning some basic rules and then practicing and refining your technique as much as possible. But, remember that no matter how good you’re marketing preparation, cover letter, and resume may be, you can’t get a job without a good interview.
Some basic facts about the interview:• first impressions are key;• the interviewer reaches a decision about you in the first five minutes;• good interpersonal skills are extremely important;• dress for success is more than a cliché, know the appropriate dress code — and dress for success;• you need to try and control the tempo and flow of the interview… don’t just respond, but initiate;• prepare for both traditional and behavioral-based interview questions;• prepare questions to appear proactive;• Remember that you are selling a product yourself so don’t be modest.
Timely Follow-up
This last domino is as important as the first; if you don’t follow-up and follow-through you might not be successful in your job search.Follow-up includes:• calling employers and asking for an interview;• returning phone calls;• sending out cover letters and resumes when asked to do so;• writing thank you letters to anyone that has helped you in your search or who you have met;• Writing acceptance or declining letters to job offers.
What are the reasons for planting a Career in IPR?
I understand you must be doing lot of googling or talking to friends and making choices of career. Be it your first job or job change for growth, I am sure there must be lot of career options which you can uptake. On the basis of survey taken by our team, we found that all people in their career look for three things certainty, uncertainty and contribution. You must be surprised to know how certainty and uncertainty co-exist. Of course, we all want certainty that we should get salary, climbing up corporate ladder should be easy or fix office time with certain type of work. With these certain types of tasks, uncertainty means job should be full of surprises- extra bonus or reward for being good employee or chance to travel abroad should come in with time. Thirdly every person looks for job satisfaction which comes in if we feel we are contributing in the society or doing good work or chasing golden goals of life.
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Reason #1Industry is exponentially growing – Industry has grown tremendously in last 2 years. Number of patents, copyrights and trademark registered have grown to 15%. Not only local businesses are getting their patent and trademark registration in India. Moreover, increase in global market has given many outsourced jobs to India. Patent docketing, patent searching, paralegal etc are jobs which are outsourced in India. As India is having lot of engineering graduates, so companies like IBM are outsourcing work of patent analytics to India. Pharma graduates are mushrooming so companies like GSK has outsourced work of prior art searching in India. Legal services are too costly in US so processes of patent docketing and communication with patent office is now being done at Indian Companies.
Reason #2Salary is good – Patent Engineer can easily start with salary of 3 lac per annum as compare to IT industry where engineers are starting at 12,000 per month for night shift job. Graduates with M. Tech degree can begin with 5 lac per annum at CPA Global, biggest IP outsourcing company of India.
Reason #3Growth is easy– As compare to your friends who choose to begin in IT company where growth is sluggish, I must tell you that growth in patent and IP industry is more promising. As industry is still growing, so students or professionals who will begin their career now has huge scope of growing ahead. Professionals with 2-3 years of experience in industry are earning 10 lac per annum. This kind of package is only expected for engineers after MBA degree.
Reason #4 You can work in “brand” companies– You must understand that companies having good research budget will only spend in patents. For example in IT industry companies like Google, Facebook, Samsung etc. or in healthcare like GSK, Ranbaxy etc. are having openings in IPR Cell. So entering into industry will help you switch or start your career in “brand” companies.
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Reason #5You can have international exposure. When companies like IBM or Dr. Reddy create and market their product, they do it at global level. Products are launched in multiple countries. So working in IP department will give you extra edge of handling international projects. Once you get promotion you may be given choice to go to US or UK, where main office is located.
Reason #6Work for 5 days a week – Most of companies work in accordance with US Patent and Trademark Office. So you don’t have to work on Saturdays.
Reason #7You can work in your core area– Most graduates are facing problems that job where are getting is not in core area and is not aligned with degree. While working in IPR Cell you work in core area of new technological inventions being made by companies. You have to scientifically understand each and every new invention.
Reason #8Low investment to begin career – I completely understand that during your degree program you might not have heard of IPR. But with your technical degree you can gain extra education in just couple of months and jump start your success career. As compare to pursuing, investment is terms of money and time is less.
Masterminds: Expert Job-Search Answers and Advicefrom Career Experts
Why they suggest you to be an IPR expert, and why they opted for IPR is all you need to know.
INTERVIEW1:
Career Interview with Sheetal Chopra, IPR Head, FICCI:AlsoBeing a PatentAgent as aCareerOption:
She has rich experience working with/for the Industry. She is currently heading the activities of IPR division of FICCI, Federation of Indian Chamber of Commerce and Industry and is also an author at NIPO Academy. The conversation moves from requirements and job profile of a patent agent, to the importance of knowing your law and building a first-hand connection with the industry. Neeati Narayan recently interviewed Ms. Sheetal Chopra, a registered Patent Agent and an author of the book on “Patent Agent Examination: A book for Industry professionals and students” published by Lexis Nexis.
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Q. Hello Ms. Sheetal. Tell us something about yourself?
A. I am person with an inborn drive to teach and a never dying inclination towards experimenting with different things. Due to this, I have dabbled in my fair share of working for different sectors in equally varying capacities. I have been fortunate enough to acquire good experience working for the industry. Intellectual Property is a subject which started to grab more of my attention when I started my career in pharmaceutical sector as a scientist. Since then there has been no looking back. It helped in enhancing my career contours from a real time “policy abider” to now a “policy facilitator”; “creator to enabler” etc.
