RM Notes (5modules)

Research Methodology & Intellectual Property Rights (21RMI56)
RESEARCH METHODOLOGY & INTELLECTUAL PROPERTY RIGHTS

Course Code: 21RMI56
MODULE-I
Introduction: Meaning of Research, Objectives of Engineering

Research, and Motivation in Engineering Research, Types of
Engineering Research, Finding and Solving a Worthwhile Problem.
Ethics in Engineering Research, Ethics in Engineering Research
Practice, Types of Research Misconduct, Ethical Issues Related to
Authorship.
Text book referred: Dipankar Deb, Rajeeb Dey, Valentina E. Balas ―Engineering
Research Methodology‖, ISSN 1868-4394 ISSN 1868-4408 (electronic),
Intelligent Systems Reference Library, ISBN 978-981-13-2946-3 ISBN 978-981-
13-2947-0 (eBook), https://doi.org/10.1007/978-981-13-2947-0
Introduction: What Is Research? Meaning of Research
 Research refers to a careful, well-defined (or redefined), objective, and systematic method of
search for knowledge.
 Research involves formulation of hypothesis or proposition of solutions, data analysis, and
deductions; and ascertaining whether the conclusions fit the hypothesis.
 Research is a process of creating, or formulating knowledge that does not yet exist.
 The building up of background for doing research includes one to acquire the
Ability to connect different areas.
 The purpose is to prepare the mind for active work as opposed to becoming an encyclopedia (a
repository).
 Research is not just about reading a lot of books and finding a lot of, gathering a lot of existing
information. It is instead adding, maybe small and specific, yet original, contribution to that
existing body of knowledge.
 There must be a balance between what is achievable in a research program with a finite endpoint
and also, the contribution it is going to make.
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Dr.Pavitra Shanbhag,Department of Mathematics,AJIET,Mangalore
 The objective of a good research program is to try and gain insight into something. Or indeed, to
try and solve a problem.
 Good research questions develop throughout the project actually and one can even keep modifying
them.
 Research Cycle
 Research begins with practical problems: it should be clear what the problem you are trying to
solve is and why it is important.
 This question raises a research question that most people would get lost in large volumes of data.
The question will help to focus on the data and then explain research, which is a study or study in
the result or answer, which will help solving a real problem begin with research. The initial
position is shown in Figure 1.1.
(The question helps to define a research project which is an activity or set of activities that ultimately
leads to result or answer, which in turn helps to solve the practical problem that one started with in
the first place as shown in Fig. 1.1.)
Fig. 1.1 The research flow diagram
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What are the ways in which intelligence is created and acquired?
The ways of developing and accessing knowledge come in three, somewhat overlapping, broad categories:
(i) Observation is the most fundamental way of obtaining information from a source, and it could be
significant in itself if the thing that we are trying to observe is really strange or exciting, or is difficult to
observe. Observation takes different forms from something like measurements in a laboratory to a
survey among a group of subjects to the time it takes for a firmware routine to run. The observational
data often needs to be processed in some form and this leads to the second category of knowledge, the
model. For example: 1. A mechanical engineer can observe how a new product behaves under different
loads. This analysis could lead to the creation of new models of energy products. 2. Observe the wear of
the bearings to determine the cause of the failure. 3. Monitor the performance of the new engine to
determine fuel efficiency.
(ii) Models are approximated, often simplified ways of describing sometimes very complex interactions in
the form of a statistical relationship, a figure, or a set of mathematical equations. For instance, the
modeling equation captures the relationship between different attributes or the behavior of the device in an
abstract form and enables us to understand the observed phenomena.
For example: 1. An engineer might develop a mathematical model of airflow around the wing of an
airplane. The model can be used to predict the lift and drag characteristics of wind turbines. 2. Construct a
stress distribution model in the beam under load. The model can be used to estimate beam deflections and
damage loads. 3. Construct a model of the water flow in the pump. The model can be used to predict the
performance of the pump and head.
(iii) The final category is a way of arranging or doing things through processes, algorithms, procedures,
arrangements, or reference designs, to get a certain desired result.
The categories of knowledge as enumerated above are shown in Fig. 1.2.
Fig. 1.2 The categories of knowledge in research
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Good research involves systematic collection and analysis of information and is followed by an attempt to
infer a little bit beyond the already known information in a way that is a significant value addition.
Usually, engineering research is a journey that traverses from a research area (example: Control Systems),
to the topic (example: Control of Microbial Fuel Cells) and finally onto the problem (example: Adaptive
Control of Single Chamber Microbial Fuel Cells) (Area → Topic → Problem). The journey can be
reverse, for example, the traversal from (Problem → Topic →Area). This can happen when one is led to a
problem through a connection to another
problem whose top structure is different.
What are research projects?
Research involves the formulation of hypotheses or problem-solving strategies, data analysis, and
reasoning; and determines whether the results are consistent with the hypotheses. Research is the
process of creating or presenting knowledge that does not yet exist.
Example:
1. Problem: A bridge architect is trying to build a new earthquake-proof bridge.
2. Assumption: The engineer thinks that the new bridge using steel and concrete will be
more earthquake resistant than the existing bridge.
3. Data Collection: Engineers collect data on earthquake performance of different bridge designs.
Experts also conducted tests to measure the strength and durability of the new bridge.
4. Data Analysis: Designers analyze data to see if it supports the hypothesis. Engineers also use data to
identify design flaws.
5. Inferences: Engineers make inferences from data and theory. Experts may conclude that the newly
built bridge is more earthquake resistant than the existing bridge, but may also conclude that there are
some flaws in the design standards that need to be addresses
6. Conclusion: Engineers concluded that the new bridge construction is a promising solution to the
bridge's seismic resistance problem. But the experts also agreed that more research is needed to measure
and evaluate fitness.
Engineering Research:
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Engineering research is the process of developing the perspectives and seeking improvements in
knowledge and skills to enable the recognition, planning, design, and execution of research in a wide
range of forms relevant for engineering and technology investigations and developments. We can start off
by describing some problem in the world that exists that is bugging or worrying us and that we should be
addressing. It could be that there is something we would like to do or accomplish but currently cannot
because we lack the knowledge to do so. It could be that there is something that already works, but we do
not know why and we would like to understand it better. It could be that we want to do something to see
what will happen.
Objectives of Engineering Research:

 The objective of engineering research is to solve new and important problems, and since the
conclusion at the end of one‘s research outcome has to be new, but when one starts, the conclusion
is unknown. So, the start itself is tricky, one may say.
 The answer is, based on ―circumstantial evidence‖, intuition, and imagination, one Guesses what
may be a possible conclusion. A guess gives a target to work toward, and after initial attempts, it
may turn out that the guess is incorrect. But, the work may suggest new worthy avenues or targets
which may be based on some modifications of the initial target, or may need new techniques, or
one may obtain negative results which may render the initial target or some other targets as not
realizable, or may lead to fortunate discoveries while looking for something else (serendipity).
 Research objectives can sometimes be convoluted and difficult to follow. Knowing where and
how to find different types of information helps one solve engineering problems, in both academic
and professional career.
 Lack of investigation into engineering guidelines, standards, and best practices result in failures
with severe repercussions. As an engineer, the ability to conduct thorough and accurate research
while clearly communicating the results is extremely important in decision making.
 The main aim of the research is to apply scientific approaches to seek answers to open questions,
and although each research study is particularly suited for a certain approach, in general, the
following are different types of research studies: exploratory or formulative, descriptive,
diagnostic, and hypothesis-testing.
 The objectives of engineering research should be to develop new theoretical or applied knowledge
and not necessarily limited to obtaining abilities to obtain the desired result.
 The objectives should be framed such that in the event of not being able to achieve the desired
result that is being sought, one can fall back to understanding why it is not possible, because that is
also a contribution toward ongoing research in solving that problem.
Motivation in Engineering Research:

The possible motives may be the result of one or more of the following desires:
(i) Studies have shown that intrinsic motivations like interest, challenge, learning,
Meaning, purpose, are linked to strong creative performance.
(ii) Extrinsic motivating factors like rewards for good work include money, fame,
Awards, praise, and status are very strong motivators, but may block creativity.
For example: Research outcome may enable obtaining a patent which is a good
Way to become rich and famous.
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(iii) Influences from others like competition, collaboration, commitment, and

encouragement are also motivating factors in research.
Ex: My friends are all doing research and so should I, or, a person that I
Dislike is doing well and I want to do better.
(iv) Personal motivation in solving unsolved problems, intellectual joy, service to
community, and respectability are all driving factors.
The following factors would be a mix of extrinsic and intrinsic aspects:

(i) Wanting to do better than what has been achieved in the world
(ii) Improve the state of the art in technology
(iii) Contribute to the improvement of society
(iv) Fulfillment of the historical legacy in the immediate sociocultural context.
Several other factors like government directives, funding opportunities in certain areas, and terms of
employment, can motivate people to get involved in engineering research.
Types of Engineering Research:

The different types of research are
(i) Descriptive versus Analytical: Descriptive research includes comparative and correlational methods,
and fact-finding inquiries, to effectively describe the present state of art. The researcher holds no control
over the variables; rather only reports as it is. Descriptive research also includes attempts to determine
causes even though the variables cannot be controlled. On the contrary, in analytical research, already
available facts for analysis and critical evaluation are utilized. Some research studies can be both
descriptive and analytical.
(ii) Applied versus Fundamental: Research can either be applied research or fundamental
(Basic or pure) research. Applied research seeks to solve an immediate problem facing the organization,
whereas fundamental research is concerned with generalizations and formulation of a theory. Research
concerning natural phenomena or relating to pure mathematics are examples of fundamental research.
Research to identify social or economic trends, or those that find out whether certain communications will
be read and understood are examples of applied research. The primary objective of applied research is to
determine a solution for compelling problems in actual practice, while basic research is aimed at seeking
information which could have a broad base of applications in the medium to long term.
(iii) Quantitative versus Qualitative: Quantitative research uses statistical observations

of a sufficiently large number of representative cases to draw any conclusions, while qualitative
researchers rely on a few non representative cases or verbal narrative in behavioral studies such as
clustering effect in intersections in Transportation engineering to make a proposition.
Finding and Solving a Worthwhile Problem:
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A researcher may start out with the research problems stated by the Supervisor or posed by others that are
yet to be solved. Alternately, it may involve rethinking of a basic theory, or need to be formulated or put
together from the information provided in a group of papers suggested by the Supervisor. Research
scholars are faced with the task of finding an appropriate problem on which to begin their research. Skills
needed to accomplish such a task at the outset, while taking care of possible implications are critically
important but often not taught. Once the problem is vaguely identified, the process of literature survey and
technical reading, as described in the next chapter, would take place for more certainty of the worthiness
of the intended problem.
However, an initial spark is ideally required before the process of literature survey may duly begin.
Sometimes, an oral presentation by somebody which is followed by asking questions or introspection
provides this perspective which reading papers do not. At other times, a development in another subject
may have produced a tool or a result which has direct implications to the researcher‘s subject and may
lead to problem identification.
A worthwhile research problem would have one or more attributes. It could be Non
intuitive/counterintuitive even to someone who knows the area, something that the research community
had been expecting for sometime, a major simplification of a central part of the theory, a new result which
would start off a new subject or an area, provides a new method or improves upon known methods of
doing something which has practical applications, or a result which stops further work in an area. The
researcher has to be convinced that the problem is worthwhile before beginning
to tackle it because best efforts come when the work is worth doing, and the problem and/or solution has a
better chance of being accepted by the research community.
Not all problems that one solves will be great, and sometimes major advancements are made through
solutions to small problems dealt with effectively.
Some problems are universally considered hard and open, and have deep implications and connections to
different concepts. The reality is that most researchers in their lifetime do not get into such problems.
However, hard problems get solved only because people tackle them. The question a researcher has to
grapple with whether the time investment is worth it given that the likely outcome is negative, and so it is
a difficult personal decision to make. At the same time, even in the case of failure to solve the intended
hard problem, there may be partial/side results that serve the immediate need of producing some results
for the dissertation.
George Pólya (1887–1985) suggested a 4-step procedure for mathematical problem-solving , which is
relevant to engineering researchers as well.
The recommended steps to solve a research problem are
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(i) Understand the problem, restate it as if it‘s your own, visualize the problem by drawing figures, and
determine if something more is needed.
(ii) One must start somewhere and systematically explore possible strategies to solve the problem or a
simpler version of it while looking for patterns.
(iii) Execute the plan to see if it works, and if it does not then start over with another approach. Having
delved into the problem and returned to it multiple times, one might have a flash of insight or a new idea
to solve the problem.
(iv) Looking back and reflecting helps in understanding and assimilating the strategy, and is a sort of
investment into the future.
Ethics in Engineering Research:
Ethics generally refers to a set of rules distinguishing acceptable and unacceptable conduct, distinguishing
right from wrong, or wise aphorisms like the sayings of Chanakya. (Chanakya was a fourth-century
Indian teacher, philosopher, and royal advisor, who authored the political treatise, Arthashastra.
He is regarded as a pioneer in politics, ethics, and economics.) Most people learn such norms in their
formative years, but moral development continues through different stages of growth. Although everyone
recognizes some common ethical norms, but there is difference in interpretation and application. Ethical
principles can be used for evaluation, proposition or interpretation of laws . Although ethics are not laws,
but laws often follow ethics because ethics are our shared values.
According to Whitbeck , the issues related to research credit dates back to the establishment of the British
Royal Society (BRS) in the seventeenth century to refine the methods and practices of modern science .
This event altered the timing and credit issues on the release of research results since BRS gave priority to
whoever first submitted findings for publication, rather than trying to find out who had first
discovered.Whitbeck raised two simple but significant questions to address the tricky issue of authorship
in research: (1) who should be included as an author and (2) the appropriate order of listing of authors. In
an increasingly interconnected world, the issue of co authorship is very relevant to all researchers. There
are issues around individuals who may be deeply involved during the conduct of the research work, but
may not contribute in the drafting phase. Additionally, certain universities now put restrictions on
coauthor ship to prevent malpractices .Government bodies, and universities worldwide have adopted
certain codes for research ethics. Research ethics and the responsible conduct of research are often
erroneously used interchangeably. Research ethics examines the appropriate application of research
outcomes, while responsible conduct of research deals with the way the work is undertaken.
Ethics in Engineering Research Practice:

Technological developments raise a whole range of ethical concerns such as privacy issues and data
related to surveillance systems, and so engineering researchers need to make ethical decisions and are
answerable for the repercussions borne out of their research as outcomes. The reason that ethics matter in
data used in engineering research is usually because there is impact on humans. Certain practices may be
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acceptable to certain people in certain situations, and the reasons for unacceptability may be perfectly
valid. We have unprecedented access to data today, and unprecedented options for analysis of these data
and consequences in engineering research related to such data. Are there things that are possible to do
with this data, that we agree we should not do? Engineering ethics gives us the rule book; tells us, how to
decide what is okay to do and what is not. Engineering research is not work in isolation to the
technological development taking place. Researchers make many choices that matter from an ethical
perspective and influence the effects of technology in many different ways:
(i) By setting the ethically right requirements at the very outset, engineering researchers can ultimately
influence the effects of the developed technology.
(ii) Influence may also be applied by researchers through design (a process that translates the requirements
into a blueprint to fulfill those requirements). During the design process, decision is to be made about the
priority in importance of the requirements taking ethical aspects into consideration.
(iii) Thirdly, engineering researchers have to choose between different alternatives fulfilling similar
functions.
Research outcomes often have unintended and undesirable side effects. It is a vital ethical responsibility of
researchers to ensure that hazards/risks associated with the technologies that they develop, are minimized
and alternative safer mechanisms are considered. If possible, the designs should be made inherently safe
such that they avoid dangers, or come with safety factors, and multiple independent safety barriers, or if
possible a supervisory mechanism to take control if the primary process fails.
Types of Research Misconduct:

Engineering research should be conducted to improve the state-of-the-art of technologies.
Research integrity encompasses dealing fairly with others, honesty about the methods and results,
replicating the results wherever possible so as to avoid errors, protecting the welfare of research subjects,
ensuring laboratory safety, and so forth. In order to prevent mistakes, peer reviews should take place
before the research output is published.
There may be different types of research misconduct as described in research articles which can be
summarized as follows:
(i) Fabrication (Illegitimate creation of data): Fabrication is the act of conjuring data or experiments with a
belief of knowledge about what the conclusion of the analysis or experiments would be, but cannot wait
for the results possibly due to timeline pressures from supervisor or customers.
(ii) Falsification (Inappropriate alteration of data): Falsification is the misrepresentation or
misinterpretation, or illegitimate alteration of data or experiments, even if partly, to support a desired
hypothesis even when the actual data received from experiments suggest otherwise.
Falsification and fabrication of data and results, hamper engineering research, cause false empirical data to
percolate in the literature, wreck trustworthiness of individuals involved, incur additional costs, impede
research progress, and cause actual and avoidable delays in technical advancement. Misleading data can
also crop up due to poor design of experiments or incorrect measurement practices.
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The image of engineering researchers as objective truth seekers is often jeopardized by the discovery of
data related frauds. Such misconduct can be thwarted by researchers by always trying to reproduce the
results independently whenever they are interested to do further work in a published material which is
likely to be part of their literature survey.
(iii) Plagiarism (Taking other‘s work sans attribution): Plagiarism takes place when someone uses or
reuses the work (including portions) of others (text, data, tables, figures, illustrations or concepts) as if it
were his/her own without explicit acknowledgement. Verbatim copying or reusing one‘s own published
work is termed as self-plagiarism and is also an unacceptable practice in scientific literature.The
increasing availability of scientific content on the internet seems to encourage plagiarism in certain cases,
but also enables detection of such practices through automated software packages.
How are supervisors, reviewers or editors alerted to plagiarism?

(i) Original author comes to know and informs everyone concerned.
(ii) Sometimes a reviewer finds out about it during the review process.
(iii) Or, readers who come across the article or book, while doing research.
Although there are many free tools and also paid tools available that one can procure institutional license
of, one cannot conclusively identify plagiarism, but can only get a similarity score which is a metric that
provides a score of the amount of similarity between already published content and the unpublished
content under scrutiny.
However, a low similarity score does not guarantee that the document is plagiarism free. It takes a human
eye to ascertain whether the content has been plagiarized or not. It is important to see the individual scores
of the sources ,not just the overall similarity index. Setting a standard of a maximum allowable similarity
index is inadequate usage of the tool. Patchwork plagiarism is more difficult to evaluate.
There are simple and ethical ways to avoid a high similarity count on an about to be submitted
manuscript. Sometimes, certain published content is perfect for one‘s research paper, perhaps in making a
connection or fortifying the argument presented. The published material is available for the purpose of
being used fairly. One is not expected to churn out research outcomes in thin air.
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However, whatever is relevant can be reported by paraphrasing in one‘s own words, that is, without
verbatim copy. One can also summarize the relevant content and naturally, the summary invariably would
use one‘s own words. In all these cases, citing the original source is important.
However, merely because one has cited a source, it does not mean that one can copy sentences (or
paragraphs) of the original content verbatim. A researcher should practise writing in such a way that the
reader can recognize the difference between the ideas or results of the authors and those that are from
other sources. Such a practice enables one to judge whether one is disproportionately using or relying on
content from existing literature.
(iv) Other Aspects of Research Misconduct: Serious deviations from accepted conduct could be
construed as research misconduct. When there is both deception and damage, a fraud is
deemed to have taken place. Sooner or later ethical violations get exposed. Simultaneous
submission of the same article to two different journals also violates publication policies.
Another issue is that when mistakes are found in an article or any published content, they are
generally not reported for public access unless a researcher is driven enough to build on that
mistake and provide a correct version of the same which is not always the primary objective of
the researcher.
Ethical Issues Related to Authorship:

Academic authorship involves communicating scholarly work, establishing priority for their discoveries,
and building peer-reputation, and comes with intrinsic burden of acceptance of the responsibility for the
contents of the work. It is the primary basis of evaluation for employment, promotion, and other honors.
There are several important research conduct and ethics related issues connected to authorship of research
papers as described by Newman and Jones, and are summarized herewith in the context of engineering
research.
Credit for research contributions is attributed in three major ways in research publications: by authorship
(of the intended publication), citation (of previously published or formally presented work), and through a
written acknowledgment (of some inputs to the present research). Authorship establishes both
accountability and gives due credit. A person is expected to be listed as an author only when associated as
a significant contributor in research design, data interpretation, or writing of the paper.
Including ―guest‖ or ―gift‖ (coauthor ship bestowed on someone with little or no contribution to the work)
authors dilutes the contribution of those who actually did the work, inappropriately inflates credentials of
the listed authors and is ethically red flag highlighting research misconduct. Sometimes, the primary
author dubiously bestows coauthor ship on a junior faculty or a student to boost their chances of
employment or promotion, which can be termed as Career-boost authorship.
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There is also an unfortunate malpractice of coauthor ship that can be described as ―Career-preservation
authorship‖ wherein a head of the department, a dean, a provost, or other administrators are added as
Coauthors because of quid pro quo arrangement wherein the principal author benefits from a ―good
relation‖ with the superiors and the administrator benefits from authorship without doing the required
work for it.
Sometimes, an actual contributor abstains from the list of authors due to non-disclosed conflict of interest
within the organization. Such coauthor ships can be termed as ghost coauthor ship. Full disclosure of all
those involved in the research is important so that evaluation can happen both on the basis of findings, and
also whether there was influence from the conflicts. In another type of questionable authorship, some
researchers list one another as coauthors as a reciprocal gesture with no real collaboration except minimal
reading and editing, without truly reviewing the work threadbare.
Some authors, in trying to acquire a sole-authored work, despite relying on significant contribution to the
research work from others, recognize that effort only by an acknowledgment, thereby misrepresenting the
contributions of the listed authors. The unrecognized ―author‖ is as a consequence, unavailable to readers
for elaboration.
All listed authors have the full obligation of all contents of a research article,and so naturally, they should
also be made aware of a journal submission by the corresponding author. It is imperative that their consent
is sought with respect to the content and that they be agreeable to the submission. In case of misconduct
like inappropriate authorship, while the perpetrator is easier to find, the degree of
Appropriate accountability of the coauthors is not always obvious. Being able to quantify the contributions
so as to appropriately recognize and ascertain the degree of associated accountability of each coauthor, is
appealing.
Double submission is an important ethical issue related to authorship, which involves submission of a
paper to two forums simultaneously. The motivation is to increase publication possibility and possibly
decrease time to publication. Reputed journals want to publish original papers, i.e., papers which have not
appeared elsewhere, and strongly discourage double submission.
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Questions
1. Explain the fundamental principles of engineering research and how it involves systematically
exploring and learning to solve real world problems? CO1, RBTL3, 10M
2. Explain the significance of framing research objectives in engineering, emphasizing their role in the
research process and potential outcomes even when the desired result is not achieved.
CO1 ,RBTL3, 10M
3. Explain the various motivations that drive engineers to engage in research, highlighting their diverse
reasons and how these motivations influence their research pursuits. CO1 ,RBTL3, 10M
4. Compare and contrast types of engineering research, and explain their respective roles in shaping
discoveries and solving problems in the field. CO1, RBTL4, 10M
5. Describe the significance of ethics in engineering research, providing examples of how ethical
principles guide researchers and explain the historical development of international rules for research
ethics, including their impact on the conduct of research. CO1, RBTL4, 10M
6. Explain the significance of engineering ethics in research, particularly in context of data related
technologies and how engineering researchers can proactively address ethical concerns during the
development of technology. CO1 ,RBTL4, 10M
7. Explain the importance of research integrity, while also highlighting other forms of research
misconduct and their implications CO1, RBTL4, 10M
8. In the context of engineering research ethics, describe the ethical pitfalls in academic authorship, their
implications on scholarly communication, and the shared responsibility among coauthors, and evaluate
the strategies to address these concerns, providing insights, into quantifying individual contributions.
CO1 ,RBTL4, 10M
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MODULE-II
Literature Review and Technical Reading,
New and Existing Knowledge, Analysis and Synthesis of Prior Art Bibliographic Databases,
Web of Science, Google and Google Scholar, Effective Search: The Way Forward Introduction
to Technical Reading Conceptualizing Research, Critical and Creative Reading, Taking Notes
While Reading, Reading Mathematics and Algorithms, Reading a Datasheet.
Attributions and Citations: Giving Credit Wherever Due, Citations: Functions and Attributes,
Impact of Title and Keywords on Citations, Knowledge Flow through Citation, Citing Datasets,
Styles for Citations, Acknowledgments and Attributions, What Should Be Acknowledged,
Acknowledgments in, Books Dissertations, Dedication or Acknowledgments.
Text book referred: Dipankar Deb, Rajeeb Dey, Valentina E. Balas ―Engineering Research
Methodology‖, ISSN 1868-4394 ISSN 1868-4408 (electronic), Intelligent Systems Reference
Library, ISBN 978-981-13-2946-3 ISBN 978-981-13-2947-0 (eBook), https://doi.org/10.1007/978-
981-13-2947-0.
Literature Review and Technical Reading:
The primary goal of a literature review is to:
Identify the research problem. This includes understanding the current state of knowledge on the topic,
identifying gaps in knowledge, and determining the research questions that need to be answered.
Advocate a specific approach. This involves evaluating the different approaches that have been taken to
study the problem, and selecting the approach that is most likely to be successful. Evaluate the choice of
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methods. This includes assessing the validity and reliability of the methods that have been used, and
determining whether they are appropriate for the research problem. Demonstrate the need for new
research. This involves showing that the existing research is not sufficient to answer the research
questions, and that new research is needed to make progress. The quality of a literature review can be
evaluated based on the following criteria:
Breadth and depth of coverage: The literature review should cover a wide range of
relevant sources, and provide a deep understanding of the research problem.
Clarity and rigor: The literature review should be written in a clear and concise style, and should use
rigorous analytical methods.
Consistency : The literature review should be consistent with the research problem, approach, and
methods.
Effective analysis: The literature review should provide a critical analysis of the existing research, and
should identify the key findings and gaps in knowledge.
New and Existing Knowledge:

The interpretation of new knowledge heavily depends on the researcher's background and perception,
which can range from indifference to excitement. The significance of new knowledge is often
established by identifying existing problems in the field and demonstrating the gaps in the current
understanding.
Existing knowledge is essential for highlighting the existence of a problem and its importance.
Researchers use the context, significance, originality, and tools from existing literature to build a case
for their work. This knowledge is gathered through extensive reading and literature review, spanning
both foundational textbooks and recent research papers. Textbooks provide established knowledge and
foundational background, while research papers focus on presenting new, cutting-edge information.
Research papers assume prior knowledge and can be challenging to understand without a solid
foundation. Researchers often need to refer to various sources to interpret the content of research papers
effectively.
A thorough literature review is crucial to demonstrate how a research piece builds upon existing work. It
provides a strong foundation for advancing knowledge, identifying gaps, and suggesting new research
directions. A good literature survey is concept-focused rather than author-focused.
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Components of a Comprehensive Literature Review:
1. Summarize existing knowledge from the state of the art.
2. Detail key concepts, factors, parameters, and relationships.
3. Discuss complementary approaches to the topic.
4. Highlight inconsistencies, shortcomings, and contradictory results.
5. Justify the need for further research in the field. Steps to

Conduct an Effective Literature Survey:
1. Identify major topics or concepts relevant to the research subject.
2. Categorize relevant sources (articles, patents, websites, data, etc.) under respective
concepts.
When encountering important information, researchers often highlight, underline, or mark it for future
reference. However, to truly integrate this knowledge, it's essential to write about it in one's own words,
connecting it with the existing foundation. Building a strong knowledge foundation requires continuous
reading, learning, and writing. By crafting and reshaping newly acquired information to fit into the
existing framework, researchers ensure a robust understanding of the topic.
New and existing knowledge play crucial roles in research. Understanding the significance of existing
knowledge, effectively reviewing the literature, and integrating new findings into the foundation are
essential steps for researchers seeking to contribute meaningfully to their field. A comprehensive
literature survey not only informs the researcher but also serves as a cornerstone for future
advancements.
Analysis and Synthesis of Prior Art:

After collecting relevant sources, researchers engage in breaking down and synthesizing each article's
content to construct a cohesive literature review. This process involves understanding the articles'
hypotheses, models, experimental conditions, and drawing connections between different pieces of
information. The goal is to identify unsolved issues, flaws in existing models, and propose novel ideas.
Steps in Analyzing Literature [Table 2.1]:
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1. Understanding the Hypothesis: Grasp the central research question or hypothesis of each article.
This helps establish the context and purpose of the research.
2. Understanding Models and Experimental Conditions: Delve into the models

and experimental setups used in the articles. This understanding helps in comparing and
contrasting findings and methodologies.
3. Making Connections: Identify common themes, similarities, and differences across the articles.
This step involves synthesizing the information to derive meaningful insights.
4. Comparing and Contrasting: Compare various pieces of information, methodologies, and

results across different sources. This comparison can reveal trends, contradictions, or gaps in the
existing knowledge.
5. Finding Strong Points and Loopholes: Evaluate the strengths and weaknesses of each article.
Identify areas where the research is robust and where there might be limitations or areas that
need further investigation.
Table 2.1 The literature survey grid
Critical Evaluation of Sources:

Authority: Assess the author's credentials and affiliation. Consider the publisher of the information.
Academic or reputable sources carry more weight.
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Accuracy: Compare the information presented with what is already known about the topic. Does the
information align with credible sources? Look for citations and references that support the claims made.
Scope: Determine if the source matches the appropriate comprehension or research level. Ensure that
the content is relevant to your research goals.
Currency: Consider the publication date. Depending on the field, currency may be crucial to ensure
you're working with up-to-date information.
Objectivity: Evaluate the objectivity of the source. Is the information presented without bias? Look for
balanced viewpoints and comprehensive analyses.
Purpose: Understand the purpose of the source. Is it a research paper, review article, or opinion piece?
Different types of sources serve different purposes.
An effective literature survey involves a meticulous process of breaking down and synthesizing
information from various sources. Researchers must understand the hypotheses, models, and
experimental conditions, while also comparing and contrasting findings. Critical evaluation of sources
based on criteria such as authority, accuracy, scope, currency, objectivity, and purpose ensure that the
gathered information is reliable and relevant. This comprehensive approach not only enhances the
quality of the literature review but also contributes to the development of novel ideas and research
directions.
Bibliographic Databases:
Bibliographic databases serve as essential resources for researchers by offering access to citation-related
information and abstracts of scholarly research articles. These databases provide a valuable tool for
searching and retrieving relevant literature, aiding in the exploration of new ideas and addressing
research problems.
Benefits of Bibliographic Databases:
1. Abstracting and Indexing Services: Bibliographic databases act as abstracting and indexing
services, compiling essential details about research articles. They include information such as
citations, abstracts, authors, affiliations, and keywords.
2. Access to Scholarly Literature: These databases facilitate access to a wide range of scholarly
research articles, helping researchers stay informed about the latest developments in their field.
3. Search Capabilities: Researchers can perform advanced searches using keywords, authors,
publication years, and other criteria to find relevant articles quickly.
4. Comprehensive Coverage: Bibliographic databases cover a vast array of disciplines
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and subjects, providing a comprehensive repository of research materials.

5. Quality Research: Simultaneous searches across multiple databases help researchers
avoid overreliance on a single source and mitigate limitations associated with individual
databases.
Challenges and Solutions:

1. Database Limitations: Relying solely on one database can result in biased or incomplete results.
Researchers might encounter limitations in terms of coverage, access, or search capabilities.
2. Intrinsic Shortcomings: Each database may have its own limitations, such as biased
indexing, incomplete coverage of certain fields, or inconsistencies in abstract quality.
Selecting Databases for Research:
1. Identification of Relevance: Researchers should quickly identify which databases are

suitable for exploring their ideas or addressing specific research problems.
2. Diverse Selection: To ensure comprehensive coverage, researchers can choose

a combination of databases that cater to their research area.
3. Cross-Database Searches: Researchers should perform simultaneous searches across multiple

databases to enhance the breadth and quality of their research findings.
Bibliographic databases play a vital role in modern research, enabling researchers to access, search, and
retrieve scholarly articles efficiently. By utilizing multiple databases and conducting simultaneous
searches, researchers can overcome limitations and biases associated with individual sources, thereby
enhancing the quality and comprehensiveness of their research. These databases are integral to the
process of exploring new ideas, addressing research problems, and building on existing knowledge.
Web of Science:
Web of Science, formerly known as ISI or Thomson Reuters, is a comprehensive platform
encompassing multiple databases and specialized tools for scholarly research. It provides researchers
with access to a wide range of scholarly materials, making it an invaluable resource for academic
exploration.
Key Features and Usage:
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1. Search Capabilities: Web of Science offers an extensive search functionality, allowing

researchers to explore scholarly materials within specific topics of interest. The search can be
refined using various fields such as title, topic, author, address, and more.
2. Sorting and Refining: Researchers can sort search results by factors such as the number of
citations or publication date. The "Refine Results" panel on the left enables narrowing down
results using keywords, phrases in quotation marks, material type (e.g., peer-reviewed
journal articles), date, language, and more.
3. Enhanced Search Strategies: The platform encourages effective search strategies by
suggesting actions such as putting quotes around phrases, adding more keywords, and
considering alternate word endings. Researchers are also advised to break down search
concepts and use the "OR" operator to connect alternate search terms.
4. Cited Reference Search: A unique feature is the "Cited Reference Search," enabling researchers
to trace articles that have cited a previously published paper. This option provides insights into
how ideas have been applied, improved, or extended over time.
5. Structured and Informed Results: The platform ensures efficient utilization of time by
narrowing and refining search results. Researchers can broaden or narrow down results
based on their needs using built-in fields.
6. Access to Detailed Information: Clicking on search results provides a wealth of information
about the paper, including the title, authors, journal type, volume, issue number, publication year,
abstract, and keywords. This information helps researchers decide whether to acquire the full
version of the paper. Web of Science is a powerful tool that empowers researchers to navigate
scholarly literature effectively. Its diverse databases, specialized tools, and search features allow
for precise exploration of topics of interest. By offering features such as cited reference searches
and detailed result information, Web of Science facilitates informed decision- making and
efficient utilization of research time. This platform is an invaluable asset for researchers seeking
to access, analyze, and contribute to scholarly knowledge.
Google and Google Scholar

Google and Google Scholar are valuable starting points for research due to their accessibility and
potential to find freely available information. However, both platforms come with limitations and
challenges, leading researchers to seek alternative strategies for obtaining relevant and accurate sources
of information.
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Google's Limitations:
1. "Black Box" Nature: Google searches the entire internet without quality control, making it
difficult to determine the reliability and source of results.
2. Limited Search Functionality: Google offers limited search and refinement

options, potentially leading to overwhelming or irrelevant results.
Google Scholar's Limitations:
1. Mixed Scholarly Content: Some results may appear scholarly but lack credibility upon
closer examination.
2. Incomplete Coverage: Not all publishers make their content available to Google
Scholar.
3. Limited Search Capabilities: Google Scholar provides fewer search options for refining results.
SearchOperators for Improved results:

1. OR Operator: Broadens searches by capturing synonyms or variant spellings.
Example: Synchronous OR asynchronous captures results with either term.
2. Brackets/Parentheses: Group OR'd synonyms of a concept while combining them with another.
Example: RAM (synchronous OR asynchronous).
3. Quotation Marks: Narrows searches by finding words together as a phrase.
Example: "Texas Instruments" narrows results to that specific phrase.
4. Site Operator: Limits searches to a specific domain or website. Example: site:
http://ieeexplore.ieee.org focuses on results from that site.
5. Filetype Operator: Filters results based on a specific file extension. Example:
filetype: pdf narrows results to PDF documents.
6. Search Tools Button: Provides additional options like date limitation.
Seeking Scholarly Resources:
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1. Academic Databases: Databases offer specialized search capabilities and better quality control.
They provide access to journal articles, conference proceedings, and scholarly resources.
2. Advantages of Databases: Databases offer more relevant, focused results due to better quality
control and search functionality.
3. Database Selection: Choose databases based on subject area, date coverage, and publication type.
4. Search Techniques Consistency: While database interfaces vary, the core search techniques
remain consistent.
While Google and Google Scholar are valuable initial search tools, researchers must be aware of their
limitations and refine their search strategies accordingly. Utilizing search operators and tools can
improve search results. However, for in-depth and credible scholarly research, academic databases
offer more focused and reliable resources. Researchers should select appropriate databases based on
their subject area, ensuring better control and accuracy in their search for information.
Effective Search: The Way Forward

