The document discusses various aspects of research methodology and intellectual property rights. It covers topics like patents, types of patents, importance of patents, patent process, copyright, and trademarks.
Some key points include:
- Patents provide exclusive rights over inventions for a limited period of time and help avoid duplication of work. There are three main types of patents: utility patents, design patents, and plant patents.
- Copyright protects original works of authorship like writing, art, and music. A copyright is automatically obtained when an original work is created but registering provides benefits if infringement issues arise.
- Trademarks protect words, symbols or designs that identify the source of goods or services and prevent confusion in the marketplace. Register
2. ATENT
The word patent originates from the Latin patere, which means “to lay open”(i.e., to
which Make available for public inspection) which was a royal decree granting
exclusive right to a person, predating the modern patent system. Similar grants
included, land patents, which were land grants by early state governments in the
USA, and the printing patents, a precursor of modern copyright.
In modern usage, the term patents refers to right granted to right anyone who
invented any new, useful, non-obvious process, machine, article manufacture or
composition of matter.
Some other types of Intellectual property rights also called patents in some
jurisdictions : Industrial design rights called design patents in the US and plant
breeders right called plant patents.
A patent is an exclusive monopoly grant by the government of an inventor over his
invention over limited period of time.
3. Types of Patent
There are three types of patents:
1.Utility patents - issued for any process,
machine, article of manufacture, or
compositions of matters, or any new useful
improvement. In general, this type of patent
protects the way an item is used or works. For
example, Golf Club Head.
2.Design patents - issued for a new, original, and
ornamental design for an article of
manufacture. In general, this type of patent
protects the appearance of an item. For
example, Eyeglasses.
3.Plant patents - issued for asexually reproduced,
distinct, and new variety of plants. For
example, Lavender plant named ‘Belpur’.
4. IMPORATANCE OF PATENTS
Important source of scientific and technical Literature.
A treasure- house of scientific inventions.
Avoids duplication
Paves way for further discoveries.
Stop re-inventing the wheel.
Identifying emerging technologies, emerging areas.
5. What does a patent do?
Protects intellectual property for 20 years.
- no one else can manufacture the product.
- some one can pay you royalties.
- you can block competitors.
After 20 years, technology goes to public domain.
6. What are the patent rights?
To prevent third party without authorization
Making or manufacturing
Using
Offering for sale
Selling
Importing
Distributing
Licensing
7. Patentable subject matter
Any article apparatus or machinery or its component.
Any substance whether living or non- living product, pharmaceutical product.
Any compositions of matter , pharmaceutical products
Any process, manner or art of manufacturing other than essential biological
process.
8. PROCESS OF PATENTING
Be curious but do not disclose your invention.
Keep a bound notebook to prove when you get the idea.
Develop the idea and produce a model.
Write why your invention is needed, what the existing products are in the market,
your new product, and what is unique about your product.
9. Why researchers prefer Publication over Patent?
There are several reasons due to which Indian researchers prefer article publication over patent.
One can be a lack of awareness about the procedure of patent. Generally, publishing a research
paper is more emphasized in most Indian universities and research institutes as research
publication gives more visibility to the researcher among academic fraternity. The patent on the
other hand is a time consuming process as compared to the publication.
• In India the patent right is not a big enough carrot to lure the researcher into filing a patent
application. The reasons maybe that the research subject has no commercial value, maybe the
cost to commercialize the technology is too big a hurdle for the researcher to scale or maybe the
Patents Act in India provides too little protection for patents.
• The economic costs (legal fees, etc.) of going through the act of obtaining a patent may, for small
innovations, exceed the actual benefits of getting a patent.
• The university or research institution where the researchers work do not have licensing department
or IP cell to recoup the value of IP rights for the new inventions or the research work. A researcher
needs professional help when deciding whether to file a patent application for his/her new
discoveries. And, even if the researcher is awarded a patent, he/she may have trouble selling the
patent right.
