Quick Overview of Intellectual PropertySystem (with focus on Patents) by Sagacious Research

Presentation Plan What is Intellectual Property Need of Intellectual Property System Ty p e s o f I n t e l l e c t u a l P r o p e r t y R i g h t s More on Patents Overview Patenting Strategy Patenting Process Sample Costs and Patenting in India Patents Considerations for non-patenting Organizations Other Uses of Patent Information Slide 2 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

What is IP? Intellectual Property Any creation (artistic or scientific) that originates from the intellect of a person (and/or a group of persons). Examples : Book, Logo, Drug, Software Code, Jewellery Design, Machine, etc Intellectual Property Rights Legal rights granted over Intellectual Property Help originators reap the fruits of their creation / invention commercially Provides monopoly to the originator for a specific period of time Example: Patents, Trademarks, Copyrights, etc Slide 3 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

What is IP? Intellectual Property vs. Tangible Property (e.g. House) Owning an Intellectual Property is similar to owning a house in many respects. This is indicated by the comparison provided in the table below Rights Conferred by Owning a Rights Conferred by Owning an house IP Sell Sell Mortgage Mortgage Rent License Further as lease agreement defines the owned boundary of the house, a document (like patent) defines the legal boundary of the invention Slide 4 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

Need of IP System? Objective behind IP system To stimulate innovation for the benefit of the society as a whole. Monopoly is just a by-product of this system Benefits of IP system To the originator Monetary benefits by licensing and/or commercializing their IP Excludes competition to reap fruits of their innovation Acts as an asset to the organization increasing its overall valuation Recognition/ brand image To the Society The technologies come to the public domain and the world can enjoy these inventions/creations Reduce effort on re-inventing the wheel and enhance quick technological advancements Slide 5 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

Types of IPR? Why Different types of IPRs Innovations differ in their nature, complexity, and utility IP rights need to ensure balance between originator’s and Society’s benefits Most Common IPRs • Patents Utility models • • Trademarks Plant Breeder’s Rights • • Copyrights Semiconductors and chip designs • • Geographical Indications Trade secrets • • Industrial Designs Domain Names • Slide 6 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

More on Patents Overview (1/2) What are patents? Limited term monopoly rights Granted to an entity (Individual/ Organization) Require detailed public disclosure of inventions What can be Patented? Any new or useful process, machine, article of manufacture, composition of matter Any new useful improvement thereof Patentability Criteria Novelty, non-obviousness and usefulness What can not be Patented Differs from jurisdiction to jurisdiction Broadly anything harmful to mankind (Weapons, etc), discovery of a new property of a known element, Traditional knowledge, scientific principle or the formulation of an abstract theory Idea per se cannot be patented (only implementation of the idea are patentable) Slide 7 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

More on Patents Overview (2/2) Jurisdiction of Protection Rights apply only in countries where protection is sought There is no international patent Term of Protection Generally, 20 years from the date on which PCT or an application is filed in a given jurisdiction (which ever is earlier). Term calculation may differ from Jurisdiction to Jurisdiction Term may be increased beyond normal term under special circumstances Rights Conferred by protection To exclude others from exploiting any commercial benefit (by Selling, Manufacturing, and/or Practicing) from the patented invention Applicable only in jurisdiction of protection and for the specified time Patents do not provide right to the owner to make, use and/or sell their inventions Slide 8 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

More on Patents Patenting Strategy? When to apply for a patent? As soon as you have implemented your idea (or are just one year away from it) file for the protection Before applying for a patent you should NOT Disclose your invention publicly (by means of Scientific Papers, Conferences, etc) NOT Share the details of your invention with ANYONE (sign a binding NDA - if unavoidable for business reasons like for obtaining funding, etc) Thoroughly check the patentability (you can conduct a search yourself using free sources available via web – see notes) Where to file? Protection is strictly jurisdiction specific (you are protected only where you file) Identify target markets and file for protection - protection in all possible markets ensures that anyone interested in marketing products based on your invention in other countries will have to pay you royalties May use PCT route for additional benefits Other things to consider Effective Protection (One patent v. More patents) Explore all possible applications of the Inventions Slide 9 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

