IPR STARTUP PRESENTATION FOR STARTUP VENTURE
- 1. Intellectual Property Rights (IPRs) & IP Management for Startup 16.04.2024 Dr. S. Gopinath, M.E., Ph.D., MIEEE., MISTE., Professor & Head Department of ECE Karpagam Institute of Technology Coimbatore – 105.
- 2. Intellectual Property Rights Intellectual Property Rights (IPR) are the rights given to the persons over the creations of their minds.
- 3. IP as intangible property Tangible property Land, houses, estates,car Intangible property -intellectual property Intangible wealth, easily appropriated and reproduced, once created the marginal cost of reproduction is negligible
- 4. Why IP protection is given Capital expenditure for new products Research and Development Marketing and advertisement No free loaders Maintaining loyal followers profit
- 5. IP as a property Can be sold Can be bought Can be lease or rent Can pass under a will Can be assigned
- 6. Intellectual Property Rights 6 “INDUSTRIAL PROPERTIES” •PATENTS • INDUSTRIAL DESIGNS • TRADEMARKS • TRADE SECRETS •GEOGRAPHICAL INDICATORS •COPYRIGHTS
- 7. The Laws For Intellectual Property Protection Copyright Act 1987 Trademarks Act 1976 Patent Act 1970 Industrial Design Act 1996 Geographical Indications Act 2000
- 8. Patents Exclusive right for being the true and first inventor of a product or process, granted by the govt. for a limited period, to exclude others from making, using, selling or importing the patented product or process with out his consent, in exchange of full disclosure of his invention. Term: 20 years from the Date of Filing Total Number of Patens Filed in India : 66,440 China – 6,95,400 Gurtej Singh Sandhu holds the record for the most patents by an Indian. He has over 1340 utility patents and is Senior Fellow and Vice President at Micron Technology. He works in the field of Electrical Engineering
- 9. Patent jurisdictions A patent is only valid in the jurisdiction in which it is granted. Mumbai Chennai Patent office branches New Delhi Kolkata World Intellectual Property Organization -1967 Patent Cooperation Treaty – 1970 World Trade Organization - 1995
- 10. What is Patentable? Product Tools/Apparatus for producing the product The process The composition of matter Methodology
- 11. Documents required for filing a patent application Application Form (Form 1) Specification (Provisional/ Complete) (Form 2) Drawings Undertaking under section 8 (Form 3) Power of Authority
- 12. Drafting patent application Title of the application Background and summary of the invention Abstract and Drawings Elaborate description of the designs and drawings Patent Claims Cross-reference to related applications
- 13. Trade Secrets A trade secret is something that offers an advantage in business if it keep as a secret. A trade secret can be a client list, the formula for a product, etc. A trade secret does not have to be patentable, but it must be capable of being maintained. For instance, a client list can be protected by computer password, and the formula can be safeguarded by disclosing it to a limited number of people. Trade secrets are not registered with any government or other agency.
- 14. 14 TRADE SECRET A typical example is Coca-Cola. This soft drink was invented in 1886 and was never protected by a patent, only by a trademark (for the name Coca-Cola) and by an industrial design (for this very special design of the Coca-Cola bottle, supposed to be in the shape of a woman wearing a long skin-tight dress). The process of the Coca-Cola drink is secret and is only known by two persons in the world. They are not allowed to travel together, so that there is no chance of them dying at the same time in an accident. The secret of the Coca-Cola process was well kept during all these years, and nobody is able to produce a drink with exactly the same taste still today. You all know that Pepsi Cola, its biggest competitor, has a different taste.
- 15. Copyrights Copyright means exclusive right to do or authorize others to do certain acts in relation. Permission is needed to reproduce the copyrighted material. “COPYRIGHT” • LITERARY • NOVEL • POEM • PLAYS • FILMS • MUSICAL • ARTISTIC • DRAWINGS • PHOTOGRAHS • PERFORMING ARTS • SCULPTURES • SOFTWARE
- 16. Copyrights Term: Author's life plus sixty years (Books) 60 years (Films, photographs) 25 years (Broadcasting) It protects the publications of the studies. Information provided by the drug companies may be protected by copyright law.
