Course Objectives
Developments in recent years have increased the knowledge acquisition process, which is considered to have commercial value as well. The knowledge pool so generated may be considered as Patents, which have grown tremendously in the academic community and society at large. The progress in modern science is resulting into various new and useful inventions. Therefore, society in general and potential stakeholders like scientists, innovators, entrepreneurs & start-ups in particular need to be prepared for a range of potential outcomes. This calls for continued engagement between government, industry, academia, technical and policy experts, and of course, the public at large.
- This course aims to familiarise students about the need for creation, protection, commercialization and valuation of intellectual property, specifically Patents.
- The course aims to cursorily familiarise students about the various forms of Intellectual Property Rights.
- Course deals with the patent prosecution along with relevant case studies.
- This course also aims to feature expositions of emerging patent trends in exponential technologies like Artificial intelligence, Advanced Robotics, Virtual and Augmented Reality, Biotechnology, Nano-Technology, CRIs (Computer Related Inventions) & telecommunications and their patenting issues which in turn leads to myriad legal & practical challenges for the law makers and for other stakeholders.
- This course aims to highlight various schemes of GOI for promoting innovation and patent filing for universities, start-ups & budding entrepreneurs and Organogram of various Govt bodies.
- The course also aims to train students via hand-on-training on crucial aspects of patenting.
Course Learning Outcomes
Unit-I: Introduction to IPR and Types of IPR
Students will be able to apply, discern & appreciate different intellectual properties and related legal principles of different IPs (including copyright, patents, designs and trademarks, plant varieties, geographical indications & semiconductor integrated circuits layout design, and trade secrets). They should be able to analyze the social-economic significance of the intellectual property.
Unit-II: Highlights of Indian Legislative & Policy framework on Patents and Patent Prosecution.
Students shall be taught the substantive (Novelty, Non-Obviousness & Utility) and procedural requirements (Who can file?; When to file a patent?; How to file a patent? &
Where to file a patent?) for obtaining patents in India & abroad. Students would be encouraged to analyze case studies, solve problems and manage time in context with patent filing both in India and abroad. They should be made familiar with both National and International laws of patent filing and their financial implications.
Unit-III: Expanding Boundaries of Patent Protection & Emerging Patent Trends in Exponential Technologies
(CRIs i.e. computer related inventions, Electronics, Automobiles, Energy generation andElectrical equipment, Food processing, Telecommunication, Diagnostics, Bio-technology etc.)
Students will learn about patenting issues in exponential technologies like Artificial intelligence, Advanced Robotics, Virtual and Augmented Reality, Biotechnology, Nano- Technology & Telecommunications which in turn lead to myriad legal & practical challenges for the lawmakers and for other stakeholders.
Unit-IV: Commercialisation and Management of Patents
Students will be able to analyze legal and practical issues which arise in the Commercialisation and Management of Patents.
Unit-V: Forums, Processes, Government Bodies & Initiatives and International Treaties
Students/innovators/entrepreneur/start-ups will be equipped to know the appropriate forums to be approached before patent filing e.g. IP cells in universities, PFCs (Patent Facilitation Centres) & TISCs (Technology & Innovation Support Centres). Students/innovators/entrepreneurs must be introduced to a plethora of facilitation schemes
run by GOI like PLI (Production linked incentive) & SIPP (Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP) etc. Students/innovators/entrepreneurs should also be introduced to PCT (Patent Cooperation Treaty) & TRIPS. Students may also be given understanding of the Organogram of various Govt bodies that are administering IP in different ways. For Example Intellectual Property Office and its officials, DPIIT, MSME, Agni, Invest India etc.
Unit-VI: Patent Licensing & Tech-Transfer
Students will learn the niceties of patent licensing and technology transfer which is the cornerstone of patent monetization & commercialization. Public Private partnerships
Agreement (Model Agreements regarding Ownership & Royalty).
