Innovation and Intellectual Property
“I would like to file a patent, how do I go about it?”
“I have an idea for a product. How do I ensure it’s not copied?”
“I have developed a prototype and pitching for investment. How do I protect my intellectual property?”
I come across many questions around intellectual property (IP) rights and patents in my talks and informal conversations. To get #ExpertViews on this topic, I reached out to a friend who had helped with filing one of my patents to learn more about the IP laws, process and the support available for an inventor, entrepreneur in India. Let’s hear from Gyanveer Singh, founder of a Techno-Legal Consulting Firm with a diversified business practice, providing services in the domain of Patents, Trademarks, Copyrights, Corporate Laws, Statutory and Regulatory Compliance.
Q: What is IP? Why do I need to protect it?
A: Intellectual Property is an asset created by the human mind. Technical inventions, artistic works, designs, symbols, logos, etc, are some example IPs. IP becomes an asset when protected. By protecting the IP, you get the right to exclude others from using, manufacturing, selling, and distributing the protected IP without your permission. You may protect IP with a defensive as well as an assertive strategy for IP protection. You may use the defensive strategy to protect the products or services that you want to offer to your customers and the assertive strategy when you want to actively license or sell your IP. IP owners can monetize their assets by licensing or selling the assets. For start-ups, IP is the best value creator. Investors feel comfortable investing in companies having strong IP.
Q: What are the different kinds of IP and how do I know what is the right kind of IPR to protect my idea/invention?
A: Different forms of IP include Patents, Copyright, Industrial Design, Trademark, Geographical Indication, or Trade Secret. Depending on the nature of work and business objectives we can choose one or a combination of protection suitable for you.
New, non-obvious, and useful inventions are protected as Patent. Subject matters, such as new process, system, article of manufacture, or composition of matter may quality for patent protection.
Sign, design, or expression that identifies products or services from a particular source are protected through trademark.
Original works of authorship, like literary works, music art, movies, books, software codes, and more are protected as Copyright.
The visual design of an object is protected as Industrial Design.
Producers of certain products which are tied to a certain geographical location may seek protection via Geographical Indication for such products. Darjeeling tea, Kanchipuram Silk, and Mysore silk, are a few examples of Geographical Indications.
Private information of a business that gives the business a competitive advantage in the marketplace is protected as a Trade Secret.
Q: How should someone with a product/start-up idea go about protecting their IP?
A: Any product/ idea first should be classified to be protected under appropriate IPR. An application is to be filed for protection even before approaching potential business clients. It would be the best approach to seek assistance from an expert with deep knowledge of IPR for protecting your idea.
Protection cannot be sought if the idea/product is known or available in the public domain. All precautions need to be taken to ensure that no pre-disclosure of the idea to the public domain has taken place. It is also crucial to establish confidentiality, non-disclosures, or licensing contracts with all employees, partners, or related parties involved in the business and IPR experts, before disclosing the invention.
Q: What is the process for filing for a patent?
A: An invention can be pursued as a patent if the invention stands out to be novel and non-obvious. Though there is no fixed process, here are the steps that we recommend for better clarity.
a) Write an invention disclosure document describing the technical problem and solution.
b) Conduct a patentability search on the invention to understand the patentable scope of the invention.
c) Draft a patent specification with claims, drawings, detailed description, etc.
d) File patent application with a respective patent office where protection is required.
For identifying patentable subject matter before writing the invention disclosure, we can also conduct an idea harvesting session with engineers/researchers. Idea harvesting sessions or brainstorming sessions can be scheduled anytime during the product development life cycle. Once the valuable ideas are captured, a team member can prepare the invention disclosure document. It is recommended to engage a patent attorney/agent/professional at this stage to conduct a patentability search, draft a patent specification and file the patent application. Patent specification containing claims, detailed descriptions, and drawings, elaborating the invention is a techno-legal write-up disclosing the invention sufficiently. Claims stand out to be the crux of the patent specification on which the owner of the invention enjoys the monopoly. Once the patent specification is finalized, a patent application is filed at a patent office of the desired jurisdiction, along with relevant forms. Some of the forms include proof of right, inventor declarations, entity status declaration, power of attorney, and so on.
