Professional Documents
Culture Documents
Research Methodology
Formulating a hypothesis
Reaching conclusion
Motivations in Research
The factors that motivate people to undertake research are
1. Desire to get a research degree along with its consequential benefits
2. Desire to face the challenge in solving the unsolved problems
3. Desire to get intellectual joy of doing some creative work
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Research Process
Research process consists of series of actions or steps necessary to effectively carry
out research and the desired sequencing of these steps.
The various steps involved in a research process are not mutually exclusive; nor they
are separate and distinct.
They do not necessarily follow each other in any specific order.
However, the following order concerning various steps provides a useful procedural
guideline regarding the research process:
1. Formulating the research problem
2. Extensive literature survey
3. Development of working hypotheses
4. Preparing the research design
5. Determining sample design
6. Collecting the data
7. Execution of the project
8. Analysis of data
9. Hypothesis-testing
10. Generalizations and interpretation
11. Preparation of the report or the thesis
Some problems do not need working hypotheses, specially in the case of exploratory or
formulative researches the hypothesis.
4. Preparing the research design:
The function of research design is to provide relevant evidence with minimal expenditure
and effort.
The preparation of the research design involves:
(i) the means of obtaining the information
(ii) the availability and skills of the researcher and his staff (if any)
(iii) Organization of information
(iv) time available for research
(v) finance available for the research.
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Thus, the plan to select 12 of a city’s 200 drugstores in a certain way constitutes a sample
design.
The important sample designs are as follows:
(i) Deliberate sampling:
It is also known as purposive or non-probability sampling.
It involves deliberate selection of particular units from the population.
(ii) Simple random sampling:
It is also known as chance sampling or probability sampling where each and every item in
the population has an equal probability of inclusion.
(iii) Systematic sampling: Sometimes it is practical to pick every nth element on a list.
Sampling of this type is known as systematic sampling.
(iv) Stratified sampling: If the population is non-homogeneous, then stratified sampling
technique is applied. In this technique, the population is stratified into a number of
nonoverlapping subpopulations or strata and sample items are selected from each stratum.
(v) Quota sampling:
Quota samples are non-probability samples which are generally judgement samples rather
than random samples.
(vi) Cluster sampling and area sampling: Cluster sampling involves grouping the
population and then selecting the groups or the clusters rather than individual elements for
inclusion in the sample.
Under area sampling we first divide the total area into a number of smaller non-overlapping
areas, then a number of these smaller areas are randomly selected and all units in these
small areas are included in the sample.
(vii) Multi-stage sampling: This is meant for big inquiries extending to a considerably
large geographical area like an entire country.
In this, the first stage may be to select large primary sampling units such as states, then
districts, then towns and finally certain families within towns.
(viii) Sequential sampling: The size of the sample is not fixed in advance but is
determined according to mathematical decisions on the basis of information yielded as
survey progresses.
observations.
In the case of a survey, data can be collected by observation, personal interview, telephone
interviews, mailing questionnaires or Through trained enumerators
8. Analysis of data:
The analysis of data involves coding, tabulation and then drawing statistical inferences.
9. Hypothesis-testing:
After analysing the data, the researcher can test the formulated hypotheses earlier.
Various tests, such as Chi square test, t-test, F-test, have been developed by statisticians
for the purpose.
Hypothesis-testing will result in either accepting the hypothesis or in rejecting it.
The preliminary pages should carry title, acknowledgements, foreword, table of contents,
list of figures, list of tables, list of graphs and charts given in the report.
The main text of the report should have:
(a) Introduction: It should contain objectives of the research, scope of the study, limitations
and explanation of the methodology adopted in accomplishing the research.
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The design of a research topic explains the type of research (experimental, survey
research, correlational, semi-experimental, review) and also its sub-type (experimental
design, research problem, descriptive case-study).
There are three main types of designs for research: 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 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 are:
out when the problem is at a preliminary stage. It is often referred to as grounded theory
approach or interpretive research as it used to answer questions like what, why and how.
For example: Consider a scenario where a juice bar owner feels that increasing the variety of
juices will enable increase in customers, however he is not sure and needs more information.
The owner intends to carry out an exploratory research to find out and hence decides to do an
exploratory research to find out if expanding their juices selection will enable him to get
more customers of if there is a better idea.
Another example of exploratory research is a podcast survey template that can be used to
collect feedback about the podcast consumption metrics both from existing listeners as well
as other podcast listeners that are currently not subscribed to this channel. This helps the
author of the podcast create curated content that will gain a larger audience.
Interviews: While you may get a lot of information from public sources, but sometimes an in
person interview can give in-depth information on the subject being studied. Such a research
is a qualitative research method. An interview with a subject matter expert can give you
meaningful insights that a generalized public source won’t be able to provide. Interviews are
carried out in person or on telephone which have open-ended questions to get meaningful
information about the topic.
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For example: An interview with an employee can give you more insights to find out the
degree of job satisfaction, or an interview with a subject matter expert of quantum theory can
give you in-depth information on that topic.
Focus groups: Focus group is yet another widely used method in exploratory research. In
such a method a group of people is chosen and are allowed to express their insights on the
topic that is being studied. Although, it is important to make sure that while choosing the
individuals in a focus group they should have a common background and have comparable
experiences.
For example: A focus group helps a research identify the opinions of consumers if they were
to buy a phone. Such a research can help the researcher understand what the consumer value
while buying a phone. It may be screen size, brand value or even the dimensions. Based on
which the organization can understand what are consumer buying attitudes, consumer
opinions, etc.
Online research: In today’s world, this is one of the fastest way to gather information on any
topic. A lot of data is readily available on the internet and the researcher can download it
whenever he needs it. An important aspect to be noted for such a research is the genuineness
and authenticity of the source websites that the researcher is gathering the information from.
For example: A researcher needs to find out what is the percentage of people that prefer a
specific brand phone. The researcher just enters the information he needs in a search engine
and gets multiple links with related information and statistics.
Literature research: Literature research is one of the most inexpensive method used for
discovering a hypothesis. There is tremendous amount of information available in libraries,
online sources, or even commercial databases. Sources can include newspapers, magazines,
books from library, documents from government agencies, specific topic related articles,
literature, Annual reports, published statistics from research organizations and so on.
However, a few things have to be kept in mind while researching from these sources.
Government agencies have authentic information but sometimes may come with a nominal
cost. Also, research from educational institutions is generally overlooked, but in fact
educational institutions carry out more number of research than any other entities.
Furthermore, commercial sources provide information on major topics like political agendas,
demographics, financial information, market trends and information, etc.
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For example: A company has low sales. It can be easily explored from available statistics and
market literature if the problem is market related or organization related or if the topic being
studied is regarding financial situation of the country, then research data can be accessed
through government documents or commercial sources.
Case study research: Case study research can help a researcher with finding more
information through carefully analyzing existing cases which have gone through a similar
problem. Such analysis are very important and critical especially in today’s business world.
The researcher just needs to make sure he analyses the case carefully in regards to all
the variables present in the previous case against his own case. It is very commonly used by
business organizations or social sciences sector or even in the health sector.
For example: A particular orthopedic surgeon has the highest success rate for performing
knee surgeries. A lot of other hospitals or doctors have taken up this case to understand and
benchmark the method in which this surgeon does the procedure to increase their success
rate.
Grounded theory Researchers collect rich data on a topic of interest and develop
theories inductively.
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Narrative research Researchers examine how stories are told to understand how
participants perceive and make sense of their experiences.
• Observations: recording what you have seen, heard, or encountered in detailed field
notes.
• Interviews: personally asking people questions in one-on-one conversations.
• Focus groups: asking questions and generating discussion among a group of people.
• Surveys: distributing questionnaires with open-ended questions.
• Secondary research: collecting existing data in the form of texts, images, audio or
video recordings, etc.
Most types of qualitative data analysis share the same five steps:
1. Prepare and organize your data. This may mean transcribing interviews or typing
up fieldnotes.
2. Review and explore your data. Examine the data for patterns or repeated ideas that
emerge.
3. Develop a data coding system. Based on your initial ideas, establish a set of codes
that you can apply to categorize your data.
4. Assign codes to the data. For example, in qualitative survey analysis, this may mean
going through each participant’s responses and tagging them with codes in a
spreadsheet. As you go through your data, you can create new codes to add to your
system if necessary.
5. Identify recurring themes. Link codes together into cohesive, overarching themes.
• Flexibility
The data collection and analysis process can be adapted as new ideas or patterns emerge.
They are not rigidly decided beforehand.
• Natural settings
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• Meaningful insights
Open-ended responses mean that researchers can uncover novel problems or opportunities
that they wouldn’t have thought of otherwise.
• Unreliability
The real-world setting often makes qualitative research unreliable because of uncontrolled
factors that affect the data.
• Subjectivity
Due to the researcher’s primary role in analyzing and interpreting data, qualitative research
cannot be replicated. The researcher decides what is important and what is irrelevant in data
analysis, so interpretations of the same data can vary greatly.
• Limited generalizability
Small samples are often used to gather detailed data about specific contexts. Despite rigorous
analysis procedures, it is difficult to draw generalizable conclusions because the data may be
biased and unrepresentative of the wider population.
• Labour-intensive
Although software can be used to manage and record large amounts of text, data analysis
often has to be checked or performed manually.
The term observational research is used to refer to several different types of non-
experimental studies in which behaviour is systematically observed and recorded. The goal of
observational research is to describe a variable or set of variables. More generally, the goal is
to obtain a snapshot of specific characteristics of an individual, group, or setting. As
described previously, observational research is non-experimental because nothing is
manipulated or controlled, and as such we cannot arrive at causal conclusions using this
approach. The data that are collected in observational research studies are often qualitative in
nature but they may also be quantitative or both (mixed-methods).
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There are several different types of observational research designs that will be described
below.
1.participant
2.non participant
3.Naturalistic observation
4. simulation
The researcher does not participate in the activities of the group being observed.
3) naturalistic observation
4) simulation observation
CASE STUDIES
A case study is an in-depth examination of an individual. Sometimes case studies are also
completed on social units (e.g., a cult) and events (e.g., a natural disaster). Most commonly in
psychology, however, case studies provide a detailed description and analysis of an
individual. Often the individual has a rare or unusual condition or disorder or has damage to
a specific region of the brain.
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04. These studies usually have larger samples. These studies usually have smaller samples.
The surveyor does not manipulate the The researcher may manipulate the variable
05. variable or arrange for events to happen. or arrange for events to happen.
10. Surveys often deals with secondary data. Experiments deal with primary data.
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15. Surveys can focus on broad topics. Experiments focuses on specific topic.
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Measurements
Measurement Scales
Nominal Scale
This is a method of measuring the objects or events into a discrete category. This is regarded
as the most basic form of measurement. Here we assign a number to an object only for the
identification of the object. So it is a categorical data or qualitative data. Here the numbers
are only used for labeling the object, and there is no quantitative value at all. This is used to
categories the data into different groups. In a survey, all the respondence are divided into
different categories, which should be mutually exclusive and collectively exhaustive. Here
the categories have no predefined order.
Examples of nominal scale data connection using a questionnaire.
1. Specify your gender
1. Male
2. Female
2. Are you Married?
1. Yes
2. No
3. You are from
1. Urban
2. Rural
4. Specify your working department
1. Marketing
2. HR
3. Finance
4. Sales
5. Production
6. Operations
5. Specify your food habit
1. Vegetarian
2. No-Vegetarian
Here we can assign number to each option like 1 to Male and 2 to female, and 1 to Yes, and 2
to No, 1 to Urban, 2 to Rural, 1 to Marketing, 2 to HR, 3 to Finance etc.
Here these numbers have no quantitative values; they only represent the category. So we
cannot apply any arithmetic operations in this type of sale. We can only count the number of
items in each category.
Here we can prepare a frequency distribution table for representing this nominal data.
Ordinal Scale
The ordinal scale is the next level of data measurement scale. Here we measure according to
the rank order of the data without considering the degree of difference between the
data. Here the “Ordinal” is the indication of “Order”. In ordinal measurement, we assign a
numerical value to the variables based on their relative ranking or positioning in comparison
with other data in that group. An ordinal scale is indicating the logical hierarchy among
variables under observation.