Scholarly publications are authored by researchers in specific fields, undergo peer review, and target
experts and students in the field. While engineering researchers often refer to scholarly journals and
peer-reviewed sources, useful content can also be found in popular publications for broader readership.
A comprehensive search involves using various search tools and considering the type and availability of
information.
Diverse Sources and Considerations:
1. Scholarly vs. Popular Publications: Scholarly publications are formal, peer- reviewed, and
aimed at experts, while popular publications are informal and cater to a broader audience.
2. Multiple Sources Needed: No single source provides all required information;
researchers must explore various sources.
3. Availability and Timing: Not all information is online; scholarly information may take time to
publish, and current news may not have scholarly coverage.
4. Iterative Process: Searching involves experimenting with keywords, evaluating

results, modifying searches, and analyzing citations and references.
Research Process Steps:
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1. Literature Survey: Engage in an iterative process of searching, evaluating, and modifying

searches to identify relevant sources.
2. Critical Reading: Thoroughly read and observe salient points in selected sources, making notes
and summarizing findings.
3. Comparison and Contrast: Compare and contrast findings to identify patterns, trends, and
inconsistencies.
4. Continuous Process: Literature survey is ongoing, as new literature appears and understanding
grows, leading to new connections and related problems.
Importance of Skill Development:
1. Reading Math-Heavy Articles: Developing the skill to understand complex, math-heavy

articles is essential. This skill is honed through reading and seeking help.
2. Gradual Skill Growth: Graduates develop the skill over time through reading, coursework, and
seeking guidance.
Maintaining Focus and Active Engagement:
1. Purpose of Literature Survey: Extensive searches should be purposeful, as time can be wasted
without active reading and idea development.
2. Continuous Engagement: Literature survey is ongoing, with new connections

and evolving problems leading to further searches. Synopsis and Doctoral Committee
Approval:
1. Ph.D. Scholar's Task: A Ph.D. scholar undertakes an extensive literature survey during the
synopsis writing stage.
2. Source Exploration: Archived journals and bibliographies are initial sources, leading to further
exploration.
Conducting an effective literature survey is an integral part of the research process. Researchers
navigate diverse sources, differentiate between scholarly and popular publications, and engage in
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iterative searching and critical reading. Skill development, continuous engagement, and purposeful focus
are key to successful literature survey and research endeavors. The process is cyclical and essential for
building a strong foundation, making connections, and identifying challenges in the research area.
Introduction to Technical Reading
Staying updated with research outcomes is crucial for active researchers. However, the abundance of
literature can be overwhelming. A strategic and efficient approach to reading research papers is essential
for effective research.
Strategies for Reading Research Papers:
1. Selective Reading: Not all papers are worth reading in-depth. An initial skimming helps decide
whether a paper is worth further exploration.
2. Skimming Process:
a. Read the title and keywords: Determine if the paper is interesting and relevant.
b. Read the abstract: Gain an overview of the paper's content and relevance. c. Jump to
conclusions: Assess if the paper aligns with your research goals. d. Review figures, tables,
and captions: Quickly understand the key results.
3. In-Depth Reading:
a. Introduction: Understand the background and purpose of the study.
b. Results and Discussion: Focus on the core findings and their interpretation.
c. Experimental Setup/Modeling: Read if interested in detailed methodology.
4. Consider Author Reputation: Evaluate not only the content but also the reputation of
the authors who produced the knowledge.
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5. Staying Updated: Continuously search for relevant literature and remain up-to- date with
developments in the field.
Research Projects:
a. Small Projects: Advisor might provide specific papers to read.
b. Large Projects: Develop a personal strategy for finding and reading relevant literature.
Importance of Strategy:
1. Efficient Time Utilization: Avoid reading irrelevant papers by skimming and selecting wisely.
2. Focused Learning: Delve deeper into sections crucial for understanding, such as Introduction
and Results/Discussion.
3. Research Relevance: Ensure alignment between the paper's content and your
research goals.
Navigating the vast landscape of research literature requires a strategic and purposeful approach.
Skimming, selective reading, and focusing on key sections enable researchers to efficiently identify
relevant papers and gain insights from them. As research is a continuous process, staying updated and
adapting reading strategies to different project sizes is vital for successful exploration of new
knowledge.
Conceptualizing Research
Research objectives must center on new knowledge and gain recognition from the research community.
While originality and significance are key, a solvable approach is crucial. Conceptualizing research
involves aligning a significant problem, necessary knowledge, and applicable methods, which requires
expertise in the field.
Characteristics of a Good Research Objective:
1. Novelty and Significance: Research objectives should contribute new insights and be
recognized as valuable by peers.
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2. Feasibility: Objectives should be achievable within available resources and methodologies.
Conceptualizing Research at Different Levels:
1. Ph.D. Level and Higher:
a. Expertise Requirement: Developing a research objective demands expertise at the edge of

knowledge.
b. Immersion in Literature: Continuously reading and understanding existing literature is crucial for
combining problem significance, existing knowledge, and potential methods.
Smaller Scope Projects (Master‘s Thesis):
a. Expert Guidance: Researcher may lack the time to become an expert. Supervisor's expertise helps
formulate research objectives.
b. Efficient Literature Navigation: Established researchers guide towards essential literature for a
focused understanding.
Balancing Building and Knowledge Creation:
• Engineer's Perspective: Engineers often prefer tangible outcomes. However, research's

primary goal is new knowledge creation.
• Building vs. Knowledge: Even unique creations can be labeled as lacking research value if
they are intuitive and expected from competent engineers.
Effective research objectives require a deep understanding of the problem's significance, relevant
knowledge, and applicable methodologies. Developing such objectives demands immersion in existing
literature and becoming an expert at the edge of knowledge. While larger research projects demand
individual expertise, smaller projects benefit from expert guidance. Balancing tangible outcomes
with knowledge creation is essential to ensure the research's true value is realized and recognized.
Critical and Creative Reading
Reading research papers is a process that involves critical evaluation, skepticism, and a willingness to
question assumptions. A reader should actively engage with the content, assessing the validity of
arguments, considering alternative solutions, and evaluating the data presented.
Critical Reading:
• Questioning Assumptions: Challenge assumptions made by the authors. Are they reasonable,
and do they align with the problem being addressed?
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• Alternative Solutions: Consider if there are simpler or more effective solutions that were
overlooked.
• Limitations and Missing Links: Identify both stated and ignored limitations of the proposed
solution. Determine if any essential connections or steps are missing.
• Assumptions and Logic: Assess the logical flow of the paper and the soundness of assumptions
made.
• Data Evaluation: Scrutinize the data presented. Is it relevant and interpreted correctly? Could
alternative datasets provide stronger support?
Judgmental and CreativeApproaches:

Judgmental Approach: Employ a judgmental mindset to critically identify errors and
inconsistencies in the paper.
• Boldness in Judgment: Be willing to make bold judgments about the paper's content,
assumptions, and conclusions.
• Flexibility in Judgment: Be open to revising judgments based on new insights gained from
careful reading.
Creative Reading:
• Positive Approach: Creatively explore the paper's content to discover new ideas, applications, or
generalizations that may have been missed by the authors.
• Extending Work: Look for opportunities to extend the research by identifying potential areas
for further investigation.
• Practical Challenges: Consider if modifications to the proposed solution could introduce

practical challenges or lead to valuable new research directions.
Challenges in Critical and Creative Reading:
• Critical vs. Creative: Critical reading aims to identify errors, while creative reading involves
seeking new opportunities and insights.
• Relative Difficulty: Creative reading can be more challenging than critical reading,
requiring a proactive and open-minded approach.
Reading research papers is a multi-faceted process that involves both critical evaluation and creative
exploration. Approaching papers with skepticism, questioning assumptions, and assessing data accuracy
are integral to critical reading. Creative reading involves looking beyond the presented content to uncover
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potential extensions, applications, and research directions. Developing the skills for both critical and
creative reading enhances a researcher's ability to engage deeply with research papers and contribute
meaningfully to the field.
Taking Notes While Reading:
Strong reading skills are fundamental for effective research writing. The transition from reading to
writing is facilitated by the practice of taking notes during and after the reading process. Note-taking
helps researchers remember and utilize valuable information, ensuring a smoother transition from
reading to writing.
Importance of Note-Taking:
 Preservation of Knowledge: Taking notes prevents valuable insights from being forgotten over
time.
• Highlighting Key Content: Important concepts, definitions, and explanations are marked for
later reference.
• Capturing Questions and Criticisms: Queries and criticisms are documented, aiding critical
analysis and potential research directions.
• Enhancing Recall: Notes help in quickly revisiting and recalling content during the writing phase.
Methods of Note-Taking:
Marginal Annotations: Researchers often jot down notes in the margins of paper copies or digitally
using specialized tools.
• Content Highlighting: Key concepts, definitions, and noteworthy passages are highlighted for
quick reference.
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• Questions and Critiques: Noting questions, concerns, and critiques helps engage deeply
with the material.
• Summary Sentences: Concluding the reading with a few sentences summarizing

the paper's contributions is a beneficial practice.
Evaluating Contributions and Comparative Analysis:
• Assessing Technical Merit: A thorough reading culminates in understanding the paper's

contributions.
• Comparative Perspective: Evaluating the paper's content in relation to existing works in the same
area provides context and insights.
Types of Contributions:
a. New Ideas: Identifying novel concepts or methodologies introduced in the paper.
b. Application of Existing Ideas: Analyzing how established ideas are implemented in new experiments
or applications.
c. Synthesis of Existing Ideas: Recognizing the integration of different existing concepts under an
original framework.
Interplay with Existing Literature:
• Contextual Understanding: The type of contribution a paper makes becomes clearer when
viewed in comparison with related literature.
• Identifying Gaps and Innovations: Reading multiple papers in the same area helps identify
research gaps and potential areas for innovation.
Effective note-taking during the reading process enhances a researcher's ability to transition from
reading to writing. Noting key content, questions, and criticisms aids in maintaining the integrity of the
knowledge acquired. Summarizing a paper's contributions and assessing its technical merit are important
skills that flourish with experience and engagement with existing literature. By honing these skills,
researchers optimize their reading efforts to produce well-informed and impactful research writing.
Reading Mathematics and Algorithms
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Mathematics serves as the foundational framework for the advancement and growth of engineering
research and practice. It plays a pivotal role in deriving proofs, developing algorithms, and creating the
theoretical underpinning of technical papers. While mathematical content may appear daunting, diligent
reading and understanding of mathematical derivations are essential for comprehending the core of any
technical research paper.
Importance of Mathematical Derivations and Proofs:

Core of Technical Papers: Mathematical derivations and proofs form the heart of technical papers,
providing the foundation for novel concepts and innovations.
• In-depth Understanding: Meticulous reading of mathematical content enhances the

researcher's grasp of the problem, solution, and underlying principles.
• Sound Understanding: In-depth comprehension of proofs and algorithms after identifying paper
relevance fosters a solid grasp of the authors' attempted solution.
Selective Skimming of Technical Sections:
Relevance Consideration: Skim technical sections that reiterate known concepts or seem
too advanced for the current research stage.
• Delayed Understanding: Postpone deep comprehension of specialized sections that might not be
immediately relevant.
• Later Exploration: Bookmark sections that appear too intricate or detailed for later exploration
once foundational knowledge is consolidated.
Implementation of Algorithms:
• Verification and Validation: Implementation of complex algorithms using programming

languages helps identify errors and validate their functionality.
• Real-World Application: Practical implementation reveals the feasibility of algorithms and

uncovers potential issues that might not be apparent in theory.
Importance of Quick Coding:
• Algorithm Verification: Rapid coding and implementation can validate the correctness of
algorithms.
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• Practical Application: Practical coding unveils real-world challenges and discrepancies that
may not be evident from theory alone.
Mathematics is the backbone of engineering research, providing the basis for proofs, algorithms, and
theoretical frameworks. Thorough reading and understanding of mathematical content, along with
selective skimming of technical sections, ensure comprehensive comprehension of research papers.
Practical implementation of algorithms through coding serves as a vital step to verify their correctness
and applicability. By embracing mathematical rigor and practical coding, researchers can effectively
bridge theory and practice, contributing to the advancement of engineering knowledge and innovation.
Reading a Datasheet:
In various engineering fields, researchers encounter diverse types of documents that are crucial for
understanding, designing, and incorporating specific components or parts. Datasheets, particularly in
electronics, serve as instruction manuals for electronic components and play a pivotal role in circuit
design, debugging, and integration.
Importance of Datasheets:
Instruction Manuals for Components: Datasheets provide comprehensive details about electronic
components, including their functionalities, specifications, and usage instructions.
• Design and Debugging: Researchers utilize datasheets to design circuits, debug existing circuits,
and ensure proper component integration.
• Performance Analysis: Datasheets offer insights into component performance under varying
conditions, enabling researchers to optimize circuit design.
Reading Datasheets:
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Initial Skimming: Begin with an initial skimming to assess the relevance of the datasheet to the
research task at hand.
• Functional Block Diagram: Review the functional block diagram to understand the internal
functions and connections of the component.
• Pinout and Physical Layout: Examine the pinout to identify the physical location of pins,
ensuring correct placement in the circuit.
• Graphs and Performance Data: Study graphs depicting performance against variables like
supply voltage and temperature. Note safe operating regions for reliable functioning.
• Truth Tables: Understand truth tables detailing input-output relationships, aiding in

configuring the component correctly.
• Timing Diagrams: Analyze timing diagrams to grasp data transmission and reception speed
and patterns.
• Package Dimensions: Note accurate package dimensions, which are vital for proper PCB
layout.
Benefits of Reading Datasheets:
• Efficiency and Time Savings: Thoroughly reading a component's datasheet provides insights
that can lead to shortcuts and efficient solutions, saving time in the long run.
• Informed Decision-Making: When choosing components for a research project, detailed

knowledge from datasheets helps researchers make informed decisions.
• Circuit Reliability: Properly understanding datasheets ensures that components are

used within specified parameters, enhancing circuit reliability.
Importance Beyond Datasheets:
 Field-Specific Documents: Researchers in different engineering branches encounter

various specialized documents that are essential for their work.
• Broad Reading Skills: The ability to read and understand technical documents beyond research
papers or books is crucial for comprehensive research.
Datasheets serve as indispensable resources for electronic component information, aiding researchers in
circuit design, debugging, and integration. Properly reading and comprehending datasheets allow
researchers to make informed decisions, optimize circuit performance, and enhance overall efficiency.
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The skill of reading technical documents extends beyond datasheets, encompassing a range
of specialized documents in different engineering fields.
Attributions and Citations: Giving Credit Wherever Due
Academic writing is governed by established rules and conventions, with a crucial emphasis on proper
attribution, referencing, and acknowledgment of the contributions of others. These practices ensure the
integrity of scholarly work and uphold ethical standards.
Citing:
Citing involves integrating quotes, references, and ideas from other authors' works into one's own
text.
• The primary purpose of citing is to provide evidence, support arguments, and give context to
the reader.
• Proper citation allows readers to trace back to the original source and verify the information.
• Citing should be clear, accurate, and relevant to the context.
Referencing:
 Referencing is the act of listing complete publication details of cited works in a reference list or
bibliography.
• It provides readers with comprehensive information about the sources and helps them locate
the cited works.
• Correct referencing also demonstrates the researcher's familiarity with relevant literature.
Acknowledgment:
• Acknowledgment acknowledges contributions and support received in the research process.
• It expresses gratitude to individuals or entities that aided in the research, such as funding
agencies, colleagues, or mentors.
• Acknowledgment is personal, often containing expressions of appreciation beyond the

