1 / 28

An Insight into Indian Entrepreneurship

This article explores the Indian patent registration process, the types of inventions that are patentable, and strategies for filing and obtaining patents. It also discusses the role of Indian entrepreneurship in global innovation.

nrutledge
Download Presentation

An Insight into Indian Entrepreneurship

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. An Insight into Indian Entrepreneurship Through the Data of Patent Office Prof. (CA.) Pradip Kumar Ghosh

  2. The Patent Office • The Patent Act, 1970 controls patents registration in India. After becoming a member of the Trade Related Intellectual Property Rights (TRIPS) system and also signing Paris Convention and the Patent Cooperation Treaty on 7th December 1998 and thereafter the Budapest Treaty on 17th December 2001, India became fully integrated with the global Patent regime. • Substantial amendments were carried out to the act in 1999, 2002 and 2005, which effectively brought an end to the process patent regime, and ushered the product patent regime in India. The patent registry is maintained by the patent offices of India, and accepts and examines applications from both domestic and foreign applicants.

  3. What is an Invention? • Invention means a new product or process involving an inventive step and is capable of industrial application • Inventive step means a feature of an invention that involves (a) technical advance as compared to existing knowledge or (b) having economic significance or ( c) both and (d) that makes the invention not obvious to a person skilled in the art • Software per se is not patentable in India, China, EU.

  4. Inventions that are not patentable • Frivolous claim • Affecting public order • Only scientific principles • Jumbling of chemical or mechanical elements not improving any efficacy • Method agriculture / horticulture • Method of treatment of human beings • Seeds , spices • Literary, musical, dramatical work • Games , presentations, business methods • Software per Se.

  5. This is called Invention !

  6. Or this !

  7. And this is also an Invention ! What kind of Invention we should concentrate upon?

  8. Sources Relied upon.. Annual Report of India’s Patent Office, 2015-16 http://www.ipindia.nic.in/writereaddata/Portal/IPOAnnualReport/1_71_1_Annual_Report_2015-16_English__2_.pdf Reuter’s Article on http://www.reuters.com/article/us-amers-reuters-ranking-innovative-univ/reuters-top-100-the-worlds-most-innovative-universities-2017-idUSKCN1C209R Patent Data : China https://www.lexology.com/library/detail.aspx?g=1e7beeec-ad63-4b21-8a99-7e5e67212cf5 Additional reference http://english.sipo.gov.cn/

  9. The Patenting Process • File • Published after 18 months • Priority Publication on request after 1 month • Examination does not start automatically • Inventor has to make application for examination within 48 months from the date of application • The reference to the Examiner is made ordinarily within one month from the date of publication or one month from the date of request for examination, whichever is later, and is made in order in which the request is filed • When an application is referred by the Controller, the Examiner makes a report on the patentability as well as other matters ordinarily within one month but not exceeding three months from the date of such reference

  10. Narayan Murthy’s Speech • “There has not been a single invention from India in the last 60 years that became a household name globally, nor any idea that led to "earth shaking" invention to "delight global citizens“ • Except “Green Revolution”, “White Revolution” and progress in the area of Atomic Technology, which mainly serve India. • http://www.dnaindia.com/money/report-no-invention-earth-shaking-idea-from-india-in-60-years-narayan-murthy-2105080

  11. Filed Vs. Granted in Indian Patent Office

  12. Ring-fencing Vs. Statistical Satisfaction • Advanced Institutes file patent application for ring fencing their invention infrastructure • They also do it for income generation. • Some institutions in India could be doing it for statistical satisfaction and publicity. • This paper is only a start • I may have to file some RTI application to get more data. • But indications are there in the Patent Office Report.

