IPIM
MODULE: 5
Syllabus
Startup Innovation and IP: Motivating factors to innovate, rules for Startup innovation and
habits of Startup innovators, Key characteristics of designer, Developing design thinking
capability in Startup, Relevance of IP for Startup, Patent claim, structure of claims
IP Management activities: International patent classification, Search report and
examination report. IP Intelligence, acquisition of IP, commercialization of IP, Managing
IP Portfolio, IPR management imperatives: Role of a group managing institutional IPR,
Essential for management of IPR.
5.1 STARTUP INNOVATION AND IP:
5.1.1 MOTIVATING FACTORS TO INNOVATE
Motivating factors in startup innovation stem primarily from a combination of intrinsic
drives and the perception of a viable opportunity in the market.
These are often categorized as "pull" factors, as individuals are drawn to entrepreneurship by
choice, rather than "push" factors like unemployment
Intrinsic motivations
Curiosity and problem-solving: A natural desire to understand, explore, and find solutions
to challenges. A drive to explore new ideas, challenge the status quo, and solve complex
problems.
Purpose and passion: A desire to create value or make a societal impact driven by a strong
personal belief or purpose.
Extrinsic incentives
Financial rewards: Monetary bonuses, profit sharing, or other financial benefits for
successful innovations.
Recognition: Public acknowledgment and appreciation for contributions, which can be both
monetary and non-monetary.
Competitive advantage: The motivation to innovate to stay ahead of competitors and secure
market share.
Environmental and organizational factors
Organizational culture: A company culture that promotes collaboration, creativity, and
learning from failure is essential for continuous innovation.
An environment that encourages open communication, challenges the status quo, and
promotes psychological safety, where individuals are not afraid to fail.
Leadership support: Strong support from leadership that provides freedom, resources, and a
clear vision for innovation.
Collaboration: Opportunities for teamwork and knowledge sharing among peers and across
departments.
Clear vision and strategy: A well-defined strategic direction that gives purpose and a
framework for innovation efforts.
User-centric approach: A focus on customer needs and experiences to drive the creation of
relevant and valuable solutions.
Tolerance for risk and failure: A work environment that views failure as a learning
opportunity builds resilience and empowers employees to take calculated risks
5.1.2 RULES FOR STARTUP INNOVATION
Rules for startup innovation in India focus on government recognition, legal compliance,
and business operations. To be recognized as a startup, an entity must be under 10 years old,
have an annual turnover below Rs100 crore, and be a private limited company, LLP, or
partnership working on innovation. Startups must also comply with tax laws (like GST and
income tax), labor laws, protect their intellectual property (IP), and meet specific industry
regulations
Rules for startup innovation include legal requirements for business structure and
compliance, operational rules focused on innovation and scalability, and regulatory
compliance with labor, tax, and environmental laws. Additionally, startups should focus on
protecting intellectual property (IP), documenting ideas, and ensuring financial transparency,
according to the Startup India initiative and other sources.
The primary framework for startup innovation in India is the Startup India initiative, which
provides specific rules and eligibility criteria to foster a supportive ecosystem. Adhering to
these rules offers benefits like tax exemptions, easier compliance, and funding support.
Startup India recognition criteria
Age: Less than 10 years from the date of incorporation.
Turnover: Annual turnover must not exceed ₹100 crore in any of the previous financial
years.
Structure: Must be a private limited company, a registered partnership firm, or a limited
liability partnership (LLP).
Innovation: The entity must be working towards innovation, improvement of existing
products/services/processes, and have the potential to create employment or wealth.
Originality: It cannot be formed by splitting up or reconstructing an existing business.
Practical Rules for Innovation and Success
Successful startups typically adhere to core principles focused on market fit and execution:
Build something people want and will pay for: The single "golden rule" of startups is
solving a real customer pain point with a viable product or service.
Do it fast and lean: Focus on rapid iteration, testing minimum viable products (MVPs), and
gathering feedback quickly to validate assumptions and pivot if necessary.
Know your customer and market intimately: Deeply understand your target audience, their
needs, and the competitive landscape.
Have a unique "secret sauce": Great businesses differentiate themselves with an original,
transformative insight or approach, not just incremental improvements.
Build a winning team: Strong leadership and a cohesive team with a shared vision are crucial
for handling challenges and adapting to change.
Be data-driven: Track key performance indicators (KPIs) like burn rate, customer acquisition
cost (CAC), and churn rate to guide decisions and ensure financial stability.
Legal and compliance rules
Business structure: Register as a private limited company, partnership firm, or limited
liability partnership.
Intellectual property: Protect innovations with patents, trademarks, and copyrights.
Taxation: Comply with income tax, GST, and other tax regulations. Eligible startups may get
tax benefits under government schemes.
Labor laws: Adhere to minimum wage, provident fund (PF), and other employment
regulations. Startups may be allowed to self-certify compliance for a period.
Regulatory compliance: Follow industry-specific rules and environmental standards. Some
industries may be exempt from certain clearances for a period.
Operational and strategic rules
Focus on innovation: The core of a startup must be focused on innovation, improving
existing products/services, and having the potential for scalable wealth and employment
generation.
Documentation: Maintain written agreements and proper records for all ideas, contracts, and
finances from the start.
