Invited Lecture on 8th December 2015 in Orientation Programme of UGC-HRDC of Jadavpur University, Kolkata, West Bengal>>> Invention is the key to economic development of any nation. No invention can be diffused to the desired level in the society until it is successfully innovated and induce further invention. Creation of any new idea, conceptualization of the idea to its production of new product or process to solve a specific problem-in every stage requires protection by Intellectual property rights (IPR). Protection of invention and innovation through various forms of IPR particularly patents not only act as a lever of economic growth but also minimise the social inequality in the society. Creating a climate of invention, subsequent innovation protected by IPR will help us to recreate our future.

1. Understanding Innovation & IPR to
Recreate Our Future
Dr. Sabuj Kumar Chaudhuri
Department of Library & Information
Science
University of Calcutta
Email-sabujkchaudhuri@gmail.com

2. Innovation distinguishes
between a leader and a follower- Steve
Jobs
Curiosity is the key to creativity
- Akio Morita
8 December 2015

3. What, Why & How of Innovation
What is Innovation?
Innovation can be viewed as the application of better
solutions that meet new requirements, unarticulated
needs, or existing market needs.
Why innovation ?
To provide new or modified products or processes to
meet users requirements
How to achieve innovation?
By combining know-why from science with technology to
provide a modified or new product or service to users.
If a combination can not PROVIDE useable product or
service , it will be a failed innovation.
8 December 2015

4. What is Invention ?
• Invention is the generation of new idea aimed at
solving specific problem.
Innovation concerns the commercialisation of new ideas ,
while invention is not necessarily directly associated
with commercialisation. Innovation can be seen as a
process of interaction and feedback during the various
stages of product development. Not all inventions are
commercialized, so it is clear that not all inventions
result into innovation. Many new ideas are born but
“most die a lonely death , never seeing the light of
commercial success.”
Indian Patent Act 1970 says -Invention’ means a new
product or process involving an inventive step and capable
of industrial application.
8 December 2015

5. Innovation Policy
• Innovation Policy is a policy for promoting
linkages between activities of science and
technology with Policies of Socio-economic
Agencies
• Science, Technology and Innovation
Policy (STIP) 2013
• Dichotomy between teaching and research
8 December 2015

6. Creating a Climate of Invention & Innovation
8 December 2015

7. Creation of New Idea (Invention)
Conceptualization of New Idea
(Decision to innovate)
Commercialization of New Idea
(Innovation) (many stages)
Diffusion in the Society
8 December 2015

8. 8 December 2015

9. 8 December 2015
Science of Innovation

10. Who is Leading Innovation ?
8 December 2015

11. Basics of IPR
• What is property?
• What is Intellectual property (IP)?
• What is Intellectual Property Rights(IPR)?
8 December 2015

12. Property
• The term is extraordinarily difficult to answer.
• Ordinary person defines property as ‘thing’ but attorney
defines it as ‘right’.
• It has two understandings :
• Legal Understandings:
• Property is the inclusion of rights of exclusive use and
alienability
• Economic Understandings:
• Property includes all rights of individuals to valuable
resources.
8 December 2015

13. • Begin with Reeve's (1986, p. 11) definition of
property. Owner A owns property P if and only if:
• 1) A has the right to use P;
• 2) A may exclude others from using P;
• 3) A may transfer rights
Property involves a bundle of rights, including the
rights of usufruct, exclusivity, and alienability.
The entire bundle can be held by one person or
divided among multiple parties. Property rights
confer power.
8 December 2015

14. Types of Property
• The tangible property
includes physical objects
such as land, household
goods, car etc.
• The intangible property
includes a list of products
of human intellect such as
patents, copyright,
trademarks and industrial
designs etc.
8 December 2015

15. Intellectual property (IP) deals
with the creations of the
human intellect and protects
the creations of the human
mind, the human intellect.
This is why this kind of
property is called “intellectual
property”.
• Intellectual property rights
(IPR) are the rights awarded
by society to individuals or
organizations principally
over Intellectual Property
i.e., creative works:
inventions, literary and
artistic works, and symbols,
names, images, and designs
used in commerce. They
give the creator the right to
prevent others from making
unauthorized use of their
property for a limited
period.
8 December 2015

