PPP Pathways: NAVIGATING PATENTS, PROJECTS AND PUBLICATIONS

PPP PATHWAYS: NAVIGATING PATENTS, PROJECTS
AND PUBLICATIONS
DR.T.M.INBA MALAR
PROFESSOR/ECE
R.M.K. COLLEGE OF ENGINEERING AND TECHNOLOGY
Date: 02.03.2024

INTELLECTUAL PROPERTY
 Intellectual Property (IP) is a property that arises from the human
intellect.
 It is the creations of the mind

INTELLECTUAL PROPERTY RIGHTS (IPR)
 IPR is the body of law developed to protect the creators who have
disclosed their invention for the benefit of mankind.
 This protects their invention from being copied or imitated without
their consent.

Types of Intellectual Property Rights in India
 1. The Copyrights Act, 1957 (―Copyright Act‖)
 2. The Trade Marks Act, 1999 (―Trade marks Act‖)
 3. The Patents Act, 1970 (―Patents Act‖)
 4. The Design Act, 2000 (―Design Act‖)
 5. The Geographical Indications of Goods (Registration and Protection)
Act, 1999 (―GI Act‖)
 6. The Protection of Plant Varieties and Farmer’s Rights Act, 2001
(―Plant Varieties Act‖)
 7. The Semiconductor Integrated Circuits Layout- Design Act, 2000
(―SICLD Act‖)

1. The Copyrights Act, 1957 (―Copyright Act‖)
 Protection for 60 (sixty) years
 original literary, dramatic, musical and artistic works;
 cinematograph films;
 sound recording
 Interestingly, a copyright protection can also be obtained for
computer programmes.

2. The Trade Marks Act, 1999 (―Trade marks Act‖)
 Provides protection for symbols, colours, shapes, words, etc.
representing and relating to a good or a service.
 brand name, logo, sound, shape, etc., and distinctively identifies the
goods/services to the brand bringing uniqueness to the mark.

3. The Patents Act, 1970 (―Patents Act‖)
 A patent is an exclusive right granted for an invention, which is a
product or a process

4. The Design Act, 2000 (―Design Act‖)
 Means and includes „only the features of shape, configuration, pattern,
ornaments or composition of lines or colours, applied to any article whether
in two dimensional or three dimensional or in both forms, by any industrial
process or means, whether manual, mechanical or chemical, separate or
combined, which in the finished article appeal to an are judged solely by
the eye‟.
 Some examples of design patents include ornamental designs on jewelry,
automobiles or furniture, as well as packaging, fonts, and computer icons
(such as emojis). Some famous design patent objects include the original
curvy Coca-Cola bottle (1915) and the Statue of Liberty (1879).

4. The Design Act, 2000 (―Design Act‖)

5. The Geographical Indications of Goods
(Registration and Protection) Act, 1999 (―GI Act‖)
 owing to their place of
origin
 The GI Act covers only
goods such as agricultural
goods, food stuff, handicraft
goods, manufactured goods,
and natural goods.

5. The Geographical Indications of Goods
(Registration and Protection) Act, 1999 (―GI Act‖)

6. The Protection of Plant Varieties and Farmer’s
Rights Act, 2001 (―Plant Varieties Act‖)
 to recognize rights of Indian farmers and to provide protection to
plant varieties in order to encourage the growth and development of
more plant varieties.
 The validity of registration for the protection of a plant variety is for a
period of nine (9) years in the case of trees and vines, and for a
period of six (6) years in the case of crops, with the option of renewal
of such registrations.

7. The Semiconductor Integrated Circuits Layout-
Design Act, 2000 (―SICLD Act‖)
 A „semiconductor integrated circuit‟ is defined as „a product having
transistors and other circuitry elements which are inseparably formed on a
semiconductor material or an insulating material or inside the semiconductor
material and designed to perform an electronic circuitry function‟.
 An application for registration of design layouts has to be in writing and is
required to be filed before the Registrar in the Semiconductor Integrated
Circuits Layout-Design Registry present in the territorial limits of the
principal place of business of the applicant.
 Further, the protection afforded to registered layout-designs is for a period
of 10 (ten) years.

