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100 D AYS 100
PATENTS D RIVE
W HAT          IS PATENT ?

   A patent is an exclusive right granted to a person who
    has invented a new and useful product or process
    (eg: High-power argon/nitrogen transfer laser invented by
    Bhaumik Mani L., Sir Abrahim Lincoln received a patent for flotation
    device)

   The exclusive right is territorial ( i.e patent granted in India
    is valid in India only) and for limited period ( i.e 20 years)

   During the term of the patent, the patentee (i.e owner of
    patent) can exclude others from making, using, offering
    for sale, or selling their invention throughout the
    territory (i.e India for Indian patent) or importing their
    invention into that territory
   Patentee can sell, assign, and license to others to use
    or exploit his patent
W HY       PATENT ?

 o To Prevent Free rider

 oTo stimulate technical progress by encouraging
 research and development

 o Patent promotes creation of new product and process,
 industry encouraged to manufacture new and better
 products and an expansion of industry based upon
 inventions take place. Thus employment, national wealth
 and higher living standard are created (source: Ayyangar’s
 report (1959))

"The patent   system adds the fuel of interest to the fire
of genius„
…Abraham Lincoln
W HAT           CAN BE             PATENTED ?

   An invention relating to a new product or
    process that is

    Novel      (i.e subject matter has not fallen in the public
    domain or that it does not form part of the state of art)

   Involving an inventive step                 (i.efeature of an
    invention that involves technical advance as compared to the
    existing knowledge or having economic significance or both
    that makes the invention not obvious to a person skilled in
    the art)

   Capable of industrial application
W HAT CANNOT BE PATENTED
                    IN I NDIA ?


    A mere of a scientific principle or the formulation of
     abstract theory
    ‘the mere discovery of a scientific principle’,
     ‘topography of integrated circuits’, etc.
    A method of agriculture
    A mathematical or business method or a computer
     program per se or algorithm
    For further information, visit:
     http://ipindia.nic.in/ipr/patent/patact1970-3-
     99.html#chap2
PROCEDURE
              Patent Application filed at appropriate Patent Office
                                              Publication after 18th Month or Express Request for
                                              Publication if any within 18 months from date of filing)
                                                   Opposition

                                                                             No Opposition or opposition
                                                                             in favor of applicant
                                                   Request for Examination


                                Substantive Examination


                                       FER      Meet objection against FER




           Refused                                                       Accepted

                                                                     Notified in Official Gadget
       Appeal to Apple
       ate Board                                                             Opposition


                                                                                      No Opposition or opposition in
Accepted             Rejected
                                                              Granted                 favour of applicant
H OW TO G ET PATENT IN I NDIA
       F ROM IIT-K HARAGPUR ?

   Invent new product or process

   Do prior art search to prove the novelty and non
    obviousness of invention

   Complete the invention disclosure form and submit the
    same to IP cell (i.e Prof. in-charge IPR)

   IP cell will review and asked for presentation

   If approved IP cell will recommend for filing patent
    application

   Patent application is filed through registered patent
    agent
USP         OF THE             D RIVE

   LEGAL ASSISTANCE :
       Search and invention disclosure form – by
        RGSOIPL
       Final draft and filing – by a registered law firm

   PROCEDURAL ASSISTANCE :
       By the facilitation team comprising of professors,
        TTG members and volunteers from RGSOIPL

   FINANCIAL ASSISTANCE (of the eligible
    applications) :
       By SRIC, IIT Kharagpur
S UCCESS S TORIES OF
                  K GPIANS
   Prof. S. K. Guha ( SMST, Alumnus of Elec. Engg. )

        Indigenously developed non-hormonal polymer based inject
         able male contraceptive (RISUG) for which the Final Phase-III
         Clinical trials are underway; Has more then 100 research
         papers
   Prof. S. De ( Dept. of Chemical Engineering)

        Owns 6 patents; Recipient of DAE-SRC Outstanding
         Investigator Award (2012) and Shanti Swarup Bhatnagar Prize
         (2011)
   Dr. Biswadip Mitra ( Distinguished Alumnus, E&ECE)

        President and MD, Texas Instruments; Co-inventor of a crucial
         patent in medical imaging; Chair of several International
         Committees and Conferences

   Dr. Mani L. Bhaumick (an alumnus of IIT Kharagpur)

        who invented the vision correction laser technology and also
         won the Padma Shri in 2011.