16. IPR
Industrial Property
Patent
Industrial Design
Trademark
Geographical Indications (GI)
Lay-out Design of Integrated Circuits
Undisclosed information, including trade secrets and test data
Artistic & Literary Property
Copyright
Sui generis System (“Latin Word means “of its own kind”)
Database
Integrated Circuit
Plant Breeders’ Right (PBR)
CLASSIFICATION OF IPR
8 December 2015

17. Types of IPR and Agreements
8 December 2015

18. First Patent
• The first recorded
patent for an industrial
invention was granted
in 1421 in Florence to
the architect and
engineer Filippo
Brunelleschi. The
patent gave him a
three-year monopoly
on the manufacture of
a barge with hoisting
gear used to transport
marble.
8 December 2015

19. First Trademark
Suchard was the first
international
trademark (1893)
registered under the
Madrid Agreement
concerning the
international
registration of marks
by Russ-Suchard &
Cie, a chocolate
company and
Switzerland as country
of origin.
8 December 2015

20. Types of Trademark
TrademarkWord Mark
Collective
Mark
Certification
Mark
Service
Mark
Sound
Mark
Logo
3D Mark
8 December 2015

21. First Design
George Bruce (July 5,
1781 – July 6,
1866) was an American
printer, industrialist and
inventor. On 9
November 1842 he was
awarded the first design
patent (a new form
of patent authorized
by Act of Congress)
for fonts(printing
typefaces and borders).
8 December 2015

22. First Copyright
In England the printers,
known as stationers, formed
a collective organization,
known as the Stationers'
Company. In the 16th century
the Stationers' Company was
given the power to require all
lawfully printed books to be
entered into its register. The
monopoly came to an end in
1694, when the English
Parliament did not renew
their power Statute of Anne
(1710) which is widely
regarded as the first modern
copyright law
8 December 2015

23. Basics of a Patent
What is a patent?
A patent is an exclusive right
granted by the State for an
invention to the inventor.
In return for the exclusive
right provided by a patent,
the applicant is required to
disclose the invention to
the public by providing a
detailed, accurate and
complete written
description of the
invention in the patent
application.
• It gives its owner the
exclusive right
• Granted by the
national patent office
• Generally for 20 years
• Territorial right
• There is no
international patent
8 December 2015

24. Criteria to get a Patent
There are 3 criteria to get a patent
Invention has to be Novel
Invention has inventive steps
Invention must have industrial application
For patenting microorganisms , inventor shall
deposit biological materials to an authorized
depositary institution as notified by the
government.
8 December 2015

25. History of Indian Patent Act
• Before Independence
• The first legislation related to Indian Patent was Act VI of
1856. The Act was subsequently repealed by Act IX of 1857
since it had been enacted without the approval of the
British Crown. Further in 1859 the provisions of exclusive
privileges were introduced.
• In 1872, the Act of 1859 was consolidated to provide
protection relating to designs. It was renamed as "The
Patterns and Designs Protection Act" under Act XIII of
1872.
• The Indian Patents and Designs Act, 1911, (Act II of 1911)
replaced all the previous Acts. This Act was further
amended in 1920 and then amended in1930.
8 December 2015

26. Contd...
• After Independence
• After Independence, the Indian Patents & Designs Act,
1911 was amended in 1950. In 1957, the Government
of India appointed Justice N. Rajagopala Ayyangar
Committee to examine the question of revision of the
Patent Law and advise government accordingly. After
two failed amendments in 1965 and 1967, the patent
act was passed in 1970 and most of the provisions of
the 1970 Act were brought into force on 20th of April
1972 with publication of the Patent Rules, 1972.
• It was amended thrice since then 1999, 2002 & 2005
• Draft Patent (Amendment) Rules, 2015 has been
published
8 December 2015

27. Patent System in India
8 December 2015

28. Features of Indian Patents Act, 1970
• Indian Patents Act, 1970 has been amended
thrice (1999, 2002 & 2005)
• India as a signatory of WTO has complied its
obligations for TRIPs
• Definition of invention has been changed
• Both product and process patents are allowed
• Microorganisms are patentable
• Process / method of preparing Genetically
Modified Organisms (GMOs) is patentable
8 December 2015