Unit-VII Industrial Application of Patents
Students will be equipped with the application of Patents in industry which is one of the most important aspects for comprehensive and holistic utilization of theoretical learning of patents and for harnessing the real value of Patents.
Unit VIII: Intellectual Property Policy Reforms & IP Enforcement
Students will be taught about IP policies of India and various key jurisdictions, IP enforcement provisions of the Patents Act and their dynamic play with IT Act, CrPc, CPC, Limitation act etc, burden of proof, penalties and remedies, TRIPS flexibilities etc.
Unit IX: Hands-on-Training on Patent Search & Patent Drafting (Offline)
Students will be given hand-on training on Patent search, patent drafting, preparation of patent documents & process for examination of patents.
Unit-X: Hands-on-Training on Licensing & Technology Transfer (Offline)
Students will be given hand-on training on drafting patent licensing and technology transfer agreements and related agreements like NDA’s (Non-Disclosure Agreements).
Detailed Course Content
Unit-I: Introduction to IPR and Types of IPR
Importance of IPR, Advantages of IP protection, Relationship with trade. Product/ Process patents & Product by Process Patents and other related terminologies. Copyrights,
Trademarks, Trade Secrets, Industrial Design, Geographical indicators, plant variety protection & semiconductor integrated circuits layout design.
Patents- Definition of patents; Elements of Patentability-Novelty Non-obviousness & Utility; Patentable subject matter, Patentability of Biotechnological inventions, pharmaceuticals, biochemicals, and software. Concept and patenting of bio-equivalence and biosimilars. General Introduction: Product/Process Patents; Patents claims; Dependent & Independent claiming, Markush Claims; Dates associated with Patent; Concepts such as patent of addition, divisional patent application, Post-dating, First Examination Report, Office action etc, Patent Life/Term and territorial application, Patent Infringement, Ownership of Patents, Deposition of microorganisms, NBA permission when biological material is used. Disclosure of origin on biological material. (Section-6 The Biological Diversity Act, 2002)
i. Patent Search, Patent Databases & Library (INPASS, USPTO, WIPO, EPO, JPO), Practical Search Training.(hands on)
ii. Patent Terminology: (Abstract, Summary, Background, Drawings, Description, Claims).
Trademarks- Mark, Use of Trademark and its purpose, Conditions & Procedure for Registration, Offences, Penalties.
Geographical Indications- Nature of Geographical Indications, Conditions & Procedure for Registration, Offences, Penalties.
Copyrights- Nature of Copyright, Author & Ownership of Copyright, Rights Conferred by Copyright, Copyright pertaining to Software/Internet, Database, Copyright Protection/Database Trademarks- Meaning of Trademarks, Different kinds of marks (brand names, logos, signatures, symbols), Use of a Mark, Infringement of Trademarks, Passing off Action.
Industrial Design- Need for Protection of Industrial Designs, Subject Matter of Protection and Requirements, The Designs Act 2000, Procedure for obtaining Design Protection, Revocation, Infringement and Remedies
Plant Variety Protection (PVP)- The Protection of Plant Varieties and Farmer's Rights Act 2001, Registration of Plant Varieties and Essentially derived variety, Duration, Effect of Registration and Benefit Sharing, Farmers right.
Trade Secrets- Protectable Subject Matter, Secrets versus Public Knowledge Economic Value, Reasonable Effort to Maintain Secrecy.
Unit-II: Highlights of Indian Legislative & Policy framework on Patents and Patent Prosecution.
General outline of 1970 Indian Patent Act and subsequent amendments; Policy Framework: National IP Policy, 2016 Patent Prosecution: briefly discuss the sections for filing of application; sections related to the infringement of patents. Relevant application Forms, timelines, fees, patent search, and patent drafting. Patent filing in India and abroad. Preparation of Patent Documents, Process for examination of patents, Patent Evaluation and Economics of Patenting.
