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Intellectual property awareness at cbit

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awareness on intellectual property and its use for every one

awareness on intellectual property and its use for every one

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  • 1. Intellectual Property Rights Dr.N.V.Srinivasulu
  • 2. OUTLINE INTRODUCTION WHAT IS AN INVENTION PATENTS CASE STUDIES SOME FACTS FORWARD PATH
  • 3. INTRODUCTIONNecessity is the mother of Invention A famous coatLINCOLN QUOTES:“ The patent system added the fuel of interest to fire of genius.”
  • 4. WHAT IS AN INVENTION?18.1.2012 4
  • 5. WHAT IS AN INVENTION Invention is a new product or process that solves a technical problem This is different from Discovery which means something that already existed but had not been found Inventions lead to discoveriesEx: Telescope and mountains of the moon Telescope: Invention Mountains of the moon: Discovery Most of the things surrounding us are inventions ex, chair, pen 18.1.2012 5
  • 6. INVENTIONS IMPROVE OUR LIVES Inventions make our life easier: car Inventions increase our knowledge of the world: Microscope Inventions entertain us: Television Inventions save our life: Fire extinguishers 18.1.2012 6
  • 7. IMPROVING PAST INVENTIONS  Not every invention has to provide a completely new solution  Some very good inventions are improvements on previous inventions 2000 Memory sticks1980Floppy disks 18.1.2012 1990 7 CD
  • 8. WHAT HAPPENS IF AN INVENTION NOT PROTECTED Inventions that are not protected could be copied, sold and distributed by anybody Inventors may miss out the money they suppose to get. Without a protection, it is more difficult to license the inventions toothers Often the case could be, when the inventor won’t disclose his inventionwith the public or he won’t protect his invention, there may be a chancethat, at some point of time, another inventor might come up with sameinvention and he may proceed for protecting it 18.1.2012 8
  • 9. HOW TO PROTECT INVENTIONS Inventions are very important to all of us that we should encourage all talented inventors to keep inventing. One way to encourage inventors is by preventing people from stealing their inventionsIntellectual Property Rights: Best ProtectionPATENTS- In particular 18.1.2012 Dr N V Srinivasulu 9
  • 10. INTELLECTUAL PROPERTY RIGHTSRights on the property resulted by intelligence Patents Trademarks Trade secret Copyrights Geographic Indications 18.1.2012 Dr N V Srinivasulu 18.1.2012 10
  • 11. IPR – A SAMPLE Trademark Design Patents Script & User Manual - Copyright18.1.2012 Dr N V Srinivasulu 11
  • 12. WHAT IS A PATENTA patent is a set of exclusive rights granted by a state to an inventor or hisassignee for a fixed period of time in exchange for a disclosure of aninventionPatent is a grant for an invention by the Government to the inventor in exchange for full disclosure of the invention to debar others to exploit the invention for commercial success for a limited period within the geographical boundaries of the Nation 18.1.2012 12
  • 13. WHAT IS A PATENTA patent is similar to a REAL ESTATE title in two ways. First, it confers ownership of the invention. Second, it describes the invention in very precise terms.These terms are referred to as “CLAIMS” 18.1.2012 13
  • 14. PREREQUISITES FOR A PATENTA patent is always granted for an invention.The criteria for an invention to be patentable are1) It must be new (Novel)2) It must have an inventive step (Non-obvious)3) It must be capable of industrial application (Industrially applicable)18.1.2012 14
  • 15. WHAT DOES A PATENT CONTAINPatent document generally comprises of Bibliography, Abstract Field of the invention Background of ArtDetail Description Claims Drawings/Workable Examples18.1.2012 15
  • 16. TYPES OF PATENTSThree kinds of patentsUtility Patents New and useful process, machine, article of manufacture, or composition of matterDesign patents New, original and ornamental design of an article of manufacturePlant patents Given to someone who invents or discovers and asexually reproduces a new variety of plant. 18.1.2012 16
  • 17. PATENTING  Why  When  How  Where18.1.2012 17
  • 18. WHY TO PATENT • To encourage innovations • Reward for the amount of time spent on developing the idea • Protection to the inventors • Beneficial to society • Contribute to economic development • Patents are wonderful source of information18.1.2012 18
  • 19. WHEN TO PATENT  Is the concept is truly new For a patent to be get granted, invention must be new  Have you done your homework Prior art search  Any economic analysis Financial support  Does the field welcome Innovation Should know what is patentable under law18.1.2012 19
  • 20. WHO CAN APPLY FOR PATENTAny person (either alone or jointly)  who is true and first inventor or  Inventor’s assignee or  legal representative of the deceased inventor 18.1.2012 © AIPC Pvt. Ltd 2011 20
  • 21. HOW IS PATENT OBTAINED  Inventor files the full disclosure of the invention in patent office  Patent Office  Conducts searches to ascertain prerequisitites  Publishes the application  Conducts In-depth examination  Grants a patent18.1.2012 © AIPC Pvt. Ltd 2011 21