• Since, no extra bonus is provided for a patent application when compared to a paper, most
researchers would choose publishing a paper. Writing a patent is different from writing a paper,
also paper is relatively quicker to publish and easier to write (no claims at all).
10. Where to file a patent application?
• The appropriate office of the patent office shall be the head office of the patent office or the branch office as the case
may be within whose territorial limits …
- Residence of applicant or Domicile; or
- His the place of business; or
- The place where the invention actually originated.
• If the applicant has no business or domicile in India, the address for service in India is given by such applicant.
Office Territorial jurisdiction
Patent office branch ,Chennai The states of Andhra Pradesh, Kerala, Tamil Nadu and the
Union Territories of Pondicherry and Lakshadweep.
Patent office branch, Mumbai The States of Maharashtra, Gujarat, Madhya Pradesh, Goa and
Chhattisgarh and the Union Territories of Daman and Diu &
Dadra and Nagar Haveli.
Patent office branch, New Delhi The States of Haryana, Himachal Pradesh, Jammu and
Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi
and the Union Territory of Chandigarh.
Patent office branch, HO , Kolkata The rest of India
11. Patent Grant In INDIA
F.E.R. Issued.
Filing of application
With provisional specification
Filing complete within 12
months after provisional
REQUEST for EXAMINATION on
Form-18 within 48 months from
date of priority.
EXAMINATION [for
patentability & other
requirements
Publication u/s 11A (early or
post 18-months )
Application ABANDONED
Pre-grant opposition U/s 25(1)
With complete specification
YES
If
NOT
Conceptualizing an invention
12. Continue…. Patent Grant In INDIA
F.E.R. Issued.
• Re-Examination of amended documents
• Controller offers a hearing to the applicant.
• Application is to be put in order within 12 months from issue of FER
ABANDONED
Post grant opposition u/s 25(2)
Objections met within 12
months
Grant of Patent u/s 43 and
publication of grant
Objections not met within 12
months
14. Research Design
Research design is the framework of research
methods and techniques chosen by a researcher.
The design allows researchers to hone in on
research methods that are suitable for the subject
matter and set up their studies up for success.
The design of a research topic explains the type of
research (experimental, survey, correlational, semi-
experimental, review) and also its sub-type
(experimental design, research problem, descriptive
case-study).
15. Types of Research Design
Data collection, measurement, and analysis.
The type of research problem an organization is facing will determine the research design and not
vice-versa. The design phase of a study determines which tools to use and how they are used.
An impactful research design usually creates a minimum bias in data and increases trust in the
accuracy of collected data. A design that produces the least margin of error in experimental research
is generally considered the desired outcome. The essential elements of the research design are:
1. Accurate purpose statement
2. Techniques to be implemented for collecting and analyzing research
3. The method applied for analyzing collected details
4. Type of research methodology
5. Probable objections for research
6. Settings for the research study
7. Timeline
8. Measurement of analysis
16. What is the difference between Research Design and Research
Method?
Research design is a plan to answer your research question. A research method is a strategy
used to implement that plan. Research design and methods are different but closely related,
because good research design ensures that the data you obtain will help you answer your
research question more effectively.
17. Q:Which research method should I choose?
It depends on your research goal. It depends on what subjects (and who) you want to study. Let's say
you are interested in studying what makes people happy, or why some students are more conscious
about recycling on campus. To answer these questions, you need to make a decision about how to
collect your data. Most frequently used methods include:
• Observation / Participant Observation
• Surveys
• Interviews
• Focus Groups
• Experiments
• Secondary Data Analysis / Archival Study
• Mixed Methods (combination of some of the above)
One particular method could be better suited to your research goal than others, because the data you
collect from different methods will be different in quality and quantity. For instance, surveys are
usually designed to produce relatively short answers, rather than the extensive responses expected in
qualitative interviews.
18. What other factors should I consider when choosing one
method over another?
