1. 100 D AYS 100
PATENTS D RIVE

2. W HAT 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

3. W HY PATENT ?
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))
"The patent system adds the fuel of interest to the fire
of genius„
…Abraham Lincoln

4. W HAT 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.efeature 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

5. W HAT CANNOT BE PATENTED
IN I NDIA ?
 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

6. 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
No Opposition or opposition
in favor of applicant
Request for Examination
Substantive Examination
FER Meet objection against FER
Refused Accepted
Notified in Official Gadget
Appeal to Apple
ate Board Opposition
No Opposition or opposition in
Accepted Rejected
Granted favour of applicant

7. H OW TO G ET PATENT IN I NDIA
F ROM IIT-K HARAGPUR ?
 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

8. USP OF THE D RIVE
 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

9. S UCCESS S TORIES OF
K GPIANS
 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.