Financial transparency: Ensure compliance when seeking funding and understand the
implications of equity dilution from investments or loans.
Startup India registration: Register with the Startup India initiative to gain access to
government benefits, funding, and mentorship programs.
Business plan: Develop a clear business idea with a viable commercialization strategy and
potential for scaling.
Original entity: The company should not be a result of splitting up or reconstructing an
already existing business.
Post-incorporation rules
Ongoing compliance: File annual returns, hold board meetings, and maintain statutory
registers as required by the Companies Act.
Bank account: Open a separate business bank account for all transactions.
Tax registration: Obtain a Permanent Account Number (PAN) and Goods and Services Tax
(GST) registration.
5.1.3HABITS OF STARTUP INNOVATORS
Startup innovators in India share habits such as resilience, continuous learning, strong
communication, customer focus, and adaptability. They embrace failure as a learning
tool, are persistent in their vision, and prioritize clear communication and networking to
build relationships and foster collaboration. Innovators also maintain an agile and adaptable
mindset to navigate a fast-paced environment, staying on top of evolving technologies while
remaining customer-centric to co-create products.
Startup innovators develop habits like constantly seeking new knowledge through reading,
attending events, and taking courses; embracing experimentation and failure as learning
opportunities; and focusing on a clear, customer-centric vision. Key habits also include being
resilient, communicating effectively, and prioritizing self-care to avoid burnout.
Cultivate curiosity and continuous learning
Read intentionally: Make time to read books, articles, and other materials related to your
field.
Stay curious: Continuously ask questions to challenge your own assumptions and gain new
perspectives.
Learn new skills: Take online courses or attend workshops and conferences to broaden your
knowledge base and network. Continuous learning and improvement: They have an attitude of
not knowing it all, listen to data and user feedback, and use networking events to share
knowledge and find inspiration
Seek mentorship: Find experienced entrepreneurs who can offer guidance and support.
Embrace a culture of experimentation and resilience
Fail fast and learn from mistakes: View failures as opportunities to learn and grow, rather
than as endpoints.
Run experiments: Regularly conduct experiments to test assumptions and gather data,
aiming for speed and rapid results.
Prioritize decisiveness: Avoid over-analyzing and make timely decisions to maintain
momentum.
Stay persistent: Use passion as fuel to push through challenges and not be satisfied with the
status quo.
Focus on vision, communication, and customers
Maintain a clear vision: Have a strong sense of purpose and a clear vision for the future of
your company.
Communicate effectively: Practice explaining your ideas simply and persuasively to others,
such as potential clients or investors. They articulate their vision clearly to investors and
customers, using compelling narratives and localized messaging to build trust.
Be customer-centric: Emphasize understanding and serving customer needs, rather than
focusing solely on the product or technology.
Practice strategic self-management
Organize your time: Use tools like to-do lists and plan your week in advance to stay on track
and productive.
Networking and collaboration: They actively build relationships with other entrepreneurs,
investors, and industry experts through events and co-working spaces to foster partnerships
and growth.
Surround yourself with creative people: Connect with individuals who inspire you and
encourage new ways of thinking.
Resilience and persistence: They view failure as a learning opportunity, stay positive, and
remain committed to their vision, even when faced with setbacks.
Customer-centricity: They are obsessed with understanding user pain points, actively
incorporate customer feedback, and co-create products with their customers.
Agility and adaptability: They make decisions quickly, adapt their business strategies to
market changes, and embrace evolving technologies.
Effective planning and time management: They plan their activities, prioritize tasks, and
understand the importance of using time efficiently to reach goals, while also evolving their
plans as needed.
Team collaboration: They build flat organizational structures that encourage open
communication and value teamwork to achieve shared goals efficiently.
5.1.4 KEY CHARACTERISTICS OF DESIGNER
(not included for 2nd test)
5.1.5 DEVELOPING DESIGN THINKING CAPABILITY IN STARTUP
(not included for 2nd test)
5.1.6 RELEVANCE OF IP FOR STARTUP
Intellectual property (IP) is crucial for startups in India because it safeguards innovations,
builds business value, and attracts investment by creating a unique market position and a
competitive advantage.
IP rights protect inventions, brand elements, creative works, and software, and can be
leveraged for revenue generation and defense against competitors.
India's government actively supports startups through schemes like Startup India, which
provides significant rebates on filing fees and access to expert facilitators.
For a product manager, integrating IP strategy into the product development lifecycle is
essential for mitigating risks and maximizing return on innovation.
IP relevance
Safeguards innovations: IP gives startups the legal right to stop others from copying or using
their unique inventions, brand elements, and creative works.
Enhances business valuation: A strong IP portfolio makes a startup more attractive to
investors, as it shows the company is forward-thinking and has tangible, valuable assets, often
accounting for a significant portion of a startup's valuation.
IP assets can become the most valuable part of an intangible-asset-driven company, directly
increasing its overall market valuation, which is important for future acquisitions or
partnerships.
Creates a competitive advantage: IP can differentiate a startup from competitors, creating
barriers to entry that prevent others from replicating its core innovations and helping maintain
market share.
IP protection prevents competitors from copying a startup's unique innovations, technologies,
branding, and designs, which is vital in crowded markets. This creates a temporary market
monopoly, allowing the startup to establish itself.