research itself.
Attribution:
• Attribution involves correctly attributing ideas, concepts, and findings to their original authors.
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• It is a fundamental principle in avoiding plagiarism and maintaining academic honesty.
• Proper attribution demonstrates respect for intellectual property and the intellectual
lineage of research.
Differences:
• Citing: Quoting or referring to specific content within the text
Referencing: Providing complete publication details for cited works in a separate section.
• Acknowledgment: Expressing gratitude to individuals or organizations that contributed to the

research.
• Attribution: Correctly attributing ideas and work to their original creators. Importance:
• Integrity: Proper citing, referencing, and acknowledgment ensure research integrity and avoid
plagiarism.
• Ethical Responsibility: Researchers have an ethical duty to acknowledge the intellectual

property of others.
• Transparency: Readers can verify claims, explore sources, and delve into relevant literature.
• Scholarly Communication: Effective citation and referencing contribute to clear and effective
scholarly communication.
Legal Implications:
• Failure to cite properly can lead to accusations of plagiarism and intellectual property
infringement.
• Inaccurate or inadequate attribution may result in legal challenges from original authors
or entities.
In academic writing, adhering to rules of citing, referencing, acknowledgment, and proper attribution is
vital to maintain scholarly integrity and ethical standards. These practices facilitate transparent
communication, enable readers to verify information, and uphold the contributions of both the
researcher and the original authors.
Citations: Functions and Attributes :
Citations, referencing, and ethical citation practices are vital components of academic writing, ensuring
the proper acknowledgment of sources and the integrity of research. They play a pivotal role in
maintaining ethical standards and facilitating the dissemination of knowledge.
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Citations and their Importance:
 Citations credit authors and allow readers to trace the source for verification.
• Properly citing sources is essential to avoid plagiarism and give credit where due.
 Citing ensures transparency and accountability in scholarly work.

 Types of Materials Requiring Citation:
 Any content from external sources: texts, images, sounds, etc.
 Failure to cite may lead to inadvertent plagiarism and ethical concerns. Function and
Significance of Citation:
 1. Verification Function:
 Citations enable readers to validate claims and verify information
 Intentional or unintentional distortion can be identified through citations.
 2. Acknowledgment Function:
 Researchers receive credit through citations, influencing their reputation.
 Citations play a role in obtaining research funding and career advancement.
 3. Documentation Function:
 Citations document the progress and evolution of scientific concepts over time.
 Proper Attribution and Citation:
 Authors must provide complete details about cited sources.

 Materials that can be cited include journal papers, conference proceedings, books, theses,
websites, etc.
 Citing at the end of a sentence or paragraph with accurate details is crucial.
Functions of Citation in Academic Writing:
• In-text Citation: Used exactly where a source is quoted or paraphrased.
• References: Listing all cited sources in a separate section, providing comprehensive

information.
Use of Citation Styles:
• Citation styles dictate the order and layout of citation elements.
• Consistency within a chosen citation style is crucial for maintaining clarity and
Professionalism.
Legal Implications and Ethical Concerns:
• Failure to cite may lead to accusations of plagiarism and intellectual property infringement.
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• Authors have a responsibility to give credit and avoid misrepresentation.
Citation Pitfalls to Avoid:
• Spurious Citations: Including unnecessary citations adds no value and wastes readers' time.
• Biased Citations: Citing selectively or based on personal affiliations compromises

objectivity.
• Self-Citations: Self-citation is acceptable when relevant but can be problematic if done

excessively or irrelevantly.
• Coercive Citations: Manipulating citations for journal impact factors undermines

ethical practices.
Maintaining the Balance:
 Authors must strike a balance between too few and too many citations.
• Giving credit whenever due, even for one's own work, ensures ethical citation practices.
Citations, referencing, and ethical considerations are essential pillars of academic writing. They uphold
research integrity, credit original authors, and foster transparent scholarly communication. By
following proper citation practices and avoiding common pitfalls, authors contribute to the
advancement of knowledge and the credibility of their work.
Impact of Title and Keywords on Citations:
The citation rate of research papers is influenced by a variety of factors, including the significance of the
journal, publication types, research area, and the impact of the research itself. However, certain attributes
of the paper, such as the title and keywords, also play a crucial role in determining its citation count.
Title's Importance and Impact:
The title is a key factor in attracting readers and conveying the paper's subject.
• A well-crafted title is informative, attention-grabbing, and aids in marketing the paper.
• The title influences the paper's visibility during literature searches and contributes to its
traceability.
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Title Characteristics and Citation Rates:
1. Title Length:
• Longer titles tend to have a positive impact on the number of citations.
• Longer titles often include methodological details or results, attracting more attention.
2. Types of Titles:
• Question-type titles may attract more downloads but are poorly cited.
• Descriptive or declarative titles are generally more effective in garnering citations.
• Titles containing a question mark or reference to a specific geographical region may result in
lower citation rates.
3. Keywords in Titles:
• Titles with at least two keywords increase the chances of discovery, reading, and citation.
• Keywords in titles assist in categorizing the research and directing it to the relevant
audience.
Studies on Title Characteristics and Citations:
1. Stremersch et al.:
Analyzed papers published from 1990 to 2002.
Found a positive relationship between title length and citation count.
2. Sagi and Yechiam:
Discovered that highly amusing titles have fewer citations. Pleasant titles showed no significant
relation with citations.
3. Jacques and Sebire:
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Analyzed titles of highly cited and least cited papers. Strong association between title length
and citation rates.
4. Jamali and Nikzad:
Articles with question-type titles are downloaded more but poorly cited. Declarative titles are
less downloaded and cited compared to descriptive titles.
5. Habibzadeh and Yadollahie:
Longer titles are associated with higher citation rates.Longer titles often include study
methodology and detailed results.
Keywords and their Role:
• Keywords provide essential information about the paper's content.
• Search engines, indexing services, and digital libraries use keywords to categorize
research topics.
• Keywords ensure the paper reaches the relevant audience and enhances visibility.
Importance of Keywords in Citations:
• Using the maximum allowable keywords increases the likelihood of the paper being found.
• Overuse of new keywords should be avoided to maintain familiarity within the research
community.
The citation rate of research papers is influenced by a multitude of factors, including the paper's title and
keywords. Crafting an informative and attention-grabbing title, incorporating relevant keywords, and
following established trends in title characteristics can positively impact the visibility, readership, and
ultimately the citation count of a research paper.
Knowledge Flow Through Citation
38
Knowledge flows are crucial in the research community, facilitating the creation and dissemination of
new knowledge. Various forms of communication, including verbal exchanges, written documents,
videos, audio recordings, and images, contribute to the spread of knowledge. In the realm of engineering
research, knowledge flow is primarily observed through books, theses, articles, patents, and reports.
Importance of Citing Sources:
• Citing sources is integral to the transmission of knowledge from existing work to new
innovations.
• It is a way to acknowledge and reference the work that contributes to one's research.
• Proper citation establishes a network of connections between research papers, allowing the flow
of knowledge from previous research to current studies.
Citation Network and Knowledge Flow:
• Knowledge flow occurs through citation networks, connecting different elements of

research.
• When one paper (A) is cited by another paper (B), knowledge is disseminated across
institutions and researchers.
• Figure 3.1 illustrates the relationship between citations, knowledge flow, researchers,
papers, journal publications, conferences, and institutions.
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3.1 Citation-based knowledge flow
Role of Collaboration in Knowledge Flow:
• Interdisciplinary research promotes collaboration among scholars.
• Collaborative research enhances the quality of work and encourages knowledge exchange.
• Sooryamoorthy's study examined the citation impact of South African publications,

highlighting those co-authored papers received more citations than single-author papers.
• The number of authors had a positive correlation with the number of citations.
Knowledge flow is essential in the research community and takes various forms of communication.
Properly citing sources establishes a network of knowledge dissemination, enabling researchers to build
upon existing work and contribute to the advancement of their respective fields. Collaboration among
scholars further enhances knowledge flow, contributing to higher quality research and increased citation
impact.
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Figure 3.2 shows the relationship between integration and different fonts. For X and Y sentences,
consider three articles (X, Y, and Z) and five documents (X1, X2, X3, Y1 and Y2), respectively. A, B,
and C are authors of article X, and D, E, F, G, and A are authors of article Y. Article Z has two authors,
H and E.
The authors of reference X1, X2, X3, Y1 and Y2 are (A, P), (H, R), (D), (Q, B, F) and (R), respectively.
According to the corresponding author, documents X1 and Y1 are considered self-quoted; The use of X3
is a level 1 author citation because the author of article Y is a direct collaborator of author A and the
reference X2 is level 1. Quotation. Since the author network is a partner of E co-operating with author
A, H.
3.2 Co-authorship network
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Citing Datasets
In modern engineering research, data plays a crucial role in substantiating claims, providing
experimental evidence, and enabling scientific advancement. Just as research articles are cited, data
citations also deserve proper credit and recognition for their role in supporting research claims.
Significance of Data Citations:
Engineering research heavily relies on data to validate hypotheses and conclusions.
• Data citations are essential for giving credit and legal attribution to the creators of datasets.
• Proper data citations enable other researchers to access and utilize the same datasets for their
own work.
Challenges in Data Ownership:
• Ownership of data can be complex, especially with large datasets involving multiple
contributors.
• Funding sources and agreements can complicate data ownership and usage permissions.
License and capacity:
• Researchers must obtain the appropriate license to use data from a particular source.
• Submitted documents must contain clear information so that readers can find and access the
original document in the future, even through a direct link.
Balance general and specific information:
• Effective information balances general information with specific information.
• Reports should contain sufficient background information to allow readers to confidently

identify the information they are looking for.
Adaptability of the citation style:
• Unlike a specific citation style, which is suitable for all types of documents, it needs to be
flexible due to the variety of documents.
• Evidence should be suitable for different formats, storage locations and locations.
In the rapid evolution of engineering research, data has become an essential part of supporting claims
and conclusions. Just as research papers are accurately described, references should give credibility and
legitimacy to the creator of the dataset. Ensuring appropriate licensing, providing comprehensive
42
information, and managing changes to the registry are critical to understanding the important role of
information in technology advancing engineering knowledge.
Examples:
1. Historical data, Sotavento (wind farm), Corunna, Spain (July 2016): [Accessed: October 4, 2016]
Retrieved from: http://www.sotaventogalicia.com/en/real-time -
data/History
1. Deb, D (2016). [Personnel Survey]. Unpublished raw data.
2. Citation Styles
3. Citation styles differ in the order and grammar of the material cited, with an emphasis on
brevity, readability, date, spelling, and publication. Some of the most common citation formats
used by engineers (and other authors) are:
4. 1. ASCE format (American Society of Civil Engineers)
5. (a) Reference list: this section should be included in the book. At the end of an article or guide,
or in space. A model for the same example is given below:
(b) Books or articles written in books: The following sections will be placed after
the words pertaining to the internal work:
(b) In-text citation for journals or books: The following part is to be placed right
after the reference to the source of the citation assignment:
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2. IEEE style (Institute of Electrical and Electronics Engineers)3 IEEE style is standard for all IEEE
journals and magazines, and is frequently used for papers and articles in the fields of electrical engineering
and computer science. The IEEE style requires endnotes and that references be cited numerically in the
text.
Those submitting to an IEEE publication should see guidelines for the specific journal or magazine and
may also refer to the complete IEEE editorial style manual. Some examples of IEEE styles of citations for
different types of sources are enumerated below.
These can be shown at the end of the text or in footnotes if there are no specific instructions for
publication.
3. ASME style (The Association of Mechanical Engineers)
Acknowledgments and Attributions
Acknowledgment is the practice of recognizing the person or organization responsible for producing the
research published in a particular article. Accreditation demonstrates the relationship between people,
organizations, institutions and science. In some cases, an individual may assist with research but may not
be eligible to be listed as an author. Such cooperation should be regarded as gratitude.
Group recognition leads to many factors such as spiritual, financial, correctional, office or business and
provides strategic support Recognition and recognition on social media is also very important, leave
newsletters or meetings. Providing the right recognition at the right time is very important, and even a
small contribution should not be overlooked. Researchers should always be aware of the interests of
others. Whenever possible, authors should provide the names, or even the names, of people who
may be responsible for the design, creation, operation or other achievement. Considering the
importance of the printing press, writing is also important.
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The award triangle shows the relationship between articles, acknowledgments, and authors. Recognition
in engineering research; It is for professionals, students, funding agencies, accountants, schools, or
anyone who provides research ideas, shares results without publication, does not provide material, or
participates in discussions.
What Should Be Acknowledged?
Acknowledgments in engineering research play a crucial role in giving credit where it's due and
maintaining ethical research practices. Authors must recognize various contributions and support that
enable their research efforts.
Types of Contributions to Acknowledge:
1. Quotation:
• Direct quotations are rarely used in technical writing.
• Direct quotations must be enclosed in quotation marks and attributed properly.
• Indirect quotations (paraphrasing) should be acknowledged with name and date.
2. Scientific and Technical Guidance:
• Acknowledge individuals who provided scientific or technical guidance.
• Include those who engaged in discussions or shared valuable information.
3. Assistants, Students, and Technicians:
• Acknowledge those who contributed experimentally and theoretically.
• Mention individuals who assisted in conducting experiments or theoretical analyses.
4. Funding Agencies:
• Acknowledge funding agencies and grant numbers if the research was supported by
grants.
• Provide full details of the funding program.
5. Facilities and Organizations:
• Acknowledge centers or organizations that provided services or facilities.
• If not formally affiliated, acknowledge external support received.
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6. Presentation Elsewhere:
• If results were presented elsewhere (journals, meetings, symposia), acknowledge