Q. Why did you choose law (and in particular IPR) as your career choice?
A. Choosing law was never a career choice. I would say it happened by chance. I never envisaged my career in this field when I got my post- graduation degree in Science (MSc). After completing MBA programme. I happened to enter into the space of Intellectual property by a sheer incidence which took place in my first company. With a science background this added lot more synergies and created a good techno-legal amalgamation.
Q. What is the job profile of a Patent agent?
A. A Patent agent helps an inventor/researcher/company in getting their Intellectual Property (creativity/inventions) protected under the IP laws. His work is also like an architect who drafts an application in such a way that the invention/creativity gets adequate protection by appropriately fencing it using his technical and legal skills. He prosecutes the application on behalf of his clients and interacts with intellectual property offices. His job is very exciting as he receives an opportunity to deal with inventions coming from different sectors.
Q. If someone aspires to become a Patent Agent, how do they go about it?
A. Experience in IP field certainly helps. But I would say even for those who do not have industry experience can also do fairly well. They must possess knowledge of the bare act (The patents act). Going through past years’ question papers is must as it gives a complete understanding of the format of the examination. A sample of template answers can really help a lot. In recent times, the pattern is completely changed. The questions are framed in such a manner that it intrigues the legal skills of the aspirant.There are case studies which are being asked. Drafting skills is another important skill set which needs to undergo honing by the aspirants.
Q.Youhaveauthoredabooktitled“PatentAgentExamination:AbookforIndustryprofessionalsandstudents”whichwaspublishedbyLexisNexis.
A. I conceptualized the book during the time I was myself preparing for patent agent examination. It was not an easy task to prepare for it as there did not exist guidance in the form of tutors or reading materials etc.I had no formal legal education and hence, my own preparation for this exam was not a cakewalk as understanding the legal provisions was extremely tough. That’s when the idea of for authoring this book for the convenience of others took birth. It took me around three years to create its contents. I think it took me around a year’s time to get the book into the market- a journey which included stages like establishing a connect with publisher, then book editing, book reviews etc.
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Q. Patent law is perceived to be extremely tough by anyone who doesn’t come from a science background. Is this actually true?
A. I would agree to the notion that a science background really helps in this field. However, the sector is not covered by an exhaustive list of skill sets. Learning patent law tilts towards learning the legal nuances rather that pure science.Therefore, if a person has both science and legal background, then it is a fantastic combination. Science background helps in understanding the inventions very well and legal knowledge helps in protecting the invention with appropriate fencing.
Q. What advice would you give to students who want to specialize in Patent Law?
A. I would advise more first-hand connect with researchers and inventors besides having thorough understanding of the technological developments taking place in different sectors. Plus learning the difference in laws that exists in prominent jurisdiction is also must.
Q. You are heading the IPR division of FICCI. What kind of job responsibilities do you juggle to that effect?
A. Job responsibilities in FICCI are not only challenging but they are equally versatile and interesting. Working in FICCI is synonymous with big canvas of learning.I work very closely with government and industry on advocating for policy reforms so that a conducive environment can be built and worked upon. Enforcement issues such as issues of piracy and counterfeiting captures more of our time. Thus working with enforcement agencies like police and customs is an important area that I lead. Consumer awareness, IP education and capacity building on IPRs is yet another portfolio of mine.
Q. Please elucidate over the litigation aspect of IPR with special reference to Patent.
A. Litigation space in patents especially the ones in pharmaceutical sector has grabbed attention globally. The judgements being pronounced are well elucidated. IPR community is still debating on the appropriateness of judicial pronouncements. Opinions are diverse and are well researched that it has become almost impossible to counter one over the other. I believe answering this questions is not so easy and requires a separate debate altogether.
Q. Three best advices which you would like to share with all budding lawyers (especially those trying to carve a niche for themselves in IPR)
A. I am not a lawyer myself. I do not have a formal legal education like LLB. I am M.Sc. and MBA and have recently submitted my PhD thesis which I am pursuing from NLSIU Bangalore in IPR. But given my experience in legal field, I can say that three best ways to excel in
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IPRwouldbe:
• You must read a lot;• You should be creator of an IP yourself in the form of something as small as an essay or even book writing or an invention. This helps in building trust in IPRs and its fair understanding;• You should maintain first hand connect with industry which is creator of IP. And I would strongly recommend everyone to “know your laws”.
INTERVIEW2:
“There has been a substantial splurge in opportunities in the Intellectual Property domain”, says Meenakshi Khurana, Partner & Patent Attorney of Khurana & Khurana Advocates. The Intellectual Property Rights (IPR) professional explains that with the exponential rise in the number of patent filings a company’s valuation these days is largely based on the value of IPR possessed by the company.
In this series of IPR Professionals’ Interview with Careers360, Meenakshi Khurana, Partner & Patent Attorney, Khurana & Khurana Advocates, shares her experience as an IPR Professional. The Patent attorbey talks about the current scenario of IPR as a career option, challenges of an IPR Professional and also shares some tips to become a successful IPR Professional. Read below the edited excerpts of the interview with the IPR Professional.
Q. How IPR has emerged as a career option over a decade?
Meenakshi Khurana: In India with increasing awareness about Intellectual Property including SME, MSME segment, there has been a substantial splurge in opportunities in Intellectual Property domain.In the current scenario, a company’s valuation is largely based on the value of Intellectual Property Rights (IPR) possessed by the company. There has been an exponential rise in the number of patent filings in our country over a decade. In addition to that, research institutes in the nation including IISc, KIIT, JNCASR, etc, have become pro-active in filing patent applications. It may be worthy here to mention that the highest patent filer in India is CSIR.