29. To delve a little more...
• India has been a WTO member since 1 January 1995
and a member of GATT since 8 July 1948.
• Reverse engineering, also called back
engineering, is the processes of
extracting knowledge or design information from
anything man-made and re-producing it or reproducing
anything based on the extracted information. The
process often involves disassembling something
(a mechanical device, electronic component, computer
program, or biological, chemical, or organic matter)
and analyzing its components and workings in detail.
8 December 2015

30. Contd...
A + B-Product P (process M)
One can receive both P patent & M patent
If one produces P it will infringe the product patent
or P patent. If he follows the same process he
will also infringe the process patent or M patent.
Earlier India has only provisions for granting
process patents only. Now both product as well
as process patent are granted.
8 December 2015

31. Contd...
• Term of patent is 20 years
• The biological material such as recombinant
DNA, Plasmids and processes of
manufacturing thereof are patentable
provided they are produced by substantive
human intervention.
8 December 2015

32. Contd...
• Compulsory license to ensure availability of
drugs at reasonable prices
• Provision to deal with public health
emergency
• Revocation of patent in public interest and
also on security considerations
8 December 2015

33. Types of Patent
3 Types of patents are granted:
1. Ordinary patent
2. A patent of addition
3. A patent granted in respect of a convention
application (PCT Application)
The Patent Cooperation Treaty (PCT) is an
international patent law treaty, concluded in
1970. It provides a unified procedure for filing
patent applications to protect inventions in each
of its contracting states. A patent application
filed under the PCT is called an international
application, or PCT application.
8 December 2015

34. Who Can apply for a patent ?
• First and true inventor of the invention
• An assignee of the first and true inventor
• Legal representatives of any deceased person
who was entitled to make such an application
before his death
• The true and first inventor can have others as
joint applicants
8 December 2015

35. Inventor
• In all countries except USA, the first to file is
entitled to a patent; who first invented is not
the criteria
• In the USA, first to invent is entitled to a
patent; who first filed is not the criteria
• Proper maintenance of records in
chronological order in accepted format is
essential to establish inventorship
8 December 2015

36. Patentable subject
• Patentable subject matter is defined
negatively, i.e., by providing a list of what
cannot be patented.
• Frivolous inventions
• Inventions contrary to well established
natural laws
Commercial exploitation or primary use of
inventions, which is
Contrary to
public order or
Morality
8 December 2015

37. Contd...
Commercial exploitation or primary use of
inventions , which
Causes serious Prejudice to
 health or
 human, animal, plant life or
 to the environment
Excludes patents on
• GMOs – exploitation of which could be
contrary public order or morality or prejudicial
to human, animal or plant life or health or to
the environment
8 December 2015

38. Contd...
• Mere Discovery of a Scientific Principle or
• formulation of an Abstract Theory or
• discovery of any living thing or
• discovery of non–living substance occurring in
nature
Excludes patents on
•Naturally occurring Micro-organisms
• The mere discovery of a new form of a known
substance which does not result in the
enhancement of the known efficacy of that
substance
8 December 2015

39. Contd...
• Mere discovery of any new property or new
use for a known substance or of the mere use
of a known process, machine or apparatus,
unless such known process results in a new
product or employs at least one new
reactant.
• Substance obtained by mere admixture
resulting only in the aggregation of the
properties of the components thereof or a
process for producing such substance
8 December 2015

40. Contd...
• Mere arrangement or re-arrangement or
duplication of known devices, each functioning
independently of one another in a known way
• Method of Agriculture or Horticulture
• Any process for medicinal, surgical, curative,
prophylactic, diagnostic, therapeutic or other
treatment of human beings or a similar
treatment of animals to render them free of
disease or to increase their economic value or
that of their products (notice plant is omitted in
recent amendment to comply TRIPS)
8 December 2015