Here the data has an order. In a nominal scale, there is no predefined order for arranging the
data. But here the data is arranged according to some predefined order, but not considering
the magnitude of difference. The ranking scale tells us the relative position of the objects
under study.
Suppose in a 100-meter race John finished first, Tom finished second, Mathew
finished 3 and Xavier finished fourth. Here we explain the data in ranking scale. We arrange
the data according to the relative position of the data set. Here we not consider the magnitude
of difference between John and Tom, Tom and Mathew, Mathew and Xavier. They may not
finish in the equal interval, that is Tom finished 5 seconds after John, Mathew finished 9
seconds after Tom, and Xavier finished 18 seconds after Mathew. Here we do not consider
this magnitude of difference, but only the order of the finishing position.
Examples of Ordinal scale data (Rank Scale) connection using a questionnaire.
Example: Rank your feature preferences when you buy a mobile phone. The most preferred
feature should be ranked one, the second preferred feature should be rank two and so on.
Rank the following mobile brand in order of your preference, the most preferred mobile
brand should be ranked one, the second most preferred should be ranked two and so on.
To know the descriptive analysis of the ranking scale, watch the video.
Ranking Scale Questionnaire - How to tabulate, analyse and prepare graph using MS Excel.
Interval Scale
It is the next higher level of measurement. It overcomes the limitation of ordinal scale
measurement. In the ordinal scale, the magnitude of the difference is unimportant, but here on
an interval scale, the magnitude of the difference is important. In the interval scale, the
difference between the two variables has a meaningful interpretation. In the interval scale, the
difference between variables is equal distance. The distance between any two adjacent
attributes is called an interval, and intervals are always equal.
Examples of Interval Scale data connection using questionnaire.
How likely do you recommend our product to your friends or relatives?
Likert scale is a tool to collect interval data, which is developed by Rensis Likert
To know the descriptive analysis of the interval scale , watch the video.
How to tabulate, analyze, and prepare graph from Likert Scale questionnaire data using Ms
Excel.
Ratio Scale
Ratio scale is purely quantitative. Among the four levels of measurement, ratio scale
is the most precise. The score of zero in ratio scale is not arbitrary compared to the other
three scales.
This is the unique quality of ratio scale data. It represents all the characteristics of nominal,
ordinal, and interval scales. Examples of ratio scales are age, wight, height, income, distance
etc.
Examples of Interval Scale (Ranking Scale) data connection using questionnaire.
Specify you monthly income :
How many students are there in your institution? :
Number of departments in your organisation :
What is a Questionnaire?
Open-ended, long-form questions offer the respondent the ability to elaborate on their
thoughts. Research questionnaires were developed in 1838 by the Statistical Society of
London.
The data collected from a data collection questionnaire can be both qualitative as well
as quantitative in nature. A questionnaire may or may not be delivered in the form of
a survey, but a survey always consists of a questionnaire.
Questionnaire Examples
The best way to understand how questionnaires work is to see the types of questionnaires
available. Some examples of a questionnaire are:
1. Customer Satisfaction Questionnaire: This type of research can be used in any situation
where there’s an interaction between a customer and an organization. For example, you
might send a customer satisfaction survey after someone eats at your restaurant. You can
use the study to determine if your staff is offering excellent customer service and a positive
overall experience.
2. Product Use Satisfaction: You can use this template to better understand your product’s
usage trends and similar products. This also allows you to collect customer preferences
about the types of products they enjoy or want to see on the market.
3. Company Communications Evaluation: Unlike the other examples, a company
communications evaluation looks at internal and external communications. It can be used
to check if the policies of the organization are being enforced across the board, both with
employees and clients.
The above survey questions are typically easy to use, understand, and execute. Additionally,
the standardized answers of a survey questionnaire instead of a person-to-person conversation
make it easier to compile useable data.
The most significant limitation of a data collection questionnaire is that respondents need to
read all of the questions and respond to them. For example, you send an invitation through
email asking respondents to complete the questions on social media. If a target respondent
doesn’t have the right social media profiles, they can’t answer your questions.
Your survey design depends on the type of information you need to collect from respondents.
Qualitative questionnaires are used when there is a need to collect exploratory information to
help prove or disprove a hypothesis. Quantitative questionnaires are used to validate or test a
previously generated hypothesis. However, most questionnaires follow some essential
characteristics:
You can use multiple question types in a questionnaire. Using various question types can help
increase responses to your research questionnaire as they tend to keep participants more
engaged. The best customer satisfaction survey templates are the most commonly used for
better insights and decision-making.
choice questions have all of the answer types. For example, you probably won’t have the
wrong or right answers if you’re looking for customer opinion.
• Scaling Questions: These questions are based on the principles of the four measurement
scales – nominal, ordinal, interval, and ratio. A few of the question types that utilize these
scales’ fundamental properties are rank order questions, Likert scale questions, semantic
differential scale questions, and Stapel scale questions.
• Pictorial Questions: This question type is easy to use and encourages respondents to
answer. It works similarly to a multiple-choice question. Respondents are asked a question,
and the answer choices are images. This helps respondents choose an answer quickly
without over-thinking their answers, giving you more accurate data.
• Online Questionnaire: In this type, respondents are sent the questionnaire via email or
other online mediums. This method is generally cost-effective and time-efficient.
Respondents can also answer at leisure. Without the pressure to respond immediately,
responses may be more accurate. The disadvantage, however, is that respondents can easily
ignore these questionnaires. Read more about online surveys.
• Telephone Questionnaire: A researcher makes a phone call to a respondent to collect
responses directly. Responses are quick once you have a respondent on the phone.
However, a lot of times, the respondents hesitate to give out much information over the
phone. It is also an expensive way of conducting research. You’re usually not able to
collect as many responses as other types of questionnaires, so your sample may not
represent the broader population.
• In-House Questionnaire: This type is used by a researcher who visits the respondent’s
home or workplace. The advantage of this method is that the respondent is in a comfortable
and natural environment, and in-depth data can be collected. The disadvantage, though, is
that it is expensive and slow to conduct.
• Mail Questionnaire: These are starting to be obsolete but are still being used in
some market research studies. This method involves a researcher sending a physical data
collection questionnaire request to a respondent that can be filled in and sent back. The
advantage of this method is that respondents can complete this on their own time to answer
truthfully and entirely. The disadvantage is that this method is expensive and time-
consuming. There is also a high risk of not collecting enough responses to make actionable
insights from the data.
Questionnaire design is a multistep process that requires attention to detail at every step.
Researchers are always hoping that the responses received for a survey questionnaire yields
useable data. If the questionnaire is too complicated, there is a fair chance that the respondent
might get confused and will drop out or answer inaccurately.
As a survey creator, you may want to pre-test the survey by administering it to a focus group
during development. You can try out a few different questionnaire designs to determine
which resonates best with your target audience. Pre-testing is a good practice as the survey
creator can comprehend the initial stages if there are any changes required in the survey.
Think about what your questionnaire is going to include before you start designing the look
of it. The clarity of the topic is of utmost importance as this is the primary step in creating the
questionnaire. Once you are clear on the purpose of the questionnaire, you can begin the
design process.
2. Keep it simple:
The words or phrases you use while writing the questionnaire must be easy to understand. If
the questions are unclear, the respondents may simply choose any answer and skew the data
you collect.
At times, a researcher may be tempted to add two similar questions. This might seem like an
excellent way to consolidate answers to related issues, but it can confuse your respondents or
lead to inaccurate data. If any of your questions contain the word “and,” take another look.
This question likely has two parts, which can affect the quality of your data.
While designing, the survey creator needs to be flexible in terms of “option choice” for the
respondents. Sometimes the respondents may not necessarily want to choose from the answer
options provided by the survey creator. An “other” option often helps keep respondents
engaged in the survey.
The survey creator might end up in a situation where they need to make distinct choices
between open or close-ended questions. The question type should be carefully chosen as it
defines the tone and importance of asking the question in the first place.
A researcher should know their target audience. For example, if the target audience speaks
mostly Spanish, sending the questionnaire in any other language would lower the response
rate and accuracy of data. Something that may seem clear to you may be confusing to your
respondents. Use simple language and terminology that your respondents will understand,
and avoid technical jargon and industry-specific language that might confuse your
respondents.
For efficient market research, researchers need a representative sample collected using one of
the many sampling techniques, such as a sample questionnaire. It is imperative to plan and
define these target respondents based on the demographics required.
QuestionPro is a simple yet advanced survey software platform that the surveyors can
use to create a questionnaire or choose from the already existing 300+ questionnaire
templates.
Always save personal questions for last. Sensitive questions may cause respondents to drop
off before completing. If these questions are at the end, the respondent has had time to
become more comfortable with the interview and are more likely to answer personal or
demographic questions.
Questionnaire Survey
A questionnaire can is a research A survey is a research method used for
instrument that consists of a set of collecting data from a pre-defined group
Meaning
questions to collect information from of respondents to gain information and
a respondent. insights on various topics of interest.
Process of collecting and analyzing that
What is it? The instrument of data collection
data
Consists of questionnaire and survey
Characteristic Subset of survey
design, logic and data collection
Time and
Fast and cost-effective Much slower and expensive
Cost
Use Conducted on the target audience Distributed or conducted on respondents
Close-ended and very rarely open-
Questions Close-ended and open-ended
ended
Answers Objective Subjective or objective
What is sampling?
It is also a time-convenient and a cost-effective method and hence forms the basis of
any research design. Sampling techniques can be used in a research survey software for
optimum derivation.
For example, if a drug manufacturer would like to research the adverse side effects of a drug
on the country’s population, it is almost impossible to conduct a research study that involves
everyone. In this case, the researcher decides a sample of people from each demographic and
then researches them, giving him/her indicative feedback on the drug’s behavior.
For example, in a population of 1000 members, every member will have a 1/1000 chance of
being selected to be a part of a sample. Probability sampling eliminates bias in the population
and gives all members a fair chance to be included in the sample.
• Simple random sampling: One of the best probability sampling techniques that helps
in saving time and resources, is the Simple Random Sampling method. It is a
reliable method of obtaining information where every single member of a
population is chosen randomly, merely by chance. Each individual has the same
probability of being chosen to be a part of a sample.
For example, in an organization of 500 employees, if the HR team decides on
conducting team building activities, it is highly likely that they would prefer
picking chits out of a bowl. In this case, each of the 500 employees has an equal
opportunity of being selected.
• Cluster sampling: Cluster sampling is a method where the researchers divide the
entire population into sections or clusters that represent a population. Clusters are
identified and included in a sample based on demographic parameters like age, sex,
location, etc. This makes it very simple for a survey creator to derive effective
inference from the feedback.
For example, if the United States government wishes to evaluate the number of
immigrants living in the Mainland US, they can divide it into clusters based on
states such as California, Texas, Florida, Massachusetts, Colorado, Hawaii, etc.
This way of conducting a survey will be more effective as the results will be
organized into states and provide insightful immigration data.
• Systematic sampling: Researchers use the systematic sampling method to choose the
sample members of a population at regular intervals. It requires the selection of a
starting point for the sample and sample size that can be repeated at regular
intervals. This type of sampling method has a predefined range, and hence this
sampling technique is the least time-consuming.
For example, a researcher intends to collect a systematic sample of 500 people in a
population of 5000. He/she numbers each element of the population from 1-5000
and will choose every 10th individual to be a part of the sample (Total population/
Sample Size = 5000/500 = 10).
• Stratified random sampling: Stratified random sampling is a method in which the
researcher divides the population into smaller groups that don’t overlap but
represent the entire population. While sampling, these groups can be organized and
then draw a sample from each group separately.
For example, a researcher looking to analyze the characteristics of people
belonging to different annual income divisions will create strata (groups) according
to the annual family income. Eg – less than $20,000, $21,000 – $30,000, $31,000 to
$40,000, $41,000 to $50,000, etc. By doing this, the researcher concludes the
characteristics of people belonging to different income groups. Marketers can
analyze which income groups to target and which ones to eliminate to create a
roadmap that would bear fruitful results.