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IPRwouldbe:
• You must read a lot;• You should be creator of an IP yourself in the form of something as small as an essay or even book writing or an invention. This helps in building trust in IPRs and its fair understanding;• You should maintain first hand connect with industry which is creator of IP. And I would strongly recommend everyone to “know your laws”.
INTERVIEW2:
“There has been a substantial splurge in opportunities in the Intellectual Property domain”, says Meenakshi Khurana, Partner & Patent Attorney of Khurana & Khurana Advocates. The Intellectual Property Rights (IPR) professional explains that with the exponential rise in the number of patent filings a company’s valuation these days is largely based on the value of IPR possessed by the company.
In this series of IPR Professionals’ Interview with Careers360, Meenakshi Khurana, Partner & Patent Attorney, Khurana & Khurana Advocates, shares her experience as an IPR Professional. The Patent attorbey talks about the current scenario of IPR as a career option, challenges of an IPR Professional and also shares some tips to become a successful IPR Professional. Read below the edited excerpts of the interview with the IPR Professional.
Q. How IPR has emerged as a career option over a decade?
Meenakshi Khurana: In India with increasing awareness about Intellectual Property including SME, MSME segment, there has been a substantial splurge in opportunities in Intellectual Property domain.In the current scenario, a company’s valuation is largely based on the value of Intellectual Property Rights (IPR) possessed by the company. There has been an exponential rise in the number of patent filings in our country over a decade. In addition to that, research institutes in the nation including IISc, KIIT, JNCASR, etc, have become pro-active in filing patent applications. It may be worthy here to mention that the highest patent filer in India is CSIR.
Q. What specific areas can a candidate opt for, whilechoosing IPR as a career option?
Meenakshi Khurana: A candidate interested in IPR can select one or more domain areas based on the background education he/she has.Candidates with non-technical background and possessing a degree in law can go for Trade Mark Litigation and/or Prosecution, whereas, candidates with technical backgrounds can opt in areas of Patent Prosecution, Licensing, and Litigation having designations such as Patent Analyst/Patent Agent/ Patent Engineer/Patent Specialist etc.
Q.WhatkeyqualitiesoneshouldpossessforbecominganIPRprofessional?
Meenakshi Khurana: Professionals having a technical background, for example, Bachelors or Masters in Sciences and Engineering degrees can be trained to work as Patent Analyst/ Patent Engineer, wherein they perform tasks such as conducting various types of patent searches and analytics. If a professional, in addition to a technical degree, is a registered as a Patent Agent as well, he/she performs tasks such as patent drafting, filing, prosecution and opposition at the Indian Patent office in addition to conducting patent searches.In addition, teh area of patents require a lot of reading and strong grasp of various technical fields and, therefore, adaptability to such new fields on a daily basis is a key to growth in the domain.Professionals having only law degrees can be employed as trademark and copyright associates wherein they can take part in registration or litigation or both. Key qualities of course include strong communication and analytical skills, case law research and client counselling. Professionals having degrees both in law and technical are authorized to litigate in both patents and trademarks/copyrights domains.
Q.WhatchallengesanIPRprofessionalmayencounter? Meenakshi Khurana: Key challenges of an IPR professional include capability to go through a very fast learning curve, capability to read literature/laws/cases/precedents, among others.
Q.Whatistheearningpotentialinthisfield?
Meenakshi Khurana: The starting salary of an IPR professional depends on various factors including schools from where the degrees are attained, prior knowledge of IPRs, prior industrial experience, IPR certificate courses pursued and recruiting company. A fresher can typically start from a package of around 3-4 lakhs and can reach 10-12 lakhs after having an experience of 4-6 years.
Q.Whatareyoursuggestionsforaspirantswhoareseekingabreakinthisfield?
Meenakshi Khurana: Aspirants must develop a good command over written and spoken English as every patent specification and legal documents have to be written in perfect English. In pleas and pleadings, expression of thoughts is more important than mere possession of thoughts. Patent professional having a technical degree need to have a strong hold in field of science/engineering else they will not be able to understand, analyze and draft patent specifications which are complex techno-legal documents.
INTERVIEW3:Rajiv Maheshwari speaks on choosing IPR as a career option.In this special interview series, Rajiv Maheshwari, CEO, Anand and Anand share his views on the emerging scenario, challenges and scope of the profession. IPR-Professional-Rajiv-Maheshwari-Interview 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 firm, Anand and Anand. He shares his tips to become a successful IPR professional.
Q.WhatisthecurrentscenarioofchoosingIPRasacareer?Howthescenariohaschanged over a decade?
Rajiv Maheshwari: The economic core of the world has moved in the last century from agriculture to manufacturing to service and finally to the knowledge economy. The field of Intellectual Property Right (IPR) is the key fulcrum of this knowledge economy and certainly one of the most critical professional segments today. The prospects in IPR are only expected to improve as an increasingly higher proportion of the wealth of nations will be concentrated in intangibles.
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Q.WhatkeyqualitiesoneshouldpossessforbecominganIPRprofessional?
Rajiv Maheshwari: The field 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 different skills and offer huge potential for specialization. Q.WhatchallengesanIPRprofessionalencounter?Whatistheearningpotential?
Rajiv Maheshwari: We are living in VUCA times of volatility, uncertainty, complexity 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. Q.WhataretheotherrelatedfieldswhereanIPRpractitionercanfindhimselfapartfromjoininglawfirmsandcorporatehouses?Rajiv Maheshwari: The inherent creative streak in an IPR professional renders them suitable for non-traditional opportunities. They typically find 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.