Opens revenue opportunities: Patents, trademarks, and copyrights are assets that can be
licensed to other businesses, creativity.
ng new income streams, or can be sold as part of a larger business strategy. Protected IP can be
licensed to other companies for royalties, creating additional revenue streams beyond product
sales.
Attracts investment: Investors are more likely to fund companies that have protected their
intellectual property, as it reduces risk and demonstrates a commitment to long-term value. A
strong IP portfolio (e.g., patents and trademarks) is a key indicator for venture capitalists and
investors that a startup has valuable, defensible assets and a serious, long-term business plan.
Startups with IP protection are significantly more likely to receive funding.
Fosters innovation: By protecting their ideas, startups are encouraged to continue innovating,
knowing their investment in research and development is secure
Mitigates Legal Risks: Proactive IP management helps startups avoid costly legal disputes or
infringement claims from other companies.
Builds Brand Identity and Trust: Trademarks, logos, and designs help build brand
recognition and customer loyalty, differentiating the product in the
Government support in India
Startup India initiative: The government-led Startup India initiative provides support for IP
protection, such as an 80% rebate on patent filing fees for recognized startups.
Startup Intellectual Property Protection (SIPP) Scheme: This scheme aims to help
startups protect their patents, trademarks, and designs both in India and internationally.
Expedited IP protection: Rules have been introduced to allow for an expedited IP protection
process for startups, with a significant reduction in fees.
Relevance of IP startup Product Manager
Product managers should weave IP considerations into every stage of the product lifecycle:
Ideation: Identify potential inventions, unique designs, and brand concepts early. Conduct
initial searches to check for existing patents or trademarks (freedom-to-operate analysis).
Development: Decide whether to protect innovations via patents, copyrights (for software
code/creative works), or as trade secrets (for proprietary algorithms or formulas).
Commercialization: Ensure all IP ownership is clearly assigned to the company (especially
from founders, employees, and contractors via agreements) and align the IP filing strategy
with the product's go-to-market plan.
Post-Launch: Continuously monitor the market for potential infringements and be prepared
to enforce IP rights to maintain the competitive advantage.
5.1.7 PATENT CLAIM, STRUCTURE OF CLAIMS
Patent Claim Drafting:
Introduction to patent claim:
A patent claim is a legally binding statement in a patent application that precisely defines the
boundaries of an invention for which a patent is sought.
It specifies what the inventor has exclusive rights to and is the most crucial part of the patent,
as it determines the scope of protection and what others cannot legally make, use, or sell without
permission.
Think of claims as a fence that protects the invention, with everything else in the patent
document existing to support and explain them.
Defines the scope of protection: Claims legally establish the boundaries of the invention,
specifying exactly what is covered and what is not.
Legally binding: They are precise, legal statements used to determine if a third party's
product or process infringes on the patent.
Heart of the patent: The claims are the most important part of a patent application because
they define the subject matter for which protection is sought.
Numbered list: Claims are typically presented as a numbered list at the end of a patent
document.
Technical and precise: Claims are written in formal, precise, technical, and legal language to
clearly and unambiguously define the invention's uniqueness and the scope of protection.
Supportive details: The other parts of the patent, such as the specification and drawings,
serve to support and explain the claims, but do not grant protection on their own.
Among all other parts of a patent application, patent claims are the most critical and significant
ones. They are undoubtedly the heart of any patent application. As per law, a patent application
must contain at least one claim clearly defining the invention for which a patent is claimed.
A patent claim is the section of the patent application that defines what intellectual property is
protected by a patent. When an inventor obtains a patent, he secures the right to exclude others
from using, making and selling his product or methods.
At the heart of a patent application lies its claims. A claim is a signifier of the scope of protection
that is sought under the patent.
Claims are the first and most important aspect to be examined during prosecution, infringement,
and litigation.
Every patent application must be accompanied by at least one claim, and usually, an application
contains several more.
A patent claim can be defined as a description or a statement of technical facts that outlines the
scope of an invention for which a patent is sought. In other words, a patent claim precisely
explains what is claimed by an invention and what is to be protected. Only the patent claims
define the exclusive right granted to the patent applicant.
The language used by patent claims is usually very clear and precise, and consists of words that
have been interpreted and defined over decades by courts and patent offices.
Indian Patents Act, 1970 (“the Act”) Section 10(4)(c) of the Act merely requires that:
“Every complete specification shall end with a claim or claims defining the scope of the
invention for which protection is claimed”.
Section 10(5) adds that,
“The claim or claims of a complete specification shall relate to a single invention, shall be
clear and succinct and shall be fairly based on the matter disclosed in the specification”.
The claim should bring out sufficient details of interrelationship, operation or utility to establish
that the invention achieves the intended objectives".
A patent claim defines the boundaries of an invention,
A patent claim is the most important thing in a patent application, for it defines the subject
matter that is sought to be protected.
An example of a patent claim for a pen:
1.A writing instrument comprises:
a) a cylindrical body;
b) a retractable ballpoint tip located at one end of the cylindrical body;
c) an ink reservoir contained within the cylindrical body; and d) a clip attached to the
cylindrical body for securing the writing instrument to a user’s pocket or notebook.