appropriately.
• Provide citations for abstracts or relevant gatherings.
Ethical and Professional Importance:
• Acknowledgments demonstrate integrity and ethical behavior in research.
• Encourages continued collaboration from individuals who contributed.
Compliance and Funding Requirements:
• Funding agencies often require acknowledgment of their support in publications.
Ensure compliance with funding terms and conditions for proper acknowledgment.
• Failure to acknowledge funding might lead to discontinuation of funding or future

ineligibility.
Professional Impact and Collaboration:
• Acknowledgment is no longer just an expression of gratitude; it's a professional impact indicator.
• Proper acknowledgment strengthens colleagues' careers and builds collaboration.
Acknowledge contributions, support, and funding appropriately in engineering research. Proper

acknowledgment demonstrates ethical conduct, encourages collaboration, and complies with funding
requirements. By attributing ideas and contributions, authors uphold research integrity and foster a
culture of ethical and transparent scientific communication.
An example of acknowledgment of grant received is as follows:
Acknowledgments in Books/Dissertations
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A disclaimer page is usually added at the beginning of the post/ad, just after the Content. These
acknowledgments are longer than a paragraph or two in a journal or conference article. This detailed
acknowledgment allows researchers to thank everyone who contributed to the success of the research
project. The views that need to be recognized should be given good attention in this order. In general,
express your interest clearly and avoid using emotional words.
These recognitions usually recognize the following persons: first advisor, second advisor, laboratory
staff, other department staff, staff assistants or assistants in the department, colleagues from other
departments, other organizations or associations, former students, relatives and friends.
Dedication or Acknowledgments?
Dedication is rarely used in written documents, meetings, or patents; used only for large documents such
as a book, article, or article report. While special appreciation is given to those who help the book in
some way (editing, moral support, etc.), the dedication is to the author who wants to give it, whether it's
the author's mother or the best people. A friend, a pet dog, or God Almighty. Yes, it's nice to give
something to someone while they're still talking about it. For example, a person might give a book to
their spouse but acknowledge her honesty and patience during times of great stress.
If there are any concerns that the provision of the information provided in acknowledgment may
compromise the anonymity dependent on the peer review policy of a particular journal or conference
proceedings, the author(s) may withhold the acknowledgment information until the submission of the final
accepted manuscript. Many technical journals explicitly discourage authors to thank the reviewers in their
article submissions. This could be construed as favoritism or an attempt to encourage reviewers to accept
their manuscript for reasons other than scientific merit.
(iv) Acknowledging that results have been presented elsewhere: If the results were presented as an abstract
in a journal, then there should be a suitable citation. If the results were presented as part of scientific
meeting, symposium, or other gathering, then some relevant information should be provided. At the very
least, the name of the gathering and year should be cited. Other helpful items include the location of the
gathering (city and state or country) and the full date of the occasion.
By acknowledging all help received in one‘s research work, the author(s) demonstrate integrity as a
researcher, which in turn encourages continued collaboration from those who helped out in different ways.
47
One may also appropriately bolster one‘s colleagues‘ careers, as being credited in an acknowledgment
section is emerging as one of many ways a researcher‘s professional impact is evaluated.
Acknowledgment is no longer simply a means of expressing gratitude. Funding agencies these days often
require that their grant be acknowledged and explicitly state the exact information to be provided if the
research work leads to a publication. The grantee is responsible for assuring that an acknowledgment of
support is made in any publication (including websites) of any direct or indirect outcomes from the funded
project. The format of required information is often explicitly stated in the terms and conditions of grants
provided. Acknowledgments are also appropriate in technical presentations. Failure to acknowledge
funding may result in the discontinuation of current funding and/or ineligibility to receive future funding
for a certain number of years or indefinitely.
Unless the information can be considered ―common knowledge, proper attribution of an idea, algorithm,
computational methodology, or experimental design is required even if a journal operates with double-
blind review.
Acknowledgments in Books/Dissertations:
A page of acknowledgments is usually included at the beginning of a thesis/dissertation immediately
following the table of contents. These acknowledgments are longer than the one or two sentence
statements in journal papers or articles in conference proceedings. These detailed acknowledgments
enable the researcher to thank all those who have contributed in completion of the research work. Careful
thought needs to be given concerning those whose inputs are to be acknowledged and in what order.
Generally, one should express appreciation in a concise manner and avoid emotive language. The
following are often acknowledged in these types of
acknowledgments: main supervisor, second supervisor, peers in the lab, other academic staff in the
department, technical or support staff in the department, colleagues from other departments, other
institutions, or organizations, former students, family,and friends.
Sample Acknowledgement:
Dedication or Acknowledgments?
Dedication is almost never used in a journal paper, an article in a conference proceedings, or a patent, and
it is used exclusively in larger documents like books, , or dissertations. While acknowledgments are
reserved for those who helped out with the book in some way or another (editing, moral support, etc), a
48
dedication is to whomever the author would like it to be dedicated to, whether it is the author‘s mother, the
best friend, the pet dog, or Almighty God. And yes, it is possible to dedicate something to someone while
also mentioning them in the acknowledgments.
For example, one may dedicate a book to one‘s spouse, but acknowledge them for being the moral support
and putting up with when one got very stressed.
The acknowledgments in technical books can be sometimes as brief as the ones in journal articles. The
acknowledgment section of a technical report may be a paragraph that is longer than a journal paper but
shorter than dissertations. Generally, the length of the acknowledgment may have some correlation with
the length of the document.
Summary:
Citation is a specific form of attribution, but attribution itself can be done in many different ways.
For engineers, citation is very useful to their careers due to the prevailing publish or perish environment.
Proper citation and reference:
• Gives credit and respect to the original author(s).
• Allows readers to find the original source(s).
• Strengthens the credibility of your report. If a researcher does not cite the sources,it is plagiarism.
Plagiarism is using another person‘s ideas without giving credit or citation and is an intellectual theft.
Plagiarism comes in varying degrees, and there are serious consequences for a researcher if caught
plagiarizing. All academic and industrial research organizations have integrity and misconduct policies.
Even past one‘s time at a research organization, evidence of plagiarism can affect the integrity and
credibility and can also retrospectively make an earned degree null and void.
49
MODULE-III
Building Intellectual Property Rights, Law of Patents, Fundamentals of Patent Law - Evolution of
the patent system, Patentability requirements; Patentable Subject Matter; Industrial
Applicability/Utility; Novelty; Anticipation by publication; Anticipation by public knowledge and
public use; Anticipation by public display; Anticipation by sale; Inventive Step/Non-Obviousness;
Novelty Assessment; Inventive Step Assessment; Specification, Drafting of A Patent Specification
- Introduction Patent Specification; Provisional Specification Complete Specification, Parts of the
complete specification; Patent Procedure in India - PATENT PROCEDURE; Registration and
Renewal fee payment; Patent Infringement - Infringement of a patent; Literal Infringement;
Equivalence Infringement; Indirect Infringement; Defenses - Experiment - Research or Education -
Bolar Exemption- Government use- Patent Exhaustion- Patent Misuse- Inequitable Conduct -
Remedies- Injunction- Account of profits- Costs; International Patent Regimes - International
Instruments; Paris Convention; TRIPS AGREEMENT; PCT; BUDAPEST TREATY, Patenting
Biotechnology Inventions - Unique nature of Biotechnology; Patentability Requirements and
Biotechnology Inventions; Patentable Subject Matter- USA- Europe- India; Patentability of
Software Inventions - Patentability of Software Inventions in USA; Patentability of software
inventions in Europe; Patentability of Software Inventions in India.
Text book referred: Dipankar Deb, Rajeeb Dey, Valentina E. Balas ―Engineering Research
Methodology‖, ISSN 1868-4394 ISSN 1868-4408 (electronic), Intelligent Systems Reference
Library, ISBN 978-981-13-2946-3 ISBN 978-981-13-2947-0 (eBook), https://doi.org/10.1007/978-
981-13-2947-0
Other references: Internet; Chatgpt and Bard,
https://www.wipo.int/patents/en/#:~:text=In%20principle%2C%20the%20patent%2
0owner,without%20the%20patent%20owner's%20consent,
https://ipindia.gov.in/writereaddata/Portal/ev/sections-index.html
Building Intellectual Property Rights
Researchers should be aware of intellectual property rights created during research work. This helps
develop the maker's mindset. Researchers are required to have basicknowledge of patent law.
Intellectual property (IP) is the term used to refer to non-commercial assets derived from human
intelligence, creativity and imagination, but often intangible. A
patent is a special right granted to an invention that is a product or method, usually providing a new way
of doing something or a new solution to a problem for that matter.
In order to obtain a patent, the information regarding the invention must be disclosed to the public in the
patent application.
The major types of IP are:
1. Trademarks: A trademark is a sign that suitably differentiates the owner‘s goods or services from
50
those of others.
Patents: A patent is a legal document that gives its owner the exclusive right to manufacture a product
or manufacture it in any form in a limited area and for a limited period of time, preventing interested
parties from producing, using or selling a product. present invention. Theoretically, applicants (or
inventors) can create patent applications, but in practice, patent attorneys and researchers work together
to write those applications, providing procedures and complex procedures.
2. Industrial Designs: Design protection relates to some specific beautiful images related to products
whose work the owner may want to protect.
3. Copyright: Copyright is a right vested in the owner or creator of the publication and distribution of
text, music, images or other works. Copyright also applies to content such as software, data files and
related information.
Copyright does not always require registration with a government agency. The rest of the intellectual
property must be approved and registered by government agencies in order to be recognized and
managed.
Examples:
Trademarks:
Brand names: Apple, Nike, Coca-Cola

Product names: iPhone, Air Jordan, Coke
Company logos: Golden Arches (McDonald's), Nike swoosh, Apple logo
Slogans: Just Do It (Nike), Think Different (Apple), I'm Lovin' It (McDonald's)
Patents:
New inventions: The light bulb, the telephone, the computer

New processes: The manufacturing process for a new drug, the method for creating a new
type of solar cell
New designs: The design of a new car, the design of a new computer chip
Industrial designs:
The shape of a product: The shape of a Coca-Cola bottle, the shape of aSamsung
Galaxy phone
The pattern on a product: The pattern on a Tiffany & Co. necklace, the pattern on a Nike sneaker
The color scheme of a product: The color scheme of a Target store, the color scheme of a
Starbucks coffee cup
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Copyrights:
Literary works: Books, poems, scripts, musical pieces