Q.Whatwouldyou like toadvise theaspirantswhoare seekingabreak in thisfield?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-inventing 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 off 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.
CASE-STUDIES
1. APatentthatChangedanIndustry
In the late 1950s polyacrylonitrile (PAN) carbon-fiber, a material consisting of extremely thin acrylic fibers mostly made out of carbon atoms, was developed at Japan’s former Government Industrial Research Institute, Osaka (GIRIO), which was the Kansai (the mid-western part of Japan) regional branch of the Agency of Industrial Science and Technology (AIST). Although GIRIO no longer exists in name (it was renamed AIST Kansai in 2001), it formed an important part of a Japanese research organization that has been contributing to Japan’s technological advancement since 1876.
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GIRIO was and continues to be under the AIST Kansai name Japan’s second largest research base. Established in 1920 as a public research institution, GIRIO was founded to provide technical guidance to various industries in the Kansai region, especially to small and medium-sized enterprises (SMEs). GIRIO’s early research efforts placed an important emphasis on the textile industry, and as such the development of carbon fiber was of particular interest to the organization. All of GIRIO’s research focused on the central themes of providing products that allow a higher quality of life and ensure public safety and security.
Research and development
The beginnings of carbon fiber polymers of graphite, a pure form of carbon where the atoms are arranged in sheets of hexagonal rings development stretch back to the late nineteenth century, when Thomas Edison carbonized bamboo fibers for use as the filament in an incandescent electric light bulb by shaping and then baking them at high temperatures. These early filaments were extremely inefficient, and tungsten wire, a much more efficient material, soon replaced all carbon filaments in electric light bulbs.Not much thought was put into carbon fiber research and development (R&D) until the 1950s, when Union Carbide Corporation (UCC), a company manufacturing electric light filaments from the United States of America (USA), began investigating a replacement for tungsten wire in light bulbs and vacuum tubes near the end of World War II. UCC successfully developed a form of commercially viable molded carbon, but carbon in fiber form was believed to be nearly impossible to develop due to the extreme difficulty of manufacturing graphite fibers. This all changed in 1956, when UCC started using rayon (a cellulose-based manufactured polymer, like cotton, that became popular in clothing) as the base ingredient for carbon fiber. In 1958, Dr. Roger Bacon, a scientist at UCC, discovered “graphite whiskers” in rayon strands that could be processed into carbon fiber, and this heralded the start of modern carbon fiber development.
While rayon research was developing in the USA, researchers across the Pacific Ocean were creating their own carbon fiber industry based on PAN, a synthetic polymer which was rarely used in commercial applications. PAN had proved to be a difficult polymer to work with, and researchers in the USA had passed it over after unsuccessful attempts at making high module fibers with it. In Japan, GIRIO researchers saw an opportunity where the Americans left off. Ever since its inception, carbon had been one of the mainstays of GIRIO’s R&D activities. Shortly after World War II, its carbon R&D focused on improvements such as increasing the density of carbon products and producing carbon materials for nuclear reactors. In 1952, Dr. Akio Shindo joined GIRIO and was assigned to the carbon R&D division.
At the time he did not think that his research would find any industrial application, but even so his goal was to try to create something that would be useful for society. In April 1959, Dr. Shindo was reading “Machine Design”, a Japanese industrial newspaper, trying to find new and useful information for his research. After working for seven years in the carbon R&D division at GIRIO, one article caught his eye. It described the development of carbon fiber made with rayon by the National Carbon Company of the United States (National Carbon). Intrigued by the potential such a material held, he set out to find a future use for it.
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Dr. Sindo started his research in May 1959, only one month after reading the article on rayon carbon fiber. Early R&D was casual, however it did not take Dr. Shindo long to discover the advantages of a carbon fiber made with PAN. The new material’s excellent chemical and heat resistance properties and non-corrosive nature meant that it could be used as a fireproofing material and also as a filtering material for high temperature gasses and various acids and alkalis. Combined with its strong electrical conductivity, he also realized that it could be used as an infrared radiator or vacuum tube filament. The fibrous, flexible nature of the material also meant that it could be used in a variety of electrical equipment.
Initially under the “ordinary” R&D category and thus a recipient of limited funds, a few months into his research project was re-categorized as “special” due to promising early results. This brought an influx of desperately needed funding from GIRIO, and the project was expanded. During this time the R&D team grew to between six and ten full time researchers, in addition to other support staff. By September 1959, Dr. Shindo had successfully developed the process to create PAN carbon fiber.
Before the development of this process, industries and governments in many countries recognized that a carbon fiber material would have a multitude of practical applications. However, research projects throughout the 1940s and 1950s in Europe and North America could only make molded products from carbon or graphite, and a product in carbon form was still out of reach. The discovery of rayon as a raw material for carbon fiber generated enthusiasm and promise, but in reality it turned out to be very inefficient, as the carbon yield from rayon is less than 20%. PAN based carbon fiber introduced a completely different dimension to carbon fiber production, as Dr. Shindo’s process generated a product with a carbon yield of between 50 and 60%. In addition to its more efficient carbon yield, carbon fiber made with PAN is easier to produce than carbon fiber made with rayon.
