Innovation and IPR

Prasanta Sarkar, Professor, Dept. of Electrical Engg.

National Institute of Technical Teachers’ Training and Research
Block FC, Sector III, Salt Lake, Kolkata 700106
• A punkah pulling machine - George Alfred De
Penning - 3rd March 1856
• De Penning & De Penning – first IPR Firm
• Exclusive rights were granted on 2nd
September under legislation of 28th
February 1856.
IP Wave: Innovation in India: India Innovation Index &
Nightlight Visualisation of the Indian Economy
 Pathways towards Innovation, Start-up &
Entrepreneurship leading to generation of IPR
 John Dewey’s Learning by Doing Model

• Identifying a need for a product, service, process, or system

• Creating a team and working effectively together towards common goals
• Generating a project proposal
• Preparing a design
• Developing the product, service, process, or system
• Testing the product, service, process, or system
• Examining the business viability aspects of the project
• Preparing and delivering reports and presentations.
Capstone
Learning by Doing steps in Capstone Project
• Task 1: Identifying a need for a product, process, or service.
• Task 2: Forming a team.
• Task 3: Performing Literature survey and Patent search.
• Task 4: Generating a project proposal.
• Task 5: Preparing a design.
• Task 6: Developing and fabricating the product, process or service.
• Task 7: Developing a test plan.
• Task 8: Testing the system, product, process or service.
• Task 9: Examining business viability.
• Task 10: Preparing a final report.
 Identification of Project Topic

 Think simple innovative ideas that the project team can

implement.

 It doesn't aim at an original research work, rather it addresses a

specific problem, issue or concern in the field of study.

 It tests understanding of the core concepts in the field of study

and require learners to apply them to current situation.
 Identification of Project Topic
 Choose a topic which passionate the team members.

 The topic should be narrowly focused and carefully defined.

 Team members must have willingness to demonstrate

independent skills and become competent in new disciplines
 Identification of Project Topic
 A topic which was previously thought but could not be investigated
can also be thought of.

 A topic that make use of team members work experience in

addition to academic interest can also be thought of.
 Identification of Project Topic
Development of project Ideas can start in many forms like :

 Copycat
 Piggyback
 Combine Ideas
 Leapfrog
 Breakthrough
 Identification of Project Topic
Copycat

The first out of the gate product receives competition by later

competitors who refine the product and improve an idea or make it
cheaper.
Caution : To be careful on Patent and Intellectual Property Right issues
 Identification of Project Topic
Piggyback
Building onto an existing technology
Example: Renewed functionality of a technologically obsolete product
through integration or add on of a secondary device or component,
retrofitting etc.
 Identification of Project Topic
Combine Ideas

Putting together two ideas to a new one,

snuggie is the mutation of a blanket and
a robe into a blanket with sleeves
 Identification of Project Topic
Leapfrog
Use of low cost decentralised technologies such as solar light for
electrification of remote inaccessible villages in place of grid connected
power lines, mobile phone in place of land lines and satellite TV in
place of local transmissions
 Identification of Project Topic
Breakthrough
New ways to use technology that are different from earlier “art”, email,
internet, personal computer, 3-D printing
 Identification of Project Topic
Brainstorming
• It is a process of developing creative solutions to problem.
• It tends to improve team performance.
• It focusses on a problem and comes up with as many solutions as
possible by pushing the idea as far as possible
• It not only generates new ideas but also develop and refine one
another ideas.
 Identification of Project Topic
Brainstorming rules
• No criticism: Do not criticise one another ideas. This will ensure team
members to generate unusual ideas.
• Come up with as many ideas as possible: Out of box, Wild ideas are
welcomed. Greater the number of ideas, the more likelihood of
winners.
 Identification of Project Topic
Brainstorming Steps
 Gather the participants from as wide a range of disciplines with as broad a range
of experience as possible to bring many more potentially creative ideas.

Write down a brief description of the problem

The leader should take control of the session, initially defining the problem to be
solved with any criteria that must be made, and then keeping the session on
course.
 Identification of Project Topic
Use the description to get everyone mind to zoom in on the problem.

Post the description.

Encourage an enthusiastic, uncritical attitude among barnstormers and

encourage participation by all members of the team.

Write down all the solutions that come to mind. Do not interprets the idea
 Identification of Project Topic
Do not evaluate ideas until the session move to the evaluation phase.

Do not censor any solution no matter how silly it sounds.

The idea is to open up as many possibilities as possible and

breakdown preconceptions about the limits of the problem.

