IP STRATEGY OVERVIEW

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AGENDA

 IP Strategy
 Types of IP Protection
 Patents

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IP STRATEGY
Overview

 Strategy - What is it?

 Kinds of strategies
 Depends on organization
 Business, Financial, Growth, etc.

 Is there an IP Strategy?
 What is IP?
 Types
 Strategy for
 Generation
 Ideation, mining, refining, etc.

 Protection
 Type, scope, geographical reach, etc.

 Commercialization
 Licensing, partnerships, etc.

 IP Cost

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IP STRATEGY
Types of IP Protection
Trademarks – Identify and distinguishes the source
of the goods of one party from those of others
 Can be a word, phrase, symbol, and/or
design or combination thereof
 Rights are established by using it on
products sold or registering with the
trademarks office
 Protection lasts as long as the trademark
continues to be lawfully used
Patents – Right to exclude others from making,
using or selling the invention
 Government granted term of generally 20
years from filing date of patent application
 Must pay associated fees in each country
you are interested in having protection
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Trade Secrets – Protect inventions which can’t
easily be reverse engineered
 A formula, process, design or information
that has commercial value and is not
generally known by the public
 Protection lasts as long as you can keep it
secret
Copyrights - Protects expression but not ideas
 Granted automatically upon creation, no
need to file application
 Exclusive right to reproduce, distribute, etc.
 Protection generally lasts for life of the author
plus 70 years
PATENTS
Why we need patent system?

 Background
 What is Patent
 Contract between Government and Inventor
 Limited monopoly in the exchange of information
 Goal – benefit of society
 Benefits
 Protects business and technology roadmap
 Excludes others from using inventor’s technology without his consent
 Collaboration tool
 Financial Asset

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PATENTS
What can be patented?

Subject to a few exceptions, a patent may be granted for an invention or improvement* of:

 an apparatus or device or composition that comprises the invention

 a method of using or implementing the invention
 a process for producing or making the invention
 a product produced by the process of the invention

* Most patents are “improvement” patents, or inventions that improve an existing invention
Software is patentable, and usually falls under a method or product

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PATENTS

It takes about 2-5 years to get a patent granted

PATENTS
Legal Requirements to get a patent

 Novelty
 new, not previously disclosed publicly

 Not obvious
 super new, the invention would not be obvious to one having ordinary skill in the art

 Fully described
 one having ordinary skill in the art should be able to reproduce the invention without difficulty

 Utility
 the invention must be useful

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PATENTS
Other Requirements to be considered

 Depends on IP Strategy

 Some factors could be:

 Impact

 Alternatives Available

 Method of detection

 Any other?

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 THANK YOU

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INDIA PATENT OFFICE INCENTIVES
 PM Modi announced 80% concession for
StartUps on India patent filing fees
 For MSMEs, there is a concession of 50% on
India patent filing fees.
http://www.ipindia.nic.in/IPActs_Rules/updat
ed_Version/schedules/Schedule_1.pdf

 Government of India also supports SMEs

through PHD Chamber

 A lot of their services are free of cost for

MSMEs. SMEs can register with PHD Chamber
and avail its services.
http://phdcci.in/index.php?route=informatio
n/information&information_id=20

* Please refer to website for latest updates in these incentives.

REFERENCES
For further reading

 nptel.ac.in/courses/110106081/ - Patent Law for Engineers and Scientists

 WIPO Patent Drafting Manual
 www.wipo.int/edocs/pubdocs/en/patents/867/wipo_pub_867.pdf
 WIPO Patent Search Tool:
 https://patentscope.wipo.int/

 WIPO Academy courses

 www.wipo.int/academy/en/
 Indian Patent Office
 http://www.ipindia.nic.in/
 Startup India initiatives
 https://www.startupindia.gov.in/pdffile.php

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