A significant advantage of PAN carbon fiber is that it is not limited to a two dimensional shape, but it can be formed into various three dimensional shapes and still retain its valuable properties such as its tensile strength and heat resistance. While the first carbon fiber products were made with rayon, PAN quickly replaced it, with rayon now accounting for less than 10% of all manufactured carbon fibers. The superior qualities of PAN carbon fiber mean that it is suitable for a wide range of uses, such as in military and commercial aircraft bodies and parts, space industry structures, lithium batteries, sporting goods and structural reinforcement materials for the construction industry, among others. The vast number of applications that PAN carbon fiber brought helped the carbon fiber industry explode in the 1970s, and Dr. Shindo’s process has made possible applications once thought impossible.
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Invention
The culmination of Dr. Shindo’s research was the development of a process to use PAN as a precursor – the fundamental ingredient – for carbon fiber. Dr. Shindo discovered that PAN has prodigious thermal stability. This stability means that PAN can retain a high percent of carbon in its composition after carbonization, and the resulting fibrous product is stronger, more flexible and has better heat resistance than any other form of carbon fiber. With this in mind, he invented a process to use PAN as a precursor for carbon fiber.
Dr. Shindo’s process involves a few important steps. First, pure, polymerized PAN free of contamination is combined with other plastic resins and then spun together into fibers. Before carbonization, the fibers need to be stabilized, which is done by heating them to 250°C for 30 – 120 minutes. They are then brought to a temperature of approximately 1,000°C for a few minutes, which results in carbonization. After carbonization, the PAN fibers are turned into graphite (highly crystallized carbon) by releasing the nitrogen and hydrogen in them as ammonia and hydrocyanic acid. The result is a graphitized carbon product that is in a fibrous form. An important expansion on this process was Dr. Shindo’s discovery that a higher quality PAN carbon fiber could be achieved if the heating process is done not in an enclosed furnace, but in an environment exposed to air.
Additionally, PAN carbon fiber contributed to later inventions and subsequent patents in other countries, including an improved technology developed by the Royal Aircraft Establishment in the United Kingdom that was patented in 1963 and successfully licensed to companies including Rolls-Royce, Morgan Crucible, and Courtaulds (London School of Economics, 2012).
IPmanagement
At the time of Dr. Shindo’s invention, GIRIO had no concrete approach towards patenting in place. However, things took on a more substantial shape when Mr. Tadashi Sengoku became GIRIO Director General in August 1958. Mr. Sengoku placed an emphasis on the importance of intellectual property rights (IPRs), and as such the number of patent applications coming out of GIRIO research projects started to increase.When determining which inventions to patent, the policy of GIRIO was based on a number of important factors. First, individual researchers had a great degree of autonomy in determining their research projects and whether or not they would seek intellectual property (IP) protection. At the time of PAN carbon fiber’s development, Japan was still reeling from the aftermath of World War II. The Japanese government, national institutions and scientific community were therefore determined to put their talents to use to help Japan’s economy grow and make the country competitive in international markets. Researchers like Dr. Shindo were therefore very focused on developing inventions that could be turned into useful products and transferred to companies for commercialization, thereby stimulating the Japanese economy, raising the quality of life and increasing Japan’s worldwide reach.
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These were Dr. Shindo’s primary considerations when he first discovered that PAN could be used as a carbon fiber precursor. His considerations were also in line with the general overarching research strategy at GIRIO, and while any IP protection still required managerial approval, it was generally given when an invention with as far-reaching effects as PAN carbon fiber was developed. As was the case for the research of PAN carbon fiber, the evaluation of the invention and decision to seek IP protection was driven by the desire to create a useful product, the sound judgment of managers and Dr. Shindo’s research group, and GIRIO’s policy at the time of securing patents for those inventions that have industrial application. Because Dr. Shindo’s invention was a new process that had vast commercial implications, both GIRIO and Dr. Shindo recognized that a patent application was essential. This would allow the technology to be licensed, which would create market competition and foster national economic growth.
Patent
Taking into consideration GIRIO’s goals and IP management structures at the time, Dr. Shindo took the initiative to file a domestic patent application for his PAN carbon fiber process in September 1959 with the Japan Patent Office (JPO) and also internationally. The patent helped GIRIO achieve its goals in a multitude of ways. First, patenting it meant that the technology would be disclosed to the public, which would pique the interest of companies and give GIRIO a wide range of choices when it came to which one(s) it wanted to work with. It also got companies thinking about new kinds of R&D and products that they could create. Second, securing a patent gave GIRIO the ability to undertake an official technology transfer with the chosen company. This would not only bring in additional R&D revenue through licensing, but it also would allow Dr. Shindo and other researchers to work closely with the licensee’s in-house researchers, bringing with it access to aspects of their R&D infrastructure.
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Licensing
At the time PAN carbon fiber was developed, GIRIO had no official commercialization, licensing or technology transfer policies in place, though it worked under a general theme of promotion of industrial technology through R&D. Many companies started to establish their own research laboratories and capitalized on the often free and informal information exchange channels available at GIRIO to try and get new ideas for new products. This casual technology transfer climate fostered an abundance of commercial interest in GIRIO’s research. Recognizing the need for some form of official technology transfer body, in 1961 GIRIO established a Technological Consultation Office (TCO), which provided technical assistance and consultations to companies wishing to commercialize various R&D projects. With GIRIO’s official absorption into pre-2001 AIST in 1967, the former took on the latter’s policies of fostering and promoting technology transfers. This organizational change gave GIRIO a significant boost in facilitating the commercialization of more technologies.
