TiEcon Delhi 2013 - Innovation Nation by Dr. Deepa Kachroo Tiku


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TiEcon Delhi 2013 - Innovation Nation by Dr. Deepa Kachroo Tiku

  1. 1. TiEcon Delhi-2013 Innovation In Action INNOVATION NATION Taj Palace Hotel, New Delhi October 5, 2013 Dr. Deepa Kachroo Tiku Partner 1
  2. 2. Scope  What is IP  Paradigm shift  IP - the intangible asset and value driver  Our focus – patents  Why patent your technology 2
  3. 3. What is Intellectual Property (IPR) • Pertaining to the intellect or understanding; something which appeals to, engages or requires exercise of intellect • Intellectual property – a business asset - like real estate: must be defined, value assigned, used • IPR: developed, protected, maintained, upgraded, used to realize value 3
  4. 4. Paradigm shift • Agrarian economy to Knowledge-based economy • Hard assets vs. soft intangible assets • Recent Survey by US Dept. of Commerce in 2012 showed that IP-intensive industries accounted for about $5.06 trillion in value added, or 34.8 percent of U.S. GDP, in 2010 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 30 62 70 38 1982 Physical assets 2000 Intangible assets Source: US IP report prepared by the US Department of Commerce, 2012 4
  5. 5. IP power – the value driver Sakichi Toyoda’s weaving machine - 1929 • 1929 Granted Patents on Automatic Weaving Machine • Earned huge royalties post 1929 • Invested in R/D on Automobiles What does this have to do with what is now a world class Japanese Company!! • Founded “TOYOTA Motor Company 5
  6. 6. Forms Of IP Trade Secrets Trademarks or Brands Patents Copyright IPR Designs Semiconductor/ IC Place holder for future forms Plant Varieties GI 6
  7. 7. Some Common Misconceptions • Some statements culled out from print media – “the Company has patented its brand” – “they have a copyright on this trademark” – “this design is our patent” Each of these statements reveals confusion about IP rights 7
  8. 8. IP Rights Distinguished Shape ? Creative layout ? Brand?? Any IP ? Useful cap ? 8
  9. 9. IP Rights Distinguished And a Product may incorporate several forms of IP! Design Copyright Trademark ? Any IP ? Patent 9
  10. 10. Our Focus : Patents “Let’s patent this” - Patents are granted for an article, device, system, process or composition of matter - Criteria : novelty, inventive step and industrial applicability 10
  11. 11. Important International Agreements pertaining to Patents  PARIS CONVENTION  WTO/TRIPS AGREEMENT  PATENT COOPERATION TREATY
  12. 12. IPR legislations in India  The Patents Act, 1970 WTO-TRIPs COMPLIANT  The Trade Marks, 1999  The Copyrights Act, 1957  The Designs Act, 2000  The Protection of Plant Varieties and Farmers Rights Act, 2001  The Semiconductor Integrated Circuits Layout  The Geographical Indications of goods (Registration and protection) Act, 1999 Supporting legislations The Biological Diversity Act, 2002 The Information Technology Act, 2000 •Utility model protection – under consideration •India all set to become an International Searching and Examining Authority 12 under PCT for Patents
  13. 13. Indian courts and IP offices • • • • • • • Four Patent Offices Five Trademark Offices Separate Copyright Registry Intellectual Property Appellate Board (IPAB) Supreme Court at New Delhi High Court in every State District Courts IP Offices come under the purview of Ministry of Commerce and Industry 13
  14. 14. What is a patent • A Patent is a right granted for an invention -to an inventor -by the government in exchange for full disclosure of the invention – quid pro quo approach • Patents are territorial rights • Patents can be sold or licensed to generate revenue – immense commercial value 14
  15. 15. Patents are negative rights A patent gives the owner an exclusive right to prevent others from •Making •Using •Offering for sale •Selling •Importing (the patented product) STOP •Using (the patented process) OR •Using •Offering for sale •Selling •Importing (the product obtained directly from the patented process) 15
  16. 16. What is not claimed is not protected So what is a CLAIM? •Claims define the scope of protection •Claims must be supported by the description •Fence or boundary •Single sentence •Broad /narrow claims •Independent claim, dependent claims Claims are tools of defense and offence 16
  17. 17. Claim wording is important 1. A composition comprising a solid, a liquid, and a gas. (independent claim) 2. The composition of claim 1, wherein the solid is a salt. (dependent claim) 3. The composition of claim 2, wherein the salt is sodium chloride. 17
  18. 18. Non-patentable subject matter  All fields of technology are patentable  Certain exclusions in Section 3 and 4: What are not inventions  Section 3(b) - contrary to public order and morality  Section 3(c) – discovery of naturally occurring things  Section 3(d) – new forms of a known substance  Section 3(e) – composition-mere admixture  Section 3(f) – mere arrangement or rearrangement or duplication of known components/devices  Section 3(i) – method of treatment of animals and humans  Section 3(j) – plants, animals and parts thereof and essentially biological Processes  Section 3(k) – computer programs per se 18
  19. 19. SAMPLE THIS… • In 2012, Microsoft made headlines by buying 925 patents worth $1.1 billion from AOL in an all-cash deal • Facebook bought 650 patents of these from Microsoft for $550 million The patent deal offered obvious benefits to all involved: • AOL walked away with sorely needed cash for patents it was no longer using. • Microsoft got to take home some of the first social networking patents ever granted. • And Facebook was insulated from the legal attacks those patents could have aided, had they ended up in the hands of a rival like Google. 19
  20. 20. To sum up… •A Patent can be obtained for a new and inventive product or a process, mere ideas cannot be patented. •The Patent Office receives patent applications, examines them under the given law and grants patents •It is important to have strong patents otherwise, they can be challenged later •The decisions of Patent Office can be challenged before the Intellectual Property Appellate Board (IPAB) and IPAB decisions before the High Court/Supreme Court •A patent remains valid for 20 years provided renewal fees is paid regularly. •After the patent expires, the public is free to use it without the patentee’s permission 20
  21. 21. Thank you Email: deepa@knspartners.com 21