Uses of probability sampling
There are multiple uses of probability sampling:
• Reduce Sample Bias: Using the probability sampling method, the bias in the sample
derived from a population is negligible to non-existent. The selection of the sample
mainly depicts the understanding and the inference of the researcher. Probability
sampling leads to higher quality data collection as the sample appropriately
represents the population.
• Diverse Population: When the population is vast and diverse, it is essential to have
adequate representation so that the data is not skewed towards one demographic.
For example, if Square would like to understand the people that could make their
point-of-sale devices, a survey conducted from a sample of people across the US
from different industries and socio-economic backgrounds helps.
• Create an Accurate Sample: Probability sampling helps the researchers plan and
create an accurate sample. This helps to obtain well-defined data.
Types of non-probability sampling with examples
The non-probability method is a sampling method that involves a collection of feedback
based on a researcher or statistician’s sample selection capabilities and not on a fixed
selection process. In most situations, the output of a survey conducted with a non-probable
sample leads to skewed results, which may not represent the desired target population. But,
there are situations such as the preliminary stages of research or cost constraints for
conducting research, where non-probability sampling will be much more useful than the other
type.
Four types of non-probability sampling explain the purpose of this sampling method in a
better manner:
Alternatively
Random sampling method. Non-random sampling method
Known as
The data preparation process is shown in Figure 17.1. The entire process is guided by
the preliminary plan of data analysis that was formulated in the research design phase. The first
step is to check for acceptable questionnaires. This is followed by editing, coding and
transcribing the data. The data are cleaned and a treatment for missing responses is prescribed.
Often, after the stage of sample validation, statistical adjustment of the data may be necessary
to make them representative of the population of interest. The researcher should then select an
appropriate data analysis strategy. The final data analysis strategy differs from the preliminary
plan of data analysis due to the information and insights gained since the preliminary plan was
formulated. Data preparation should begin as soon as the first batch of questionnaires is
received from the field, while the fieldwork is still going on. Thus, if any problems are detected,
the fieldwork can be modified to incorporate corrective action.
fieldwork is still under way. If the fieldwork was contracted to a data collection agency, the
researcher should make an independent check after it is over. A question naire returned from
the field may be unacceptable for several reasons:
1. Parts of the questionnaire may be incomplete.
2. The pattern of responses may indicate that the respondent did not understand or follow the
instructions. For example, filter questions may not have been followed
3. The responses show little variance. For example, a respondent has ticked only 4s on a
series of seven-point rating scales.
4. The returned questionnaire is physically incomplete: one or more pages is missing. Chapter
17 • Data preparation 422 Editing A review of the questionnaires with the objective of
increasing accuracy and precision. Coding Assigning a code to represent a specific response
to a specific question along with the data record and column position that the code will
occupy.
5 The questionnaire is received after the pre-established cut-off date.
6 The questionnaire is answered by someone who does not qualify for participation
Editing
Editing is the review of the questionnaires with the objective of increasing accuracy
and precision. It consists of screening questionnaires to identify illegible, incomplete,
inconsistent or ambiguous responses. Responses may be illegible if they have been poorly
recorded. This is particularly common in questionnaires with a large number of unstructured
questions. The data must be legible if they are to be properly coded. Likewise, questionnaires
may be incomplete to varying degrees. A few or many questions may be unanswered.
At this stage, the researcher makes a preliminary check for consistency. Certain
obvious inconsistencies can be easily detected. For example, a respondent may have
answered a whole series of questions relating to their perceptions of a particular bank, yet in
other questions may have indicated that they have not used that particular bank or even heard
of it.
Coding
Many questionnaire design and data entry software packages code data automatically.
Examples of the options available will be presented in the Internet and computer applications
section and on the Companion Website. Learning how to use such pack ages or even using
spreadsheet packages means that the process of coding is now a much simpler task for the
marketing researcher. Many of the principles of coding are based on the days of data
processing using ‘punched cards’ or even, much more recently, DOS files
Transcribing
Transcribing data involves keying the coded data from the collected questionnaires
into computers. If the data have been collected via the Internet, CATI or CAPI, this step is
unnecessary because the data are entered directly into the computer as they are collected.
Besides the direct keying of data, they can be transferred by using mark sense forms, optical
scanning or computerised sensory analysis.
Mark sense forms require responses to be recorded in a pre-designated area coded for
that response, and the data can then be read by a machine. Optical scanning involves direct
machine reading of the codes and simultaneous transcription.
A familiar exam ple of optical scanning is the transcription of universal product code
(UPC) data, scanned at supermarket checkout counters. Technological advances have resulted
in computerised sensory analysis systems, which automate the data collection process. The
questions appear on a computerised gridpad, and responses are recorded directly into the
computer using a sensing device.
Except for CATI and CAPI, an original record exists which can be compared with
what was either automatically read or keyed. Errors can occur in an automatic read or as data
are keyed and it is necessary to verify the dataset, or at least a portion of it, for these errors.
A second operator re-punches the data from the coded questionnaires. The transcribed
data from the two operators are compared record by record. Any discrepancy between the
two sets of transcribed data is investigated to identify and correct for data keyed in error.
Verification of the entire data set will double the time and cost of data transcription. Given
the time and cost constraints, and that experienced operators who key data are quite accurate,
it is sufficient to verify 10–25% of the data. With automatically read data, the completed data
set that has been read can be compared with original records. Again, a percentage may be
selected and checks made to see what may have caused differences between the original
record and the read data (e.g. respondents entering two ticks when only one was requested).
Data cleaning includes consistency checks and treatment of missing responses. Even though
preliminary consistency checks have been made during editing, the checks at this stage are
more thorough and extensive, because they are made by computer. Consistency checks
Consistency checks identify data that are out of range or logically inconsistent or have
extreme values. Out-of-range data values are inadmissible and must be corrected. For
example, respondents have been asked to express their degree of agreement with a series of
lifestyle statements on a 1 to 5 scale. Assuming that 9 has been designated for missing values,
data values of 0, 6, 7 and 8 are out of range. Computer packages can be programmed to
identify out-of-range values for each variable and will not progress to another variable within
a record until a value in the set range is entered. Other pack ages can be programmed to
print out the respondent code, variable code, variable name, record number, column number
and out-of-range value6 . This makes it easy to check each variable systematically for out-of-
range values. The correct responses can be determined by going back to the edited and coded
questionnaire.
Treatment of missing responses
Missing responses
Substitute a neutral value.
Substitute an imputed response
Casewise deletion
Pairwise deletion
Statistically adjusting the data
Procedures for statistically adjusting the data consist of weighting, variable re-
specifi cation and scale transformation. These adjustments are not always necessary but can
enhance the quality of data analysis. Weighting In weighting, each case or respondent in the
database is assigned a weight to reflect its importance relative to other cases or respondents.
The value 1.0 represents the unweighted case. The effect of weighting is to increase or decrease
the number of cases in the sample that possess certain characteristics. (See Chapter 15, which
dis cussed the use of weighting to adjust for non-response bias.) Weighting is most widely
used to make the sample data more representative of a target population on specific
characteristics. For example, it may be used to give greater importance to cases or respondents
with higher-quality data. Yet another use of weighting is to adjust the sample so that greater
importance is attached to respon dents with certain characteristics. If a study is conducted to
determine what modifications should be made to an existing product, the researcher might want
to attach greater weight to the opinions of heavy users of the product. This could be
accomplished by assigning weights of 3.0 to heavy users, 2.0 to medium users, and 1.0 to light
users and non-users.
Selecting a data analysis strategy
The process of selecting a data analysis strategy is described in Figure below. The
selection of a data analysis strategy should be based on the earlier steps of the marketing
research process, known characteristics of the data, properties of statistical tech niques, and
the background and philosophy of the researcher. Data analysis is not an end in itself. Its
purpose is to produce information that will help address the problem at hand. The selection of
a data analysis strategy must begin with a consideration of the earlier steps in the process:
problem definition (step 1), development of an approach (step 2), and research design (step 3).
The preliminary plan of data analysis prepared as part of the research design should be used as
a springboard. Changes may be necessary in the light of additional information gener ated in
subsequent stages of the research process. The next step is to consider the known characteristics
of the data. The measure ment scales used exert a strong influence on the choice of statistical
techniques (see Chapter 12). In addition, the research design may favour certain techniques.
For example, analysis of variance (see Chapter 19) is suited for analysing experimental data
from causal designs. The insights into the data obtained during data preparation can be valuable
for selecting a strategy for analysis. It is also important to take into account the properties of
the statistical techniques, particularly their purpose and underlying assumptions.
Data exploration is the first step of data analysis used to explore and visualize data to
uncover insights from the start or identify areas or patterns to dig into more. Using interactive
dashboards and point-and-click data exploration, users can better understand the bigger
picture and get to insights faster.
Starting with data exploration helps users to make better decisions on where to dig
deeper into the data and to take a broad understanding of the business when asking more
detailed questions later. With a user-friendly interface, anyone across an organization can
familiarize themselves with the data, discover patterns, and generate thoughtful questions that
may spur on deeper, valuable analysis.
Data exploration and visual analytics tools build understanding, empowering users to
explore data in any visualization. This approach speeds up time to answers and deepens
users’ understanding by covering more ground in less time. Data exploration is important for
this reason because it democratizes access to data and provides governed self-service
analytics. Furthermore, businesses can accelerate data exploration by provisioning and
delivering data through visual data marts that are easy to explore and use.
Data exploration can help businesses explore large amounts of data quickly to better
understand next steps in terms of further analysis. This gives the business a more manageable
starting point and a way to target areas of interest. In most cases, data exploration involves
using data visualizations to examine the data at a high level. By taking this high-level
approach, businesses can determine which data is most important and which may distort the
analysis and therefore should be removed. Data exploration can also be helpful in decreasing
time spent on less valuable analysis by selecting the right path forward from the start.
Introduction
Multivariate means involving multiple dependent variables resulting in one outcome. This
explains that the majority of the problems in the real world are Multivariate. For example,
we cannot predict the weather of any year based on the season. There are multiple factors
like pollution, humidity, precipitation, etc. Here, we will introduce you to multivariate
analysis, its history, and its application in different fields.
In 1928, Wishart presented his paper. The Precise distribution of the sample covariance
matrix of the multivariate normal population, which is the initiation of MVA.
In the 1930s, R.A. Fischer, Hotelling, S.N. Roy, and B.L. Xu et al. made a lot of
fundamental theoretical work on multivariate analysis. At that time, it was widely used in
the fields of psychology, education, and biology.
In the middle of the 1950s, with the appearance and expansion of computers, multivariate
analysis began to play a big role in geological, meteorological. Medical and social and
science. From then on, new theories and new methods were proposed and tested
constantly by practice and at the same time, more application fields were exploited. With
the aids of modern computers, we can apply the methodology of multivariate analysis to
do rather complex statistical analyses.
Multivariate analysis technique can be classified into two broad categories viz., This
classification depends upon the question: are the involved variables dependent on each
other or not?
Interdependence Technique
(1) Data reduction or structural simplification: This helps data to get simplified as
possible without sacrificing valuable information. This will make interpretation easier.
(2) Sorting and grouping: When we have multiple variables, Groups of “similar” objects
or variables are created, based upon measured characteristics.
(4) Prediction Relationships between variables: must be determined for the purpose of
predicting the values of one or more variables based on observations on the other
variables.
Advantages
• The main advantage of multivariate analysis is that since it considers more than
one factor of independent variables that influence the variability of dependent
variables, the conclusion drawn is more accurate.
• The conclusions are more realistic and nearer to the real-life situation.
Disadvantages
Hypothesis testing is used to assess the plausibility of a hypothesis by using sample data.
Such data may come from a larger population, or from a data-generating process. The word
"population" will be used for both of these cases in the following descriptions.
KEY TAKEAWAYS
In hypothesis testing, an analyst tests a statistical sample, with the goal of providing
evidence on the plausibility of the null hypothesis.
Statistical analysts test a hypothesis by measuring and examining a random sample of the
population being analyzed. All analysts use a random population sample to test two different
hypotheses: the null hypothesis and the alternative hypothesis.