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100 days 100_patents_drive

  • 1. 100 D AYS 100 PATENTS D RIVE
  • 2. W HAT IS PATENT ?  A patent is an exclusive right granted to a person who has invented a new and useful product or process (eg: High-power argon/nitrogen transfer laser invented by Bhaumik Mani L., Sir Abrahim Lincoln received a patent for flotation device)  The exclusive right is territorial ( i.e patent granted in India is valid in India only) and for limited period ( i.e 20 years)  During the term of the patent, the patentee (i.e owner of patent) can exclude others from making, using, offering for sale, or selling their invention throughout the territory (i.e India for Indian patent) or importing their invention into that territory  Patentee can sell, assign, and license to others to use or exploit his patent
  • 3. W HY PATENT ? o To Prevent Free rider oTo stimulate technical progress by encouraging research and development o Patent promotes creation of new product and process, industry encouraged to manufacture new and better products and an expansion of industry based upon inventions take place. Thus employment, national wealth and higher living standard are created (source: Ayyangar’s report (1959)) "The patent system adds the fuel of interest to the fire of genius„ …Abraham Lincoln
  • 4. W HAT CAN BE PATENTED ?  An invention relating to a new product or process that is  Novel (i.e subject matter has not fallen in the public domain or that it does not form part of the state of art)  Involving an inventive step (i.efeature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both that makes the invention not obvious to a person skilled in the art)  Capable of industrial application
  • 5. W HAT CANNOT BE PATENTED IN I NDIA ?  A mere of a scientific principle or the formulation of abstract theory  ‘the mere discovery of a scientific principle’, ‘topography of integrated circuits’, etc.  A method of agriculture  A mathematical or business method or a computer program per se or algorithm  For further information, visit: http://ipindia.nic.in/ipr/patent/patact1970-3- 99.html#chap2
  • 6. PROCEDURE Patent Application filed at appropriate Patent Office Publication after 18th Month or Express Request for Publication if any within 18 months from date of filing) Opposition No Opposition or opposition in favor of applicant Request for Examination Substantive Examination FER Meet objection against FER Refused Accepted Notified in Official Gadget Appeal to Apple ate Board Opposition No Opposition or opposition in Accepted Rejected Granted favour of applicant
  • 7. H OW TO G ET PATENT IN I NDIA F ROM IIT-K HARAGPUR ?  Invent new product or process  Do prior art search to prove the novelty and non obviousness of invention  Complete the invention disclosure form and submit the same to IP cell (i.e Prof. in-charge IPR)  IP cell will review and asked for presentation  If approved IP cell will recommend for filing patent application  Patent application is filed through registered patent agent
  • 8. USP OF THE D RIVE  LEGAL ASSISTANCE :  Search and invention disclosure form – by RGSOIPL  Final draft and filing – by a registered law firm  PROCEDURAL ASSISTANCE :  By the facilitation team comprising of professors, TTG members and volunteers from RGSOIPL  FINANCIAL ASSISTANCE (of the eligible applications) :  By SRIC, IIT Kharagpur
  • 9. S UCCESS S TORIES OF K GPIANS  Prof. S. K. Guha ( SMST, Alumnus of Elec. Engg. )  Indigenously developed non-hormonal polymer based inject able male contraceptive (RISUG) for which the Final Phase-III Clinical trials are underway; Has more then 100 research papers  Prof. S. De ( Dept. of Chemical Engineering)  Owns 6 patents; Recipient of DAE-SRC Outstanding Investigator Award (2012) and Shanti Swarup Bhatnagar Prize (2011)  Dr. Biswadip Mitra ( Distinguished Alumnus, E&ECE)  President and MD, Texas Instruments; Co-inventor of a crucial patent in medical imaging; Chair of several International Committees and Conferences  Dr. Mani L. Bhaumick (an alumnus of IIT Kharagpur)  who invented the vision correction laser technology and also won the Padma Shri in 2011.