Time for data collection and analysis is
something you want to consider. An
observation or interview method, so-called
qualitative approach, helps you collect richer
information, but it takes time. Using a survey
helps you collect more data quickly, yet it may
lack details. So, you will need to consider the
time you have for research and the balance
between strengths and weaknesses associated
with each method (e.g., qualitative vs.
quantitative).
19. Research overall Design and Flow process
• This study employs a descriptive research design
to agree on the effects of occupational safety
and health management system on employee
health, safety, and property damage for selected
manufacturing industries.
• This design offers to the researchers a profile of
described relevant aspects of the phenomena of
interest from an individual, organizational, and
industry-oriented perspective.
• This research design enabled the researchers to
gather data from a wide range of respondents on
the impact of safety and health on manufacturing
industries in Ethiopia.
• This helped in analyzing the response obtained
on how it affects the manufacturing industries’
workplace safety and health.
21. What Is a TRADEMARK?
A trademark protects words and design elements that identify the source of a
product. Brand names and corporate logos are primary examples. A service mark is
similar, except that it safeguards the provider of a service instead of a tangible good.
The term “trademark” is often used in reference to both designations.
Some examples of trademark infringement are fairly straightforward. You’ll probably
run into trouble if you try to bottle a beverage and call it Coca-Cola or even use the
famous wave from its logo since both have been protected for decades.
However, a trademark actually goes a bit further, prohibiting any marks that have a
“likelihood of confusion” with an existing one. Therefore, a business can’t use a symbol
or brand name if it looks similar, sounds similar, or has a similar meaning to one that’s
already on the books, at least if the products or services are related. If the trademark
holder believes there’s a violation of these rights, it may decide to sue.
22. Q:Who can seek a trademark and what does it protect?
Business and product owners file for a trademark. It protects a name,
word, slogan, symbol, design, and/or image identifying a business or
brand and distinguishing it from others in the same field.
23. Q: What are the benefits of a trademark and what is the
duration?
Registering a trademark enhances the rights of a person by providing legal evidence
and public notice of ownership. It is proof enough of a nationwide exclusive right to
the mark and allows the holder to sue an infringer if the case calls for it. Registered
trademarks can use the ® symbol. Though a trademark is valid for an unlimited
period of time, it must be renewed every 10 years.
25. What Is a OPYRIGHT?
Copyrights protect “original works of authorship,” such as writings, art, architecture, and music. For as long as the copyright is in
effect, the copyright owner has the sole right to display, share, perform, or license the material.
One notable exception is the “fair use” doctrine, which allows some degree of distribution of copyrighted material for scholarly,
educational, or news-reporting purposes.
Technically, you don’t have to file for a copyright to have the piece of work protected. It’s considered yours once your ideas are
translated into a tangible form, such as a book, music, or published research. However, officially registering with the U.S.
Copyright Office before—or within five years of—publishing your work makes it a lot easier to establish that you were the original
author if you ever have to go to court.
The duration of a copyright depends on the year it was created, as the laws have changed over the years. Since 1978, most
compositions have been copyright-protected for 70 years after the author’s death. After that time, individual works enter the
public domain and can be reproduced by anyone without permission.
As a general rule, the author retains ownership of copyright privileges, even if the material is published by another company.
There is an important exception to this rule, though.
Materials you create for your employer as part of your job requirements, for example, contributions to a podcast the company
publishes, are usually considered "works for hire." The employer, not you, retains the copyright. If there’s a gray area, you can try
to negotiate with the publisher over copyright ownership prior to creating the piece; just be sure to get it in writing.
26. Q: Who can seek a copyright and what does it protect?
Copyright can be sought for by authors, artists, choreographers, architects, and
other creative professionals. While an idea cannot be copyrighted, the tangible form
of an idea can be. This includes original works of authorship, photographs,
sculptures, choreography, architectural works, sound recordings, motion pictures,
and other creative works.
27. What are the benefits of copyright and what is the duration?
Copyrighting provides a person with legal
evidence and public notice of ownership. A
person can be sued in a court for
infringement of copyright provided one has
the papers in place. A copyright is valid for a
lifetime.