Archive for the ‘Inventions’ Tag

The need and rationale to have IPRs   Leave a comment

IPRs have very strong tie up with trade and commerce both in the domestic and international contexts. IPR stand you in good stead in the face of competition through exclusive rights in terms of patents copyrights, designs, trademarks or combination of these rights. IPR can also be used to obtain loans, license your IP to others, enter into joint ventures, find business partners and consolidate research and development to create new IP. As a result, the R&D becomes more focussed and directed towards creating IP having practical utility. It must be remembered that every IP generated may not be successful in the market because the success depends on many other factors as well. However, if all other factors are the same, IPR will certainly provide a distinct advantage and lead over other products. It is reported that to introduce a new drug into the market a company may work on many molecules say, few thousands, before arriving at one which may succeed in the market. It may take about 12-15 years to introduce a new drug in the market and cost the company about Rs. 2000- 5000 crores. Therefore, it can be seen that the journey from invention to a successful product is long and may require substantial funds.

The process of invention starts with identifying a problem quite accurately and precisely.   An extensive research may be needed to find out alternative solutions which are really new and non-obvious by studying literature and products available in the market. The solutions cannot be in terms of ideas alone but, a practical way of implementing the ideas must be evolved. Do remember that an invention has to be globally new for grant of a patent along with traits of non-obviousness and utility. After determining novelty, non-obviousness and utility of the invention, an application has to be submitted to the Patent Office along with the description of the invention for the grant of a patent for the invention. As mentioned, IPR are awarded by the government and as an inventor one has to request the government (Central). Prescribed fee has to be paid for obtaining IPR and often it may be advisable to take the help of a patent attorney (lawyer) for this purpose.

© R Saha

Posted October 4, 2011 by R Saha in Learn IPR

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Understanding the concepts of Intellectual Property Rights (IPR)   Leave a comment

Intellectual property rights (IPR) are about creations of mind which are new and original in the global context and are granted to creators of intellectual property by the government. Creativity and inventiveness have been the central source and theme of human existence and development; and most things that are interesting, important, and useful for humans are the result of human creativity. Our ancestors travelled millions of years, overcoming unimaginable difficulties through grit, hard work, unceasing perseverance and inventive skills, to come to the stage where we find ourselves today. Otherwise how do you explain the transition from staying on trees, to the fabricating of specialized tools and dwelling units some 40 to 50 thousand years back, to practicing agriculture some 10000 years back, to travelling to other planets in the 21st century. Inventions of alphabets, zero, wheel, microscope, antibiotics, transistors and many others have helped the humans to move further which no other animal is capable of doing.

Awarding right of ownership for creations and inventions help the society in advancing further for better living, health, entertainment etc. These rights in many ways are similar to the rights awarded by the government for your land, house, motor cycle, factory, hotels and so on. Whenever we think of property we think about ownership and whenever we think about ownership we know that the property cannot be used without your consent or permission. It may be noted that IPR are exclusive rights and awarded based on certain laws and these rights are available for a fixed period of time. After the expiry of this protection time anyone can use the intellectual property (IP) without the permission of the owner. In our day to day life we come across different types of IP such as new products, medicines, books, paintings, songs, dresses, motor bikes, interesting logo or slogans for companies, laptops, varieties of flowers, vegetables and fruits. Laws have been made to protect different types of IP in different ways through different forms of IPR which will be covered in my next post.

© R Saha

Posted October 2, 2011 by R Saha in Learn IPR

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