Criteria to consider while drafting patent claims:
Clarity: A claim must be clear and concise. The language used to define an invention must be
precise. Any ambiguity in the claim can lead to challenges during patent examination or
litigation.
Originality: A patent claim must clearly define the invention or what is new in the invention
for which a patent is being sought. A claim must specify all the original or novel features of
an invention. This helps to avoid any possible challenges during patent examination.
Support: A claim must be supported by a clear description, illustrative drawings or any
examples in the specification. This helps in understanding the invention’s features,
functionality and implementation.
Follow legal requirements: The claim must meet all the legal requirements specified in the
patent laws with regard to a patent claim of a particular country in which the patent
application is being filed.
Anticipation: While drafting a claim, it is always advised to anticipate any potential
challenges during examination or infringement scenarios to ensure that all the elements are
clear, follow legal requirements and such potential scenarios can be prevented.
How to Write Patent Claims?
Claims define the scope of protection. While drafting the claims, it’s important that the inventor
ensures that the claims seek neither more protection nor less than what the inventor intends
While drafting the claims, the applicant or the patent agent must keep the following general principle
in mind:
1. The claims should be single sentenced and clearly structured.
2. The claims should not involve any unnecessary repetition and should be concise.
3. The technical facts listed in the claims should be presented in legal terms so that the scope of
the invention can be obtained.
4. What is not mentioned in the claims does not receive monopoly rights.
5. Claims are to be followed right after the description of the invention with the title "Statement
of Claims".
6. Claims listed cannot surpass what the inventor has not even invented. Such broad claims may
encroach upon the subject matter of another inventor.
Importance of Patent Claims
The scope of protection granted to an invention is based on the claims mentioned in the
application. This makes patent claims supremely important as they will decide what
constitutes infringement. In this sense, they help protect your invention from being used by a
third party without your permission. In the event of any patent litigation, it is the claims
section that is thoroughly scrutinized to come to a decision during infringement cases. Thus,
claims are of paramount importance in defining the inventor’s right to exclusivity.
BASIC STRUCTURE OF CLAIMS
A patent claim comprises three essential parts: the preamble, the transitional phrases, and the
body.
Preamble of the claims.
A preamble is the very first component of a patent claim. Essentially, a preamble recognizes
the category that the invention belongs to. Such categories may include a process,
composition, method, device, apparatus or an article.
The preamble should be consistent with the invention title. For example, “a method for,” “an
apparatus,” etc.
For example, “A method for making a genetically modified plant.”
The Preamble is an introductory statement that states the category of an invention to be
claimed.
For example, an apparatus, device, article, method, process, etc. The person seeking a patent
should ensure to keep the preamble consistent with the title of his invention, i.e. if the
applicant seeks patent for a device, the preamble should start with “a device for”
In preamble
• The categorization of an invention is defined. Such as a device, an apparatus, a method,
process, an article.
• It must be in accordance with the invention title.
• It may provide the object of an invention.
• It defines the field of the invention and / or its intended use.
• The preamble and the body of the claim should be consistent one with the other
• It is good idea to keep the preamble consistent with the title of the invention
Look at the following examples:
Example1) A patent applicant has invented cooker, and if the invention is to cook rice, the
preamble and title reads
“An apparatus for cooking rice”
Example 2) A patent applicant want to claim a unique method of making, the preamble reads:
“A method for making tea”
Transitional phrase of the claims.
Transitional phrases (or words) are connecting phrases (or words) that establish a relation
between the preamble of the claim with the rest of the body.
Transitional phrases can be defined as phrases that interlink the preamble of a claim to the
components described in the claim
The type of transitional phrase used in the claim is used to determine whether the claim is
restricted to only the elements listed or whether the claim may cover items or processes with
additional features.
The type of phrase used in a claim determines whether the claim is restricted only to the
elements listed or whether the claim may cover items or processes with additional features.
Transitional phrases can be open-ended or close-ended.
Open-ended or close-ended phrase
Some of the most common transitional phrases are the words 'comprising' and 'consisting of'.
Open-ended transitional phrase
An open-ended transitional phrase means that the claim encompasses all the elements listed but
may also include additional, unnamed details.
Comprising: This is the most common open-ended phrase. It means that the invention includes,
but is not limited to, the elements identified in the claim.
Typically, 'comprising' is considered a broad and an open ended phrase.
They do not exclude any additional elements
In other words, open ended phrases are inclusive, not exclusive.
For example, open ended phrases include the terms
• Comprising
• Including
• Containing
• Characterised by
These terms have been construed or interpreted to mean Including the following elements, but
not excluding others
The words “comprising” and “including” are the most commonly used transitional phases.
Example: The invention relates to a pencil with an eraser and a light attached to it.
A claim reads
1. An apparatus, comprising
a) A pencil
b) An eraser attached to one end of the pencil or
c)A light attached to the centre of the pencil.
Close-ended transitional phrase
In contrast, a close-ended transitional phrase implies that the claim just has the recited features
(or steps in case of method), and no more additional elements.
Consisting means that the invention is limited to the elements identified in the claim.
The close-ended transitional phrase limits the scope of the claim.
'consisting of' is considered a closed phrase since it limits the scope of the claim to the
components that are expressly recited.