The null hypothesis is usually a hypothesis of equality between population parameters; e.g.,
a null hypothesis may state that the population mean return is equal to zero. The alternative
hypothesis is effectively the opposite of a null hypothesis (e.g., the population mean return is
not equal to zero). Thus, they are mutually exclusive, and only one can be true. However,
one of the two hypotheses will always be true.
1. The first step is for the analyst to state the two hypotheses so that only one can be
right.
2. The next step is to formulate an analysis plan, which outlines how the data will be
evaluated.
3. The third step is to carry out the plan and physically analyze the sample data.
4. The fourth and final step is to analyze the results and either reject the null hypothesis,
or state that the null hypothesis is plausible, given the data.
1. Simple Hypothesis:
2. Complex Hypothesis:
4. Null Hypothesis:
5. Alternative Hypothesis:
6. Logical Hypothesis:
7. Statistical Hypothesis:
Developing a hypothesis
1. Ask a question
Writing a hypothesis begins with a research question that you want to answer. The question
should be focused, specific, and researchable within the constraints of your project.
At this stage, you might construct a conceptual framework to identify which variables you
will study and what you think the relationships are between them.
If a first-year student starts attending more lectures, then their exam scores will improve.
The number of lectures attended by first-year students has a positive effect on their exam
scores.
If you are comparing two groups, the hypothesis can state what difference you expect to find
between them.
First-year students who attended most lectures will have better exam scores than those who
attended few lectures.
H0: The number of lectures attended by first-year students has no effect on their final exam
scores.
H1: The number of lectures attended by first-year students has a positive effect on their final
exam scores.
If null hypothesis is true, any discrepancy between If alternative hypothesis is true, the observed
observed data and the hypothesis is only due to discrepancy between the observed data and the
chance. null hypothesis is not due to chance.
There is no association between use of oral There is no association between use of oral
contraceptive and blood cancer contraceptive and blood cancer
H0: µ = 0 HA: µ ≠ 0
3.3 Presenting Insights and findings using written reports and oral presentation.
Overview:
This chapter describes the importance of report preparation and presentation and outlines
the process of producing written and oral presentations. We provide guide- lines for report
preparation, including report writing and preparing tables and graphs, and we discuss oral
presentation of the report. Research follow-up, including assisting the client and evaluating
the research process, is described. The special con- siderations for report preparation and
presentation in international marketing research are discussed, and relevant ethical issues
are identified. We begin with an example of the potential array of reports that can emerge
from a marketing research project that is primarily presenting quantitative findings. This
is followed with an example of a very creative means to present findings to a study that is
primarily pre- senting qualitative findings. Both examples illustrate the different styles and
means to present marketing research reports.
Importance of the report and presentation
For the following reasons, the report and its presentation are important parts of the marketing
research project:
1.They are the tangible products of the research effort. After the project is complete and
management has made the decision, there is little documentary evidence of the project
other than the written report. The report serves as a historical record of the project.
2.Management decisions are guided by the report and the presentation. If the first five steps
in the project are carefully conducted but inadequate attention is paid to the sixth step, the
value of the project to management will be greatly diminished.
3.The involvement of many marketing managers in the project is limited to the writ- ten report
and the oral presentation. These managers evaluate the quality of the entire project on the
quality of the report and presentation.
4.Management’s decision to undertake marketing research in the future or to use the particular
research supplier again will be influenced by the perceived usefulness of the report and the
presentation.
Data analysis
Interpretation, conclusion,
and recommendations
Report preparation
Oral presentation
Research follow-up
The process begins by interpreting the results of data analysis in the light of the
marketing research problem, approach, research design and fieldwork. Instead of merely
summarising the quantitative and/or qualitative analyses, the researcher should present
the findings in such a way that they can be used directly as input into decision-making.
Wherever appropriate, conclusions should be drawn and recom- mendations made. The
researcher should aim to make their recommendations actionable. Before writing the
report, the researcher should discuss the major find- ings, conclusions and
recommendations with the key decision-makers. These discussions play a major role in
ensuring that the report meets the client’s needs and is ultimately accepted. These
discussions should confirm specific dates for the delivery of the written report and other
data.
Report format
Report formats are likely to vary with the researcher or the marketing research firm
conducting the project, the client for whom the project is being conducted, and the nature
of the project itself. Hence, the following is intended as a guideline from which the
researcher can develop a format for the research project at hand. Most research reports
include the following elements:
1 Submission letter
2 Title page
3.Table
of
contents
(a) Main sections
(b) List of tables
(c) List of graphs
(d) List of appendices
(e) List of exhibits
3 Executive summary
(a) Summary of prime objectives
(b) Major findings
(c) Conclusions and recommendations
4 Problem definition
(a) Background to the problem
(b) Statement of the marketing problem
(c) Statement of the research objectives – information needs
6 Data analysis
(a) Research design
(b) Plan of data analysis and means of interpreting results
7 Results
8 Conclusions and recommendations
9 Limitations and caveats
10 Appendices
(a) Letter of authorisation
(b) Questionnaire development and pre-testing
(c) Questionnaires, forms, interview guides
(d) Sampling techniques, including error and confidence levels
(e) Fieldwork
(f) Lists including contact individuals and organisations
This format closely follows the earlier steps of the marketing research process. The results
may be presented in several chapters of the report. For example, in a national survey, data
analysis may be conducted for the overall sample and then the data for each geographic
region may be analysed separately. If so, the results from each analy- sis may be presented in
a separate chapter.
Submission letter. A formal report generally contains a letter of submission that delivers the
report to the client and summarises the researcher’s overall experience with the project,
without mentioning the findings. The letter should also identify the need for further action on
the part of the client, such as implementation of the find- ings or further research that should
be undertaken.
Title page. The title page should include the title of the report, information (name, address
and telephone number) about the researcher or organisation conducting the research, the name
of the client for whom the report was prepared, and the date of release. The title should
encapsulate the nature of the project with a tone that is meaningful to the target managers, not
one of technical ‘research-speak’.
Table of contents. The table of contents should list the topics covered and the appropriate
page numbers. In most reports, only the major headings and subheadings are included. The
table of contents is followed by a list of tables, a list of graphs, a list of appendices and a list
of exhibits.
Executive summary. The executive summary is an extremely important part of the report,
because this is often the only portion of the report that executives read. The summary should
concisely describe the problem, approach and research design that were adopted. A summary
section should be devoted to the major results, conclusions and recommendations. The
executive summary should be written after the rest of the report.
Problem definition. The problem definition section of the report gives the back- ground to
the problem. This part summarises elements of the marketing and research problem diagnosis.
Key elements of any discussions with decision makers, industry experts and initial secondary
data analyses are presented. Having set this context for the whole project, a clear statement of
the management decision problem(s) and the marketing research problem(s) should be
presented.
Approach to the problem and research design. The approach to the problem sec- tion
should discuss the broad approach that was adopted in addressing the problem. This section
should summarise the theoretical foundations that guided the research, any analytical
models formulated, research questions, hypotheses, and the factors that influenced the
research design. The research design should specify the details of how the research was
conducted, preferably with a graphical presentation of the stages undertaken, showing the
relationships between stages. This should detail the methods undertaken in the data
collection from secondary and primary sources. These topics should be presented in a non-
technical, easy-to-understand manner. The technical details should be included in an
appendix. This section of the report should justify the specific methods selected.
Results. The results section is normally the longest part of the report and may entail several
chapters. It may be presented in any of the following ways.
1 Forms of analysis. For example, in a health care marketing survey
of hospitals, the results were presented in four chapters. One
chapter presented the overall results, another examined the
differences between geographical regions, a third presented the
differences between for-profit and non-profit hospitals, and a
fourth presented the differences according to bed capacity. Often,
results are presented not only at the aggregate level but also at the
subgroup (market segment, geographical area, etc.) level.
2 Forms of data collection. For example, a study may contain
significant elements of secondary data collection and analyses, a
series of focus group interviews and a survey. The results in such
circumstances may be best presented by drawing con- clusions
from one method before moving on to another method. The
conclusions derived from focus groups, for example, may need to
be established to show the link to a sample design and questions
used in a survey.
3 Objectives. There may be a series of research objectives whose
fulfilment may incor- porate a variety of data collection methods
and levels of analysis. In these circumstances the results combine
methods and levels of analyses to show connec- tions and to
develop and illustrate emerging issues.
The results should be organised in a coherent and logical way.
Choosing whether to present by forms of analysis, forms of data
collection or objectives helps to build that coherence and logic. The
presentation of the results should be geared directly to the
components of the marketing research problem and the information
needs that were identified. The nature of the information needs and
characteristics of the recipients of the report ultimately determine the
best way to present results.
understands.
In any research project there are many approaches that can be taken to analyse the
data. This can result in a potential over-abundance of data (quantitative and/or quali- tative)
and distilling the ‘meaning’ from the data and presenting this in a clear report can result in
much of the original meaning or richness being lost.3 To maintain the meaning or richness,
the researcher should strive to understand the nature of the decision-making process that is
being supported. Only then can sound interpretations of the collected data be made.
Limitations and caveats. All marketing research projects have limitations caused by time,
budget and other organisational constraints. Furthermore, the research design adopted may be
limited in terms of the various types of errors, and some of these may be serious enough to
warrant discussion. This section should be written with great care and a balanced perspective.
On the one hand, the researcher must make sure that management does not rely too heavily
on the results or use them for unintended purposes, such as projecting them to unintended
populations. On the other hand, this section should not erode their confidence in the research
or unduly minimise its importance.
Appendices. At the end of the report, documents can be compiled that may be used by
different readers to help them to understand characteristics of the research project in more
detail. These should include the letter of authorisation to conduct the research; this
authorisation could include the agreed research proposal. Details that relate to individual
techniques should be included relating to questionnaires, inter- view guides, sampling and
fieldwork activities. The final part of the appendix should include lists of contacts, references
used and further sources of reference.
As a general rule, graphical aids should be employed whenever practical. Graphical display
of information can effectively complement the text and tables to enhance clar- ity of
communication and impact.8 As the saying goes, a picture is worth a thousand words. The
guidelines for preparing graphs are similar to those for tables. Therefore, this section
focuses on the different types of graphical aids.9 We illustrate several of these using the
GlobalCash data from Table 25.1.
Geographic and other maps. Geographic and other maps, such as product posi- tioning
maps, can communicate relative location and other comparative information. Geographic
maps form the bases of presentations in geodemographic analyses as dis- cussed in Chapter
5. The maps used in geodemographic analyses can portray customer locations and types,
potential consumers, location of competitors, road net- works to show consumer flows and
other facilities that may attract consumers to certain locations.
Round or pie charts. In a pie chart, the area of each section, as a percentage of the total
area of the circle, reflects the percentage associated with the value of a specific variable.
Pie charts are very useful in presenting simple relative frequencies in num- bers or
percentages. A pie chart is not useful for displaying relationships over time or
relationships among several variables. As a general guideline, a pie chart should not
require more than seven sections.10 Figure 25.2 shows a pie chart for the sourcing
strategies of European companies. Great care must be taken with 3D pie charts as the
relative sizes of the pie segments become distorted.
Line charts. A line chart connects a series of data points using continuous lines. This is an
attractive way of illustrating trends and changes over time. Several series can be compared on
the same chart, and forecasts, interpolations and extrapolations can be shown. If several series
are displayed simultaneously, each line should have a distinc- tive colour or form.
Oral presentation
The entire marketing research project should be presented to the management of the client
firm. This presentation will help management understand and accept the writ- ten report. Any
preliminary questions that the management may have can be addressed in the presentation.
Because many executives form their first and lasting impressions about the project based on
the oral presentation, its importance cannot be overemphasised.
The key to an effective presentation is preparation. A written script or detailed out- line should
be prepared following the format of the written report. The presentation must be geared to the
audience. For this purpose, the researcher should determine the backgrounds, interests and
involvement of those in the project, as well as the extent to which they are likely to be affected
by it. The presentation should be rehearsed several times before it is made to the management.