Once all the solutions have been written down, evaluate the list to
determine the best action
 Identification of Project Topic
Post Brainstorming Activities
 After the brainstorming session, the team members have to evaluate
and qualify the idea generated.
 Device standard for evaluating and revising the collected ideas.
 See, how many ideas fit the criteria.
 Discuss methods or ways to develop and prioritise the ideas.
 Some ideas might need to be set aside for future consideration.
 This phase is the beginning of
transforming raw ideas into product
service or process development.
 Intellectual Property (IP)
 Intellectual Property is a category of property that includes
intangible creations of the human intelligence.
 It primarily encompasses idea, inventions, technologies, creation
and discoveries, artworks, music and literature, inventions of
words, phrases, symbols, drawing, designs and painting and
photographs etc.
 It becomes valuable in tangible form as products.
 It is a commercial application of imaginative thought to solve
technical or artistic challenge.
 Intellectual Property Rights (IPR)
 literary, artistic and scientific works,
 performances of performing artists, phonograms, and broadcasts,
 inventions in all fields of human endeavour, scientific
discoveries, industrial designs,
 trademarks, service marks, and commercial names and
designations,
 protection against unfair competition, and
 all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
 Types of Intellectual Property Rights

 Industrial property: includes patents for innovations, trademarks,

industrial designs and geographical indications and

 Copyright: includes literary works such as novels, poems and

plays, films, musical works, artistic works such as drawings,
paintings, photographs and sculptures, and architectural designs.
 Patents
 A patent is an exclusive right granted for an invention, which is a
product or a process that provides a new way of doing something,
or offers a new technical solution to a problem.

 Patent gives the owner the right to exclude others from making,
using, selling, offering to sell for a fixed period of time.

 It is an obligation for patent owners to disclose valuable

information about their inventions to the public.
 Patents
 Protection is granted for a fixed , generally in years.

 Patents provide incentives to individuals or group by recognizing

their creativity and offering the possibility of material reward for
their marketable inventions.

 Incentives encourage innovation, which in turn enhances the

quality of human life.
 Trademarks
 It helps consumers to identify and purchase a product or
service based on its specific characteristics and quality as
indicated by its unique trademark.

 It is usually a combination of one or more words, letters,

signs, symbols, drawings, colours, 3-dimentional signs etc.
 Trademarks are registered with trademark registration
office
 The owner of a trademark may pursue legal action against
trademark infringement or counterfeiting or both.
 Trademarks

 ™ the "trademark symbol", which is the letters "TM" in

superscript, for an unregistered trademark.

 ℠ the “Service Mark” which is the letters "SM" in superscript, for

an unregistered service mark.

 ® the letter "R" surrounded by a circle, for a registered trademark.

 Industrial Design Rights
 It protects the visual design of the product, its ornamental aspects of
appearance.

 It manifests itself in shape, configuration or composition of pattern or

colour, or combination of pattern and colour in 2-dimentional, 3-
dimentional feature, surface finish and so on.

 Generally speaking, it is what makes a product look appealing, and as

such, it increases the commercial value of goods. Will the team be
using a mature technology for the project?
 Geographical Indication
 It is a sign that identify a product as originating in a given place.
 The qualities, characteristics, speciality and reputation of the
goods and products are essentially due to the place of origin.
 Copyrights
 Copyright is a legal right that grants the creator of an original
work exclusive rights for its use and distribution.
 This is usually only for a limited time.
 The exclusive rights are not absolute but limited by limitation and
exceptions to copyright law, including fair use.

 Copyrights are automatic rights in that the protection is obtained

by virtue of creation by the copyright owner.
 Software and algorithms are considered to be forms of
expressions of ideas and are protected by copyrights.
 Criteria for the Grant of Patents

 Is the invention new or novel ?

 Belongs to any one of the patentable subject matter or does not
belong to any one of non-patentable subject matter ?
 Has an inventive step or is non-obvious ?
 Capable of industrial applicability or useful ?
 Novelty of Invention
 Relative novelty : it is said to be present when a grace period
exist from the date of invention was made known publicly before
the earliest filing date.

 Absolute Novelty : it is said to be present when any prior written

or oral publication, demonstration or public use by anybody,
anywhere in the world renders the invention as already known,
and hence unacceptable.

 Local Novelty: It is said to be present when only those publications,

uses or sales that have taken place within that jurisdiction to be novelty
destroying to the invention.
 Inventive Step or non-obviousness

 Inventive Step or non-obviousness: means a feature of an

invention that involves technical advance as compared to the
existing knowledge or having economic significance or both and
that makes the invention not obvious to a person skilled in the
art.
 An invention shall be considered as involving an inventive state if
having regard to the state of the art, it is not obvious to a person
skilled in the art.
 Industrial Applicability

 Industrial Applicability means an invention is capable of being

made or used in an industry.
 It is the final requirement for patentability that is the patent must
be useful.
 It is also a waste of resources of the inventor himself/herself
unless he/she can reap benefits / profits of the patent, which
would happen only invention is producing a useful result.
 Patentable Subject Matter

 New and useful process or product or both

 A Machine
 An article of manufacture
 Composition of matter in any technical field along with
 their new and useful improvements
 Types of Patents

