Patenting Knowledge

Intellectual Property Rights

 

Under this section, we provide Patent Knowledge, guidance, information related to Patenting of Research.

This section is under development.

IPR Focus series:1.

Intellectual Property Rights are effective instruments for economic development of the country. This is brought about by providing protection for the products of intellectual creativity. These products, when provided property rights become Intellectual Property of the creator or owner of the said product. Armed with this protection, securing the owner against unfair competition, owner of the Intellectual Property willingly makes these products available for exploitation by the general public on terms beneficial to him. The benefits so accrued to the owner are seen as reward for his investment of time, money, efforts and Intellectual activity. However, the benefits which the owner reaps, is not by totally depriving the society. The society is compensated by the availability of information on Intellectual Property and availability of property for exploitation for the benefit which accrues due to access to the Intellectual Property. Thus, the grant of Intellectual Property rights is seen as a bargain between owner of the Intellectual Property and Government of the land, acting on behalf of the public, which grants Intellectual Property Rights. The use of the Intellectual Property by the society brings about social, economical, industrial and cultural prosperity of the country where such rights are granted. Grant of Intellectual Property Rights and their proper enforcement encourage fair trade as well as international trade, facilitating access to quality products by consumers of the country irrespective of their origin. This leads to mutual development of the countries.

The importance of Intellectual Property Rights for International trade and commerce has been recognized the world over. Many International agreements to regulate grant and exploitation of Intellectual Property rights have been signed between countries of the world either bilaterally or in the form of multilateral agreements. The most notable amongst them have been the Berne Convention for Copyrights and related rights; The Paris Convention for Industrial Property (Patents, Designs and Trade Marks); The Patent Co-operation treaty (for filing International application for patent); The establishment of World Trade Organization and signing of TRIPS agreement to which many countries are signatories has sharply focused the role of Intellectual Property in International trade.

 

IPR Focus series:2

The Basics:

The inventor uses his skills and inventive ingenuity to invent. The product of his labor is the invention. The invention is expected to alleviate some problems of society. The Government is therefore anxious to see that the invention is worked to the maximum in the country to fulfill the needs of the public. However, unless the inventor is guaranteed protection from copying and unfair competition, he will not be inclined to disclose his invention. The Government therefore protects the inventor and, at the same time, ensures that the invention is disclosed to the public fully. A bargain is struck between the Government and the inventor. This bargain takes the form of the grant of Patent for the invention, to the inventor through the Patent office.

 What is a Patent?

A Patent is a monopoly right to the exclusive use of an invention, granted to the inventor or his assignee. This right is granted only for a limited period called “term of patent”. Even during the term of patent, the right may cease, if not kept alive by payment of renewal fees. The inventor or his assignee has to apply for a Patent for the invention to the Patent Office. Along with his application, he has to disclose the invention completely in the form of a complete specification. This complete specification is published by the Patent Office immediately on deciding that a Patent may be granted. In many counties, this publication takes place even earlier. Once published, the copy of the Patent Specification is available for inspection by the public. Anybody can obtain a copy of the Patent Specification, once it is published by the Patent Office.

What does a Patent do for the Patentee?

The patentee (inventor or his assignee to whom the Patent is granted) alone has a right to the use of the patented invention. This right can be used by him in several ways.

● He can use it himself to develop a business based on the invention, secure

   from any competition or fear of copying during the term of Patent.

● He can allow others to use it at a price mutually agreed upon by licensing

    it.

● He can sell it outright for an adequate consideration.

What does a Patent do for the Society?

● The patentee works the invention in any one or more ways as described

    above. Thus, newer, better, cheaper products become available to the

   public.

● Since full details of the invention are available to the public early, it

   provides a Springboard for further inventions.

● After expiry of the term of Patent, the invention is available to the public

   without any public hindrance, thus leading to easy transfer of technology.

● Even during the term of Patent, the patented technology transfer may take

    place by way of assignment or licensing and the transferee has an      

   excellent tool to assess its worth before transfer agreements are finalized.

What is Patentable?

In most countries the invention to be patentable must be-

● novel

● non-obvious

● be capable of industrial application

● must not be from the categories of inventions specifically declared as non-

   patentable under the relevant patent law.

Who is entitled to a Patent?

Primarily, the invention belongs to the inventor; unless he has assigned his rights to some body. A Patent may be granted to the original owner or to someone to whom the ownership has passed.

As mentioned earlier, publication of the Patent Specification is an integral and essential part of the Patent system the world over. The result is a vast resource of technical information which unfortunately has not been exploited in developing countries including India. However, it is essential that Patent Information is exploited to the fullest, to gain an information edge. Contrary to the misconception prevalent in the minds of the potential users, patent information is not kept secret. It is meant for public knowledge and use. 

What is Patent Information?  

It relates to information concerning Patented inventions disclosed in a Patent Document. Inventions in the context of Patents are successful solutions to technical problems.  

Which questions does a Patent Documents answer?

● What is the technology field of the invention?

● Which technical problem has been solved and how?

● What is the prior art?

● Who is the owner of the Patent?

● Who is the inventor?

● When was the earliest application for a Patent filed and where?

● Whether the technology is in the public domain.

What information is disclosed in a Patent Document?

● Bibliographic data concerning the Patent.

● Title of the invention.

● Abstract of the invention.

● References to prior art.

● Complete technical description as well as practical details of the invention

   with reference to suitable drawings/ formulae .

● Claims defining the monopoly.

Why are Patents, a unique source of Technical Information?

● A large percentage of technology disclosed in Patents is never published in  

   any other publication.

● Patents are effective only in the country of grant and for a limited period.

● Patents form one of he earliest publications of the patented invention.

● Patents form a single storehouse of technological information, covering

   the widest range of technologies; irrespective of the level of sophistication

   of the technology.

● Patents are written in a standard format. Once familiarity is gained,

   retrieval of relevant information is easy.

● Patent information is easily accessible through the use of classification

   systems and the use of electronic database systems.

 

Who can get benefit from Patent Information?

 

A.     Researcher/ Inventor in Industry / R&D Organization /University:

● to avoid duplication of research.

● to assess the state –of –the- art before initiating a research project.

● to find ready solutions t technical problems in ongoing research .

● to keep up-to-date with developments in the technology field.

 

B.   Industry:

       ●  to improve existing technology to produce newer/ better / cheaper

          produces.

      ●  to find a ready solution to a technological problem.

      ●  to increase production and productivity.

      ●  to locate suppliers of equipments /materials.

      ●  to assess the state-of-the –art before initiating manufacturing projects.

      ●  to identify suitable technologies for adaptation/transfer.

      ●  to evaluate alternative technologies for transfer.

 

C.   Business Enterprises:

      ● to identify new products for marketing, license or distribution.

     ● to locate Patent owners.

     ● to identify competitors ( domestic/foreign).

     ● to avoid possible infringement problems.

     ● to locate areas of investment.

 

D.   Consultants and Planners:

      ● to assess a technology for viability.

     ● to undertake technology forecasting by identifying the trend of

         inventions in a given technology field.

     ● to advise industry /R & D /financial institutions on issues relating to the

        technology.

 

E.   Financial Institutions :

     ● to assess a technology /research project for financial support.

     ● to monitor the viability and progress of aided projects.

 

F.    Patent Agents/Applicants for Patents:

     ● to ascertain patentability; and other aspects in respect of an application

        for Patent, opposition, revocation and other proceedings under the

        relevant patent law.