41. Contd...
Thus now a process for curative, prophylactic, diagnostic,
therapeutic or other treatment of plants (to render them free
from diseases and pests) shall now be patentable contrary to
similar processes for animals and human beings that are still
given up as non-patentable. But process / method of preparing
Genetically Modified Organisms (GMOs) are patentable subject
matter (Patent Office India, 2005, p.22). Thus, for example, the
exclusive rights associated with patents can now cover the
method of producing Bt cotton by introducing genes of a Bacillus
thuringiensis in cotton to produce toxins to kill the bollworm
(Shiva 2005).
Patent Office India (2005) Manual of Patent Practice and Procedure. Controller General of Patents, Designs and
Trademarks, Mumbai, p.22.
Shiva, Vandana (2005) The Indian Seed Act and Patent Act: Sowing the Seeds of Dictatorship [online]. Znet
publication Available at < http://www.zmag.org/content/showarticle.cfm?SectionID=56&ItemID=7249>
[accessed on February 2005].
•
8 December 2015

42. Contd...
• Plants & animals in whole or any
part thereof other than micro-
organisms, but including seeds,
varieties and species and essentially
biological process for production or
propagation of plants & animals
8 December 2015

43. Contd...
* mathematical method or
* business method or
* algorithms or
* computer programme
A literary, dramatic, musical or artistic work or any
other aesthetic creation including cinematographic
work and television productions
These subject-matters fall under the copyright
protection
8 December 2015

44. Contd...
•A mere scheme or rule or method of
performing mental act or method of playing
game
• Presentation of information
• Topography of integrated circuits
•Traditional Knowledge or an aggregation or
duplication of known properties of traditionally
known component or components
• Inventions related to atomic energy
8 December 2015

45. Few Important Terms
• Prior Art
• Priority Date
• Disclosure
• Provisional
specifications
• Complete
specifications
• Claims
• Patentee
• Assignee
• Revocation
• Sealing of patents
• License
• Inventive step
• Product patent
• Process patent
8 December 2015

46. Components of a Typical Patent
Document
Bibliographic Information
+
Text with Claims
+
Drawings
A patent application is made for one invention
only.
8 December 2015

47. Bibliographic Information
• Country of
publication
• National Patent
Classification
• International Patent
Classification
• Title
• Abstract
• Inventor
• Applicant
• Application no.
• Serial No.
• Date of Application
• Priority date
• Priority No.
• Priority Country
• Reference cited by
Examiner
8 December 2015

48. Text with Claims
• Object of the invention
• Prior Art
• Definition / Description of the invention
• Examples with supporting data
• Claims defining the monopoly
*(Claims are to designed with much caution as they
define the territory of protection desired by the
patentee. They comprise a main claim followed by
a set of other claims defining the optimal aspects
of the invention.)
8 December 2015

49. Drawings
• To support the invention (may include circuit
design, flow chart etc)
• Fixed paper size (33cmx20.5cm/30cm x 41cm
with a margin of ½ cm off)
• 2 or more sheets can be added
• 1 copy of the drawings should be in tracing
cloth/transparent/semi-
transparent/plastic/fibre glass film
• Drawing should contain the name of the
applicant
• Title of the invention and photograph is not
allowed in the diagrams.
8 December 2015

50. A Patent Document and its Parts
8 December 2015

51. How to Get a Patent
1 • Identification of Patent Potentiality-a) novel b) non-obvious
2 • Prior Art Search
3
• Filing of patent application with provisional specification
4 • Consider international filing
5 • Generate further examples to support the invention
6 • Filing of complete specification within 12 months (max 3 months ext.=15 mths)
7 • Technical Examination by the patent office
8 • Publication after 18months in The Gazette of India ,P-III,Sec-2
9 • FER (First Exam. Report) issued within 1 Yr. & Opposition by competitor, if any
10 • Grant /Rejecting of a patent based on the reply received -accepted/rejected
11 • Maintenance of a patent by payment of renewal fees
12 • Enforcement/revocation (possible litigation, if any)
8 December 2015

52. How to Get a Patent
8 December 2015

53. Patent Information
An Index of Leading-edge Technology
Emerging Research Areas
Emerging Business Opportunities
Rights information
Identify Potential Opportunities & Threats
Valuable Resources for Technology Information
Identify Possible Collaborators
8 December 2015