Unit-III: Expanding Boundaries of Patent Protection & Emerging Patent Trends in Exponential Technologies
(CRIs i.e. computer-related inventions, Electronics, Automobiles, Energy generation and Electrical equipment, Food processing, Telecommunication, Diagnostics, Bio-technology etc.)
Biotechnology and Life Science Industries, Commercial importance of biogenetic resources. Concepts and patenting of Bio-equivalence products and biosimilars. CRIs i.e Computer related inventions, telecommunication, nanotechnology & Genus-Species Patents: Coverage Disclosure Conundrum in Genus-Species Patents.
Students shall learn about patenting issues in exponential technologies like Artificial intelligence, Advanced Robotics, Virtual and Augmented Reality, Biotechnology, Nano-
Technology & Telecommunications which in turn lead to myriad legal & practical challenges for the lawmakers and for other stakeholders.
Unit-IV: Commercialisation and Management of Patents
Key concerns in commercializing Intellectual Property Rights: Competition and Confidentiality issues, Employee Confidentiality; Assignment of Intellectual Property Rights; Material Transfer Agreements, Non-disclosure agreements, Transfer of technology/ knowhow Agreements; Intellectual Property Issues in the Sale of Business. Auditing & valuation of patents.
Unit-V Forums, Processes, Government Initiatives and International Treaties
(a) Forums, Processes, and Initiatives:
IP cells in universities, PFCs (Patent Facilitation Centres) & TISCs (Technology & Innovation Support Centres). Students/innovators/entrepreneurs must be introduced to a plethora of facilitation schemes run by GOI like PLI (Production linked incentive) & SIPP (Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP) etc.
(b) International Treaties:
GATT, Paris Convention, World Trade Organization, World Intellectual Property Organization, TRIPS Agreement, PCT, UPOV Convention, Convention on Biological
Diversity, Biopiracy, Traditional knowledge and benefit sharing, Budapest Treaty, Madrid Agreement/protocol, Hauge Agreement, Strasbourg Agreement, Locarno Agreement.
Unit-VI: Patent Licensing & Tech-Transfer.
Concepts and intricacies of patent licensing and technology transfer which is the cornerstone of patent monetization & commercialization. Public Private partnerships Agreement (Model Agreements regarding Ownership & Royalty).
Unit-VII Industrial Application of Patents.
Application of Patents in the industry which is one of the most important aspects for comprehensive and holistic utilization of theoretical learning of patents and for harnessing the real value of Patents.
Unit VIII: IP Policy Reforms & IP Enforcement
Policies many a times act as a directional tool for legislative reforms. Many a times visionary policies provide insights into changes/amendments required in the law to bring it at par with the technological upgradations. Students can be taught about IP policies of various nations including that of India. They may be given a project work to develop an IP policy for the country. Students will also be guided through how to effectively safeguard their IP from misappropriation & misuse. IP enforcement has direct linkage with several other Acts such as Limitation Act, CRPC, CPC, IT act etc.
Unit IX: Hands-on-Training on Patent Search & Patent Drafting (Offline)
Patent search and patent drafting. Preparation of Patent Documents & Process forexamination of patents.
Unit-X: Hands-on-Training on Licensing & Technology Transfer (Offline)
Drafting patent licensing and technology transfer agreements and related nuances.
Teaching Learning Plan
Teaching Learning Process
- Teaching and learning activities include online teaching.
- Use of Power Points presentations to visually explain concepts.
- The students shall be given offline hands-on training on ‘Patent Search’ and ‘Drafting of Claims’ & on licensing and technology transfers.
- Verbal explanation, seminars, case studies, workshops and Open discussions. Quizzing and questioning would be a regular exercise.
Assessment Method
Continuous Evaluation through:
- Written class tests and assignments on completion of each module by the instructor (to be submitted to the Course coordinator)
- Seminar presentations etc.
- For every 2 credits exam will be for 10Marks
- The marks are to be submitted to the Course coordinator within two weeks of finishing the teaching of the module.