When it came to doing so, GIRIO was faced with a number of options. It could have started up a new company, created an official spin-off, or license it to an already exiting company. Because the goal of GIRIO, Dr. Shindo and other researchers was to turn their R&D efforts into products with real world application that would help stimulate the Japanese economy, by transferring the technology through licensing agreements with already established companies was viewed as the better option.Around the time Dr. Shindo was working on PAN carbon fiber, Tokai Electrode and Nippon Carbon were also working on developing carbon fiber products. Both companies had a significant amount of experience in carbon fiber and were excited about the opportunities that PAN carbon fiber brought. Both companies approached the TCO and GIRIO transferred the PAN carbon fiber technology by granting them non-exclusive licenses to the patent that was granted in 1959.
Unfortunately for Tokai Electrode and Nippon Carbon, their venture into PAN carbon fiber development was not as immediately successful as they had hoped. While both companies had significant experience in carbon fiber, neither had the capabilities to manufacture PAN yarn, which was essential. At the same time, Toray Industries (Toray), then Japan’s largest manufacturer of synthetic fibers, also became interested in PAN carbon fiber technology. In 1961 Toray opened up a new carbon fiber research and manufacturing facility and by 1962 it was researching new uses for various kinds of carbon fiber.
Toray had the manufacturing capabilities that Tokai Electrode and Nippon Carbon lacked, and as a result in 1970 it also entered into a licensing agreement for the PAN carbon fiber process with GIRIO. Aware of the progress that Tokai Electrode and Nippon Carbon had made, Toray negotiated a deal with the two companies in which the results of their additional R&D into commercializing PAN carbon fiber would be sold to Toray in exchange for royalties.
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Commercialization
Toray’s business plan was to become the worldwide leader in PAN carbon fiber by capitalizing on licensing the technology from GIRIO, developing its own improvements, and cross-licensing manufacturing capabilities with UCC. In the early days of carbon fiber, the material was mainly used in military applications, mostly because of its strength, heat resistance and anti-corrosive properties. Toray had to figure out how to transform the product into one that had wider commercial application. The commercial aerospace industry quickly recognized the benefits of such a strong material, and PAN carbon fiber became a mainstay in the industry. Toray tried to diversify its product range by developing products such as ballistic vests, mooring ropes, fishing lines and protective gloves.
During these early years, Toray focused on streamlining the manufacturing process and producing the highest quality PAN carbon fiber possible. This all changed in October 1972, when Gay Brewer, a professional golfer from the USA, won the Taiheiyo Club Masters, one of the most prestigious golf tournaments in Japan at the time. It was widely reported in the press that Mr. Brewer’s clubs were made of carbon fiber shafts made by American startup Aldila. Articles in the press argued that these special carbon fiber golf club shafts gave Mr. Brewer a strong advantage that led to his success. This started a boom in carbon fiber based products, and Toray capitalized on it by launching a PAN carbon fiber golf club shaft manufacturing initiative in 1973. Between 1973 and 1974 demand for PAN carbon fiber increased rapidly, and Toray’s five ton per month factory was at full capacity. By the end of 1974, Toray was manufacturing 13 tons of PAN carbon fiber per month, and the company had expanded its product line to other sports equipment such as tennis rackets and fishing rods. The company had thus firmly established itself as the world’s leading supplier of high quality PAN carbon fiber.
Business results
The technology transfer of PAN carbon fiber propelled Toray and Japan to the forefront of the worldwide carbon fiber industry. Toray became one of the world’s largest commercial suppliers of carbon fiber, and has experienced consistent growth in the carbon fiber industry for over three decades. In 2011, Toray’s carbon fiber division accounted for over 4% of the company’s net sales of over US$ 19 billion. Toray has five carbon fiber manufacturing facilities, of which two are in Japan, two are in the USA and one is in France, with a total production capacity of over 17,000 tons of PAN and other carbon fibers per year.Transferring the PAN carbon fiber process through licensing was not only been beneficial to Toray, but also to other companies and the Japanese economy as a whole. With the decline of rayon based carbon fibers and the superiority of PAN carbon fibers proven, PAN-based carbon fiber is now the primary form used in nearly all carbon fiber applications. Japanese companies such as Toray, Mitsubishi Rayon Co., Ltd., and Toho Tenax Co., Ltd. supply approximately 80% of the world’s carbon fiber supply. The market is expanding at approximately 15 % per year, and demand for PAN-based carbon fiber in new products is higher than ever before. The financial success of the technology transfer of PAN carbon fiber helped Japan grow into a worldwide industry leader, and played a part in the revival of the Japanese economy in the 1970s and 1980s.
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2. AnIPStrategyforSuccess
Working as an engineer in the research and development (R&D) laboratory of Gran Tierra Energy Inc. in 1979, Perantonio Salvador quickly realized the enormous potential of internal R&D in the emerging computer science and electronic technology industries. Recognizing that small and medium enterprises (SMEs) generally lacked the resources for internal R&D in these fields, he founded Eidon Ricerca Sviluppo Documentazione S.P.A. (Eidon), a private and independent engineering and contract research company in northeastern Italy, to provide cutting edge technological support for product and process innovation.
Acknowledged by the Italian Ministry of University and Research (MIUR) as a highly qualified laboratory in the fields of information and electronic technologies, Eidon was one of the first centers in Italy to provide other companies with innovation through R&D outsourcing. Eidon’s philosophy is to link basic and applied research with industrial implementation to offer the widest possible set of reliable and flexible solutions and applications. Eidon achieves this through the design, development, installation and servicing of software and systems for industrial processes as well as automation and information technology (IT) integration in organizational processes (ISO9001 certified).