Artistic works: Paintings, sculptures, photographs, movies
Software programs: Computer software, video games
Technical works: Engineering drawings, architectural plans
Law of Patents:
The law of patents refers to the legal framework that governs the protection and enforcement of
intellectual property rights for inventions. Patents are exclusive rights granted by a government to
inventors, allowing them to exclude others from making, using, selling, or importing their patented
inventions for a specified period of time. This exclusivity is provided in exchange for the public
disclosure of the invention's details, which contributes to the advancement of technology and
knowledge.
Key aspects of patent law include:
1. Eligibility Criteria: Not all inventions are eligible for patent protection. Generally, an invention
must be novel, non-obvious, and useful to qualify for a patent. It should also fall within the scope
of patentable subject matter, which typically includes new and useful processes, machines,
manufactures, or compositions of matter.
2. Application Process: To obtain a patent, an inventor must file a patent application with the
relevant government patent office. This application includes a detailed description of the
invention, often accompanied by drawings or diagrams. The application is examined by patent
examiners to determine whether it meets the patentability criteria.
3. Granting of Patents: If the patent office determines that the invention meets the necessary criteria,
a patent is granted. This means that the inventor gains exclusive rights to the invention for a
specific period, typically around 20 yearsfrom the filing date of the patent application.
4. Enforcement: Patents provide the owner with the legal right to prevent others from using, making,
selling, or importing the patented invention without permission. If someone infringes on a patent
owner's rights, the patent owner can take legal action to seek remedies, such as injunctions and
damages.
5. Licensing and Transfer: Patent owners can license their patents to others, allowing them to use
the invention under certain terms and conditions. Patents can also be sold or transferred to other
parties, providing the new owner with the rights to enforce the patent.
6. International Protection: While patents are typically granted by individual countries,
international agreements like the Patent Cooperation Treaty (PCT) facilitate a unified
application process across multiple countries. The World Intellectual Property Organization
(WIPO) also plays a significant role in harmonizing patent practices globally.
7. Challenges and Litigation: Patent disputes can arise if there are questions about the validity of a
52
patent, or if someone believes that their invention is not infringing on a patented invention.
Patent litigation involves legal proceedings to resolve these disputes.
8. Patent Infringement: Patent infringement occurs when someone uses, manufactures, sells or
imports a patented invention without permission. Patent owners can take legal action against
infringers to protect their rights.
Fundamentals of Patent Law - Evolution of the

patent system
Intellectual property (IP) rights are governed by national laws that comply with the Agreement on Trade
in Intellectual Property Rights (TRIPS Agreement)1 for members of the World Trade Organization
(WTO). The TRIPS Agreement defines the purpose of intellectual property in Article 7 Amended
Article 7: Protection and enforcement of intellectual property rights will lead to the development,
transfer and dissemination of technology and the promotion of the interests of technology producers and
users. Knowledge of health and well-beingbenefits and equality of rights and obligations.
Challenges India faces under the TRIPS Agreement. The TRIPS Agreement is an international
agreement that sets minimum standards for the protection of intellectual property rights. India is a member
of the World Trade Organization (WTO), which means it must abide by the TRIPS agreement.
However, India faces some difficulties in implementing the TRIPS agreement as its law does not
explicitly recognize intellectual property rights. On the other hand, the constitution in the United States
recognized the progress and advancement of science and art, and made special provisions for writers and
inventors. Constitution of India does not explicitly recognize intellectual property rights but guarantees
intellectual property rights.
This means that patents are considered "property" and therefore protected by the Constitution. However,
the constitution also contains a section on the application of state law, which, although not valid, is an
important guide for the government. These principles include improving public health, reducing
inequalities, and enabling processes to ensure good ownership and control of resources. These principles
can be considered as limitations of intellectual property rights and can be used to justify laws that limit
intellectual property right to public health or well- being. In India, for example, there is a licensing law
that allows the government to issue licenses to manufacture patented drugs without the patent owner's
consent if necessary to protect public health testing.
The history of the Indian patent system reflects three distinct periods: the colonial period, the post-
independence period, and the globalization period. Colonization. India got its patent from the time of
British rule. Following the end of British colonial rule in India, the Indian Patents and Designs Act of
1911 came into effect and established a patent management system in India with the establishment of an
administrative office with the Director General of Patents and Designs.
53
After independence. India adopted its first constitution in 1970. The Constitution was designed to tackle
the problem of creating two committees to make recommendations: the Bakshi Tekchand Committee in
1949 and then Judge Rajagopal Ayyangar. The recommendations of these two groups led to major
changes in patent law in response to India's unique economic situation. Some of the major changes relate
to food and drug patents, licensing requirements and other requirements. Enacted in 1970, the law was
recognized as promoting various industries, including the pharmaceutical industry, which gave India the
title of 'Pharmaceutical Center of the World' within two decades as Indian pharmaceutical companies
began exporting cheap drugs to many countries. People globalization. It renounced Indian trade in 1991
and adhered to the General Agreement on Tariffs and Trade (GATT 1947), which was later implemented
by the World Trade Organization and changed accordingly to the TRIPS agreement. These reforms
brought significant changes in India allowing product patents for food, pharmaceuticals and
agrochemicals. The changes to the TRIPS agreement seek to strike the balance: not forcing the closure of
existing trade, but to gradually adjust for reforms. Chemical and pharmaceutical patent laws, patentability
and other aspects of change have been repeatedly tested in court and found to be contained in law during
the implementation of the TRIPS agreement.
The Supreme Court's decision in Novartis v. Union of India affirmed the need to limit the "always
renewal" of patents, while also recognizing the need to provide patent protection for increased
innovation. Following Novartis, Indian courts have also issued interim orders to protect patent holders'
rights in the manufacture of pharmaceuticals and agrochemicals. 10 The Court has also protected the
exemplary patent (SEP) claims by issuing an interim injunction in order to ensure that the right holders
can benefit even during the trial. Courts have granted permanent injunction and compensation (amount)
in patent infringement cases, and also rejected interim injunctions in appropriate cases. Each case is
considered under certain circumstances based on established law. The current review of the decision
shows that there is no bias in favor of or against the patent owner in the patent lawsuit decision.
Note: Novartis v. Union of India
Novartis v. The Union of India is an important decision of the Supreme Court of India regarding the
patentability of medicines. The document relates to Novartis' patent application for the β-crystal form of
imatinibmesylate, the active ingredient of the antiviral drug Gleevec.
Novartis argued that the β-crystal form of imatinib mesylate is a new invention and is patentable under
Indian patent law. However, the Indian Patent Office rejected the patent application, arguing that the
beta form of imatinib mesylate is not a new invention because it is just a new form of a known product.
Novartis appealed the Indian Patent Office's decision to the Intellectual Property Appeals Board (IPAB),
which overturned the Patent Office's decision. The IPAB determined that the beta form of imatinib
mesylate is a new invention but cannot be patented because it has no better treatment than the known
form of imatinib mesylate.
Novartis appealed the IPAB's decision in the Supreme Court of India. The High Court upheld the IPAB's
decision that the β-crystal form of imatinib mesylate cannot be patented under Section 3(d) of the Indian
Patent Act. Section 3(d) of the Patent Law states that a new form of a known product cannot be patented
unless it "improves performance" over the known product.
Novartis v. The Indian Association is a major victory for public health advocates who argue that
54
patenting incremental changes in medicine can hinder innovation and make essential medicines
worthless. The decision also set an important precedent for the interpretation of Section 3(d) of the
Indian Patent Law; this could also have implications for future pharmaceutical patent applications.
Patentability Requirements
The patentability requirements are the criteria that an invention must meet in order to be eligible for
patent protection. These requirements vary slightly from one jurisdiction to another but generally
include the following key criteria: Novelty: An invention must be new and not part of the prior art. This
means that the invention cannot have been publicly disclosed, published, or known anywhere in the
world before the filing date of the patent application.
Non-Obviousness (Inventive Step): An invention must involve an inventive step or non-obviousness.
This means that the invention should not be an obvious development from existing knowledge to a
person skilled in the relevant field. If the invention would have been obvious to someone with ordinary
skill in the field, it is notconsidered patentable.
Utility or Industrial Applicability: An invention must have a practical and specific utility. It should
serve a useful purpose and be capable of being made or used in somekind of industry.
Enablement (Sufficiency of Disclosure): The patent application must contain sufficient information to
allow a person skilled in the relevant field to understand and replicate the invention. The description
should provide enough detail for someone to make and use the invention without undue
experimentation.
Subject Matter Eligibility: The invention must fall within the scope of patentable subject matter. Most
jurisdictions allow for the patenting of processes, machines, manufactures, and compositions of matter.
Some jurisdictions have restrictions on abstract ideas, laws of nature, and natural phenomena.
Non-Disclosure: In some jurisdictions, a patent application can be rejected if the invention has been
publicly disclosed more than a certain period before the filing date. This is known as the "novelty grace
period," during which inventors are allowed to disclose their own invention without jeopardizing its
novelty.
No Excluded Categories: Some inventions are explicitly excluded from patent protection, such as
mathematical formulas, mental processes, and methods of doing business that lack a technical aspect.
Written Description and Claims: The patent application should include a written description of the
invention that is clear, concise, and detailed. The claims section defines the scope of the invention for
which patent protection is sought. The claims must be clear and supported by the description.
First-to-File Rule: In many jurisdictions, including the United States, the first person to file a patent
application for a given invention is granted the patent, regardless of who first invented it. This
emphasizes the importance of prompt filing to secure patentrights.
55
Patentable Subject Matter:

Patentable subject matter refers to the types of inventions or creations that are eligible for patent
protection. Not all inventions are considered suitable for patenting, and the criteria for patentable subject
matter can vary between jurisdictions. Generally, patentable subject matter includes:
Processes: New and useful methods, techniques, or processes for performing a particular task or
achieving a specific result. This category often covers manufacturing processes, industrial methods, and
technical procedures.
Machines: Novel and functional devices or apparatuses that perform a specific function or task. This
category encompasses a wide range of mechanical and electronicinventions.
Manufactures: Physical objects that are made by humans and have a specific utility. This category
includes products, devices, and compositions of matter.
Compositions of Matter: Novel chemical compounds, compositions, or mixtures with specific properties
or applications. This includes pharmaceutical compounds,chemical compositions, and new materials.
Articles of Manufacture: Physical objects that are designed or fabricated to perform a particular function
or purpose. This category may include products with innovative designs or specific functional features.
Machines and Apparatuses: Mechanical and electronic devices that perform specific tasks or functions.
This category encompasses a wide range of technological innovations, from complex machines to
simple tools.
Software and Computer-Implemented Inventions: In some jurisdictions, software- related inventions can
be patentable if they involve a technical solution to a technical problem. This can include algorithms,
software processes, and computer systems thatprovide a novel and non-obvious technical solution.
Biotechnological Inventions: Inventions related to living organisms, genetic sequences, genetically
modified organisms, and methods for manipulating biological materials.
It's important to note that not all countries have the same approach to patentable subject matter. Some
jurisdictions, like the United States, have relatively broad criteria for patentable subject matter, allowing
for patents on methods, software, and business processes. Other jurisdictions, like some European
countries, have stricter requirements and may limit patentability to inventions with a technical character
or technical effect.
Additionally, certain subject matter is often excluded from patent protection, regardless of jurisdiction.
This can include abstract ideas, laws of nature, natural phenomena, mathematical formulas, and
methods of doing business that lack a technical aspect.
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Industrial Applicability/Utility in Patents:

Requirement for Patentability: Industrial applicability is one of the key patentability criteria that an
invention must meet to be eligible for patent protection. It ensures that the invention has a practical use
and can be applied in some form of industry or commerce.
Real-World Application: An invention must demonstrate that it serves a useful purpose and provides a
tangible benefit. It should be capable of being manufactured, produced, used, or applied in a way that
offers value to society, the economy, or a specific industry.
Preventing Overly Abstract or Theoretical Inventions: The requirement for industrial applicability
prevents the patenting of mere abstract ideas, theories, or speculative concepts that lack practical
application. It emphasizes the importance of inventions that contribute to technological progress and the
advancement of various industries.
Clear and Specific Utility: The utility requirement demands more than just a theoretical or potential use.
The invention's utility should be specific, well-defined, and capable of being verified by those skilled in
the relevant field.
Examples of Industrial Applicability:
A new chemical compound that can be used as a drug to treat a specific medicalcondition.
A novel manufacturing process that increases efficiency in producing aparticular product.
An innovative software algorithm that improves data processing in a specificapplication.
A new type of material with unique properties that can be used in construction or electronics.
Exclusions and Limitations: Some inventions might not be patentable due to lack of industrial
applicability. For example, laws of nature, abstract ideas, mental processes, and discoveries are typically
excluded from patent protection because they lack practical application.
Balancing Innovation and Public Benefit: The requirement for industrial applicability serves to strike a
balance between rewarding inventors with exclusive rights and ensuring that the granted patents
contribute to technological advancement and economic growth.
Scope of Protection: The patent's claims define the scope of protection granted to the inventor. The
claims should clearly describe the invention's practical application and the specific aspects that are
considered inventive.
It's important to note that the concept of industrial applicability may vary between different countries
and legal systems. Some jurisdictions may have specific guidelines or case law that further define what
constitutes industrial applicability. Additionally, the requirements for utility in other types of intellectual
property, such as trademarksand copyrights, are distinct from the utility requirement in patents.
Novelty in patent [https://www.hkindia.com/news_letter/article/1/Patent%20artile-
1.html#:~:text=The%20concept%20of%20novelty%20in%20patent%20law%20emb
odies%20the%20principle,known%20techniques%2C%20and%20marketed%20pro ducts.]
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1. Novelty in Patent Law:

