COMMUNICATIONS/LEGAL - PATENT AGENT 14 Patent Agent COMMUNICATIONS/LEGAL Helping clients obtain patents for food-related inventions. Let’s say you came up with a novel way to bake cookies. For example, finding a way to bake cookies in one minute without them being underbaked or unsafe to consume. Although this might be science fiction, imagine for a minute that it was possible. You were able to design the equipment and it proved to be successful. Wouldn’t you be worried that someone would steal your idea? One way you could avoid this happening is by filing a patent. A patent according to the World Intellectual Property Organization is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. If you’re not in the legal space, the patent process could be lengthy or confusing. Many small businesses hire outside consultants to assist them in the process. However, larger companies that file for multiple patents per year may hire a full-time patent agent to help them with the patent process. Food patent agents help organizations protect their intellectual property and encourage innovation in the industry. 1. Food Patent Agents File Patents A food patent agent handles intellectual property affairs for a company relating to patents. All companies have some sort of intangible assets which includes trademarks, copyrights, industrial designs and patents. Typically, food manufactures will apply for food patents, which cover products and food-related processes and compositions. For example, a patent agent may be hired by a plant-based meat company to submit a patent for a unique plant-based tuna. Filing a patent is a multi-step process in which the agent goes through the steps of conducting research, submitting applications, providing guidance and processing patent fees. Patent agents have an extensive understanding of the law and patent system. Food patent agents help companies through the patent process, which includes conducting research, completing applications, providing guidance and assessing patent applications. When submitting applications, they use detailed technical, engineering, and scientific descriptions of inventions. As well they ensure that precise language and proper formats are being used. Their expertise comes in handy when even the differences between i.e., and e.g., are important for an application! Additionally, patent agents are responsible for advising clients on their rights. Patents only cover a certain set of circumstances, so patent owners need to know what they entail. Furthermore, knowing their rights allows them to assess if there is patent infringement by another company. If this is the case, they have the opportunity to sue. However, if a patent agent is to represent the organization in court, they must be a patent attorney. In Canada a patent attorney (who are also patent agents) are licensed lawyers while patent agents only have to pass the Patent Bar Exam. As well, they will advise and represent the organization on legal issues concerning patent matters. Finally, a patent agent will aid in the development of new technologies and products. As part of their research agents will dive deep into the patent databases to determine if there are gaps in knowledge. Through this process they may determine opportunities for potential research routes. 2. Food Patent Agents Draft Patents You can’t patent a recipe, but you can patent an edible product (e.g., a new and clever food combination) or a food-related process (e.g., manufacturing equipment or cooking method). Patents are government-granted monopolies that provide the patent owner with exclusive Patent Agent Helping clients obtain patents for foodrelated inventions Photo by Antoni Shkraba/pexels.com Photo by kasto/stock.adobe.com
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