Visual aids such as tables and graphs should be displayed with a variety of media. Flip
charts of large pads of blank paper mounted on an easel enable the researcher to manipulate
numbers. They are particularly useful in communicating answers to tech- nical questions.
Visual aids can also be drawn on the pages in advance, and the speaker flips through the
pages during the presentation. Although not as flexible, magnetic boards and felt boards
allow for rapid presentation of previously prepared material. Overhead projectors can present
simple charts as well as complex overlays produced by the successive additions of new images
to the screen. The use of com- puter packages such as Microsoft’s PowerPoint can also be of
immense help. They can be used for making computer-controlled presentations or for
presenting technical information such as analytical models. However, the presenter must not
lose sight of the message, as illustrated in the following two examples.
After the presentation, key executives in the client firm should be given time to read the
report in detail.
Research follow-up
The researcher’s task does not end with the oral presentation. Two other tasks remain. The
researcher should help the client understand and implement the findings and take follow-
up action. Second, while it is still fresh in the researcher’s mind, the entire marketing
research project should be evaluated.
Intellectual property, very broadly, means the legal property which results from intellectual
activity in the industrial, scientific and artistic fields. Countries have laws to protect intellectual
property for two main reasons. One is to give statutory expression to the moral and economic
rights of creators in their creations and such rights of the public in access to those creations.
The second is to promote, as a deliberate act of government policy, creativity and the
dissemination and application of its results and to encourage fair trading which would
contribute to economic and social development.
Generally speaking, IP law aims at safeguarding creators and other producers of intellectual
goods and services by granting them certain time- limited rights to control the use made of
those productions. These rights do not apply to the physical object in which the creation may
be embodied but instead to the intellectual creation as such. IP is traditionally divided into two
branches: “industrial property and copyright”. The convention establishing the World
Intellectual Property Organization (WIPO), concluded in Stockholm on July 14, 1967 (Art.
2(viii) provides that
“intellectual property shall include rights relating to:
1) literary, artistic and scientific works:
2) performances of performing artists, phonograms and broadcasts;
3) inventions in all fields of human behaviour;
4) scientific discoveries;
5) industrial designs;
6) trademarks, service marks, and commercial names and designations;
7) protection against unfair competition and all other rights resulting from intellectual activity
in industrial scientific, literary or artistic fields”.
The areas mentioned under (1) belong to the copyright branch of intellectual property. The
areas mentioned in (2) are usually called “neighboring rights”, that is, rights neighboring on
copyright. The areas mentioned under 3, 5 and 6 constitute the industrial property branch of
IP. The areas mentioned may also be considered as belonging to that branch.
Scope of Intellectual Property Rights
Intellectual property rights include copyright, patent, trademark, geographic indication of
origin, industrial design, trade secrets, database protection laws, publicity rights laws, laws for
the protection of plant varieties, laws for the protection of semi-conductor chips (which store
information for later retrieval), etc.
There is a conventional mode of classification of intellectual property as industrial property
and copyrights. Industrial properties include inventions (patent), property interest on minor
invention (Utility model certificate) and commercial interests (Trade Marks, trade names,
geographical indications, and industrial design), plant breeder rights, biodiversity, etc.
Patents
A patent is a type of intellectual property right which allows the holder of the right to
exclusively make use of and sale an invention when one develops an invention. Invention is a
new process, machine, manufacture, composition of matter. It is not an obvious derivation of
the prior art (It should involve an inventive step). A person who has got a patent right has an
exclusive right. The exclusive right is a true monopoly but its grant involves an administrative
process.
Copyright
It is an intellectual property which does not essentially grant an exclusive right over an idea
but the expressions of ideas which makes if different from patent law. Patent is related with
invention - technical solution to technical problems. Copyright is a field which has gone with
artistic, literary creativity- creativity in scientific works, audio-visual works, musical works,
software and others. There are neighboring rights. These are different from copyright but
related with it – performers in a theatre, dancers, actors, broadcasters, producers of sound
recorders, etc. It protects not ideas but expressions of ideas as opposed to patent.
Copyright protects original expression of ideas, the ways the works are done; the language
used, etc. It applies for all copyrightable works. Copyright lasts for a longer period of time.
The practice is life of author plus 50 years after his/her life. Administrative procedures are not
required, unlike patent laws, in most laws but in America depositing the work was necessary
and was certified thereon but now it is abolished.
Industrial Design Law
Some call this design right (European) and some call it patentable design, industrial design
(WIPO and other international organization). A design is a kind of intellectual property which
gives an exclusive right to a person who has created a novel appearance of a product. It deals
with appearance: how they look like. Appearance is important because consumers are
interested in the outer appearance of a product. It is exclusively concerned with appearance,
not quality.
The principles which have been utilized in developing industrial design law are from
experiences of patent and copyright laws. It shares copyright laws because the design is artistic.
It shares patent law because there are scientific considerations. Design law subsists in a work
upon registration and communication. It makes them close to patent law since they are also
founded in patent law. Duration is most of the time 20 years like the patent law trademark
Rights law.
Trademarks Rights Law
It is a regime of the law giving protection to graphic representation to words or logos or
depending on the jurisdiction question such as sound or smells which are distinctive in nature
and serve as source identification. There is also a recent phenomenon which is representing
goods in their smell and sound. It is to be found on the goods associated with them. It enables
the customer to identify the goods from others. They serve as a source identifier. Trademarks
perform communication function. Once there is a valid representation, it gives the mark owner
an exclusive right. It begins with registration and publication of the mark. But there are
exceptions which serve what trademarks registered serve which are not registered. It means
they deserve protection even though they are not registered. They exist forever so long as the
good with which they are associated continue to be sold. But they require renewal.
Geographic Indication
It is indications on products of the geographic origin of the goods. It indicates the general
source. The indication relates to the quality or reputation or other characteristics of the good.
For example, “made in Ethiopia” is not influenced by the geographical Indication.
Geographical indications are sometimes called appellations of origin. For example, “Sheno
lega”, “Shampagne” (name of a region in France) are geographical indications.
Trade Secrets
It gives the owner of commercial information that provides a competitive edge the right to keep
others from using such information if the information was improperly disclosed to or acquired
by a competitor and the owner of the information took reasonable precautions to keep it secret.
It protects confidential secrets of some commercial value. The holder of the secret wants this
information to be protected; some protect the holder from an unauthorized disclosure of the
information. A tort law, unfair competition or contract law can protect such information which
is secret /confidential information/. The holder (owner) has to do his/her best to keep the
information secret. Trade secrets exist without registration as it is to make the information
public, for example, the formula of Coca Cola. Information that are protected in trade secrets
can be patentable if they are novel and non obvious. But it is, most of the time, not to make the
secret public. However, their full-fledged IP rights are contestable.
The WIPO Programme in the year 1998-99 budget, were initiated to address the
growing concerns related to the Intellectual Property Rights, of the indigenous knowledge
holders. The Intellectual Property gave rise to duties, specifically for the owner of the IP that
are certain functions to be performed by them, in relation to their work or products. The various
laws that come under the ambit of Intellectual property umbrella did not emerge or evolve
together and they are as a fact, quite dissimilar in many aspects. Thus, the international treaties
and agreements promote the intellectual workers and labours and bring together all the related
laws of IP together.
The Intellectual Property Rights are distinguished from other rights because of the
nature of intangibility. It ensures the Right to Sue or take any legal action against the person,
who gains unauthorised access to his creation or innovation against the property. The scope of
the Intellectual Property Rights is a broad one. They help in balancing the nature of innovator’s
interest and the benefit of the public by, providing them an environment where, innovation,
invention and creativity can flourish to the highest and can benefit all. The Intellectual
Property systems have a common form of internal appeal procedure against the violators of
IPR.
Apart, from the initiatives of Government for training judicial officers in matters such as IPR
matters, the laws are also, updated and amended to provide the efficient speedy trials to the
citizens. Like in India, The Cell for IPR Promotion and Management (CIPAM), which is a
government body works with WIPO and the National Judicial Academy (NJA), India, for
organising training sessions and sensitisation programmes on IPR’s for the High Court and
District Court judges. Thus, ensuring that the law system has a greater understanding on matters
like IPR and its assertion in the society . The National Intellectual Property Rights (IPR) Policy,
2016 was a vision project of Indian government, to guide the future developments of the
Intellectual Property and its Rights in the country. It seemed to place an institutional
mechanism for implementation and monitoring of developments in global as well as national
IPR’s.
The main points about trade secret are briefly presented as follows:
1. There is no specific period for trade secret.
For the protection of trade secret, conditions vary from country to country, some
general standards exist which are referred to in Art. 39 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS Agreement):
✓ The information must be secret (i.e. it is not generally known among, or readily
accessible to, circles that normally deal with the kind of information in question).
✓ It must have commercial value because it is a secret.
✓ It must have been subject to reasonable steps by the rightful holder of the
information to keep it secret (e.g., through confidentiality agreements).
The "Innovation patent," launched in Australia some time back was introduced as a
result of extensive research into the needs of small and medium-sized enteprises, with the aim
of providing a "low-cost entry point into the intellectual property system."
4.7 IPR & Bio diversity,
In simple terms, the diversity among various life forms within the Biosphere refers to
biodiversity. Biodiversity is the foundation of life on Earth. It is crucial for the functioning of
ecosystems which provide us with products and services without which we cannot live. By
changing biodiversity, we strongly affect human well-being and the well-being of every other
living creature.
Biodiversity is normally classified under 3 major categories:
ecosystem diversity, representing the principal bio geographic regions and habitats;
species diversity, representing variability at the level of families, genera and species; and
genetic diversity, representing the large amount of variability occurring within a species.
Diverse activities and actions have been taken by several stakeholders at local, state, national
and international level to conserve/protect the valuable resource such as biodiversity to draw
the benefits accrued in it for the society.
It is a well-established fact that developing countries are rich in the world’s flora and
fauna and 80 percent of the earth’s terrestrial biodiversity is confined to these countries,
which is the “raw material” for biotechnology, i.e., genes, folk varieties, land races to develop
new varieties by biotechnology. Until the advent of molecular biology and genetic
engineering, the success of plant breeding depended on access to genetic variability within a
species. Genetic engineering has, however, rendered the transfer of genes across sexual
barriers possible and has thus enhanced the economic value of biodiversity.
The developed countries are not rich in biogenetic resources but are better equipped in
research and development. They use the biogenetic resources accessed from the developing
countries. As a result, there is a beginning in the unprotected flow of genetic information
from the developing countries to the capital-rich west, and a protected flow in the reverse
direction mainly through patents and Plant Breeders’ Rights (PBR). It has both visible and
invisible impacts. Genetic erosion is one of the most important invisible impacts that is in the
long run manifested visibly with the loss of biodiversity.
The Convention on Biological Diversity (CBD) 1992:
Opened for signature at the Earth Summit in Rio de Janeiro in 1992, and entering into
force in December 1993, the Convention on Biological Diversity is an international treaty for
the conservation of biodiversity, the sustainable use of the components of biodiversity and the
equitable sharing of the benefits derived from the use of genetic resources. The interface
between biodiversity and intellectual property is shaped at the international level by several
treaties and process, including at the WIPO, and the TRIPS Council of the WTO. With 193
Parties, the Convention has near universal participation among countries. The Convention
seeks to address all threats to biodiversity and ecosystem services, including threats from
climate change, through scientific assessments, the development of tools, incentives and
processes, the transfer of technologies and good practices and the full and active
involvement of relevant stakeholders including indigenous and local communities, youth,
NGOs, women and the business community. The Cartagena Protocol on Biosafety is a
subsidiary agreement to the Convention. It seeks to protect biological diversity from the
potential risks posed by living modified organisms resulting from modern biotechnology.
The treaty defines biodiversity as "the variability among living organisms from all
sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the
ecological complexes of which they are part; this includes diversity within species, between
species and of ecosystems."
The Convention reaffirms the principle of state sovereignty, which grants states
sovereign rights to exploit their resources pursuant to their own environmental policies
together with the responsibility to ensure that activities within their own jurisdiction or
control do not cause damage to the environment of other states. The Biodiversity Convention
also provides a general legal framework regulating access to biological resources and the
sharing of benefits arising from their use. India is a party to the Convention on Biological
Diversity (1992).