FOR MOST PRODUCTS EVERY FORM OF INTELLECTUAL PROPERTY
RIGHTS CAN BE OBTAINED
CAMERA
“PATENT”  FOR EVERY INDIVIDUAL IMPROVED MECHANISM
“DESIGN”  FOR OUTER SHAPE & CONTOUR / CONFIGURATION
“TRADE MARK” BRAND NAME OR LOGO FOR GOODS DENOTED AS ®
“COPY RIGHT” FOR INSTRUCTION / MANUAL BOOKLET DENOTED AS ©

PPP Pathways: NAVIGATING PATENTS, PROJECTS AND PUBLICATIONS

Example-1: LED Cricket Stump
 Bronte EcKermann — invented the LED stumps in 2012. He and his
business partner, David Leggitwood, founded Zing International in
Australia.
 LED stumps are made from composite plastic, they are embedded with
LED lights, a stump camera, and a microphone.
 Moreover, the Zing bails are powered by hidden low-voltage batteries.
 They consist of microprocessors that detect when the bails are dislodged
from the stump’s rim.
 The bails light up within 1/1000th of a second once they come in
contact with the ball, bat, or any player.
 Then the microprocessor sends a radio signal to the stumps, which
prompts them to light up.

THE COST OF LED STUMPS
 A set of LED stumps, which consist of bails, manufactured by Zing
International cost around $40,000, which means ₹30 lakhs to ₹35 lakhs in
India.
How much does BCCI pay for it?
 The BCCI has signed a long-term contract with Zing International to supply the
stumps to the BCCI for both international matches at home and the IPL.
 According to The Federal, for IPL 2021 and IPL 2022, the BCCI approximately
paid Rs. 1.60 crores and Rs. 2 crores, respectively, to Zing International.
 As per the contract, Zing is responsible for the maintenance of stumps and
bails.
 And in case a stump is broken during the match as it happened recently in the
IPL the organisers bear the cost of stumps.

Why do the cricket LED stump-bails cost $40k per match?
 The high cost is that the people
who invented this technology
patented it and asked for this much
 https://patents.google.com/patent/
WO2011044642A1/en

What is a patent?
 A patent is an exclusive right granted for an invention, which is a
product or a process

How long does a patent last?
 The protection is granted for a limited period, generally 20 years
from the filing date of the application.

PATENT
A patent is a Monopoly Right granted
 For an invention
 By the government
 To the inventor or his assignee
 For a limited period
 Excluding others from making, using, selling, importing the
patented product or process producing that product
 It is valid within the country of grant

INVENTION
 Invention is a successful technical solution to a technical
problem.
 Has to be reproducible
WHAT IS PATENTABLE INVENTION?
 To be granted a patent, an invention must be
 (i) Novel
 (ii) Non-obvious or Inventive step
 (iii) Capable of industrial application

PATENTABLE INVENTION
Novel (new)
Not published elsewhere before the date of filing of the patent
application
Non-obvious or Inventive step
Significantly different from that which is already known or
Involves technical advance as compared to the existing knowledge
Capable of industrial application

What can be patented?
 A Product
 A Process
A patent protects an invention, the creation of a
product, or the process for manufacturing
an existing product with new technologies.

Example-2: Export packaging Technology for Jasmin Flowers
Indian Council of Agricultural Research - National Agricultural
Innovation (ICAR-NAIP) Project

Ventilated corrugated fibre board (CFB) boxes with butter paper lining and the ventilation
is made by making holes in the corrugated fiber boxes.

Not patentable in India
 Contrary to natural laws
 Immoral or harmful inventions
 Discoveries of scientific principles
 Inventions related to atomic energy

Why patent is necessary for a country ?
To encourage
research and
development
Encourages
technology
development
Encourages
establishment of new
industries

Where to apply?
Patent in each country

World Intellectual Property Organisation or WIPO
 WIPO is a UN specialized agency created in 1967 to promote
intellectual property (IP) protection and encourage creative activity
all over the world.
 WIPO is a self-funded agency of the United Nations.
 192 members
 It is at present headed by Francis Gurry, who is its Director-
General.
 WIPO is headquartered in Geneva, Switzerland.
 India joined the WIPO in 1975.

 The World Intellectual Property Organisation or WIPO is a global body for
the promotion and protection of Intellectual Property Rights (IPR).
 It acts as a global forum for IP Services.
 WIPO is a self-funded agency of the United Nations.
 With 192 members, WIPO‟s motto is to encourage creative activity, to
promote the protection of intellectual property throughout the world.
 It is at present headed by Francis Gurry, who is its Director-General.
 WIPO is headquartered in Geneva, Switzerland.
 WIPO has its origins in the United International Bureaux for the Protection
of Intellectual Property (BIRPI), which was established in 1893.

PCT — The international patent system
 The PCT is an international treaty with more than 155 Contracting
States.
 The PCT makes it possible to seek patent protection for an invention
simultaneously in a large number of countries by filing a single
“international” patent application instead of filing several separate
national or regional patent applications.
 The granting of patents remains under the control of the national or
regional patent Offices in what is called the “national phase”.

