INTELLECTUAL PROPERTY RIGHTS
Kongunadu Arts and Science College, apart from teaching and extension activities is doing outstanding and innovative research in several fields of basic and applied science. The college recognizes its responsibility to propagate and disseminate knowledge. Hence, there is a need to encourage creativity and scholarly works and to develop new and useful materials, devices and other intellectual property. Creating the intellectual property shall have potential for commercialization, which in turn contributes to the professional development of the individual involved, enhances the reputation of the college, offers expanded educational opportunities for students and promotes public welfare. The college is committed to provide all sorts of conducive environment to the researchers which results in creation of intellectual property. In order to protect the intellectual property thus being created, the college establishes an intellectual property cell on 01.06.2017.
The booming research and innovative teaching necessitates proactively exploring and bringing it to light the treasure of Intellectual Property Rights (IPR) in our institution. In this direction, Centre for Intellectual Property Rights (CIPR) was established in our institution on 01.06.2017. It was established to create awareness and offer assistance to academicians, researchers, entrepreneurs and innovators to identify, protect and manage novel ventures effectively through CIPR. The mandate of this centre shall be to create IPR awareness, encourage filing of patent and facilitate the process of patent filing and maintenance of IPR.
What is a patent?
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.
- To create an awareness about IPR among faculties and students.
- To impart training on future endeavors in patent filing processes.
- To conduct workshops, seminars and training courses on IPR.
- To create an opportunity for Product development and Commercialization.
Institution provides for patents as follows
- Patents: - It shall be competent for the Executive council to take out patents in respect of any discovery or invention made by the teachers or research students of this institution.
- Right to be in joint name: -The patent shall be taken in the joint names of the institution and the person responsible for the discovery or invention.
- Expenses of registration: -The expenses in connection with the registration of patents shall be borne by the Institution.
- Sharing of profits-Any profit accruing from the patent shall be shared equally between the institution and the person responsible for the invention or discovery.
- Usage of patents: -The person responsible for the invention or discovery shall render free service to the Institution in connection with the exploitation of the patent. The terms on which patents may be offered for exploitation shall be determined solely by the Executive council.
The Institution is obliged to
- Promote and encourage application oriented scientific research.
- Make reach of inventions to the common man under institutional supervision.
- Encourage, assist and provide mutually beneficial rewards to the institution and inventory member.
- Institution to secure sponsored research funding at all levels of research.
Intellectual Property Rights
Intellectual Property Rights shall include Patents, Trademarks, Copyrights, Trade Secrets and other species such as computer software or printed material, any new and useful process, machine, composition of matter, life form, article of manufacture, software, copyrighted work, such things as new or improved devices, circuits, chemical compounds, drugs, genetically engineered biological organisms, data sets, software, musical processes, or unique and innovative uses of existing inventions. For these purpose the Ordinances Intellectual Property may or may not be patentable or copyrightable.
Ownership of Intellectual Property
- IP shall be owned by the institute if created as a result of institutional research or created by substantial use of institutional facilities or resources.
- The Creator at his option may retain ownership when the IP developed without using institutional resources.
- The institutional faculty and students may publish their research outputs provided that are not copyrightable/patentable intellectual property.
Intellectual Property Rights can be from
- Assignments undertaken by the institute from external agencies or self made projects.
- Individual or a team of researchers.
The Institute Shall
- Educate faculty members, staff and others regarding institutional intellectual property.
- Provide legal support.
- Report applicable laws and regulations in a timely manner.
The Creator Shall
- Disclose the invention in a thorough manner.
- Provide assistance throughout the period of Intellectual Property Rights procedures
The IPC shall consist of
- IPR Director appointed by the Secretary, who shall be the head of CIPR.
- One Intellectual Property Attorney from patent office Chennai suggested by the institution.
- Technical supporting staff from private agency.
- The Dean, Faculty of research.
- Upto three other Professors (relevant field) nominated by the Secretary.
- The meeting of the IPC shall be convened by the IPC head from time to time.
- The institution shall provide adequate support and secretarial staff.
When the individual researcher or a team of researchers is the Creator and has used substantial institutional resources, the Revenue shall be shared amongst the individual researcher/team of researchers and the Institution 60% and 40% respectively.
- Does Indian Patent give protection worldwide?
Patent protection is 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. There is no patent valid worldwide.
- Is it possible to file international application under Patent Cooperation Treaty (PCT) in India?
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.
- What can be patented?
Any 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 sections 3 and 4 of the Act.
- Who can apply for a patent?
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.
- How to apply for a 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.
- 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 (www.ipindia.nic.in.). This facility is also available for filing trademarks application.
- 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 sections 3 and 4 of the Patents Act, 1970.
- 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.
Dr. S. Paulsamy
Centre for Intellectual Property Rights
Kongunadu Arts and Science College
Coimbatore – 641 029
Phone : 0422 264 8171
Mobile: +91 99446 87080
E-mail: paulsami [at] yahoo.com
Fax: 0422 2644452