The Convention on Biological Diversity establishes important principles regarding
the protection of biodiversity while recognizing the vast commercial value of the planet's
store of germplasm. However, the expansion of international trade agreements establishing a
global regime of intellectual property rights creates incentives that may destroy biodiversity,
while undercutting social and economic development opportunities as well as cultural
diversity. The member countries were pressurized to change their IPR laws to conform with
the TRIPS agreement. 12 PP-IPRL&P India also followed the suit by placing in place legal
frameworks for the management of biodiversity and Intellectual property laws. Following
India’s ratification of the Convention on Biological Diversity (CBD) at international level,
the Biological Diversity Act, 2002 was adopted. The Biological Diversity Act aims at
conservation of biological resources and associated knowledge as well as facilitating access
to them in a sustainable manner and through a just process.
4.8 Role of WIPO and WTO in IPR establishments,
g. WIPO Performances and Phonograms Treaty (WPPT) deals with the rights of
two kinds of beneficiaries, particularly in the digital environment: (i) performers
(actors, singers, musicians, etc.); and (ii) producers of phonograms (persons or
legal entities that take the initiative and have the responsibility for the fixation of
sounds).
h. WIPO Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore is, in accordance with its
mandate, undertaking text-based negotiations with the objective of reaching
agreement on a text(s) of an international legal instrument(s), which will ensure
the effective protection of traditional knowledge (TK), traditional cultural
expressions (TCEs) and genetic resources (GRs).
i. The Standing Committee on Copyright and Related Rights (SCCR) was set up in
the 1998-1999 biennium to examine matters of substantive law or harmonization
in the field of copyright and related rights.
j. Hague System for the International Registration of Industrial Designs provides a
practical business solution for registering up to 100 designs in 74 contracting
parties covering 91 countries, through the filing of one single international
application
k. Lisbon System for the International Registration of Appellations of Origin and
Geographical indications offers a means of obtaining protection for
an appellation of origin or a geographical indication in the contracting
parties through a single registration procedure and one set of fees.
Mention should be made that today WIPO, administers 24 treaties (three of those
jointly with other international organizations) and carries out a rich and varied program of
work, through its member States and secretariat, that seeks to:
• harmonize national intellectual property legislation and procedures,
• provide services for international applications for industrial property rights,
• exchange intellectual property information,
• provide legal and technical assistance to developing and other countries,
• facilitate the resolution of private intellectual property disputes, and
• marshal information technology as a tool for storing, accessing, and using valuable
intellectual property information.
minds. They usually give the creator an exclusive right over the use of his/her
creation for a certain period of time.
OR
Intellectual property rights are like any other property right. They allow creators, or
owners, of patents, trademarks or copyrighted works to benefit from their own work or
investment in a creation.
Forms of Intellectual Property Rights
The Intellectual Property Rights are broadly divided into two groups, viz., Primary
Rights and Sui-generis Rights. These are briefly discussed below:
1. Primary Rights
Primary rights include, Copyrights, Patents, Trademarks, Trade Secret, Trade
names, Domain names, Industrial Designs, Geographical Indications etc.
2. Sui-generis Rights
Sui-generis refers to things of their own kind or things with unique characteristics.
Such rights include Database Rights, Mask work, Plant Breeders Rights, Traditional
Knowledge, Moral Rights and Supplementary Protection Certificate.
proceedings for forfeiture of a patent may be instituted, but only after the expiration of two
years from the grant of the first compulsory license.
Marks
(1) The Paris Convention does not regulate the conditions for the filing and registration of
marks which are therefore determined in each contracting State by the domestic law.
Consequently, no application for the registration of a mark filed by a national of a contracting
State may be refused, nor may a registration be invalidated, on the ground that filing,
registration or renewal has not been affected in the country of origin. Once the registration of
a mark is obtained in a contracting State, it is independent of its possible registration in any
other country, including the country of origin; consequently.
(2) The lapse or annulment of the registration of a mark in one contracting State does not
affect the validity of registration in other contracting States.
(3) Where a mark has been duly registered in the country of origin, it must, on request, be
accepted for filing and protected in its original form in the other contracting States.
(4) The registration may be refused in well-defined cases, such as when the mark would
infringe acquired rights of third parties, when it is devoid of distinctive character, when it is
contrary to morality or public order, or when it is of such a nature as to be liable to deceive
the public.
(5) If, in any contracting State, the use of a registered mark is compulsory, the registration
cannot be canceled until after a reasonable period, and only if the owner cannot justify his
inaction.
(6) Each contracting State must refuse registration and prohibit the use of marks which
constitute a reproduction, imitation or translation, liable to create confusion, of a mark
considered by the competent authority of that State to be well known in that State as being
already the mark of a person entitled to the benefits of the Convention and used for identical
or similar goods.
(7) Each contracting State must likewise refuse registration and prohibit the use of marks
which consist of or contain without authorization, armorial bearings, State emblems and
official signs and hallmarks of contracting states, provided they have been communicated
through the International Bureau of WIPO.
(8) The same provisions apply to armorial bearings, flags, other emblems, abbreviations and
names of certain inter-governmental organizations.
(9) Collective marks must be granted protection.
4.11 Types and Features of IPR Agreement,
Berne Convention for the Protection of Literary and Artistic Works
The Berne Union has an Assembly and an Executive Committee. Every country
member of the Union which has adhered to at least the administrative and final provisions of
the Stockholm Act is a member of the Assembly. The members of the Executive
Committee are elected from among the members of the Union, except for Switzerland, which
is a member ex officio.
The Berne Convention, concluded in 1886, was revised at Paris in 1896 and at Berlin in
1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels in 1948, at
Stockholm in 1967 and at Paris in 1971, and was amended in 1979.
The Convention rests on three basic principles and contains a series of provisions
determining the minimum protection to be granted, as well as special provisions available to
developing countries.
Basic Principles
The three basic principles are the following:
1. Works originating in one of the contracting States must be given the same protection in
each of the other contracting States as the latter grants to the works of its own nationals.
2. Such protection must not be conditional upon compliance with any formality.
3. Such protection is independent of the existence of protection in the country of origin of the
work.
If, however, a contracting State provides for a longer term than the minimum prescribed by
the Convention and the work ceases to be protected in the country of origin, protection may
be denied once protection in the country of origin ceases.
The minimum standards of protection relate to the works and rights to be protected, and the
duration of the protection:
1. As to works, the protection must include every production in the literary, scientific and
artistic domain, whatever may be the mode or form of its expression.
2. Subject to certain permitted reservations, limitations or exceptions, the following are
among the rights which must be recognized as exclusive rights of authorization:
• the right to translate,
• the right to make adaptations and arrangements of the work,
• the right to perform in public dramatic, dramatico-musical and musical works,
• the right to recite in public literary works,
• the right to communicate to the public the performance of such works,
• the right to broadcast (with the possibility of a contracting State to provide for a
mere right to equitable remuneration instead of a right of authorization),
• the right to make reproductions in any manner or form,
•the right to use the work as a basis for an audiovisual work, and the right to
reproduce, distribute, perform in public or communicate to the public that
audiovisual work.
The Convention also provides for “moral rights,” that is, the right to claim authorship
of the work and the right to object to any mutilation or deformation or other modification of,
or other derogatory action in relation to, the work which would be prejudicial to the author’s
honor or reputation.
Trade Related Aspects of Intellectual Property Rights (TRIPS)
Agreement With the establishment of the world trade Organization (WTO), the
importance and role of the intellectual property protection has been Crystallized in the Trade-
Related Intellectual Property Systems (TRIPS) Agreement. It was negotiated at the end of the
Uruguay Round of the General Agreement on Tariffs and Trade (GATT) treaty in 1994.
The general goals of the TRIPS Agreement are contained in the Preamble to the
Agreement, which reproduces the basic Uruguay Round negotiating objectives established in
the TRIPS area by the 1986 Punta del Este Declaration and the 1988-89 Mid-Term Review.
These objectives include the reduction of 20 PP-IPRL&P distortions and
impediments to international trade, promotion of effective and adequate protection of
intellectual property rights, and ensuring that measures and procedures to enforce intellectual
property rights do not themselves become barriers to legitimate trade.
The TRIPS Agreement encompasses, in principle, all forms of intellectual property
and aims at harmonizing and strengthening standards of protection and providing for
effective enforcement at both national and international levels. It addresses applicability of
general GATT principles as well as the provisions in international agreements on IP (Part I).
It establishes standards for availability, scope, use (Part II), enforcement (Part III), acquisition
and maintenance (Part IV) of Intellectual Property Rights. Furthermore, it addresses related
dispute prevention and settlement mechanisms (Part V). Formal provisions are addressed in
Part VI and VII of the Agreement, which cover transitional, and institutional arrangements,
respectively. The obligations under TRIPS apply equally to all member states. However
developing countries were allowed extra time to implement the applicable changes to their
national laws, in two tiers of transition according to their level of development. The transition
period for developing countries expired in 2005. For least developed countries, the transition
period has been extended to 2016, and could be extended beyond that.
The TRIPS Agreement, which came into effect on 1 January 1995, is to date the most
comprehensive multilateral agreement on intellectual property. The areas of intellectual
property that it covers are:
(i) Copyright and related rights (i.e. the rights of performers, producers of sound
recordings and broadcasting organisations);
(ii) (ii) Trade marks including service marks;
(iii) (iii) Geographical indications including appellations of origin;
(iv) (iv) Industrial designs;
(v) (v) Patents including protection of new varieties of plants;
4.12 Trademark,
What Is a Trademark?
The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a
specific product and legally differentiates it from all other products of its kind. A trademark
exclusively identifies a product as belonging to a specific company and recognizes the
company's ownership of the brand. Trademarks are generally considered a form
of intellectual property and may or may not be registered.
KEY
A trademark does not need to be registered for the owner to prevent others from using it or a
confusingly similar mark.
Trademarks in the United States are registered through the United States Patent and
Trademark Office (USPTO) and are identified with the ® symbol. But trademarks don't have
to be registered in order to give the company or individual protection rights. Unregistered
trademarks can be recognized with the ™ symbol. By using this symbol, the trademark user
indicates they are using common law to protect their interests.
The laws governing trademarks never expire. This means the holder has the right to
the trademark for the life of the product or service. But there are certain exceptions. The user
is required to make continuous, lawful use of the trademark in order to take advantage of
Special Considerations
Trademarks can be bought and sold. For instance, Nike (NKE) purchased the
instantly recognizable Swoosh logo in 1971 from a graphic arts student for a one-time price
of $35. Trademarks also can be licensed to other companies for an agreed-upon time or
under certain conditions, which can result in crossover brands. Take the relationship LEGO
has with certain movie franchises, for example. The private company licenses many famous
sub-brands such as Star Wars and DC Comics to produce LEGO versions of popular
products.
As mentioned above, trademarks are also used as an effective way to market brand
names. In fact, the power of branding in business is critical and can fill volumes, and the use
of brands in marketing is legendary. Some brands, like Kleenex, are so prominent and have
such successful brand identities that they have almost replaced the noun that was the original
word for the item or service, like asking for a Kleenex instead of a tissue. Kimberly Clark
(KMB) owns the Kleenex trademark and launched the brand in 1924 as a disposable tissue
for removing cosmetics. In 1930, the company launched the brand again—this time as a
substitute for handkerchiefs. Since then, Kleenex has been the number-one selling facial
tissue in the world.
-THE END -
UNIT 5 – PATENTS
Patents - objectives and benefits of patent, Concept, Features of Patent, Inventive Step, Specification,
Types of Patent application, Process e-filling, Examination of Patent, Grant of Patent, Revocation,
Equitable Assignments, Licences, Licensing of related patents, Patent agents, Registration of patent
agents.
