COMMUNICATIONS/LEGAL - PATENT AGENT COMMUNICATIONS/LEGAL - PATENT AGENT 15 16 rights to a process. It’s typically 20 years from the original filing date. Patent agents help companies with the strenuous process of filing for patents. The language used in patent applications and claims is carefully crafted. For example, the difference between “i.e.” and “e.g.” comes up in parenthetical differences. There is a difference, so a single word can change the entire meaning of a patent! Patent agents help clients figure out the exact extent of what their patents covers. 3. Food Patent Agents Have Specialized Degrees It’s a requirement that patent agents have a degree related to the field they will be practicing in. For example, a chemistry patent agent must have an undergraduate degree related to the field of chemistry. In the case of food patent agents, they typically have undergraduate degrees in chemistry, food science, chemical engineering, agricultural science, materials science, biochemistry or a related field. Many also have advanced-level degrees, such as a master’s or doctoral degree. The courses taught during these programs help agents to better understand scientific inventions, as the courses teach the fundamentals of science. Through this understanding, a patent agent is able to identify if an invention is novel enough to patent. It should be noted that a law degree is required to be a patent attorney but not a patent agent. After their technical degree a patent agent must pass the Patent Bar Exam. For more information on how to become a patent agent in Canada please refer to the College of Patent Agents and Trademark Agents. 4. Food Patent Agents Generally Work for Larger Companies Patent agents typically work for larger companies as they have enough innovative research being performed to warrant hiring a patent agent full time. For example, larger agricultural companies that work on bioengineering or crop science might hire a fulltime food patent agent to assist them in filing patents on new modified crops. Due to limitation in funds it’s more likely that a smaller company will hire a patent agent for consulting. These agents are usually part of a law firm or company that assists in an array of legal offerings. 5. Food Patent Agents Monitor the Competition The food and beverage industry across the world is competitive and rapidly changing. That’s why food patent agents help companies to monitor and keep an eye on their competition. First, they assess their own company’s assets to see if there is an opportunity to patent something. They will investigate a company’s innovations and patent assets, as patent details must be publicly disclosed. The agent might notice that a competitor has developed a unique piece of processing equipment used to bake cookies. Without copying their idea directly, the patent agent could advise R&D on potential new opportunities. Alternatively, when a patent is filed it must be publicly disclosed to the patent office. This allows everyone to look into the details including competitors. Therefore, companies need to be strategic in what they patent. Patent agents help them to strategize what should and shouldn’t be patented. 6. Food Patent Agents Educate and Train Employees on IP Law What is the difference between a trademark and a patent? For many the answer is unclear. That’s why it is up to patent agents to come in and assist in training employees on Intellectual Property Law. Food patent agents help to create organizational awareness on how to handle, secure and protect IP within a company. For example, they might help create guidelines that require employees to enter a clause where they cannot speak about a certain product outside of work. If they do, the company has the potential to sue. This is why you might be required to sign non-disclosure clauses when you are hired for a new position. Overall, they assist employees in knowing the legal scope of the patent when it is granted. As well, keep them up to date with legal developments in the intellectual property field and if those affect the patent owner. 7. Food Patent Agents Have an Understanding of Technological and Scientific Principles As mentioned before patent agents need to have an academic background in the patents they are representing. Patents cover new technologies and scientific discoveries. Because the knowledge is specialized and niche the food patent agent has to have a thorough understanding of scientific knowledge. Therefore, a patent agent continuously learns throughout their career. They keep up with new patents coming out and the newest research being released in the field. A good way for them to assess their understanding of these principles is by assessing how well they can express highly technical terms in simple language. 8. Food Patent Agents Pay Attention to Details, See the Big Picture and are Diligent Being a patent agent requires a wide range of skills. However, there are a few that are more essential than others. Important patent agent skills include: • Attention to Detail - Details matter, especially when it comes to being a patent agent. When filing a patent one needs to pay attention to using the correct word, phrase or definition. It has to be exhaustive, unambiguous and indisputable. If you don’t like spending time focusing on the details than this career might not be for you. • To See the Big Picture – In addition to looking at details, a patent agent also needs to be able to step back and see the bigger picture. Are there other things that could be done as an alternative to filing a patent? How does the company step aside from a legal problem? These are questions that patent agents ask when performing their work. • Diligence – When it comes to patents and legal proceedings, they require accurate monitoring of legal deadlines. They have to be effective at following deadlines and ensuring that they don’t miss them. There are many strict deadlines coming from both the company and the place that they work at. The University of Guelph is an Education Partner of ours, check them out on FoodGrads! Click their logo below! Available Programs: Chemistry, Food Science, Agricultural Science, Engineering University of Guelph An idea doesn’t need to make sense for a patent to be issued. See for yourself some of the craziest food patents dating back to 1935! 1. Stove Attachment for Automobiles This patent was filed so you could attach a stove and fuel to the running board of a vehicle. Sounds like a fun time... not! 2. Sandwich filling device Have you ever wished you could fill up a hot dog with your favorite filling? All you need is a bulky metal contraption to do so! Maybe we should stick to adding the topping on well the top... 3. Cola flavour bread spread If you love cola, then we have a patent for you! This invention was for a bread spread that contained cola flavouring. It could become the next rival to hazelnut spread!
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