  13. Strategies in work / that could work ! • File a patent application • Half-ready, unsure whether it is an invention, non-invention • Wait for 17 months • Pursue for publication only at the last moment • Never use the right of preferential publication, even by mistake, in which case the invention can be published within 1 month of submission. • Wait for 47 months (29 months from publication) for examination • Even after publication pursue for examination only at the last moment • If Patent is granted eventually after 5 years, take it, else show it as ‘closed’ , not as ‘abandoned’ or ‘patents not granted’ • Use it as a publicity claiming x number of patent applications have been filed every year for 4 to 5 years since the date of publication. • Number of patent application filed has no meaning because with some amount of knowledge of law, even patent can be filed for non-patentable and duplicate inventions.

  14. Strategies in work / that could work ! • In the matter of design patent the matter is still easier, like the example of dot pens shown earlier. • Universities are filing patents for ‘dry cocoanut strippers’, ‘green cocoanut cutter’ , ‘pencil sharpeners’, ‘nut breakers’ ,‘mosquito coils’ all in the name of helping rural India, and just increasing the numbers. • I don’t know why UGC and others entrusted with ensuring quality of education are looking for patent submission data, which is so useless as information, except probably as aggregate for the country. • They should look for patent granted data and data for patents translated into commercial production. • We have universities claiming to have submitted number patent applications, more than all the IITs together. • And none of the IITs separately or collectively appearing in world top 100 innovating universities. • Institutions should be legally barred from publishing patents applied for data just to spread misinformation. And they should be compelled to publish data for patent granted and patents translated into commercial production.

  15. Data 2015-16 As per enquiry of the patent office U/S 146

  16. Data 2015-16

  17. Data 2015-16

  18. Data 2015-16 * Total number of patents approved for IITs 40

  19. Top 8 Universities in Reuter’s list of Most Innovative Universities

  20. Comparison with Asian Tigers • South Korea - 8 • China -3 • Japan - 8 • India - None Universities appearing in this list.

  21. Comparison between the 1st and the 100th • Stanford University takes first place on Reuters' list of the World's Most Innovative Universities for the third consecutive year, holding fast to its ranking by consistently producing new patents and papers that influence researchers around the globe. • In July 2017, the university opened the Stanford Center for Definitive and Curative Medicine, a new research center focused on the development of stem cell and gene therapies to treat the millions of people worldwide with genetic diseases. Also recently opened is the Stanford Laboratory for Cell and Gene Medicine, a $35 million, 23,000-square-foot manufacturing facility for making cell-based therapies for use in human patients. In the 2016-17 fiscal year, Stanford reported a total research budget of $1.6 billion. Recent research highlights include the development of a drug delivery device that monitors drug levels in the body in real time and delivers dosages tailored specifically to the patient. Stanford researchers have also created a vinelike, flexible 'growing' robot that operates in seemingly impossibly cramped situations, and a new camera that allows robots to capture 4D images in a 140-degree field of vision. A 4D image allows viewers to refocus the image after the image is captured, allowing for clear manipulation of the image after the fact.

  22. Comparison between the 1st and the 100th • Zhejiang University(ZJU) researchers have used graphene to invent aerographene, elastic foam that is the least-dense solid ever recorded, weighing just 0.16 ounces per cubic foot. The sponge-like structure can absorb 900 times its own weight in oil, and might find use in environmental cleanups. It could, for example, be spread on an oil spill, retrieved, and squeezed out so the oil can be recycled.ZJU recently received CNY 1.03 billion (about $150 million) from a Chinese entrepreneur to establish the University of Electronic Science and Technology of China, and another benefactor gave the school CNY 100 million to build the Real Doctor Artificial Intelligence Research Center, which aims to create an analog to IBM's Watson supercomputer. Seeking Capital, an investment management firm founded by alumni, donated CNY 1.1 billion to the university to create the Industry and Financial Research Center.Based in the coastal city of Hangzhou, Zhejiang University was founded in 1897 

  23. Comparison

  24. Translating patent application into patent • The success rate of KAIST, a Korean University , is 82%. • The success rate of Tsinghua University, China, which is only in the 51st in the list is 65%. • We are surely lagging far behind.

  25. Data 2015-16

  26. Thanks for your attention..

More Related