100 DAYS 100 PATENTS DRIVE

WHAT IS PATENT?

A patent is an exclusive right granted to a person who has invented a new and useful product or process (eg: High-power argon/nitrogen transfer laser invented by Bhaumik Mani L., Sir Abrahim Lincoln received a patent for flotation device)

The exclusive right is territorial ( i.e patent granted in India

is valid in India only) and for limited period ( i.e 20 years)

During the term of the patent, the patentee (i.e owner of

patent) can exclude others from making, using, offering for sale, or selling their invention throughout the territory (i.e India for Indian patent) or importing their invention into that territory

Patentee can sell, assign, and license to others to use or exploit his patent

WHY PATENT?

"The patent system adds the fuel of interest to the fire of genius„…Abraham Lincoln

o To Prevent Free rider

oTo stimulate technical progress by encouraging research and development

o Patent promotes creation of new product and process, industry encouraged to manufacture new and better products and an expansion of industry based upon inventions take place. Thus employment, national wealth and higher living standard are created (source: Ayyangar’s

report (1959))

WHAT CAN BE PATENTED?

An invention relating to a new product or process that is

Novel (i.e subject matter has not fallen in the public domain or that it does not form part of the state of art)

Involving an inventive step (i.e feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both that makes the invention not obvious to a person skilled in the art)

Capable of industrial application

WHAT CANNOT BE PATENTED IN INDIA?

A mere of a scientific principle or the formulation of abstract theory

‘the mere discovery of a scientific principle’, ‘topography of integrated circuits’, etc.

A method of agriculture

A mathematical or business method or a computer program per se or algorithm

For further information, visit: http://ipindia.nic.in/ipr/patent/patact1970-3-99.html#chap2

PROCEDURE Patent Application filed at appropriate Patent Office

Publication after 18th Month or Express Request for Publication if any within 18 months from date of filing)

Opposition

Request for Examination

No Opposition or opposition in favor of applicant

Substantive Examination

FER Meet objection against FER

Refused Accepted

Appeal to Apple ate Board

Accepted Rejected

Notified in Official Gadget

Opposition

No Opposition or opposition in favour of applicantGranted

HOW TO GET PATENT IN INDIA FROM IIT-KHARAGPUR?

Invent new product or process

Do prior art search to prove the novelty and non obviousness of invention

Complete the invention disclosure form and submit the same to IP cell (i.e Prof. in-charge IPR)

IP cell will review and asked for presentation

If approved IP cell will recommend for filing patent application

Patent application is filed through registered patent agent

USP OF THE DRIVE

LEGAL ASSISTANCE :

Search and invention disclosure form – by RGSOIPL

Final draft and filing – by a registered law firm

PROCEDURAL ASSISTANCE :

By the facilitation team comprising of professors, TTG members and volunteers from RGSOIPL

FINANCIAL ASSISTANCE (of the eligible applications) :

By SRIC, IIT Kharagpur

SUCCESS STORIES OF KGPIANS

Prof. S. K. Guha ( SMST, Alumnus of Elec. Engg. )

Indigenously developed non-hormonal polymer based inject able male contraceptive (RISUG) for which the Final Phase-III Clinical trials are underway; Has more then 100 research papers

Prof. S. De ( Dept. of Chemical Engineering)

Owns 6 patents; Recipient of DAE-SRC Outstanding Investigator Award (2012) and Shanti Swarup Bhatnagar Prize (2011)

Dr. Biswadip Mitra ( Distinguished Alumnus, E&ECE)

President and MD, Texas Instruments; Co-inventor of a crucial patent in medical imaging; Chair of several International Committees and Conferences

Dr. Mani L. Bhaumick (an alumnus of IIT Kharagpur)

who invented the vision correction laser technology and also won the Padma Shri in 2011.