More on Patents Patenting Process File Application(s) is/ Application(s) is/ Provisional / Non-provisional are Published are Granted Patent Application If filing in File complete Pay Maintenance ‘Native patent specification Prosecution in Native Country Fee in Native Country’ Only in Native Country Country If filing in File complete Pay Maintenance limited patent specification Prosecution in each of the Desired Countries Fee in Desired Countries e.g. in Desired Countries Countries (2/3 countries) File a PCT Pay Maintenance If filing application with Enter National Phase in Desired Prosecution in the National internationally Fee in Desired complete patent Countries Phase of each Desired Country via PCT, (e.g. Countries specification > 3 countries) Options ~36 - 60 0 12 18 30 Months Months Months Months Months Timeline Slide 10 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

More on Patents Notes Important Notes Provisional application is never published or granted Any disclosure (written/oral) publicly available before the date of filing the provisional is considered as prior art (except in some countries where disclosure by inventors made within 12 months before filing are not considered prior art) You have to file your application in India before filing it in any other country, else obtain a foreign filing permit Term calculation does not start from filing of the provisional application Slide 11 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

More on Patents Indicative Costs and Patenting in India Indicative Cost of Patenting India Total cost that an individual might incur in drafting, filing and prosecuting a patent application India is ~ INR 90,000 - INR 1,20,000. Maintaining the patent in force for 20 years costs additional ~INR 70,000. Going International Depends on many factors including number of countries chosen for protection. Typical cost of filing in India, US, and Europe (via PCT route) amounts to ~INR 8,00,000 – 10,00,000. Govt Support Schemes (India) Sagacious is currently supporting a scheme (SIP-EIT) that Department of Information Technology, Govt of India has started to provide financial assistance to SMEs and Technology Start-Up units for international patent filing. Total support per application - 50% of the total expenses incurred on international patenting and upto Rs 15 lakhs. Reimbursable Expenditures- All patent processing costs including Attorneys’ Fees, Patent Office filing fees, Examination Fees, Patent Search cost, Additional cost for entering National Phase upto grant/issue. *Costs incurred after grant (including opposition proceedings, re-examination, etc) cannot be reimbursed under the scheme. Slide 12 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

Patent Considerations Non-patenting Organizations Patents have made conducting business like walking in a mine field Freedom-to-Operate Checking if the product/service that you plan to commercialize is free from all IP issues is equally important as is protecting your own innovation It is advisable that you DO NOT assume things and seek professional guidance before launching any product/ service to avoid infringing on other’s intellectual property Slide 13 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

Other Uses of Patent Information W h e n & W hy c o n s i d e r Pa te n t Re s e a rc h 80% of technical data published in patents is never published anywhere else Hence, If you are involved in any of the following activities, you will definitely benefit from one of the professional patent searches: Activity/ Situation Why a Patent Search Planning to Innovate Have the right Ideas, Choose the Right Direction In the Middle of Innovating Know the Latest, Explore the Best Solutions Already Innovated Protect before It is Stolen Already Protected/ Have a Patent Extract the maximum value Planning/ Completed a Product Launch Be Sure about IPR Issues Involved in a Litigation concerning IP Explore Right Evidences to Present Planning an IP Strategy Get the Facts Right Planning a Business Strategy Know & watch the competition & technology Planning Business Expansion Explore right options, Explore intangible assets Slide 14 March 14, 2009 © 2009 Sagacious Research. All Rights Reserved.

Your INSIGHT into IP Thank You Tarun Kumar Bansal Director, Sagacious Research tarun.bansal@sagaciousresearch.com http://www.sagaciousresearch.com Ph. No: +91-931 387 2266

Quick Overview of Intellectual PropertySystem (with focus on Patents) by Sagacious Research

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