INTELLECTUAL PROPERTY
Intellectual property (IP) encompasses the expression of ideas, information and knowledge. IP includes not only discoveries and inventions but also music, literature and other artistic works, as well as words, phrases, symbols and designs.
Intellectual Property Rights (IPR) are the legal rights protecting the owners of IP. The first owner of IP is normally either the person who invents, authors or designs the IP, or his/her employer (depending on the contractual arrangements governing his/her work). Commercial exploitation of the IP can occur directly by the owner of the IP, or by licensing the IP to be used by other companies.
NSCT’s IBMR, Chakan I.P.R. CELL
In an Institute, IP can be considered as the outcome of research projects, collaborations, consultancies and other activities. It is imperative that an IPR cell must be established for any self-sufficient Institute to meet the needs of the academic fraternity. At NSCT’s Institute of Business Management and Research, Chakan, the IPR cell was established in January 2018.
The research community has developed norms and values for how scientific results are obtained and disseminated. The Institute will protect and safeguard the academic staff’s customary and statutory right to decide whether and in what way a scientific publication is to be published. Therefore, it is part of the Institute’s IPR policy to provide positive incentives to the employees for commercial use of the results of their work when circumstances permit and for traditional dissemination and public use of ideas, findings and intellectual property (including teaching material) that has been produced at the Institute.
OBJECTIVES
IPR POLICY
Academic and Research Institutions are concerned with successfully managing projects and research initiatives and the protection of their IP Rights which will benefit all stake holders. NSCT’s IBMR, Chakan I.P.R. Cell is governed by the Institute Intellectual Property Rights Policy which was established in January 2018.
SALIENT FEATURES OF THE POLICY:
OBLIGATIONS OF THE INVENTOR
FREQUENTLY ASKED QUESTIONS
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Patent protection is a territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application. The addresses of these offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application. There is no extension of time to file complete specification after expiry of said period.
Q. Is there provision for filing patent application electronically by online system?
From 20th July, 2007 the Indian Patent Office has put in place an online filing system for patent application. More information for filing online application is available on the website of Patent Office i.e. www.ipindia.nic.in. This facility is also available for filing trademarks application.
Q. What are the criteria of patentability?
An invention to become patentable subject matter must meet the following criteria –
i) It should be novel.
ii) It should have inventive step or it must be non-obvious
iii) It should be capable of Industrial application.
iv) It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.
http://www.ipindia.nic.in/writereaddata/Portal/IPOAct/1_31_1_patent-act-1970-11march2015.pdf
Q. Should application for patent be filed before or after, publication of the details of the invention?
The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is grace period of 12 months for filing application even after publication.
SOME IMPORTANT LINKS
Indian Intellectual Property Office: http://www.ipindia.nic.in/
Various forms required in the Indian Patent Office: http://www.ipindia.nic.in/form-and-fees.htm
Indian Patent Act: http://www.ipindia.nic.in/writereaddata/Portal/IPOAct/1_31_1_patent-act-1970-11march2015.pdf
UK Intellectual Property Office: https://www.gov.uk/government/organisations/intellectual-property-office
European Patent Office: http://www.epo.org/
United States Patent and Trademark Office: https://www.uspto.gov/
World Intellectual Property Organization: www.wipo.int/
NSCTIBMR IPR Policy: IPR Policy
Activities
Workshop on Cyber Laws (IPR)
Resource Person: Mr. Umakant Thakre
Date: 28th Sep 2024,From 9 am to 4 pm
Mr. Umakant Thakre is the technology Evangelist and a Law Degree Holder and is associated with numerous organizations in Information security. He discussed with the students about the Cyber Laws and the various IPR issues related with it. The various terms discussed in the workshop were Copyright infringement, Cyber Crimes, Cyber Squatting, IPR issues and challenges involved in it.
He shared his experience of working on Cyber Crimes which made the session very interesting for the students.
Orientation on IPR
Resource Person: Mr. Umakant Thakre
Date: 26th October 2024, From 9 am to 1 pm
Mr. Umakant Thakre is a Professional IPR expert. He oriented the students about the newly established IPR cell in the institute. Mr. Umakant Thakre is an Innovator. He introduced to the students the various aspects of IPR and how one can safeguard their own personal information from others.