Innovation and IPR

Prasanta Sarkar, Professor, Dept. of Electrical Engg.

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

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

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

 Think simple innovative ideas that the project team

can implement.

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

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

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

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

 The topic should be narrowly focused and carefully defined.

 Team members must have willingness to demonstrate

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

 A topic that make use of team members work experience

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

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

The first out of the gate product receives competition by later

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

Putting together two ideas to a new

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

Write down a brief description of the problem

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

 Post the description.

 Encourage an enthusiastic, uncritical attitude among barnstormers

and encourage participation by all members of the team.

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

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

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

breakdown preconceptions about the limits of the
problem.

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

 Industrial property: includes patents for innovations,

trademarks, industrial designs and geographical indications and

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

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

 Patent gives the owner the right to exclude others from

making, using, selling, offering to sell for a fixed period of time.

 It is an obligation for patent owners to disclose

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

 Patents provide incentives to individuals or group by recognizing

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

 Incentives encourage innovation, which in turn enhances the

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

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

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

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

in superscript, for an unregistered trademark.

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

for an unregistered service mark.

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

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

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

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

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

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

 Copyrights are automatic rights in that the protection is

obtained by virtue of creation by the copyright owner.
 Software and algorithms are considered to be forms
of expressions of ideas and are protected by
copyrights.
 Criteria for the Grant of Patents
 Is the invention new or novel ?
 Belongs to any one of the patentable subject matter or does
not belong to any one of non-patentable subject matter ?
 Has an inventive step or is non-obvious ?
 Capable of industrial applicability or useful ?
 Novelty of Invention
 Relative novelty : it is said to be present when a grace period
exist from the date of invention was made known publicly
before the earliest filing date.

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

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

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

uses or sales that have taken place within that jurisdiction to be
novelty destroying to the invention.
 Inventive Step or non-obviousness
 Inventive Step or non-obviousness: means a feature of an
invention that involves technical advance as compared to the
existing knowledge or having economic significance or both
and that makes the invention not obvious to a person skilled in
the art.
 An invention shall be considered as involving an inventive state
if having regard to the state of the art, it is not obvious to a
person skilled in the art.
 Industrial Applicability

 Industrial Applicability means an invention is capable of

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

 New and useful process or product or both

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

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

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

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

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

 Database searches are most useful for sophisticated

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

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

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

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

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

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

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

As per section 13 of the copyright act, copyrights

subsist throughout India in the following classes of
work:

 Original, literary, dramatic, musical and artistic work

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

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

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

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

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

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

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

Thanks
Thank You