- 17. Geographical indications It should have a special quality or characteristics or reputation based up on the climatic or production characteristics unique to the geographical location. The registration of a geographical indication is from a period of 10 years. Renewal is possible for further period of 10 years each. 150 GI tags for agricultural and food products Examples: Kancheepuram silk, Darjeeling Tea, Solapur, Chaddar, Mysore Silk, Kullu Shawl etc
- 19. GI Award
- 20. Design The protection only for the appearance of the article and not how it work. Design registration protects designs having industrial or commercial use. Designs of stamp, labels, tokens, cards, or cartoons and part of an article sold separately can not be registered. Duration protection- 10 years and extendable for another term of 5 years.
- 21. Trade mark A trade mark is any design that can distinguish the goods of one trader from those of another. It includes words, logos, pictures, or combination of these. A trademark is used as a marketing tool for product positioning. The notion ® may be used for the trademark only if it is federally registered. Term: 10 years
- 22. Trade marks (cont.) Can either be registered or not registered. Advantages of registered trade marks. Application can be made for goods and services. Perform certain function such as indication of quality, identifying a trade connection.
- 23. Patent Search Text search Simple search Advanced search Syntax (command based) Number search Structure search
- 24. Patent Search Tools Paid Free CASWEBDelphion Intellectual https:// ipindiaservices.gov.in/ publicsearch https:// worldwide.espacenet.com/ patent/ PATENTSCOPE® search service MicroPatent JPO IPDL SurfIP.com USPTO PatFT/AppFT
- 25. ipindiaservices – Patent Search page
- 26. Infringement Infringement of a patent occurs when a competitor makes uses, sells, offers to sell or imports an embodiment of the invention with out the permission of the patent owner. Types: Direct infringement Indirect infringement Consequence of Infringement Injunction, which means that all your products may be removed from the market. Destruction of your products. Paying damages to the patent owner. Being sent to imprisonment.
- 28. IP Management for Startup What is a Start-Up? Any entity incorporated or registered in India not prior to five years, with an annual turnover not exceeding 25 crore rupees in any preceding financial year and working towards innovation, development or commercialization of new products, processes or services driven by technology or any other form of intellectual property will be deemed to be a Start-Up. At this juncture, it is essential to note that an entity would cease to a start-up after five years or once its turnover exceeds 25 crore rupees.
- 29. SIPP: Benefits The primary objective of the SIPP scheme is to promote awareness and the adoption of IPRs among start-ups. The scheme is exclusively designed to nurture emerging technologies in startups and assist them in protecting the same while deriving maximum commercial benefit out of it.
- 30. SIPP: Benefits In furtherance of this objective, The SIPP scheme helps start-ups to register and protect their intellectual property at charges that are affordable and convenient for them.
- 31. Availing the Benefits To avail the benefits of the SIPP, there are only two requisites!! The primary requisite is that the entity that seeks to avail this scheme is that it should be registered as a start-up with the Start-Up Certification Board. Second, such start-up should enlist the help of a facilitator.
- 32. Facilitator? Who's that? In order to assist start ups, the Government of India has appointed facilitators. Facilitators are those empanelled by the Controller of Patent, Trademark and Design (CGPTDM) and who are the ones permitted by the Government to assist start-ups in protecting their intellectual property.
- 33. What does a Facilitator do? Provides general advice in different IPRs to startups on a pro bono basis. Provides information with regard to protection and promotion of IPRs of startups in other countries. Provides assistance in filing and disposing off the IP applications with regard to patents, trademarks, and designs. Drafts complete or provisional specifications for inventions of startups and other ancillary functions.
- 34. Does the Government claim a right? Absolutely not! As stated earlier, the primary aim of the SIPP scheme is to promote awareness and the adoption of IPRs among start-ups. Therefore, the facilitator and the Government cannot and will not lay a claim on the intellectual property of the startup. It will be under the sole ownership of the startup.
- 35. Conclusion Intellectual property (IP) is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks etc. The main purpose of intellectual property law is to encourage the creation of a large variety of intellectual goods. This gives economic incentive for their creation, because it allows people to profit from the information and intellectual goods they create. Setting up IP will be useful for initiating start-up.