54. Main User Groups of Patent
Information
Industry, and in particular R&D intensive industry;
Research and development institutions;
Governmental authorities;
Small and medium-size enterprises;
Individual inventors;
Professionals in the field of industrial property, e.g.
administrators of technical libraries, patent agents,
researchers,
Producers of data banks;
College/University Professors, researchers and
students
8 December 2015

55. Patent information Sources
• Organizations
• Patent Databases
• Patent Searching (online)
India
USPTO
EPO
JPO
8 December 2015

56. Usefulness of Searching Patents
avoid duplication of R&D work;
identify specific new ideas and technical
solutions, products or processes;
identify the state-of-the-art in a specific
technological field in order to be aware of the
latest development;
Assess and evaluate specific technology and to
identify possible licensors;
8 December 2015

57. Contd...
identify alternative technology and its sources;
locate of sources of know-how in a specific field of technology or
in a given country;
improvement of an existing product or process;
development of new technical solutions, products or processes,
identify existing or prospective industrial property rights (validity,
ownership, ...),
particularly to avoid infringement actions;
assess novelty and patentability of own developments with a view
of applying for a domestic or foreign industrial property right;
monitor activities of competitors both within the country and
abroad; and
identify a market niche or to discover new trends in technology or
product development at an early stage.8 December 2015

58. Various Types of Patent Searches
Pre-Application Searches
State-of-the Art Search
Novelty Searches
Validity Searches
Name Searches
Technological Activity Searches
Infringement Searches
Patent Family Searches
Legal Status Searches
8 December 2015

59. Patent Opposition
Invention wrongfully obtained
Prior publication before the priority date
Prior claiming in India
Publicly known or publicly used
Obvious and lack of inventiveness
Insufficiency of disclosure
Failure to disclose foreign applications
Not patentable subject
8 December 2015

60. Transfer of Patent Rights
Assignments (Legal / Equitable)
Mortgages
Exclusive and non-exclusive
licenses
8 December 2015

61. 8 December 2015

62. First Patent on A Life Form
Louis Pasteur
US Patent No.-141072 dated July
22, 1873
8 December 2015

63. First Patent on a Genetically Modified
MicrorganismsFirst patent to Ananda Mohan Chakrabarty
for a genetically modified Pseudomonas
bacterium that would eat up oil spills.
US Patent No. 4259444
8 December 2015

64. The Colour Mauve
Sir William Henry Perkin discovered the first
aniline or synthetic dye-‘mauveine’ or
purple.when he was 18 by accident while
trying to find a cure for malaria.
At the time, all dyes for colouring cloth were
extracts of natural products, and many of them
were expensive and labour-intensive to produce.
Moreover many were not fast to washing and easily
faded in sunlight. Patented on 28th February 1857.
8 December 2015

65. Aspirin
March 6, 1899, the Imperial Patent Office in Berlin
registers Aspirin, the brand name for acetylsalicylic
acid, on behalf of the German pharmaceutical
company Friedrich Bayer & Co.
8 December 2015

66. Penicillin
Sir Alexander Fleming Patented May 25, 1948 METHOD FOR
PRODUCTION OF PENICILLIN Andrew J. Moyer.
8 December 2015

67. Aeroplane
US Patent No 821,393. Specification of
Letters Patent. Patented May 22, 1906
8 December 2015

68. Sewing Machine
Elias Howe patented the first
ever proper lockstitch sewing machine in the
world.
US Patent No 4,750 on September 10th,
1846 for a lock-stitch sewing machine
8 December 2015

69. Electric Lamp
U.S. patent 223,898 (granted on January 27,
1880) for an electric lamp using "a carbon
filament or strip coiled and connected to
platina contact wires.”
Thomas Alva Edison was a prolific
inventor, holding 1,093 US patents in his
name.
8 December 2015

70. Invention of Telephone & Controversy
Alexander Graham Bell Granted Patent
for Telephone. On March 7, 1876
8 December 2015