Consisting of: This is the close-ended phrase and
The previous open ended example can be written in closed form as follows
[Link] apparatus, consisting of
a) A pencil;
b) An eraser attached to the pencil; and
c)A light attached to the pencil;
By using the phrases ‘consisting of this claim has become a closed claim that only included
the three recited elements of pencil, an eraser, a light and nothing more.
Body of the claim:
The part that succeeds transitional phrases is the body of a claim. It also enlists different parts
of the invention, limitations or steps of the named invention. The body of the claim cannot
merely enlist the different parts of the invention. Instead, the body must attempt to establish
the relationship between the various parts of the invention and attempts to interlink and
describe the relationship between different components of the invention.
For example, the body of an apparatus claim of a chair thus:
1 Apparatus for keeping items, comprising:
a) a seat;
b) four legs;
c) legs connected to the top in order to support the seat, and
d) a back held together by magnets.
The body of the claim offers a detailed explanation of the novel aspects of the invention.
In addition, it describes the relationship between all the claim elements.
Independent and dependent claims
Independent claims
An independent claim in a patent is a standalone statement that completely defines an
invention, including all its essential elements, without referencing any other claims. It sets the
broadest scope of protection for the invention. Independent claims can be for a "thing" (like a
device or composition), a "method of making" a thing, or a "method of using" a thing.
Key characteristics of independent claims
• Stand-alone: They are complete and self-sufficient, containing all necessary
limitations to define the invention.
• Broad scope: They are intentionally drafted to be as broad as possible to cover the core
features of the invention and prevent infringers from easily designing around them.
• Foundation: They set the foundation for the patent's protection and often serve as the
main "fall-back" position if dependent claims are found invalid.
• Structural elements: Each claim typically includes a preamble (introducing the
invention) and a body that lists all the essential components.
• Types: They can be drafted for a physical product, a process of making something, or a
process of using something.
An independent claim can be defined as a claim consisting of the limitations necessary to
define an invention. In other words, independent claims (also known as principal claims)
cover the essential or novel features of an invention or inventive concept.
The intention of independent claims is to broadly cover all embodiments of the invention
without reading on prior art.
Independent claims are ‘stand-alone’ claims that do not bear reference to any other claim.
It contains a preamble and all the elements necessary to define the invention.
The first claim is usually an independent claim that sets the tone for the protection claimed by
the invention.
Independent claims are generally broader as compared to dependent claims to prevent
potential infringers from circumventing the independent claim in any way.
Independent claims are broader in scope and determine the extent of a patent holder’s rights.
For example,
“An apparatus for cooking rice, comprising:
at least one container for holding rice and water; and
a heat source configured to transfer heat into the container.”
Generally, claims following one or more independent claims are considered as dependent
claims. It can either further define a previous claim or specify additional features which were
not included in the previous independent claim. Each dependent claim is narrower than the
independent claim upon which it is dependent.
For example,
(1) an apparatus for cooking rice, comprising:
at least one container for holding rice and
water; and
a heat source configured to transfer heat into the container (Independent Claim).
(2) The apparatus of claim 1, further comprising; a thermostat positioned to regulate the
temperature inside the container (dependent claim).
Dependent claims
A dependent claim can be defined as a claim that further elaborates upon the features or
limitations of an invention.
A dependent claim's scope is relatively more specific and may consist of secondary features
pertaining to the invention.
Dependent claims define all technicalities of the invention in an independent claim.
These claims have a relatively narrow scope than independent claims.
Dependent claims, as the name suggests, will depend on a single or several other claims.
Dependent Claims always refer to an earlier claim or independent claim and limit their scope.
Further, dependent claims refine the scope of protection sought for an invention.
Dependent claims are often used to define the scope of the elements in an independent claim
Most patent application have few independent claims and many dependent claims.
Example of Claim
A dependent claim is a patent claim that incorporates all the limitations of a previous claim
(independent claim) while adding further specific limitations to narrow its scope.
It relies on an independent claim (or another dependent claim) for its support
Dependence: A dependent claim cannot stand alone and must always refer to a previous
claim, either independent or another dependent one.
Narrower scope: By adding more limitations, each dependent claim becomes a narrower,
more specific subset of the broader claim it is based on.
Incorporates previous limitations: A dependent claim automatically includes all the
elements of the claim from which it depends.
Adds new limitations: It must add a new feature or limitation to the previous claim.
Patent Claim Example 1
Title: A SYSTEM FOR A HELMET WITH AN INFLATABLE AIR BAG
Note: BMSIT, ME Dept. Patent Application 2022,
Application No.: 202141046205
We claim:
1. A system for a helmet with at least an inflatable cushioning element(107),
comprising:
a sensor module (101), mounted in the helmet, configured for measuring a
pluralities of parameters of the helmet worn be a wearer;
a microcontroller (104) connected to the sensor module (101) and configured
for determining a probable condition of the wearer based on the parameters
measured by the sensor module (101);
the inflatable cushioning element (107) connected to the microcontroller (104)
and configured for supporting a neck of the wearer on inflation;
wherein the sensor module (101) including a tilt sensor (102) for measuring an
angle of tilt of the helmet and a vibration sensor (103) for measuring
vibrations of the helmet; and
wherein the microcontroller (104) controlling inflation of the inflatable
cushioning element (107) based on the probable condition determined from
the measured angle of tilt and vibration, thereby supporting the neck of the
wearer.