  • 22. WHO ARE THE BENEFICIARIES OF PATENT GRANTThe Inventor Secure from the competitorsThe Public Invention becomes public knowledge Technology would be free after Patent expiry  Cheaper and better products available18.1.2012 © AIPC Pvt. Ltd 2011 22
  • 23. CASE STUDIES  TURMERIC  BAJAJ Vs TVS  MICROSOFT Vs i4i18.1.2012 © AIPC Pvt. Ltd 2011 23
  • 24. CASE STUDIES - TURMERIC Turmeric is a tropical herb grown in East India Powdered product made from the rhizomes of its flowers has severalpopular uses worldwide Dye Cooking IngredientPatentU.S. patent on turmeric was awarded to the University of MississippiMedical Center in 1995, specifically for the "use of turmeric in woundhealingThis patent also granted them the exclusive right to sell and distributeturmeric 18.1.2012 © AIPC Pvt. Ltd 2011 24
  • 25. CASE STUDIES - TURMERICTwo years later,Complaint was filed by Indias Council of Scientific and Industrial Research(CSIR), challenging the novelty of the Universitys "discovery,”The U.S. patent office investigated the validity of this patent.In 1997, the patent was revokedTypical case of Biopiracy 18.1.2012 © AIPC Pvt. Ltd 2011 25
  • 26. CASE STUDIES – BAJAJ Vs TVSOn July 7, 2005, Bajaj was granted a patent with a priority date of July 16,2002.The title of the patent application was “An improved Internal CombustionEngine working on four stroke principle.”The invention was called “DTS-i Technology” and it related to the use oftwin spark plugsIn 2003, Bajaj launched “Pulsar,” a motorcycle which employed the DTS-iTechnology 18.1.2012 26
  • 27. CASE STUDIES – BAJAJ Vs TVSIn 2007, TVS announced the launch of a 125 cc motorcycle under the trademark“Flame” which was to be powered by lean burn internal combustion engine ofbore size 54.5 mm with a twin spark plug configuration just like BajajTVS stated that on September 1 & 3, 2007, Bajaj had issued certain groundlessthreats to dissuade TVS from launching “Flame.”In October 2007, TVS filed a suit under section 105 & 106 of the Act in theMadras High Court, alleging that the statements made by Bajaj on September 1& 3, 2007 constituted groundless threatsUpon the announcement by TVS, Bajaj filed a suit for permanent injunctionunder section 108 of the Act in the Madras High Court to restrain TVS fromusing the internal combustion technology patented by Bajaj 18.1.2012 27
  • 28. CASE STUDIES – BAJAJ Vs TVSOrder of the Single Bench of the Madras High CourtThe Madras High Court restrained TVS from launching the proposed125-cc Flame motorcycle with the twin spark plug engine technology, asBajaj prima facie enjoyed the right of exclusive usageOrder of the Division Bench in AppealTVS preferred an appeal before the Division Bench of the Madras HighCourtThe Division Bench further observed that the operation of the inventionas claimed by the Bajaj appears to be plug centric and that of TVS wasvalve centricOrder of the Supreme CourtBajaj preferred an appeal before the Supreme CourtAlthough TVS shall be entitled to sell its motorcycle ‘Flame,’ but it shallmaintain an accurate record of its entire domestic and international saleand directed the Madras High Court to appoint a receiver in thisconnection 18.1.2012 28
  • 29. CASE STUDY - MICROSOFT VS i4i i4i has patent on custom XML support Patent Number: US 5787449The case:On March 8, 2007, i4i lodged infringement case on Microsoft by stating“Microsoft has used without authority its XML support in Word 2003, word2007, windows vista and net framework”In other sense, "any Microsoft Word products that have the capability ofopening .XML, .DOCX or DOCM files (XML files) containing custom XML," 18.1.2012 © 29
  • 30. CASE STUDY - MICROSOFT VS i4iThe Decision:On August 11, 2009, Texas jury has given the following judgment Microsoft has willfully infringed the i4i patent(5787449) Ordered Microsoft to stop selling Microsoft Word unless it removed theinfringing technology On the part of damages, Microsoft has to pay $200 million to i4i Microsoft said it planned to remove the feature from all copies ofMicrosoft Word 2007 that will be sold on or after January 11, 2010 Word 2010 is being designed without the infringing technology 18.1.2012 30
  • 31. SOME FACTS Ring-pull cans: Inventor licensed the system to Coca-cola at1/10 of a penny per can. During the period of validity of the patentthe inventor received 148,000 UK pounds a day on royalties Amazon.com protected its business method by patenting itsone-click method. This not only aided the company in protectingits methodology from competitors, but also helped it in creating aniche for itself amongst a multitude of shopping portals. Microsoft has moved from 1 patent in 1990 to over 2500 patentsin 2002. Gillette Mach 3 is protected by a strong portfolio of 35 patents(including patents on the manufacturing process), which deterscompetitors from entering the “triple-blade razor” market. 18.1.2012 31
  • 32. SOME FACTS Alexander Graham bell applied for a patent for the telephone onFeb 14, 1876, only a few hours before another inventor namedElisha Grey handed his application for a telephone as well. Had Bell waited one more day to apply for a patent, Elisha greywould today considered as inventors of the telephone Patent number 174,465 issued in 1876 18.1.2012 32