71. Sir J C Bose: Unsung Hero-the true inventor of Radio
Sir J C Bose’s letter to Rabindranath Tagore (In context of his 1901 lecture at the Royal
Society, 17th May 1901, reproduced):
A short time before my lecture, a multi-millionaire proprietor of a very
famous telegraph company telegraphed me with an urgent request to
meet me. I replied that I had no time. In response he said that he is
coming to meet me in person and within a short time he himself arrived
with patent forms in hand. He made an earnest request to me not to
divulge all valuable research results in today's lecture : "There is money
in it -- let me take out patent for you. You donot know what money you
are throwing away" etc. Of course, " I will only take half share in the
profit -- I will finance it" etc.
This multi-millionaire has come to me like a beggar for making some
more profits. Friend, you would have seen the greed and hankering after
money in this country, - money, money - what a terrible all pervasive
greed ! If I once get sucked into this terrible trap, there wont' be any
escape ! See, the research that I have been dedicated to doing, is above
commercial profits. I am getting older - I am not getting enough time to
do what I had set out to do -- I refused him.
Here, the proprietor is believed to be Major Stephen Flood Page, the Managing Director
of the Marconi's Wireless and Telegraph Company.
8 December 2015

72. Television
Patent filed by John Logie Baird, on October
7, 1927 (Patent granted November 19, 1929),
for his "Television and Like Systems".
8 December 2015

73. Einstein Refrigerator
Einstein at the Swiss Federal Patent
Office where he worked as Technical
Assistant for 7 Years (1902-1909).
Einstein Refrigerator - Albert Einstein and his
former student Leó Szilárd and patented in
the US on November 11, 1930 (U.S. Patent
1,781,541
8 December 2015

74. Refrigerators revolutionized not only the way we
eat, but the way food is manufactured and
distributed.
African American inventor John
Standard of Newark, New Jersey
Patented on June 14 1891 (U.S.
patent #455,891).
8 December 2015

75. First Indian Patent
On March 3, 1856, a civil engineer, George Alfred
DePenning of 7, Grant's Lane, Calcutta petitioned
the Government of India for grant of exclusive
privileges for his invention - "An Efficient
Punkah Pulling Machine".
8 December 2015

76. Notable Inventions
Latest Landmark Inventions in the World
• Remote-controlled Submarine
• Snorkel with Radio Receiver
• Segway HT
• Self Lifting Iron
• Snow Shovel (Wovel)
• Solar Plane
• SpaceShipOne
• Sports Fabric
• StrawJet
• Super Soaker
• Translucent Concrete
• Three-wheeled Scooter
• Ultra-rapid Air Vehicle
• Verisyse Artisan Corrective Lens
• Vocal Smoke Detector
• YikeBike
•
• Anti-HIV Vaccine
• Bagless Vacuum Cleaner
• BlackBerry
• BurrPlug
• Cardboard Bicycle
• Electronic Paper
• Enviro Loo
• Google
• "Hoodia" Appetite Suppressant
• Magic Eraser
• Magnetic Resonance Imaging - MRI
• Mirror TV
• Nano Hummingbird
• Pasta Plate
• Patenting the PCT
• Plant-based Vaccines
8 December 2015

77. Bio-fuels
8 December 2015

78. Bionic Limbs
8 December 2015

79. Sniffer Plant (Arabidopsis thaliana)
8 December 2015

80. Genetically Modified Landmine
Detector Plant
• Inventors:
• Meier, Carsten (Hjortholms Allé
42, Copenhagen NV, DK-2400,
DK)
Application Number:
• PCT/IB2003/002081
• Publication Date:
• 12/04/2003
• Filing Date:
• 05/30/2003
• Assignee:
• Aresa, Biodetection Aps
(Sølvgade 14A, Copenhagen K,
DK-1307, DK)
A reporter system capable of
giving rise to a directly
monitorable phenotypic trait in a
plant. Within three to six weeks
from being sowed over landmine
infested areas, a Thale Cress plant
(Arabidopsis thaliana, a small
flowering plant), will turn a
warning red when close to a
landmine. Inventor genetically
modified the response system of
Thale Cress.
8 December 2015

81. Let us Recreate our Future...
“To invent, you need a good
imagination and a pile of
junk.”
― Thomas A. Edison
8 December 2015

82. Thank You For Your
Patience
8 December 2015