IP STRATEGY OVERVIEW
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AGENDA
IP Strategy
Types of IP Protection
Patents
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IP STRATEGY
Overview
Strategy - What is it?
Kinds of strategies
Depends on organization
Business, Financial, Growth, etc.
Is there an IP Strategy?
What is IP?
Types
Strategy for
Generation
Ideation, mining, refining, etc.
Protection
Type, scope, geographical reach, etc.
Commercialization
Licensing, partnerships, etc.
IP Cost
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IP STRATEGY
Types of IP Protection
Trademarks – Identify and distinguishes the source Trade Secrets – Protect inventions which can’t
of the goods of one party from those of others easily be reverse engineered
Can be a word, phrase, symbol, and/or A formula, process, design or information
design or combination thereof that has commercial value and is not
Rights are established by using it on generally known by the public
products sold or registering with the Protection lasts as long as you can keep it
trademarks office secret
Protection lasts as long as the trademark
continues to be lawfully used
Patents – Right to exclude others from making, Copyrights - Protects expression but not ideas
using or selling the invention Granted automatically upon creation, no
Government granted term of generally 20 need to file application
years from filing date of patent application Exclusive right to reproduce, distribute, etc.
Must pay associated fees in each country Protection generally lasts for life of the author
you are interested in having protection plus 70 years
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PATENTS
Why we need patent system?
Background
What is Patent
Contract between Government and Inventor
Limited monopoly in the exchange of information
Goal – benefit of society
Benefits
Protects business and technology roadmap
Excludes others from using inventor’s technology without his consent
Collaboration tool
Financial Asset
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PATENTS
What can be patented?
Subject to a few exceptions, a patent may be granted for an invention or improvement* of:
an apparatus or device or composition that comprises the invention
a method of using or implementing the invention
a process for producing or making the invention
a product produced by the process of the invention
* Most patents are “improvement” patents, or inventions that improve an existing invention
Software is patentable, and usually falls under a method or product
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PATENTS
It takes about 2-5 years to get a patent granted
PATENTS
Legal Requirements to get a patent
Novelty
new, not previously disclosed publicly
Not obvious
super new, the invention would not be obvious to one having ordinary skill in the art
Fully described
one having ordinary skill in the art should be able to reproduce the invention without difficulty
Utility
the invention must be useful
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PATENTS
Other Requirements to be considered
Depends on IP Strategy
Some factors could be:
Impact
Alternatives Available
Method of detection
Any other?
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THANK YOU
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INDIA PATENT OFFICE INCENTIVES
PM Modi announced 80% concession for
StartUps on India patent filing fees
For MSMEs, there is a concession of 50% on
India patent filing fees.
[Link]
ed_Version/schedules/Schedule_1.pdf
Government of India also supports SMEs
through PHD Chamber
A lot of their services are free of cost for
MSMEs. SMEs can register with PHD Chamber
and avail its services.
[Link]
n/information&information_id=20
* Please refer to website for latest updates in these incentives.
REFERENCES
For further reading
[Link]/courses/110106081/ - Patent Law for Engineers and Scientists
WIPO Patent Drafting Manual
[Link]/edocs/pubdocs/en/patents/867/wipo_pub_867.pdf
WIPO Patent Search Tool:
[Link]
WIPO Academy courses
[Link]/academy/en/
Indian Patent Office
[Link]
Startup India initiatives
[Link]
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