  • 33. SOME FACTSThomas Edison: Has received nearly 1093 patents during his life He didnt actually invent the light bulb. What he did was improveon a fifty year old idea Two Canadian friends, Henry and Mathew patented anincandescent light bulb in 1874. They later sold the patent rights to Edison Edison conducted thousands of experiments on the improvementsof incandescent bulb Later in 1879, Edison showed his Incandescent lamp to the world 18.1.2012 33
  • 34. SOME FACTS Abraham Lincoln is the only United States President to receive a patent.Patent number 6,469 Statue Of LibertyFrederic Auguste Bartholdi for his design of the Statue Of Liberty PaperclipsInvented in the late 1800s, there have been numerous patents on differentpaperclip designs over the years Post-ItsInvented and patented by the 3M corporation; basically a piece of paper withadhesive applied to it Rubber bandsFirst invented in the 1800s, rubber bands took the world by storm.They were patented in 1845 by Stephen Perry.No one has since improved on the basic rubber band design - maybe theres anew invention waiting to happen! 18.1.2012 34
  • 35. TREND OF APPLICATIONS FILED Patent filings at Indian Patent office (IPO)The IPO output has been increasing, as can be seen in the 20% growth in the number of granted patents.During 2008–09, the IPO awarded 18,230 patents as against the 15,262 granted in the previous fiscal year
  • 36. NEED TO IMPROVEAs per the trends published by Indian Patent Office (IPO) The number of applications for patents filed in 2007-2008 was 35,218, Out of which the applications for patents originated in India were only6,040 i.e. contributing approximately 17% Majority of the remaining applications (more than 23000) camethrough PCT National Phase route by foreign residents 18.1.2012 36
  • 37. Comparative filings of neighboring countriesAs per the trends released by World Intellectual Property Organization(WIPO) for 2007Patent filings More than 4 lakhs in Japan Around 1.57 lakhs in China Filing of PCT international application Around 28 thousand by Japan Around 4 thousand by China 18.1.2012 37
  • 38. SOME INITIATIVES TO SPREAD IP AWARENESS Early-stage awareness Introducing the topics related to patent at the elementary school level Universities, research centers and academia should popularize the IP Regular workshops and seminars To sensitize the young entrepreneurs An IP policy under separate Ministry Media 18.1.2012 38
  • 39. FORWARD PATHLets spread the patent literacy orawareness for the economic,social and cultural developmentof INDIA18.1.2012 39
  • 40. Intellectual Property rights is to help Students, Industrialists, and Individuals to secure their inventions and to impart knowledge onpatents 18.1.2012 40
  • 41. HOW IPR CAN BENEFIT STUDENTSMany times students invent ideas without even realizing it.If we ask students if there was ever a time when they were playing with agame or a toy that they wished it worked a different way or had been createdin a completely different manner, most of the students will say `YES’. 18.1.2012 41
  • 42. HOW IPR CAN BENEFIT STUDENTSAfter analyzing the ideas of the students, IPR will help students in obtaining Patents for their inventive work.This will guide students in each and every step from start to finish in the patenting process 18.1.2012 42
  • 43. HOW CAN STUDENTS BENEFIT FROM PATENTING THEIR IDEASEnhancing their CVs Identifying themselves as an inventor can make their resume or job application stand out from the crowd. Employers may see them as a problem solver and creative thinker - a desirable feature in most organizations. Also, discussing their inventions during an interview can set you apart from other applicants being interviewed for the position 18.1.2012 43
  • 44. HOW CAN STUDENTS BENEFIT FROM PATENTING THEIR IDEASLaunch A New Business An invention may be the foundation of a new business based on a productor service related to the invention. Although they are not required to commercialize an invention, a great invention can be the start of a great business venture. 18.1.2012 44
  • 45. HOW CAN STUDENTS BENEFIT FROM PATENTING THEIR IDEASCommercializationIf they are not ready to launch a new business themselves, they might be ableto sell or license the rights to their invention.The real fruits of the patented technology innovations only come throughcommercialization which can earn them royalty if technology is transferred 18.1.2012 45
  • 46. Contact a IPR consultants in HYDERABAD at SANTHARAM KONDURU REGISTERED PATENT AGENT santharam@adhikariipc.com Website: www.adhikariipc.com Registered Office 154, Triveni Towers, MIG-I, Road No 1, KPHB Colony. Hyderabad -500072. Mob: +91 9393953001, Tel: (040) 4027- 3000/3008 Fax: (040) 4027-3001/3009, Email : info@adhikariipc.com US Office: 290 Parkmoor Avenue, 3rd floor, San Jose, CA 95126, USA Tel:18.1.2012 925-200-7303, Fax: 206-339-3443 46 46
  • 47. THANK YOU18.1.2012 47

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