2. The system as claimed in claim 1, wherein the microcontroller (104)
connected to a relay switch (105) for controlling opening and closing of a
valve (106); and
wherein the valve (106) controlling inflation of the inflatable cushioning
element (107) by controlling a flow of compressed air from a source of
compressed air (106a).
3. The system as claimed in claim 1, wherein the sensor module (101)
transmitting the measured parameters to the microcontroller (106) when the
measured parameters greater than the threshold parameters; and wherein the
parameters including angle of tilt and vibration.
4. The system as claimed in claim 3, wherein the probable conditions determined
by the microcontroller (104) including crash condition and safe condition;
wherein the microcontroller determining the crash condition on receiving the
measured parameters from the tilt sensor and the vibration sensor of the sensor
module (101); and
wherein the microcontroller determining the safe condition on not receiving
the measured parameters from both the tilt sensor and the vibration sensor of
the sensor module (101).
5. The system as claimed in claim 1, wherein the threshold angle of tilt of the
helmet including 35°.
6. The system as claimed in claim 1, wherein a GPS and GSM module (108)
connected to the microcontroller (104);
wherein the GPS and GSM module (108) capable of detecting location of the
wearer wearing the helmet and transmitting a message including the detected
location to a contact registered in the module (108).
7. The system as claimed in claims 3 and 6, wherein the microcontroller (104)
controlling the GPS and GSM module (108) for transmitting the message to
the registered contacts on determining the crash condition.
8. The system as claimed in claim 1, wherein the inflatable cushioning device
includes an air bag.
9. The system as claimed in claim 1, wherein a shape and size of the inflatable
cushioning device (107) when inflated is configured for surrounding the neck
and cervical spine of the wearer, thereby preventing injuries to the spinal cord.
10. The system as claimed in claim 1, wherein the system capable of being retrofit
5 on a conventional helmet, thereby converting the conventional helmet to a
helmet with the inflatable cushioning element (107).
Dated this 10th October 2022, Praveen Kumar T N, Patent Agent for the Applicant
Patent Claim Example 2
I claim:
1. A headgear apparatus to be worn by a user comprising:
a headband member for fitting about a user's head, said headband member having a frontal
portion adapted to substantially extend across the forehead of a user;
a visor member removable secured to said frontal portion of said headband, said visor
member independently extendable from said headband; and
an eye shield member removably secured to said frontal portion of said headband, said eye
shield member being of a configuration adapted to extend across a portion of a user's face in
frontal blocking relationship to a user's eyes.
2. A headgear apparatus as recited in claim 1, wherein said eye shield member is adjustable
with respect to said headband member.
3. A headgear apparatus as recited in claim 1, wherein said visor member and said eye shield
member are secured to said frontal portion of said headband member by a set of rivets.
4. A headgear apparatus as recited in claim 1, wherein said headband member is formed
from neoprene fabric.
5. A headgear apparatus as recited in claim 1, wherein a continuous bead of sealant material
is selectively placed on said headband member.
6. A headgear apparatus as recited in claim 1, wherein said visor member has a lightwave
transmissive portion and an opaque portion.
7. A headgear apparatus as recited in claim 1, wherein said visor member has a crescent-
shaped surface and a concave-shaped edge, and wherein said surface of said visor member is
increasingly transmissive of lightwaves within the visible spectrum as said surface extends
away from said concave-shaped edge.
8. A headgear apparatus as recited in claim 1, further comprising a visor cover for placement
over said visor member.
9. A headgear apparatus as recited in claim 1, further comprising a cord for connecting said
headband to a piece of wearing apparel of a user.
Punctuations in the claim
Generally, we separate the preamble from the transitional phrase with a comma. We always
use a colon to separate the transitional phrase and the body. Furthermore, we divide the
elements from each other with a semi-colon.
Antecedents in the patent claim
We must use the appropriate antecedents while drafting a patent claim. We use indefinite
articles such as ‘a’ or ‘an’ when introducing an element. Meanwhile, we use the definite
article ‘the’ while we refer to the element in subsequent places.
Product Claim
The claim which claims the actual product of the invention is called product claim.
Claims that are directed for the protection of product itself are considered product claims
under the Indian Patent law.
We draft product claims when we look forward to patenting our invention product. Chemical
compositions, mixtures, food, and alloys, are some inventions where we draft product claims.
A product claim is a claim to a thing per se, such as an article, machine, substance or
composition. Such claims require the product to have certain technical features, which may be
structural or functional in nature.
Structural features are physical characteristics of a product, whereas functional features are
actions the product is able to perform.
These claims are used when a product is an invention that needs to be patented. Chemical
compositions, combinations, food, and alloys are some outstanding inventions in which
product claims are drafted.
For instance, new pharmaceutical products are protected through the submission of these
claims. The inventor will need to submit the chemical composition of the product which he
seeks to protect.
Example: A mold involved in shaping molten steel or any metals.