 Utility Patent: it is granted on the functional aspect of the

invention.
 Design Patent: it is granted to the ornamental or external
appearance of the invention.
 Plant Patent : This type of Patent is granted for Plant variety made
through asexual reproduction of plant varieties.
 Patent Search

 Patent search is a search for invention in hope of not finding the

invention.
 The patentability search is universal as inventions cannot be
boundary constraint.
 Patent laws are territorial.
 Computer databases search is quick and relatively
inexpensive.
 Patent Search

 Database searches are most useful for sophisticated inventions,

which can be described by precise, well-known terms of art.
 No search will guarantee the patentability of any invention.
 The object of the search is to make a reasonable assessment of
the prospects for obtaining worthwhile patent protection.
 Patent Search
 Patent search therefore, reveal information about
the patentable subject matter on its
 Prior Art,
 State of the Art,
 Patent Validity or its Expiration,
 Legal Status of the Patent,
 Infringement if any to avoid or to Sue,
 Opposition to the patent,
 Potential Partners for Licensing in or licensing out
and in general about the Patent Family.
 Intellectual Property Laws
 Provide legal protection of ownership of intangible assets to its
inventor.

 It gives legal rights to people to develop creative works that

benefit humanity for its trade and business, thereby making profit
as incentive.
 Intellectual Property Laws
 The Patents Act. 1970 and Rules 1972 and amendments to this act
and rules framed up to 2017.
 The Trade Mark Act, 1999 and Rules 2002 and amendments to
Rules 2017.
 Copyright act 1957 and Rules , 2013 and amendments to rules
2021
 The Geographical Indications of Goods, Registration and
Protection Act, 1999
 Indian Design Act, 2000
 The Protection of Plant Varieties and Farmer’s Right Act, 2001
 The Patents Act. 2017
 Sections 3, 4 and 5 provides information about inventions which
are not patentable
 Invention contrary to natural law
 Invention related to atomic energy
 Invention contrary to public order or morality
 Invention injurious to public health
 Invention based on traditional knowledge
 Invention of abstract theoretical knowledge etc.
 The Patents Act. 2017
 Sections 6,7,8,9 and 10 provide information for the steps
involved in filing application.
 An inventor, his/her assignee or legal representative can file
patent application.
 Every application for a patent for one invention only.
 Foreign application to give undertaking to furnish information
if any patent application filed outside India.
 A complete specification of the invention shall be filed within
12 months from the date of filing of the provisional
application.
 The Patents Act. 1970

 Section 43, 44, 45 and 46 provide information on Patents

Rights
 If the patent application has been finally decided the patent
shall be granted as quickly as possible to the applicant
 The controller publishes the grant and all documents related
to it are open to public scrutiny
 The Patents Act. 1970

 In the case of demise of the patentee, the Controller may

suitably amend the patent by substituting the name of the
deceased
 Every patent shall be dated as of the date on which the
application for patent was filed
 Every patent should be in the prescribed form and is effective
throughout India, also a patent is granted for one invention
only
 The Copyrights Act. 1957

As per section 13 of the copyright act, copyrights subsist

throughout India in the following classes of work:

 Original, literary, dramatic, musical and artistic work

 Cinematograph films and
 Sound recordings
 The Copyrights Act. 1957

As per section 14, copyright means, the exclusive right to do or

authorise the doing of any of the following acts in respect of a
literary, dramatic or musical work, not being a computer
programme:
 To reproduce the work in any material form including the
storing of it in any medium by electronic means
 To issue copies of the work to the public not being copies
already in circulation
 The Copyrights Act. 1957

 To perform the work in public, or communicate it to the public

 To make any cinematograph film or sound recording in respect
of the work
 To make any translation of the work
 To make any adaptation of the work etc.
 Terms of a copyright
 As per section 22, copyright shall subsist for published work
within the lifetime of the author until 60 years after the death
of author.
 As per section 23, copyright shall subsist for anonymously or
pseudonymously published work for 60 years from the date of
publication.
 As per section 24, copyright shall subsist for 60 years from
year of its first publication.
 India Innovation Index 2021

• India aims to be into top 25 countries in the GII

• 7 pillars (5 enablers measures the inputs and 2
performance pillars measure the outputs)
• Enablers pillars (Human capital , investment,
Knowledge workers, Business Environment and
safety and Legal Environment)
• Performance Pillars( Knowledge output and
Knowledge Diffusion)
• 66 indicators increased from 36 in 16 sub-pillars
• 28 states and 8 union territories were covered
• Among the North-Eastern and Hilly
States, Manipur is the best performer
• 16 states performed above national
average
• Human capital is the highest performing
pillar with an average score of 25.60
• GII was launched in 2007 and ranks the
innovation ecosystem performance
around the globe each year highlighting
innovation strengths and weaknesses and
particular gaps in innovation metrics
Educationists should build the
capacities of the spirit of inquiry,
creativity, entrepreneurial and
moral leadership among students
and become their role model –
Dr. A. P.J. Abdul Kalam

Thanks
Thank You