Q: What are the various policies in India, Karnataka state that support innovation and start-ups?
A: To Start-ups which are recognized by the Department for Promotion of Industry and Internal Trade (DPIIT), the Government of India offers various benefits including Tax Exemptions, Patent and IPR protection, Easier public procurement norms, Self-Certification, Networking options and so on. Specifically, the benefit of Patent and IPR protection is established with an objective to reduce the cost and time taken for a start-up to acquire a patent, making it financially viable for them to protect their innovations and encouraging them to innovate further. For pursuing patents, Start-ups get the benefits of:
- Fast-tracking examination of Start-up Patent Applications so that their value can be realized sooner.
- Panel of facilitators is impanelled for a Start-up for providing general advisory on different intellectual properties and assist in the filing of IP applications.
- Central Government shall bear the entire fees of the facilitators for any number of patents, trademarks, or designs that a Start-up may file, and the Start-ups shall bear the cost of only the statutory fees payable.
- Start-ups shall be provided an 80% rebate in the filing of patents vis-a-vis other companies. This will help them pare costs in the crucial formative years
Karnataka state has been recognized as a top performer in developing a strong Start-up in the state. Start-up Karnataka policy was established by the Karnataka state government to create a world-class start-up ecosystem. Several schemes and policies are placed specifically for technology-based start-ups to help them with their research and development. They also include futuristic policies to support new and disruptive technologies and a regulatory committee for reviewing the challenges faced by Start-ups working in emerging technologies.
Benefits provisioned by Start-up Karnataka can be availed by any entity working towards innovation, development, or improvement of products or processes or services, or if it is a scalable business model with a high potential for employment generation or wealth creation. The Start-up must be registered in Karnataka and not for more than 10 years. The Start-up should employ at least 50% of its total qualified workforce in Karnataka on a full-time basis.
Innovation Support by Start-up Karnataka
Start-ups registering with Start-up Karnataka are connected with incubators and IP Facilitation centers.
Start-up Karnataka works towards expanding New Age Incubation Network (NAIN) under implementation in engineering colleges for all professional and post-graduate institutions in Tier-II cities. They assist in setting up of Technology Business Incubators (TBIs) in institutions of higher learning with well-developed Research and Development (R&D) facilities. This would provide an opportunity for research ideas to be converted into scalable business proposals.
They also support the private sector in the setup of incubation centers and accelerators or expand existing facilities and operations on a Public-Private Partnership (PPP) basis.
Funding Support by Start-up Karnataka
Along with helping the Start-ups in building their R&D, the Start-up Karnataka financially supports the Start-ups by:
· Reimbursing service tax paid by Start-ups
· Reimbursing GST
· Marketing incentives to Start-ups are reimbursed by 30% of the actual costs up to a maximum of INR 5 lakh per year per company.
· The cost of filing and prosecution of domestic patent applications is reimbursed to the incubated Start-up companies subject to a limit of INR 2 lakh per Indian patent awarded.
· For Foreign patents, on a single subject matter, up to 10 lakhs is reimbursed to the incubated Start-ups.
Q: What motivated you to take up this unique techno-legal domain of work?
A: As an engineering graduate, I was always motivated to keep myself updated with the latest developments on the technology front. As an IPR attorney, there is no compromise on feeding your brain with the newest technologies and their developments. Conveying the technical content in a techno-legal way is an art to inherit and this profession serves the purpose of inheriting such skills. Every assignment, every case, and every project are unique and a challenge to your capabilities and skills. This drives me to explore more and dive deeper into this profession.
Thank you Gyan for sharing your expertise with the broader audience, wishing you success on your journey in the techno legal world! #IPR #PatentFiling #Innovation #Invention #Startupideas