PATENTS – INTRODUCTION
The history of Patent law in India starts from 1911 when the Indian Patents and Designs Act, 1911 was
enacted. The present Patents Act, 1970 came into force in the year 1972, amending and consolidating the
existing law relating to Patents in India. The Patents Act, 1970 was again amended by the Patents
(Amendment) Act, 2005, along with Patents Rules which stand recently amended with Patents
(Amendment) Rules, 2017, wherein product patent was extended to all fields of technology including food,
drugs, chemicals and microorganisms. After the amendment, the provisions relating to Exclusive Marketing
Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been
introduced. The provisions relating to pre-grant and post-grant opposition have been also introduced.
An invention relating to a product or a process, involving inventive step and capable of industrial application
can be patented in India. However, it must not fall into the category of inventions that are non-patentable as
provided under Section 3 and 4 of the (Indian) Patents Act, 1970. In India, a patent application can be filed,
either alone or jointly, by true and first inventor or his assignee. In the United States, patent laws were
introduced in 1760. Most European countries developed their Patent Laws between 1880 to 1889. In India
Patent Act was introduced in the year 1856 which remained in force for over 50 years, which was
subsequently modified and amended and was called "The Indian Patents and Designs Act, 1911". After
Independence a comprehensive bill on patent rights was enacted in the year 1970 and was called "The
Patents Act, 1970".
Later, India became signatory to many international arrangements with an objective of strengthening its
patent law and coming in league with the modern world. One of the significant steps towards achieving this
objective was becoming the member of the Trade Related Intellectual Property Rights (TRIPS) system.
Significantly, India also became signatory of the Paris Convention and the Patent Cooperation Treaty on 7th
December 1998 and thereafter signed the Budapest Treaty on 17th December 2001.
OBJECTIVES:
Patent law is the branch of intellectual property law that deals with new inventions. Traditional patents protect
tangible scientific inventions, such as circuit boards, car engines, heating coils, or zippers. However, over time
patents have been used to protect a broader variety of inventions such as coding algorithms, business practices, or
genetically modified organisms.
Considering the significance of Patents and its positive image for the successful enterprises, there is a plethora of
international treaties and national laws to regulate the process and operation of Patents worldwide. Major
objectives are
To Encourage Inventions
To Breed Inventions
BENEFITS:
A patent gives you the right to stop others from copying, manufacturing, selling or importing your
invention without your permission.
You get protection for a pre-determined period, allowing you to keep competitors at bay.
Maximum protection is obtained for a fixed time period (20 years in India) thus helping to restrain
other competitors.
CONCEPT:
Patent is a monopoly right given by the government to an inventor for a period of twenty years. Once
granted, a patent gives the inventor the right to exclude others from making, using, selling, importing or
offering for a sale of the inventor’s invention for the duration specified in the terms of patent. After twenty
years the patent falls under public domain there after anyone can use the invention without permission from
patentee. Invention can be any new article, composition of matter, machine, process or any new value
addition to the above said.
Patents are territorial rights, which means that an invention is only protected in the countries or regions
where patent protection has been obtained. In other words, if you have not been granted a patent with effect
in a given country, your invention will not be protected in that country enabling anybody else to make , use,
import or sell your invention in that country.Patent right can be shared whenever there are more than one
patentees. Patent rights can be
Invention refers to the technical solution to a technical problem. It may be an innovative idea or may be in
the form of working model or prototype.
Innovation refers to the translation of the invention into a marketable product or process.
PATENTABILITY CRITERIA:
A new product or process which involves an inventive step and capable of being made or used in an industry
and should meet following criteria.
Total novelty: The invention should be new with no public disclosures in any part of the globe or
through any other platform.
Non-obvious invention: No skilled person in the relevant area of technology should be able to
decode your invention easily. Your invention should have a distinctive value-adding feature
compared to existing inventions in the same field
Business or industrial application: The newly invented product or process should have a wide
range of industrial utilities with positive economic implications.
INVENTIVE STEP
For an Invention to be Granted or Registered as a Patent, an Inventive Step/Non-Obviousness is one of the
criteria that has to be fulfilled by the Invention for qualifying as a Patentable subject matter. Almost every
Patent Office examines the applied Patent Application based on the Inventive step or Non-Obviousness.
Some Patent offices use the term Inventive Step while others use Non-Obviousness. However, the yardstick
for determining inventive step/non-obviousness slightly differs country wise.
The philosophy behind the Inventive step is that an Invention should not be a mere collection and
repackaging of existing information. In an Invention, the Inventive step involves technical advancement as
compared to the existing knowledge, it should not be based on an abstract idea. For example: if an Invention
for which a patent is sought is solving a problem by providing a solution which may be similar to a solution
conceived by a person skilled in the art who is working in the same field by applying his/her acquired
technical knowledge or by going through the existing literature, in that case the Invention will not be
considered as an Inventive in nature, since the solution to the problem is obvious to the person skilled in the
art. However, if the invented solution is better than the existing solutions in terms of efficacy or accuracy
etc. then such a solution may be deemed to have an inventive step. Please find below the yardstick for
determining non-obviousness:
1) According to Indian Patent Law, "inventive step" 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.
2) According to European Patent Law, an invention shall be considered as involving an inventive step
if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of
the art also includes documents within the meaning of Article 54, paragraph 3, these documents shall
not be considered in deciding whether there has been an inventive step.
3) According to US Patent Law, a patent for a claimed invention may not be obtained, notwithstanding
that the claimed invention is not identically disclosed as set forth in section 102, if the differences
between the claimed invention and the prior art are such that the claimed invention as a whole would
have been obvious before the effective filing date of the claimed invention to a person having
ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by
the manner in which the invention was made.
PATENT SPECIFICATIONS
The Content of complete specification includes abstract, field of the invention, background of the invention,
prior art of the invention, summary of the invention, detailed description of the drawing, and claims etc. Fee
₹1000 in case of individuals and ₹4000 in case of legal entities.There are three types of patents:
Utility patents: may be granted to anyone who invents or discovers any new and useful process, machine,
article of manufacture, or composition of matter, or any new and useful improvement.
Design patents: may be granted to anyone who invents a new, original, and ornamental design for an article
of manufacture.
Plant patents: may be granted to anyone who invents or discovers and asexually reproduces any distinct
and new variety of plant.
2. Convention Application: A convention application is filed for claiming a priority date based on the same
or substantially similar application filed in any of the convention countries. The applicant is required to file
an application in the Indian Patent Office within a year from the date of the initial filing of a similar
application in the convention country.
4. PCT National Phase Application: A national phase application is filed in each of the country wherein
the protection is sought. The national phase application must be filed within 30 or 31 months from the
priority date or the international filing date, whichever is earlier.
5. Patent of Addition: The applicant can file a patent of addition if there is a modification of the invention
which has already been applied for or patented. A patent of addition can only be granted after the grant of
the parent patent; hence, no separate renewal fee is to be remitted during the term of the main patent.
6. Divisional Application: Divisional application is filed if the applicant wishes to divide an application to
furnish two or more applications if a particular application claims for more than one invention. The priority
date for divisional application is similar to that of the parent application.
PROCESS OF E-FILLING
Now, the next step is to complete Form 2. Depending on the status of your ‘invention’ (partially or fully
completed) you may either apply for provisional or complete patent specification through this form.
However, please note that in case you apply for provisional specification, you have just 12 months in your
hand to finish your invention and provide the complete specification. In fact, the inability to adhere to this
timeline leads to the cancellation of your patent application.
A patent draft also needs to be submitted along with the application form. It should contain information on
the following:
A title for your invention with a summary of the same
References to similar patent applications
Declaration of any government grants received for R&D purposes
Further, names of all entities who contributed to the invention with their contact details
A complete description of your invention
Patent drawings
Patent scope
An abstract of public disclosure of the invention
Sequence lists, if applicable
An oath/declaration duly signed by you.
Next, you have to fill in Form 3 if you have applied for a patent in some other country as well. Thereafter, in
case, you are applying for patent protection for your startup or are claiming small entity status, you need to
fill in Form 28. In addition to all the above forms, you also need to complete the inventorship, declaration
through Form 5.
Payment of Application fees: The patent application charges payable are listed in detail in the First
Schedule. Be cognizant of additional charges applicable, if any.
Publication of Application: The Indian Patent Office publishes all patent applications in an official
patent journal. If you want to expedite the publishing process, you need to submit Form 9.
Scrutiny of Patent Application: To initiate the patent application examination by a patent officer,
you need to submit Form 18. Post Form 18 submission, the officer will scrutinize your invention and
issue a FER (first examination report).
Grant of Patent: A patent will be granted when you successfully resolve all queries and objections
by the examiner.
EXAMINATION OF PATENT
Missing the deadline for filing request for examination can prove fatal for the patent application. Since it is
absolutely clear that missing the deadline, would eventually kill the patent application. If the request of
examination is made within the prescribed time limit, the Indian Patent office takes up the application for
examination.
The normal Requests for Patent Examination can be filed within a period of 48 months from the priority date
(date of first filing of the invention, can be provisional patent or complete patent / non-provisional patent) or
date of filing of the patent application whichever is earlier. If the patent examination request is not filed within
the specified time limit the patent application shall be treated as withdrawn by the Indian Patent Office. It is
mandatory under Indian Patent Act 1970, to file a request for patent examination as per the prescribed timeline.
As per the Patent Act 1970, only after submission of such request a formal patent examination process shall
commence.
An express request for examination before expiry of 31 months can be made with respect of the applications
filed under Patent Cooperation Treaty (PCT) known as National Phase applications by payment of the official
fee. There is another provision of expedited examination, in which the patent applications which requested for
expedited examination will be put in a queue separate from the patent applications for ordinary examination.
Ordinarily, within one month from the date of a request for examination, the Controller is required to refer the
application to an examiner. Further, the examiner is then required to prepare the Examination Report within one
month, but not exceeding three months from the date of reference for such examination by the Controller. On
the other hand, upon a request for an expedited examination, the examiner will be required to give the
Examination Report within one month, but not exceeding two months from the date of reference for
examination by the Controller.
The provision of expedited examination is available for startups and applicants who have included India, in
their PCT application as an International Searching Authority (ISA) or International Preliminary Examining
Authority (IPEA). Therefore, selecting India as ISA can be beneficial to expedite the grant process.
An early publication request can be made along with prescribed fees if one does want to wait, till the expiry
of 18 months from the date of filing for publishing the patent application.
Generally the patent application is published within a month after request for early publication.
The Process of examination starts with filing a request for examination. Unlike publication, this is not an
automatic process. Only after receiving the Request for Examination (RFE) the controller transfers the patent
application to the patent examiner. The request for examination has to be made within 48 months from the date
of priority or filing whichever is earlier.
The patent examiner examines the patent application, and prepares the examination report on the basis of
various patentability criterias like:
Other responsibilities of the patent examiner for examination of a patent application include:
To conduct comprehensive investigation of an application and prepare a report under section 12;
To conduct an inter-office search covering all four patent offices;
To raise objections rather than comment on missing forms.
The Examiner's report will: Be a permanent part of a file's note sheet and non-editable at the Controller's
end; Include a draft summary/gist of objections-this gist editable at Controller's end; Include any
amendments to the complete specification;
Who can file the Request for Examination in India and How?
Request of Examination is filed by filling Form 18. The interested person (third party) has to submit appropriate
evidence of his interest in the particular patent application.
Form-18 has to be filed, specifying the details of the patent applicant or other interested person, application
number, title, date of filing and publication date along with the prescribed fees.
It is very significant to follow the patent office timelines. Otherwise it is advisable to file the request for
examination, while filing patent application.
For a national phase application /PCT international application entering India it is advised to file an express
request for patent examination before the expiry of 31 months.
Once the patent application is examined, the Patent office issues an examination report to the patent applicant
which is generally known as First Examination Report (FER). The examiner submits this to the controller. It
usually contains prior arts similar to claimed invention. Prior art here means existing documents before the date
of filing, similar to claimed invention. It need not be commercially available. It is just evidence which proves
that the claimed invention is already known
The Applicant should reply the objections (if any) and place the application in order for grant within 12
months from the date of issue of the FER (First Examination Report). In this case too, if the reply to the
examination report is not made within prescribed time limit, which is 12 months, the application is deemed to
be abandoned.
In case, the patent application is found to be in order for grant, the patent is granted, if there is no pre-grant
opposition filed or pending by a third party.
