Protecting technological innovations
CIPAM team
Last month we discussed Intellectual Property Rights (IPRs) and their growing relevance in today’s era of knowledge. While IPRs are now helping us evaluate the capabilities of a nation, they have proven to be of great significance to individuals and more specifically, students. IPRs are an opportunity for everyone to become financially independent and self-reliant. Creation of intellectual property can effectively transform you from being a job-seeker to a job-creator.
Science and technology can be transformative forces and progress in these fields has always brought considerable fame to inventors and laurels to the nation. Innovations are not only about finding new and more impactful solutions to the problems of the world that many a time have a direct impact on our lives, but they also boost the country’s economy with their monetary potential.
To protect these big and small innovations and encourage inventors to continue tinkering in a ‘safe’ environment, patents play a decisive role. So what are patents exactly? How do you approach this topic with young minds?
What are patents?
The story of a patent starts with an idea. As the idea transforms into reality and takes the form of an invention, the inventor or applicant to whom the inventor assigns his rights can request the government to give him/her the “exclusive right” over this invention. This exclusive right awarded by the government in exchange for full disclosure of the technical knowledge behind the invention is known as a patent. Thus, a patent is a type of IPR which protects novel scientific inventions. The invention maybe a product and/or a process.
Introducing the subject to students
Ask the students these simple questions – Who invented television? Who invented radio? These are general knowledge questions and most students will have the answers – John L. Baird and Guglielmo Marconi. Teachers can also ask the students to solve the following puzzle –
Now ask the students, “What is the proof that these people are the inventors of the said inventions?” Take the opportunity to introduce the term ‘patents’ to them.
Term and benefits of a patent
A patent is not granted forever; it is valid only for 20 years from the date of filing of the patent. After 20 years, the patented invention enters the public domain, i.e., it is open for anyone to use the technology. During these 20 years, as a patent holder, you get the right to license your invention to anyone interested to use it for an agreed fee.
With a patent, the patent holder can exclude others from making, using, offering for sale, selling or importing the invention. If someone tries to steal your invention or copies it without your permission, the patent gives you legal rights to take action against such an individual or organization.
What can be patented?
Not everything can be patented. For an invention to be patented, it should meet three basic patentability criteria. These are –
- Novelty – the invention should be something new and not exist beforehand.
- Inventive step – the invention should be non-obvious. For e.g., making a leather chair or a plastic chair is obvious to those in the trade of manufacturing chairs; however, creating a flying chair is something that would require an ‘inventive step’ to be taken.
- Industrial applicability – the invention must have some use in an industry or business.
Not everything can be patented. Scientific principles, contrary to well established natural laws, formulation of abstract theory, frivolous inventions, prejudicial to morality or injurious to public health, method of agriculture or horticulture, method of treatment, admixtures, traditional knowledge, incremental inventions without increase in efficacy and inventions related to atomic energy are some of the inventions not patentable under sections 3 and 4 of the Indian Patents Act, 1970.
Discovery versus invention
Sir Isaac Newton defined the laws of gravity after observing an apple falling from the tree. Could he have patented this? What about Christopher Columbus? Could he have patented America? The answer is of course, no. Both of them made important discoveries, but only inventions can be patented. Discoveries cannot be patented in India!
Why must one patent their invention?
A patent is not only a proof that you are the rightful owner of an invention, it is also a means of offering incentive and recognition to inventors and encouraging them to continue innovating. New innovations assure that the quality of human life is continuously enhanced.
How to register a patent?
Filing a patent application is complex compared to other Intellectual Properties. But here is what students need to know –
- All information on filing a patent can be obtained on the website of the Indian Patent Office – www.ipindia.nic.in.
- Since the patent application is complex and technical in nature, experts exist to write these applications on behalf of the applicant. These experts are known as ‘patent agents’. A list of patent agents can be found on the above mentioned website.
- The application needs to be submitted with a fee. This fee varies depending on the type of invention. Individuals, start-ups and small entities are given a fee rebate by the government while filing the patent application.
- Once the application is filed, it is examined by patent examiners in the Indian Patent Office. After passing through the examination stage, a patent is granted to the applicant!
In recent years, the government has set up the Technology and Innovation Support Centre (TISC) in India. Students and teachers can also approach the nearest TISC for assistance in filing their patent applications. More about TISCs can be found at http://cipam.gov.in/tisc/.
In today’s world, we need our young minds to feel confident and encouraged to utilize their capabilities and innovate. At the same time, we must empower them with the knowledge to protect their innovations. A knowledge of patents can help young innovators of the nation feel assured and safe to innovate without the threat of being cheated.
To speak to students about patents, teachers can also utilize India’s IP mascot, IP Nani who discusses the subject in a short video. This video can be found at http://cipam.gov.in/indias-first-ip-mascot/.
Towards the end of the conversation on patents with students, teachers can play the following game of Who? What? Where? When?
The Cell for IPR Promotion and Management (CIPAM), is set up under the aegis of Department of Promotion for Industry and Internal Trade, Ministry of Commerce and Industry. CIPAM addresses the identified objectives of the National IPR Policy. If any school is interested in organizing an IPR awareness session for their students, they may write to cipam-dipp@gov.in.
