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.
MANAV RACHNA I.P.R. CELL
In a University, 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 university to meet the needs of the academic fraternity. At Manav Rachna, the IPR cell was established under MRIIC in February 2017.
The research community has developed norms and values for how scientific results are obtained and disseminated. The University 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 University’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 University.
- Training, Awareness and Motivation
- To create awareness about IPR within the faculty members and students of the University.
- To impart training on future endeavors regarding patent filing processes.
- To conduct professional workshops, seminars and training courses on IPR.
- To motivate innovators come with new ideas and help them to protect the innovation.
- To create an opportunity for Product development and Commercialization.
- Protecting IPR
- Searching and Analysis
- Patent drafting support
- Patent filing and prosecution
- Assist in external (out of Manav Rachna) IPR protection on a case-to-case basis under proper confidentiality agreements.
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. Manav Rachna I.P.R. Cell is governed by the University Intellectual Property Rights Policy which was established in April 2017.
SALIENT FEATURES OF THE POLICY:
- Manav Rachna University, Faridabad shall be the owner, with the creators specially stated as inventors for all the intellectual property inventions, software designs and specimens created by the creators who include regular faculty members, research scholars, students and those who make use of the resources of the University.
- Right to be in joint name: -The patent shall be taken in the joint names of the University and the inventor
- The inventor may retain ownership if the IP is developed without use of University resources and time.
- The expenses in connection with the registration of any I.P.R. shall be borne by the University.
- Any profit accruing from the patent shall be shared between the University and the inventor as per policy.
- The person responsible for the invention or discovery shall render free service to the University in connection with the exploitation of the patent. The terms on which patents may be offered for exploitation shall be determined solely by the University.
- The University faculty and students may publish their research outputs provided that are not copyrightable/patentable intellectual property.
- The process to be followed for filing a patent has been explicitly defined in the policy, and is to be followed for an efficient process.
OBLIGATIONS OF THE INVENTOR
- Disclose the invention in a thorough manner.
- Have trust on the I.P.R. cell and provide information as and when asked for.
- Provide assistance throughout the period of Intellectual property rights procedures.
FREQUENTLY ASKED QUESTIONS
Q. 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.
Q. Does Indian Patent give protection worldwide?
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.
Q. 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.
Q. What can be patented?
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.
Q. 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.
Q. How can I 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.
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.
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
UK 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/
MRIIRS IPR Policy: Click here
MRU IPR Policy: Click here
Awareness session on safeguarding intellectual property rights : Click here
Activities under IPR Cell: Click here