Request of examination of National Phase applications for patent 5600 14000 28000
Request for conversion from ordinary examination to expedited 4000 15000 40000
examination.
GRANT OF PATENT
Where to apply?
Application for the patent has to be filed in the respective patent office as mentioned below.
The territorial jurisdiction is decided based on whether any of the following occurrences falls
within the territory:
c) Address for service in India given by the applicant when he has no place
of business or domicile in India
A foreign applicant should give an address for service in India and the jurisdiction will be
decided upon that. An applicant (Indian or foreigner) also can give his Patent Agent’s address
as address for serving documents, if he/she so wishes.
How to apply ?
are given in the Appendix -3. The details about various applicable forms for filing patents are
given in the Appendix – 4.
When the applicant finds that his invention has reached a presentable form, then he may
prepare a disclosure of the invention in the form of a written description and submit it to the
patent office. This disclosure is called a Provisional Specification. Application for
Provisional Specification has to include the natureof the invention. This gives a priority to
the applicant over any other person who is likely to file an application for patent in respect
of the same invention being developed concurrently in some other part of the world.
Immediately on receiving the provisional specification the patent office accords a filing date
for the application and gives a period up to twelve months for filing the Complete
Specification during which the applicant can fully develop his invention.
Complete Specification
Complete Specification is a techno-legal document that fully and particularly describes the
invention and the best method of performing it. It should start with a preamble “The
following specification particularly describes the nature of this invention and the manner in
which it is to perform.” It should contain the following in not more than 30 pages beyond
which each page is chargeable as given in the first schedule.
A Title
The title should give a fair indication of the art or industry to which the invention relates. It
should be brief and as precise and definite as possible. The following are not allowable in the
title: — a) The inventor’s name b) The word ‘Patent’ c) Words in other languages d) The
abbreviation “etc.” e) Fancy words, e.g., “Wash Well Soap”, “Universal Rest Easy Patent
Chair”.
The description should preferably begin with a short general statement of the invention so as
to show its scope, and to indicate briefly the subject matter to which the invention relates,
e.g. “This invention relates to..................................................................................................................... ”
This part should indicate the status of the technology in the field of invention with reference
to experiments going on in the field, patents and pending patentapplications in the specific art
with emphasis on the ‘prior art’ relevant to the invention. When the invention relates to an
improvement on an existing apparatus or process a short statement of closest prior art may
also be given.
The purpose is to clearly bring out the necessity of the invention. It shall clearly specify the
technical problems associated with the existing technology and the proposed solution,
highlighting the obvious difference between the claimed invention and the prior art. The
solution sought by the invention should be clearly brought out with statements like “It has
already been proposed . . . . . . . . . . . . . . .. . . . . . . . . . ..” followed by the objects which the
invention has in view e.g. “The principal object of this invention is . . . . . . . . . . . . . . . . . .
. . . . . . . .”, “Another object of this invention is ”, “A further object of this invention is ”
etc.
Statement of invention
The description should include a statement of invention before giving the details of the
invention and the method of performing it. The statement should clearly set forth the
distinguishing novel features of the invention for which protection is desired. This part is
intended to declare the different aspects of the invention verbatim with the claims and
complements to the omnibus claim in situations of infringement proceedings.- It usually
starts like “Accordingly the invention provides an apparatus consisting of ---------------------
------ which is characterized in that ----------------------“. Other aspects and processes if any
also can be stated e.g. “There is also provided a method for performing “ etc.
The details of the invention described should be sufficient for an average personskilled in
the art to perform the invention by developing the necessary technicalknow how by
himself. It can include examples/drawings or both for clearlydescribing and ascertaining
the nature of the invention. Sufficient number ofexamples can be appended to the
description especially in the case of chemicalinventions. The following terms are
somewhat vague, and their use should beavoided from the description as far as possible:
— “Special”, “design”, “suitable”, “etc”. “Whereby”, “if desired”, “and/or”, “customary
methods”, “known methods”.Terms in other languages, if any, used in the description
should be accompaniedby their English equivalents. The use of vague slang words and
colloquialisms is Objectionable and should be avoided.
This part of the specification should bring out the areas of application of the invention and
the preferable use of the invention. The applicant can substantiate the industrial applicability
of the invention in this part and call for the protection against duplication of the invention in
the related fields by specifying the scope and ambit. The advantages of the invention also can
be described in this part of the specification.
Claims
The description in the Complete Specification need to clearly and succinctly state the
“Claims” proceeded by the prescribed preamble, “I claim” or “We claim”, as the case may
be. It shall preferably start from the next page after the full description of the invention with
the claims serially numbered. The purpose of the statement of Claims is to highlight with
conciseness, precision and accuracy asto how much of what is described in the specification
has been sought to be protected, implying thereby that what is not claimed is open to public
use. The claim or claims of a complete specification shall relate to a single invention, or to a
group of inventions linked so as to form a single inventive concept.
Statement of the form given immediately below is not to be regarded as
claims, in as much as they do not define the invention: —
Working of Invention
Patents are granted for the purpose of exploitation, which will enhance industrial
development and therefore should be worked in its fullest extent within theterritory of India.
S.83 of Patents Act provides that “Patents are granted toencourage inventions and to secure
that the inventions are worked in India on acommercial scale and to the fullest extent
reasonably practicable without unduedelay and they are not granted merely to enable
patentees to enjoy a monopolyfor the importation of the patented article.”The patentee and
every licensee should furnish the details of working of the invention at every six months and
whenever required by the Controller (S. 146)
REVOCATION
I. A Patent may be revoked by High Court on any of the grounds stated
hereafter,at any time during the life of the patent.
In a suit for infringement under Sec. 104 the defendant’s counter-claim for
revocation of a patent, the High Court may revoke a patent without any
separate petition for revocation.
EQUITABLE ASSIGNMENTS
Any agreement including a letter in which the patentee agrees to give a certain defined share of the patent
to another person is an equitable assignment of the patent. However an assignee in such a case cannot have his
name entered in the register as the propertier of a patent. An assignment which does not fulfil the statutory
criteria for a legal assignment. An equitable assignment may be made in one of two ways:
The assignor can inform the assignee that he transfers a right or rights to him.
The assignor can instruct the other party or parties to the agreement to discharge their obligation to the
assignee instead of the assignor.
Only the benefit of an agreement may be assigned. There is no requirement for written notice to be given or
received. The only significant difference between a legal assignment and an equitable assignment is that an
equitable assignee often cannot bring an action in its own name against the third party contractor, but must fall
back on the rules governing equitable assignments and join the assignor as party to the action.
LICENSES
If an invention is used before the priority date of the relevant claim of complete
specification by the Government or any person authorized by it for the purpose of
Government, then no royalty or remuneration need to be paid to the patentee.
Where Government authorizes any person for using an invention for Govt.
purposes then unless it is contrary to the Public interest the Central Government
shall inform the patentee, from time to time, the extent of use of the invention for
the purpose of Government. In case of use by the undertaking, Government may
call for such information from the undertaking.
The right to use the invention for the purpose of Government includes the right
to sell the goods and the purchaser has the power to deal with the goods as if the
Government or the person authorized were thepatentee of the invention.
In relation to any use of the invention made for the purpose of Government by the
patentee to the order of Central Government any sum payable by virtue of section
100 (3) shall be divided between the patentee and the assignor in such proportion as
may be agreed upon or in default be decided by high Court under section 103.
In case there is an exclusive licensee authorized under his license to use the
Invention for the purpose of Government the patentee shall share any payment
and such licensee in such proportion as agreed upon or, in default, is decided by
High Court under section 103.
Notice of acquisition shall be given to the applicant or patentee, as the case may
be, and other persons appearing in the register as having interest in that patent.
(1) Notwithstanding anything contained in the other provisions of this chapter, at any time after the sealing of a
patent, any person who has the right to work any other patented invention either as patentee or as licensee
thereof, exclusive or otherwise, may apply to the Controller for the grant of a license of the first-mentioned
patent on the ground that he is prevented or hindered without such license from working the other invention
efficiently or to the best advantage possible.
(2) No order under sub-section (1) shall be made unless the Controller is satisfied-
(i) that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if
they so desire, of a license in respect of the other invention on reasonable terms; and
(ii) that the other invention has made a substantial contribution to the establishment or development of
commercial or industrial activities in India.
(3) When the Controller is satisfied that the conditions mentioned in sub-section (1) have been established by
the applicant, he may make an order on such terms as he thinks fit granting a license under the first-mentioned
patent and a similar order under the other patent if so requested by the proprietor of the first-mentioned patent
or his licensee.
(4) The provisions of sections 92 and 110 shall apply to licenses granted under this section as they apply to
licenses granted under section 84.
PATENT AGENTS
A patent agent, also known as a patent practitioner, is a professional licensed by the United States Patent and
Trademark Office (USPTO) to advise on and assist inventors with patent applications. Patent agents may
also provide patentability opinions and help with the preparation and filing of documentation related to patent
applications.
Patent agents assist inventors with completing and submitting all patent-application paperwork, searching for
prior art, writing the inventor's legally enforceable claims of ownership to the invention, revising rejected
patent applications, and deciding when it's best to abandon an application. In the U.S., there were over 48,000
people on the list of registered patent attorneys and agents in 2021, with over 36,000 of them also licensed to
practice law. Patent attorneys are patent agents who also practice law. The Patent Agent is required to be
registered for practicing as per Patent Rules, 2003. The Patent Agent is required to submit an application for
Registration as a Patent Agent in Form 22 before the Indian Patent Office. After the acceptance of the
application by the Indian Patent Office, the details of the registered Patent Agent should be added into the
Register of Patent Agent, which is maintained by the Controller. The Register of Patent Agent should include
all the details of the registered Patent Agent, which consists of the name, address, and other important
particulars related to the Patent Agent.
The Controller is required to maintain a Register of Patent Agents in accordance with Section 125 of the Patent
Act, 1970, read with Rule 108 of the Patent Rules, 2003. The particulars which are to be contained in the
Register of Patent Agents are as follows:
Furthermore, a copy of the Register of Patent Agents should be maintained in every Branch Office. The details
of the Patent Agents can also be maintained by the Controller in computer diskettes, floppies, or any other
electronic form. The details maintained in computer diskettes, floppies, or in electronic form are subject to
safeguards as may be prescribed in this regard. The details maintained should be accessed only by the person
duly authorized by the Controller, and no entry or modification of any entry or rectification of any entry in the
Register of Patent Agent should be made by any person who is not authorized by the Controller.
As per Section 127 and read with Section 129 of the Patent Act, 1970, every Patent Agent whose name is
entered in the Register of Patent Agents is eligible for the following rights:
The person is required to prepare all the documents related to Patent, manage all business and discharge
any other function as prescribed under the provisions of the Patent Act, 1970, in regard to, any
proceeding before the Controller.
There are primarily two restrictions imposed on a Patent Agent under Section 129 of the Patent Act, 1970 on a
patent agent. The restrictions on the Patent Agent are as follows:
The person should not without registering himself/herself as a Patent Agent, that is unless the person
himself/herself and all of his/her partners are so registered as Patent Agent, should not either alone or in
any partnership with any other Patent Agent or practicing person, hold or describe himself/herself to be
a Patent Agent or permit himself/herself to be held out or described so as a Patent Agent.
No Company or any other body corporate should practice, describe itself or hold itself out as a registered
Patent Agent or permit itself to be described or held out as a Patent Agent.
Furthermore, as per Rule 123 of the Patent Rules, 2003, if any person or a company contravenes the provisions
prescribed under Section 129 of the Patent Act, 1970, the person or the company should be punishable with fine
which can be extended to 1 lakh Rupees in case of the first offense and 5 lakh Rupees in case of the second
offense.
What are the grounds for Disqualifications for Registration of Patent Agent?
The Patent Rules under Rule 114 provides for the grounds of disqualification for Registration of Patent Agent in
India. The disqualifications are as follows:
The person being a legal practitioner has been found guilty of some professional misconduct;
The person being a Chartered Accountant (CA) has been found guilty of some misconduct or
negligence;