• Some examples of product include
• mechanical devices (a medical device, a bag or a box, a brake caliper, a hanger, etc.),
• electrical devices (i.e., improvement to a toaster, a microwave, a sensor, solar panels,
etc.), electronics (i.e., power supply, circuitry improvements, radio antenna designs,
etc.),
Claim for an Automobile:
A self-propelled vehicle, comprising:
(a) a body carriage having rotatable wheels mounted thereunder for enabling said body
carriage to roll along a surface
(b) an engine mounted in said carriage for producing rotational energy, and
(c) means for controllably coupling rotational energy from said engine to at least one of said
wheels,
whereby said carriage can be self-propelled along said surface.
Process claim (or Method claim)
Method or process claims describe a novel method or process used to achieve a particular
goal.
We use these types of claims to patent a novel methodology or process that gives us the
desired or optimal result. Some common patent claims are methods of analysis, methods of
preparation, methods of treatment, etc.
In many instances, the above types can be intertwined within a single application. For
example, a patent may be directed to a device and a method of making the device. In another
example, a patent may be directed to a device and a method of using the device.
In another example, a patent may be directed to a chemical composition and a system that
can be utilized to create the chemical composition. Often processing equipment patents cover
the process and a system that is made to carry out the process.
Other examples
• methods or processes (i.e., extracting improvements with the extraction of gold from
ore, removal of sulfur from hydrocarbon fuel),
• a system (i.e., several machines together for welding automotive assemblies, etc.),
• software features (swipe to unlock, pull down to refresh, etc.).
Method or process claims will include active steps to achieve a certain result. In method
claims the transition is typically either “comprising” or “comprising the steps of.” While
legally there may be some distinction between these two different transitions, both are
acceptable.
It is also important to understand that each of the steps in a method or process claims use
gerunds, which are a form of a verb that ends in “ing” and operates to direct the action that is
to take place. Said another way, you must use “ing” words in method claims. You cannot
define a method or process in the past tense.
When drafting a claim you want to start with something like this:
1. A {insert title} comprising: {list the steps one by one}.
For example:
1. A method for making a cake comprising:
a) placing flour into a bowl;
b) pouring milk into the bowl;
c)cracking an egg into the bowl;
d)mixing the contents of the bowl;
e) pouring the contents into a pan;
f) placing the pan in an oven;
g) cooking for one hour;
h) removing from the oven;
i)removing the cake from the pan;
j) allowing the cake to cool;
h) placing icing on the cake.
Claim for the Process of Sewing:
A method for joining two pieces of cloth together at their edges, comprising the steps of:
(a) providing said two pieces of cloth and positioning them together so that an edge portion of
one piece overlaps an adjacent edge portion of the other piece, and
(b) passing a thread repeatedly through and along the length of the overlapping portions in
sequentially opposite directions and through sequentially spaced holes in said overlapping
adjacent portions, whereby said two pieces of cloth will be attached along said edge portions.
These are the types of claims used to patent a novel method or process that gives the desired
or optimal output or result. Examples of some common process patent claims are determining
methods, planning, method of displaying, etc.
Process claims are filed for a new and innovative process, which has a specific end result. It is
to be understood that the end result will not receive protection, only the process would.
5.2 IP MANAGEMENT ACTIVITIES:
5.2.1 International Patent Classification (IPC)
• The International Patent Classification (IPC), established by the Strasbourg
Agreement (1971), provides for a hierarchical system of language independent
symbols for the classification of patents and utility models according to the different
areas of technology to which they pertain.
• The IPC divides technology into eight sections with approximately 80,000
subdivisions. Each subdivision is denoted by a symbol consisting of Arabic numerals
and letters of the Latin alphabet.
• Its main purpose is to organize patents so they can be effectively searched and
retrieved, facilitating the process of determining if an invention is new or if prior art
exists.
• This system is a key tool for patent offices to organize and manage their documents
and for inventors or examiners to research the state of the art in a particular
technology.
Importance IPC
Search and retrieval: The system provides an orderly and standardized way to arrange
patent documents, making it much faster and more efficient to search for relevant prior art.
Effective Search Tool: Its primary purpose is to facilitate efficient searching of patent
databases to determine the "prior art" (existing technology), which is crucial for evaluating
the novelty and inventiveness of new patent applications.
Global standard: It serves as a unified international system, ensuring a consistent and
coherent approach to patent classification worldwide.
[A coherent approach is a plan or strategy that is logical, well-organized, and easy to
understand, where all parts are connected and work together smoothly. It means that ideas,
steps, and arguments are consistent and flow naturally from one another, making the
overall purpose clear and sensible. ]
The IPC provides a common, internationally recognized framework for all national and
regional patent offices to classify patent documents, creating a "lingua franca" for patent
information worldwide.
[A lingua franca is a language used for communication between people who have
different native languages]
State of the art research: The IPC allows for the easy investigation of the current state of
technology in any given field, which is essential for both examiners and inventors.
The Sections of the IPC
Section Description
A: HUMAN NECESSITIES
B: PERFORMING OPERATIONS; TRANSPORTING
C: CHEMISTRY; METALLURGY
D: TEXTILES; PAPER
E: FIXED CONSTRUCTIONS
F: MECHANICAL ENGINEERING; LIGHTING; HEATING; WEAPONS;
BLASTING
G: PHYSICS
H: ELECTRICITY
5.2.2 SEARCH REPORT AND EXAMINATION REPORT
International Search Report
An International Search Report (ISR) is a document prepared by an International Searching
Authority (ISA) that lists published patents and technical articles that might be relevant to the
patentability of an invention.