Eidon’s primary specialization is in the design, implementation and integration of vision systems for industrial automation and laboratory instrumentation. However, it also has significant consolidated skills and know-how in other technological areas such as the control and monitoring of industrial processes, internet/intranet software and technology and systems engineering.
ResearchandDevelopment
The core of Eidon’s business is its R&D activities, which are always project-specific. Through feasibility testing, technical and cost-effective analysis, high performance and speedy implementation and adaptation of existing solutions to solve problems, Eidon has become a one-stop-shop for their customers’ software and system R&D needs.
The rapid technological evolution and dynamic, competitive environment of applied research in the information and communication technology (ICT) sector means that the number of problems customers bring to Eidon is always higher than the number of technological solutions available. Considered crucial to its success, Eidon constantly monitors technological changes and advancements that could be critical for its competitiveness through an informal group of professionals.The monitoring includes studies and informal surveys to identify competitors and is carried out using the internet with “human” filtering, consultation of specialized press, participation in conferences and workshops at the national and international level, cooperation with universities and other research centers, visits and market analysis, and to a lesser extent the use of patent databases and the acquisition of reports from information providers.
Confidentialinformation
Maintaining business and research information confidential between Eidon and its clients ensures that third parties will not have access to any trade secrets or new intellectual property (IP) that may result from the research contract. This diminishes the risks of infringement and early disclosure of new technologies.
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IPManagement
Being a research outsourcing firm, Eidon is often faced with the dilemma of how to manage new IP obtained through its contracts while at the same time taking into account the requirements of its customers. Often the interests of customers and R&D centers do not converge when it comes to patentable knowledge created within a project. The customer wants the exclusive right of exploitation, while the R&D organization wants to use the acquired knowledge for further development. Acknowledging this dilemma, Eidon has adopted a compromise strategy that uses an interesting mix of different IP tools, which reflects the complexity of its contract research activities. Combined with maintaining the integrity of confidential information, this strategy safeguards the core interests of both sides and is based on the following elements:
RecognitionofEidon’sIntellectualpropertyrights(IPRs)in basic technology
The recognition of Eidon’s IPRs in the basic technology employed through the course of a contract allows Eidon to use IP acquired through research to develop new technologies and solutions and use them for other R&D projects. This enables Eidon to provide its customers with the widest possible solutions in the shortest possible time, helping it to maintain its competitive edge.
Trademarks
Since its founding, Eidon has used trademark protection to create a solid corporate identity and a strong external image. A trademark application has been registered for Eidon’s name and logo in Italy with the Ufficio Italiano Brevetti e Marchi (UIBM).To date, the company has not used trademarks to protect personalized products or platforms when providing complex systems and original solutions developed ad hoc for its customers. However, the firm does not exclude the use of this IP tool for future activities, in particular in relation to software programs.An Eidon patent to detect manmade fibers and/or other foreign materials in the processing of silk waste (EPO application No. EP0545129)
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Patents
Eidon has filed patent applications in many countries with the European Patent Office (EPO) in many countries with the to protect original systems resulting from different R&D contracts carried out in cooperation with industrial partners in the following industrial sectors: brick industry, ceramics, chemical/petrochemical, food, pharmaceutics, marble processing, screen printing sector, tanning, textile, wine treatment, wood, metal industry and mechanics. The application process is carried out with the advice of external legal experts, who are responsible for the correct implementation of the different IP protection tools chosen.Eidon regards patenting as being very important for innovative, high-technology solutions. However, in the case of incremental innovations, when time-to-market becomes more critical than technology issues, it considers that patenting is not advantageous. Eidon believes that this can result in the early disclosure of strategic information which is easily accessible to third parties, who can opportunely improve the innovation, thus making the patent protection worthless. Therefore, when software intensive solutions are involved, Eidon relies on copyright protection.
Copyright
Eidon’s original software is protected by copyright. Access rights to software, based normally on an exclusive license model, do not usually include access to the source code, which may be granted only in exceptional cases and can be made subject to separate agreements. Other software intensive solutions are also protected by copyright.
Partnerships
Eidon’s activities are usually carried out either internally or in cooperation with universities and other research centers and partners. As a laboratory recognized by the MIUR, it can provide its customers with access to nationally and regionally funded research and technological development assets. Eidon has also been involved in research and technology transfer programs promoted by the European Union for many years. Its network of partnerships with universities, research centers and private companies across Europe are valuable resources to its operations and customers. Eidon also utilizes this network to work with its partners and provide consultancy and research services to support innovation and technological development in regional SMEs.
Business Results
Through its IP management strategy, Eidon has been able to expand into a leading and respected engineering contract research company in Italy with global reach. Starting out small, Eidon now has developed more than 250 nationally funded research contracts and over a dozen European research and technology transfers in over thirty different manufacturing sectors. Eidon has continually built on its prior successes, using IP gained through R&D contracts to offer clients advanced solutions while creating a strong market position for itself.
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GrowththroughaStrongIPStrategy
Eidon is an excellent example of using a strong IP strategy to facilitate growth. Through its research, Eidon can acquire IP rights to technologies that it may not have had access to without customer contracts. New IP can then be used to access new markets, through which Eidon can have the opportunity to secure new contracts and subsequently develop new technologies and IP. Eidon’s solution also brings with it many cross-licensing opportunities with its customers. All of these advantages provide solutions for customers while giving Eidon new tools with which to carry out research and development, create better solutions, attract new contracts and maintain its position as a leading developer of software and systems.
