Intellectual Property Rights and

Creation of Patents

Presented by

Dr. Shaleen Raizada

Sanshadow Consultants Pvt. Ltd

What is Intellectual

Property

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Are You Aware?

ƒ Intellectual

property is a

"product of your

mind" and

belongs to you,

just like your

house or your car.

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Money for Idea

ƒ Coke Can opener

ƒ LPG Cylinder safety cap

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Methods of protecting IP

ƒ Patents

ƒ Copyright

ƒ Trademarks

ƒ Industrial Design

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What Is A Patent?

ƒ Legal right

ƒ Granted by the Government of India

ƒ Prevents other people from making,

using or selling your invention

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Conditions For Patentability

ƒ Novelty

ƒ Not obvious

ƒ Industrially Applicable

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Use Prior to Date of Filing

ƒ Applicant - Module Electronic AB

ƒ Opponent - AB Cale Industry

ƒ Patent - Parking Fee machine capable of

receiving payment by credit card as well as

coins

ƒ Opposition claimed that “Parking Fee Pay

Machine” identical to patent was accessible

freely for use, prior to the date of filing

ƒ Patent refused on grounds of “lack of novelty”

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How Sanshadow will help in

creating Patent

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IP Protection &

Commercialization

Strategy (modus Operandi) for IP protection and commercialization

• It is important to start the commercialization of IP parallel with the

IP protection procedure so that the inventions can be commercialized

at a faster speed and the PCT filing cost can be shared/ taken by the

party ready to take the technology.

❖ IP Protection

• Prior art searching to know the patentability of the invention.

• Drafting of patent

• Filing of patent through lawyer

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Commercialization

• Phase I – Business Study & Reaching out• Study to identify potential business entities for technology & IP asset commercialization

• Annual turnover

• Technology and market segmentation of products

• Domestic and international market potential of products

• Organizational culture including willingness and perception of importance of IP acquisition and IP

creation in institutional strategy

• Branding, international recognition

• Status of any IP portfolio

• Marketing mails, calls and social media reach out to

potential entities.

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Commercialization

• Phase II – Facilitation & Deal Closure• Facilitation of IP asset/ technology commercialization with identified business

entities

• Methodology

• SSCPL will support in making presentations and highlighting the advantages of the patented technologies and IP assets that are available for commercializing.

• To open initial business discussions with identified targets

• Negotiations and deal closure

• TT Agreement creation and sign-off.

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Thank You

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