W HAT IS PATENT ? A patent is an exclusive right granted to a person who has invented a new and useful product or process (eg: High-power argon/nitrogen transfer laser invented by Bhaumik Mani L., Sir Abrahim Lincoln received a patent for flotation device) The exclusive right is territorial ( i.e patent granted in India is valid in India only) and for limited period ( i.e 20 years) During the term of the patent, the patentee (i.e owner of patent) can exclude others from making, using, offering for sale, or selling their invention throughout the territory (i.e India for Indian patent) or importing their invention into that territory Patentee can sell, assign, and license to others to use or exploit his patent
W HY PATENT ? o To Prevent Free rider oTo stimulate technical progress by encouraging research and development o Patent promotes creation of new product and process, industry encouraged to manufacture new and better products and an expansion of industry based upon inventions take place. Thus employment, national wealth and higher living standard are created (source: Ayyangar’s report (1959))"The patent system adds the fuel of interest to the fireof genius„…Abraham Lincoln
W HAT CAN BE PATENTED ? An invention relating to a new product or process that is Novel (i.e subject matter has not fallen in the public domain or that it does not form part of the state of art) Involving an inventive step (i.efeature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both that makes the invention not obvious to a person skilled in the art) Capable of industrial application
W HAT CANNOT BE PATENTED IN I NDIA ? A mere of a scientific principle or the formulation of abstract theory ‘the mere discovery of a scientific principle’, ‘topography of integrated circuits’, etc. A method of agriculture A mathematical or business method or a computer program per se or algorithm For further information, visit: http://ipindia.nic.in/ipr/patent/patact1970-3- 99.html#chap2
PROCEDURE Patent Application filed at appropriate Patent Office Publication after 18th Month or Express Request for Publication if any within 18 months from date of filing) Opposition No Opposition or opposition in favor of applicant Request for Examination Substantive Examination FER Meet objection against FER Refused Accepted Notified in Official Gadget Appeal to Apple ate Board Opposition No Opposition or opposition inAccepted Rejected Granted favour of applicant
H OW TO G ET PATENT IN I NDIA F ROM IIT-K HARAGPUR ? Invent new product or process Do prior art search to prove the novelty and non obviousness of invention Complete the invention disclosure form and submit the same to IP cell (i.e Prof. in-charge IPR) IP cell will review and asked for presentation If approved IP cell will recommend for filing patent application Patent application is filed through registered patent agent
USP OF THE D RIVE LEGAL ASSISTANCE : Search and invention disclosure form – by RGSOIPL Final draft and filing – by a registered law firm PROCEDURAL ASSISTANCE : By the facilitation team comprising of professors, TTG members and volunteers from RGSOIPL FINANCIAL ASSISTANCE (of the eligible applications) : By SRIC, IIT Kharagpur
S UCCESS S TORIES OF K GPIANS Prof. S. K. Guha ( SMST, Alumnus of Elec. Engg. ) Indigenously developed non-hormonal polymer based inject able male contraceptive (RISUG) for which the Final Phase-III Clinical trials are underway; Has more then 100 research papers Prof. S. De ( Dept. of Chemical Engineering) Owns 6 patents; Recipient of DAE-SRC Outstanding Investigator Award (2012) and Shanti Swarup Bhatnagar Prize (2011) Dr. Biswadip Mitra ( Distinguished Alumnus, E&ECE) President and MD, Texas Instruments; Co-inventor of a crucial patent in medical imaging; Chair of several International Committees and Conferences Dr. Mani L. Bhaumick (an alumnus of IIT Kharagpur) who invented the vision correction laser technology and also won the Padma Shri in 2011.