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FREQUENTLY ASKED QUESTIONS

GENERAL QUESTIONS:

1. Why should you patent/copyright your work? What are the benefits of protecting the work?

It helps in protecting the intellectual property that has been developed.
It can lead to the successful commercialization of your research work.
It adds immense value to your research profile.
It provides a legal mode of ownership of the technology developed by you.

2. Why has TTG taken this initiative?

TTG is involved in the process of Technology commercialization. Patenting is a very important step in this direction.
To spread IP awareness and its benefits in the student community.

3. Who is going to use the data you provide?

This data will be used by the Sponsored Research & Industrial Consultancy, IIT Kharagpur only and shall be kept completely confidential.

4. What are the chances of your work getting patented/ copyrighted?

This is completely a function of the three parameters we have asked you to rate your work on, i.e. novelty, innovation and industrial utility.

5. What are the expenses you will have to bear to get the work Patented/Copyrighted?

All expenses will be borne by the SRIC, IIT Kharagpur.

6. How much information do you have to provide in the Project Details section?

Please provide salient features/highlights only. Refrain from providing too many technical details. Please talk more about the outcome of your work, how it is different from other work in the same field rather than how you reached your results.

7. I am a part of a team consisting Professor(s) and other research students working on a project. Can I take part in this survey and furnish details about the project?

You can still participate in the survey- the only thing is that the patent will be filed in the combined names of all the people involved including your Guide & co-workers.

8. What you need to do?

We will get in touch with you very soon and inform you of the prospects of your work with respect to getting a Patent/Copyright.
Professional assistance by renowned attorney will be provided to help draft and file.

PATENTS:

1. What is a Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

2. Does Indian Patent give protection worldwide?

Patent protection is territorial right and therefore it is effective only within the territory of India.

3. What can be patented?

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.

4. How Long does it take to get a patent?

The patent office conducts a thorough substantial examination to check whether the patent meets the patentability criteria of novelty, inventive step and industrial applicability, the entire procedure from application to grant will generally take over 12, and in many cases over 18, months. It should, however, be noted that the procedure may take longer, particularly wherever the law provides for opposition proceedings prior to the grant of the patent or where the law allows for so-called deferred examination (i.e., the patent will only be examined upon a corresponding request to be filed within a certain period of time which may be several years). On the other hand, the deferred examination system gives an applicant more time to decide whether his invention is worth patenting in view of the possibility of commercialization and the costs involved to obtain a patent.

5. If I file a patent in India, can someone in another country get my idea patented in his/her name?

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

6. What is technical licensing??

Technical Licensing occurs when a licensor grants exploitation rights over a patent to a licensee. A technical license is also a legal contract, and so it will set out the terms upon which the exploitation rights are granted, including performance obligations that a licensee must comply with. A technical license being a contract with those performance obligations, the failure to comply with those obligations may lead to the termination of the license, and the reversion of exploitation rights back to the licensor. A technical license is therefore revocable.

7. What is novelty?

Novelty is a patentability requirement. An invention is not patentable if the claimed subject matter was disclosed before the date of filing, or before the date of priority if a priority is claimed, of the patent application.

8. What is Non-obviousness?

The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive. Inventive step means a feature of an invention that involves technical advance as compared to existing knowledge or having economic significance or both and that makes the invention non-obvious to the person skilled in the art.

9. What is Utility?

Utility in relation to an invention means that the invention is capable of being made or used in an industry.

10. Who can apply for a patent?

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.

11. What are the criteria of patentability?

An invention to become patentable subject matter must meet the following criteria -

It should be novel.
It should have inventive step or it must be non-obvious.
It should be capable of Industrial application.
It should not fall within the provisions of section 3 and 4 of the Patents Act 1970 (Ref. for Section 3 and 4 of the Indian Patents Act 1970: Section. 3 ; Section. 4 ).

12. Who is a Co-inventor?

Co-inventors include any individual who has conceived or contributed to an essential element of the invention, either independently or jointly with others, during the evolution of the technology or reduction to practice

13. What is the term of patent?

Term of every patent in India is 20 years from the date of filing of patent application.

COPY RIGHTS:

1. What is copyright?

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. It is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work.

2. What is the need of copyright protection?

Copyright ensures certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. The protection provided by copyright creates an atmosphere conducive to creativity, which induces people to create more and motivates others to create.

3. Whose rights are protected by copyright?

Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings.

4. Who is an author?

In the case of a literary or dramatic work the author, i.e., the person who creates the work.
In the case of a musical work, the composer.
In the case of a cinematograph film, the producer.
In the case of a sound recording, the producer.
In the case of a photograph, the photographer.
In the case of a computer generated work, the person who causes the work to be created.

5. What is a work of joint authorship?

"Work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.

6. What are the classes of works for which copyrights protection is available in India?

Copyright subsists throughout India in the following classes of works: • Original literary, dramatic, musical and artistic works; • Cinematograph films; and • Sound recordings.

7. Are computer programmes protected under Copyright Act?

Yes, Computer programmes are protected under the Copyright Act and are treated as literary works.

8. What is the term of protection of copyright?

The general rule is that copyright lasts for 60 years.
In case of ‘literary work’ Copyright lasts for the life span of the author and for sixty years after the author’s death.
The same principle applies to joint authorship (two or more), with the copyright lasting for the life span of the longest surviving author and sixty years after the longest surviving authors death.<
In the case of anonymous and psydonoumous work the copyright will subsist for sixty years from the date of publication.
Copyright in photographs will subsists for sixty years from the next calendar year of publication.
Copyright for cinematographic films will be sixty years from the next calendar year of publication.
Copyright for sound recording will be sixty years from the next calendar year of publication.

DESIGNS:

1. What is meant by ‘Design’ under the Designs Act, 2000?

Ans. ‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or any thing which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.

2. What are the essential requirements for the registration of ‘design’ under the Designs Act, 2000?

Ans.

The design should be new or original.
The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article.
The design should be applied or applicable to any article by any industrial process.
The features of the design in the finished article should appeal to and are judged solely by the eye.
Any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be registrable design.
The design should not include any Trade Mark or property mark or artistic works as define under the Copyright Act, 1957.

3. What is piracy of a Design?

Ans: Piracy of a design means the application of a design or its imitation to any article belonging to class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing terms for sale with knowledge of the unauthorized application of the design to them also involves piracy of the design.

4. Why is it important for filing the application for registration of design at the earliest possible?

Ans.: First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.