It provides a basis for determining if an invention is new, involves an inventive step (is non-
obvious), and is industrially applicable.
The ISR is a key part of the Patent Cooperation Treaty (PCT) process and is sent to the
applicant along with a written opinion on the invention's patentability
• The result of the international search are recorded in the International Search Report.
• The Search Report is published by the International Bureau.
• The Search Report serves as a basis for any examination of the International
application by the designated Offices.
The search report is only for the purpose of identifying prior art and should not contain any
expressions of opinion, reasoning, argument or explanation as to any cited prior art. Such
comments should be included in the written opinion of the International Searching Authority.
Its primary purpose is to discover and list relevant prior art (existing published patent
documents and technical literature) that might affect the patentability of the claimed
invention.
An International Search Report (ISR) is a report established by an International Searching
Authority (ISA), such as the United States Patent and Trademark Office (USPTO) or the
European Patent Office (EPO), during the international phase of a Patent Cooperation Treaty
(PCT) application process.
This report helps applicants assess their chances of obtaining patents in different countries and
guides their global patent strategy. If the ISR is unfavorable, applicants can amend their
claims to differentiate their invention from the cited prior art.
Content of the ISR
Lists prior art: It contains a list of published patent documents and technical literature that
may affect the patentability of the invention.
Indicates relevance: It includes indications of how relevant the cited prior art is to the
invention's novelty and inventive step.
Provides technical details: It notes the technical areas that were searched and
the International Patent Classification (IPC) symbols.
Technical areas and classification: It also contains indications of the technical areas
searched and relevant International Patent Classification (IPC) symbols.
Indications of issues: The report will also note any findings regarding the lack of unity of
invention (if the application covers multiple inventions) or if a meaningful search could not be
carried out for certain claims.
Lack of unity of invention, meaning the application may cover more than one invention,
5.2.3 IP INTELLIGENCE
IP intelligence (Intellectual Property intelligence) is the systematic process of gathering,
analysing, and using intellectual property data—primarily from patents, but also trademarks,
copyrights, and trade secrets—to support strategic decision-making.
It transforms raw legal data into actionable insights for R&D, business, and legal teams. It
involves turning raw IP data into actionable insights that help an organization anticipate
market shifts, monitor competitors, identify new opportunities, and mitigate legal risks.
It involves monitoring competitor IP, identifying technology trends, and assessing risks to
gain a competitive advantage, develop R&D strategies, and protect new ideas.
This involves tracking competitor innovations, identifying emerging technology trends,
assessing market opportunities, and understanding the competitive landscape to inform
R&D, avoid risks, and guide investment choices.
In product management, the term "IP intelligence" can have two distinct meanings: Internet
Protocol (IP) address intelligence and Intellectual Property (IP) business intelligence. The
application of each depends on the product's function and target audience.
Important Aspects of IP Intelligence in Innovation Management
IP intelligence provides a data-driven foundation for a company's innovation strategy, moving
beyond a purely legal function to a core business driver.
Strategic Decision Making: It helps companies make informed choices about where to invest
R&D resources, which new markets to enter, and whether to build new technology in-house
or license existing solutions.
Competitive Advantage: By monitoring competitors' patent filings and innovation trends, a
company can anticipate rival product launches and R&D focus areas, allowing them to adjust
their own strategy proactively and gain an edge.
Identifying Gaps and Opportunities: IP intelligence helps perform "white space analysis,"
which identifies areas in the market or technology landscape where few or no patents exist,
revealing untapped opportunities for new R&D and potential market differentiation.
Risk Mitigation: It is crucial for conducting Freedom to Operate (FTO) assessments,
ensuring that a new product or process does not infringe on existing, third-party IP rights,
thereby avoiding costly legal disputes and delays.
Portfolio Management: It helps organizations evaluate the strength and value of their own IP
portfolios, allowing them to focus on high-value assets and potentially license or abandon
low-impact patents, thus optimizing resource allocation.
Enhanced R&D Efficiency: R&D teams use IP intelligence to avoid redundant research,
build upon existing technical information disclosed in patents, and focus their efforts on truly
novel solutions, accelerating innovation timelines
Freedom to Operate (FTO) Assessments: Before launching a new product, IP intelligence
is used to ensure the product or process does not infringe on existing patents held by other
entities. This helps companies avoid costly legal issues, such as lawsuits or licensing fees.
Enhancing Product Value and Differentiation: Strategic use of IP (such as unique design
elements, user interfaces, or core functionalities) can help differentiate a product in the
marketplace and enhance its perceived value and brand identity.
5.2.3 ACQUISITION OF IP
(not included for 2nd test)
5.2.4 COMMERCIALIZATION OF IP
(not included for 2nd test)
5.2.5 MANAGING IP PORTFOLIO
(not included for 2nd test)
5.2. 6: IPR MANAGEMENT IMPERATIVES: ROLE OF A GROUP MANAGING
INSTITUTIONAL IPR
(not included for 2nd test)
5.2.7: IPR MANAGEMENT IMPERATIVES: ESSENTIAL FOR MANAGEMENT
OF IPR
(not included for 2nd test)