3. IntellectualPropertyandR&D:APathtoSuccess
BackgroundFounded in 1999 by Fernando Kreutz, a medical doctor with a Ph.D. in biotechnology, FK Biotecnologia S.A. (FKB) has spearheaded the development of immunological tests in Brazil. FKB was established in the Foundation for Science and Technology (CIENTEC), a technology incubator linked to the Department of Science and Technology of the state of Rio Grande do Sul in southern Brazil, and became the first Brazilian biotechnology firm to receive venture capital for the development of its innovative technologies. Since then, FKB has grown at a steady pace and is considered a pioneering example of a successful biotech start-up in Brazil. FKB’s goal is to research, develop, manufacture and market biotechnology products, specifically focusing on immunodiagnostic kits and anticancer vaccines
ResearchandDevelopment
Research and development (R&D) is at the heart of FKB’s innovation, and one of the pillars of its technology is its research into the large scale production and purification of monoclonal antibodies and immunodiagnostics. Its know-how and technological expertise in these areas has given it an edge in the international market, providing various R&D services in biotechnology.However, its most important technological development has been in the field of vaccines for cancer. FKB has developed a new and experimental vaccine composed of cancer cells, which act as medical treatment as they are capable of stimulating the immunological system to fight cancer. While Dr. Kreutz says that the treatment is experimental and believes that commercialization is still some time in the future, it is currently undergoing preclinical studies for therapeutic and diagnostic applications.
PatentInformation
Beyond traditional research methods, FKB utilizes information from patent databases to fill the knowledge gap that it feels many other research institutions are missing. “I am very surprised with the amount of knowledge I am getting from patent documents” Fernando Kreutz points out. “Knowing the legislation and regulations has been a differential for my company. Access to the information has been my biggest problem, but with the Internet things have become easier.” FKB relies significantly on patent information for identifying new technologies, niche markets and potential licensors from which to acquire leading technologies.
PatentsandTrademarks
For a biotechnology company such as FKB, patent protection has been an important element of their success. The new cancer vaccine that FKB developed has been the object of an international patent application under the Patent Cooperation Treaty (PCT). FKB believes that patent application has played a crucial role in motivating investors, governmental entities and venture capitalists to invest in FKB, and the exclusive rights granted by patents has been the basis for more investment in the development of the new vaccine and other technologies.FKB has invested in registering its trademarks FK-Biotecnologia® and Bioprospecta® and considers them a small but important investment, crucial for the development of the company’s marketing strategy.
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Commercialization
In May 2001, FKB received authorization from the Health Ministry to begin the commercialization of its immunodiagnostics kits. Marketing its products at extremely competitive prices, FKB’s technology penetrated a market estimated to amount to US$1 billion. New technologies continue to be commercialized, the latest of which is FKB’s new self-pregnancy test, which received the endorsement of the National Sanitary Surveillance Agency and went into production in the first half of 2010. Growing through successes such as this, FKB’s product line currently comprises of over seventy items.
Financing
Though FKB’s enterprise is high-risk to an extent, promising results from its R&D and clinical trials have brought in significant investment, attracting R$625,000 in venture capital. The principal investor in FKB is Companhia Riograndense de Participações (CRP), a private venture capital and equity fund which includes investors such as the Inter-American Development Bank, BNDESPAR (the holding company for the Brazilian National Bank for Economic and Social Development), SEBRAE (the Service for Brazilian Small Businesses and Enterprises), and other private investors. CRP manages three major funds targeting investments in the technological field and FKB is an example of a successful CRP investment.
In addition, FKB has received investment from an unnamed Canadian venture capital investor and has received the support of the Venture Capital Innovation Project, an organization fostering venture capital activity in Brazil to encourage the empowerment of emerging Brazilian entrepreneurs and technology companies.
Partnerships
FKB works through a cooperation agreement with the Federal University of Rio Grande do Sul, which allows FKB to utilize the university’s R&D facilities, laboratories and other infrastructure. Moreover, FKB is supported by CIENTEC and has international partners in North America and Europe. One such partnership happened in 2008, when FKB established a joint venture with the Canadian company SpectraDigital to develop new diagnostic technology for AIDS patients.
Business Results
Since its founding, FKB has used its innovative and talented R&D department to successfully create and market new biotechnologies in Brazil. Its unique use of conventional R&D and the smart utilization of patent databases has given FKB the knowledge to identify where new technologies can be used, attract investment and develop products for niche and emerging markets. Expanding on their success of revolutionizing the industry of immunodiagnostic kits, FKB’s line of cutting-edge products now includes proprietary technology in immunodiagnostics, biosensors, nanotechnology, recombinant proteins, bio-insecticides, monoclonal antibodies and the innovative anti-cancer autologous vaccine. This has transformed FKB into a leading biotechnology firm in Brazil.
GrowththroughCreativeR&DandIP
The success of FKB is inexplicably linked to its creative use of R&D and IP. Its innovative technologies and smart use of patent information in its R&D have fostered investor confidence, giving FKB the resources to commercialize their products, carry out further R&D and become a major player in the industry. Not content to rest on their past successes, FKB has filled a knowledge gap through their use of patent databases in R&D, which has given them an edge on their competitors in bringing new technologies to the market. On its path to success, smart use of intellectual property has perhaps been one of FKB’s most important moves.
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