The Law side of things

Four Centuries after the onset of the scientific revolution at the end of the Renaissance era of the 17th Century, society was ready to reap the economic fruit thereof. The principles of that clockwork which was so meticulously unravelled in order to become understood was then applied to create novel motors powered by those same gears and springs. This is called engineering. Engineering is not only derived from the spheres of physics but also increasingly more from that of biology or natural sciences. Such biological engineering where living organisms and bioprocesses are applied to create an output of economic value is referred to as biotechnology.

It is generally accepted that the first biotech inventions gave rise to the field of zymotechnology (industrial fermentation) which lead to large scale beer production in the 1800’s. This paved the way for the numerous ground-braking biotech inventions which saw the light especially late in the 20th Century. The most significantly influenced disciplines are agriculture, drug development and medicinal treatments, food processing, biofuel development and more recently nature conservation and sustainable development. A comprehensive time line illustrating the development of biotechnology can be found at http://www.quincy.ca/timelines/t_biotech.html as adopted from the article titled “Landmark Discoveries in Biotechnology” (American Biotechnology Laboratory (ABL), March 2001, pp. 22 and 24) by Dr. Rathin C. Das, Editor, molecular biology and biopharmaceuticals, American Biotechnology Laboratory.

Inventions of biotechnological nature can be patented and thus are regarded as intellectual property which is under the protection of specific laws. Thus biotechnology gave rise to the field of Biotech Patent Law which is predominantly occupied with the issuing and protection of rights involving biotech intellectual property. I am interested in the field of biotech patent law and by taking additional LLB modules while completing my MSc project I’m able to work towards a qualification that will enable me to one day practise as a patent attorney. The path that has to be followed in order to obtain such qualifications is long and tedious and strict requirements are to be met. Even though technically a three year BSc degree or national diploma is regarded as a sufficient technical qualification in life sciences, a postgraduate degree(s) is of incredible value and almost regarded too as a requirement.  Furthermore a four year LLB degree is to be obtained and before practising as a patent attorney, a prospective candidate must complete a two year period of articles with a law firm as a candidate patent attorney, as well as pass the attorney’s admission examination administered by the Law Society; and complete a two-year training course in Patent Law and Practice and pass the first and second year examinations (administered by the Patent Examination Board).  

I find my MSc project playing a particularly beneficial role in the process of becoming a biotech patent attorney not only because it involves modern research strategies aimed at providing solutions to the needs of the relevant industry but also because it involves a number of possible patents that might arise from such research. To be directly involved in such a process of planning and executing scientific techniques that will provide data for meeting the requirements of obtaining patent rights is wonderful privilege. Numerous other skills arise as by-products of a postgraduate degree: Attention to detail, analytical reasoning and communication skills to name just a few. Furthermore a better in-depth understanding is obtained of not only the relevant field of research but also other related fields through seminars, forums, conferences and other networking opportunities.

I look forward to the day when I may disclose those aspects of my MSc project which have been patented and which hopefully find useful application within the specific agricultural industry. To explain the research methodology and processes involved and out of an attorney’s point of view the laws that protect the intellectual property thereof would be a glorious achievement.

“If you have enthusiasm, you have a very dynamic, effective companion to travel with you on the road to Somewhere.”   Loretta Young

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