Delhi Chennai
Kolkata Mumbai
Indian Patent Offices - IPO

STAGES FROM FILING TO GRANT OF A PATENT
1. File an application for patent
2. Formality Check
3. Publication
4. Request for Examination
5. Examination
6. Issue of FER
7. Response from the Applicant
8. Pre-grant Opposition
9. Examination of Pre-grant
Opposition
10. Consideration of Pre-grant
Opposition
11. Grant of a Patent
12. Post Grant Opposition
13. Appeal
14. Decision of Controller
15. Revoked/ Amendment

STAGES FROM FILING TO GRANT OF A PATENT

Forms required to be filed with the Specification
 Form 1: Application for Grant of Patent.
 Form 2: Provisional/ Complete Specification.
 Form 3: Statement and Undertaking. (Compulsory)
 Form 5: Declaration of Inventorship. (Compulsory)
 Form 9: Request for early Publication. (Optional)
 Form 18: Request for Early Examination. (Compulsory)

Anatomy of the Complete Specification -Indian
Patent Office (IPO)
 A typical patent specification has the following sections:
 1. Title of invention
 2. Field of invention - Scope
 3. Background of invention - Prior art
 4. Object of invention – Detail about advantages
 5. A summary of invention
 6. A brief description of the drawing
 7. Detailed description of the invention with reference to drawing/examples
 8. Claim(s)
 9. Abstract
 10. Drawings (If Any)

PATENT SEARCH
 Google patents
 IPO
 USPTO
 EPO
 WIPO

RENEWAL FEE
 To be paid within 36 months from date of recording in the register [sec
142 (4) ]
 No fee for 1st and 2nd year
 Renewal fee, on yearly basis, is required to be paid for 3rd to 20th
for keeping the patent in force
 Delay upto six months from due date permissible on payment of fee
for extension of time
 Patent lapses if renewal fee is not paid within the prescribed period

THE FORMS AND FEE SCHEDULE
 https://ipindia.gov.in/
 https://ipindia.gov.in/form-and-fees.htm
 https://ipindia.gov.in/writereaddata/Portal/ev/schedules/Schedule_
1.pdf
 https://iprsearch.ipindia.gov.in/publicsearch
 https://iprsearch.ipindia.gov.in/PublicSearch/PublicationSearch/Appli
cationStatus

Take action against
Infringements

Injunction, which means that all your products may be removed
from the market
Destruction of your products
Paying damages to the patent owner
Being given a fine,
e.g. the Kodak vs. Polaroid case
Being sentenced to imprisonment
Consequences of infriging

Polaroid's instant camera, which develops photographs on the spot in 60 seconds, was a technological
marvel that captivated America when it first appeared on store shelves after Thanksgiving in 1948.
Polaroid alleged that Kodak illegally incorporated the technology in instant photography products it sold
from 1976 until early 1986.
Polaroid Wins $909 Million From Kodak :
October 13, 1990|From Times Staff and Wire Reports

Apple Files Patent Lawsuit Against Samsung Galaxy S Phone and Tab
For Copying iPhone and iPad

Apple sued HTC over iPhone patents
•Apple sued phone maker HTC and has filed a complaint with
the U.S. International Trade Commission, alleging that the
Taiwanese company is infringing 20 Apple patents related to
the iPhone
•Steve Jobs, Apple's CEO, said in a statement "We think
competition is healthy, but competitors should create their own
original technology, not steal ours."

Example of a successful civil enforcement action
 3 suits filed by Adidas Saloman AG in
the Delhi High Court against
counterfeiters
 At the initial stage, infringing goods
were seized by the Local
Commissioner
 Cases were decreed recently &
damages of Rs. 15 lakhs was
awarded to Adidas Saloman

Steps
 Literature Survey
 Design of Hardware
 Software Coding
 Implementation
 Test
 Results
 Analysis

FUNDING
 MSME - Ministry of Micro, Small and Medium Enterprises
 TNSCST - TamilNadu State Council for Science and Technology

PUBLICATIONS
 Conference Proceedings
 Journal

Anatomy of a research paper
 Abstract
 Keywords
 Introduction
 Literature Review
 Proposed Methodology/Materials and Methods/System Description
 Results
 Discussion
 Conclusion
 References

INDEXING
 Scopus
 Web of Science
 SCIE
 SCI

ROLE MODEL
 20,040 crores USD
 Founder, CEO, and chief engineer of
SpaceX
 Angel investor, CEO and product
architect of Tesla, Inc.;
 Founder of The Boring Company;
 Co-founder of Neuralink and OpenAI;
 President of the Musk Foundation;
 and Owner and CEO of Twitter, Inc

CONCLUSION
Technological advancement made the job of the CREATOR easy
………it also made the job of the COPY-ER easy.
Create yourself, rather than using other’s creations
Do not use competitor’s mark in such way that it harms competitor in unfair
way

PPP Pathways: NAVIGATING PATENTS, PROJECTS AND PUBLICATIONS

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