Imagine you have a fantastic idea for something new that nobody else has thought of. In patent law, we
call this "novelty." It means your idea should be different from anything that's already out there—like
things people have written about, known ways of doing things, and stuff that's already being sold.
When you want to protect your idea with a patent, it has to be new and not something people already
know about. This rule ensures that only really new and unique things get special legal protection.
2. What's Already Known:
Before you apply for a patent, your idea must not have been made public. That means nobody should
have seen it, read about it, or used it before. It should be your own discovery, something that you found
out and others haven't.
3. The Patent Monopoly:
When you get a patent, it's like getting a special key that lets you control your new idea for a while. This
is like a trade-off—you share your invention's details with the world, and in return, you get the
exclusive right to use and profit from it.
4. What's New in India:
In India, for something to be a "new invention," it shouldn't have been made public anywhere before
you applied for the patent. It shouldn't be known in India or anywhere else in the world. It should be
fresh and not part of what's already known as"the state of art."
5. No Copies from Other Patents:
If someone else tried to patent the same thing before you, that won't count against your invention's
novelty. You still have a chance as long as you can show yourinvention's different from theirs.
6. What Makes an Invention Special:
Just making small changes or mixing known things won't work. Your invention needs to do something
new, give new results, or create a better product than before. It should involve real creativity and not just
putting things together.
7. Obviousness:
If your invention is just an easy, common-sense idea that anyone could come up with, it's not enough.
Your invention needs to be more than just the natural next step—it should be inventive and not
something anyone would expect.
8. Keeping Secrets:
Before you apply for a patent, don't tell everyone about your idea. If you do, it might not be considered
new anymore, and you could lose your chance to get a patent.
9. Anticipation and Lack of Novelty:
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If people already knew about your invention before you applied for a patent, it's called "anticipation." If
your invention lacks novelty, it means it's not new anymore.
Anticipation by publication
As per Section 29: Anticipation by previous publication under Chapter 4: Anticipation of the THE
PATENTS ACT, 1970:
These are in the case of an invention claimed in a complete specification
(1) Protection for Old Specifications: If someone claims to have invented something and they describe
it in a document (like a patent application) filed in India before January 1, 1912, we won't say that
someone else's invention is not new just because it'sdescribed in that old document.
(2) Protection for Self-Disclosure or Unauthorized Publication: If someone says they came up with
something and then their description of it gets published without their permission, they can still get a
patent if they can provea few things:
 They or the person they got the idea from didn't want that description published.
 If they found out about the publication before applying for the patent, they applied for the patent
as soon as they reasonably could.
 However, if the invention was already being used or sold in India before they applied for the
patent (except for just trying it out), then this protection doesn'tapply.
3 Priority for the Real Inventor: If a person who actually invented something or got the idea from
them wants to patent it, they can do so even if someone else tried to patent the same thing earlier or
used it without their permission later. This is to make sure that the real inventor gets the priority, and
they're not prevented from getting a patent just because someone else tried to mess with their rights.
Anticipation by public knowledge and public

use after provisional specification
As per Section 23: Anticipation by previous publication under Chapter 4: Anticipationof the THE
PATENTS ACT, 1970:
1. Protection for Earlier Filings:
When someone submits a complete description of their invention (we call it a "complete specification")
as part of a patent application, there's a rule that can help them. If they initially submitted a simpler
description (called a "provisional specification") before, and later on, they provide the complete details,
they get special protection. This rule says that just because some aspects of their invention were used or
talked about by others in India or anywhere else after they submitted the provisional specification but
before the complete one, the authorities can't reject their patent application or take away their granted
patent.
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2. Convention Application Protection:

Sometimes, people apply for patents not just in one country but in multiple countries at once. If someone
applies for a patent in India based on an application they filed in another country (we call it a
"convention application"), they also get special protection. This rule means that even if some parts of
their invention were used or shared with others in India or anywhere else after they filed the application
in that other country but before their Indian application, it won't stop them from getting a patent or
losing the one they got.In simpler words, these rules make sure that if someone initially shared some
information about their invention with others before they completed their patent application, it won't
ruin their chances of getting or keeping a patent. This helps inventors who need time to fully
explain their ideas and still keeps their patent rights safe. Remember, when dealing with legal matters,
it's always a good idea to consult a legal expert to understand the details clearly.
Anticipation by public display

An invention claimed in a complete specification shall not be deemed to have been anticipated by
reason only of
1. Protection for Exhibitions:
Sometimes, inventors want to show off their inventions at big shows or exhibitions, like trade fairs. This
law says that just because they've shown their invention to the public at such an event, it doesn't mean
their invention isn't new anymore.
2. Permission and Display:
If the true inventor or someone who got the idea from them gives permission to show the invention at an
exhibition, it won't count against their patent rights. This means the inventor can still get a patent for the
invention even if it was shown to people at the exhibition.
3. Publication from Exhibitions:
Sometimes, when an invention is displayed at an exhibition, people might write about it or describe it in
publications. This rule says that even if this happens, it won't stop the inventor from getting a patent.
4. Unapproved Use During Exhibition:
If someone uses the invention without permission while it's being displayed at an exhibition, it's not a
problem for the inventor's patent rights as long as they apply for a patent within twelve months after the
exhibition starts.
5. Inventor's Presentations:
If the inventor talks about their invention in front of a learned group or society, or if they let someone
publish information about it, it won't hurt their chances of getting a patent if they apply within twelve
months after the presentation or publication.
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In simple terms, this rule ensures that if inventors showcase their creations at exhibitions, give
presentations, or let others write about their inventions, they still have a chance to protect their invention
with a patent as long as they apply within a year. This gives inventors time to show off their ideas
without losing their patent rights. Always remember to consult a legal expert for detailed understanding
in legal matters.
Anticipation by public working

1. Protection for Public Testing:
Sometimes, inventors or people who want to get a patent for an invention need to test it out to make sure
it works properly. This rule says that even if they test their invention publicly in India within one year
before they formally apply for the patent, it won't stopthem from getting the patent.
2. Testing by Inventor or Others:
If the person who wants the patent or someone connected to them tests the invention publicly, or if
someone else does it with their permission, it's okay as long as it's donefor a reasonable trial.
3. Consent and Reasonable Trial:
If the inventor or someone they're associated with, like the person they got the idea from, lets others try
out the invention publicly for testing, it's fine as long as it's done for a good reason. This reason should
be related to the nature of the invention and it should make sense to do the testing in public.
In simpler terms, this rule makes sure that inventors can test their inventions in publicwithin a year before
applying for a patent without ruining their chances of getting the patent. The testing should be
reasonable and necessary for understanding how well the invention works. Just remember, it's always a
good idea to talk to a legal expert fora clear understanding of legal matters.
Anticipation by sale:
In the context of patents, "anticipation by sale" refers to a situation where an invention has been publicly
sold or made available to the public before a patent application is filed. This concept is important for
determining the novelty of an invention and its eligibility for patent protection. In the Indian patent law
context, anticipation by sale means that if an invention has been sold or made available to the public in
India before the filing date of a patent application, it could affect the novelty of the invention and
potentially prevent the invention from being granted a patent.
In simpler terms:
 If an invention has been sold or made available to the public in India beforesomeone applies
for a patent, it might not be considered new anymore.
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 This could impact the inventor's ability to get a patent for the invention becausepatents are
usually granted for new and unique ideas.
Inventive step/non-obviousness
"Inventive step" or "non-obviousness" is a key criterion in patent law, including the Indian context. It
refers to the requirement that for an invention to be eligible for patent protection, it should not be
obvious to a person skilled in the relevant field of technology. In simpler terms, the invention should not
be something that someone with average knowledge and skills in that field would easily come up with.
In the Indian jurisdiction, the term "inventive step" is used, and it's defined under Section 2(1)(ja) of the
Indian Patents Act, 1970. It states that an invention is considered to involve an inventive step if it's not
obvious to a person skilled in the art,having regard to prior art (existing knowledge or technology) at the
time of filing the patent application.
It involves: Prior Art: This refers to existing knowledge, technologies, or solutions that are publicly
available before the date of your patent application. It's like all the information that's already out there in
your field. Inventive Step: To have an inventive step means that your invention is more than justa small,
logical improvement over what's already known (prior art). It should be something that's not obvious to
someone who's knowledgeable and skilled in that areaof technology.
Not Obvious to Skilled Person: This means that if someone who's an expert in that field wouldn't naturally
and easily think of your invention based on what's already known, then your invention has an inventive
step. Encouraging Real Innovation: The idea behind this requirement is to encourage real innovation.
Patents are given to new and creative ideas that push the boundaries, not just small tweaks that anyone
could easily figure out.
Novelty Assessment:
In the context of Indian Intellectual Property Rights (IPR), specifically patents, the assessment of
novelty is a critical step in determining whether an invention is eligible for patent protection. Novelty
refers to the requirement that the invention must be new and not part of the existing knowledge or prior
art before the date of filing the patent application. The Indian Patents Act, 1970, outlines the criteria for
assessing novelty under Section 2(1)(l) and Section 13 of the Act.
Following are the steps taken to assess novelty in the Indian IPR context:
1. Comparison with Prior Art: Before granting a patent, the patent office examines whether the
invention is already known or disclosed in any form of prior art. Prior art includes everything
that was publicly available before the filing date of the patent application, such as existing
patents, scientific publications, public knowledge, and publicly accessible databases.
2. Evaluation of Claims: The patent office reviews the claims made in the patent application,
which are specific descriptions of what the invention is and how it works. These claims are
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compared with the existing knowledge to determine if any identical or similar inventions have
been disclosed previously.
3. Novelty Criterion: For an invention to be considered novel, it must not havebeen anticipated by
any prior art. This means that the invention should not be already known, used, published, or
described in any form anywhere in theworld before the date of filing the patent application.
4. Global Assessment: The novelty assessment is not limited to just India. It considers prior art
from all over the world. If an invention is already disclosed or used in any country, it may affect
its novelty even if it's not publicly known in India.
5. Grace Period: The Indian Patents Act provides a grace period of one year prior to the filing date
of the application. This means that if the inventor or someone else disclosed the invention
within one year before filing the application, it won't be considered as destroying the novelty of
the invention.
6. Inventive Step and Novelty: The assessment of novelty is closely related to the concept of
"inventive step" or "non-obviousness," which was explained in the previous response. An
invention must not only be new but also involve an inventive step to qualify for a patent.
Inventive Step Assessment

The concept of inventive step focuses on whether the invention involves a non-obvious advancement over
existing knowledge in the field. This assessment prevents the granting of patents for trivial modifications
or obvious developments.
Here's how the assessment of inventive step works in the Indian IPR context:
1. Comparison with Existing Knowledge (Prior Art): The patent office compares the invention's
claims with the existing knowledge in the relevant field before the filing date of the patent
application. This existing knowledge is known as "prior art," which includes publicly available
information like patents,publications, and common knowledge.
2. Non-Obviousness Requirement: An invention must exhibit an "inventive step," which means it
must not be something that a skilled person in the field would have considered obvious to
create based on the prior art. In other words, the invention should involve a level of creativity
and innovation that goes beyond the expected.
3. Person Skilled in the Art: The assessment takes into account what a person skilled in the
relevant field would know and do. If the skilled person would easily come up with the invention
using their regular skills and knowledge, thenthe invention lacks an inventive step.
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4. Combination of Prior Art: The patent office also evaluates whether combining multiple pieces
of prior art could lead to the invention. If the invention is a simple combination of known
elements, it might lack the requiredinventive step.
5. Unexpected Results: If the invention produces results that are surprising or unexpected based
on the prior art, it's more likely to exhibit an inventive step.
6. Innovation beyond Obvious Modifications: The assessment aims to ensure that patents are
granted for innovations that genuinely push the boundaries of knowledge and involve more
than just obvious modifications or incremental improvements.
7. Objective and Subjective Criteria: The assessment involves both an objective analysis of
whether the invention's features were already suggested in the prior art and a subjective
analysis of whether a skilled person would have found the invention obvious.
Specification
"specification" refers to a detailed written description of an invention that an applicant submits as part of a
patent application. The specification is a critical document that explains what the invention is, how it
works, and how it's different from existing technology. It plays a central role in determining the scope
and validity of a patent.
Following are the contents of specifications:
1. Detailed Description: The specification provides a comprehensive explanation of the invention,

including its technical details, components, features, and how it operates. It should be clear
and complete, enabling someone skilled in the relevant field to understand and reproduce the
invention.
2. Claims: Within the specification, there's a section called "claims." Claims are specific
statements that define the boundaries of the invention and what the applicant seeks to protect
with the patent. They outline the unique aspects of the invention that are new and inventive.
3. Importance of Clarity: Clarity and precision are crucial in drafting the specification and claims.
Vague or unclear descriptions can lead to ambiguity in the scope of the patent, potentially
causing legal disputes.
4. Determining Patent Scope: The claims in the specification determine the scope of the patent.
The rights granted by the patent will apply to what is described in the claims. Anything outside
the scope of the claims may not be protected.
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5. Prior Art Search: During the patent examination process, the patent office compares the
specification and claims with existing knowledge (prior art) to assess novelty and inventive
step.
6. Enablement Requirement: The specification must enable a person skilled in the relevant field
to practice the invention based solely on the information provided. In other words, it should be
detailed enough to allow someone to actually make and use the invention without undue
experimentation.
7. Importance for Legal Protection: The specification is not just a technical document; it's a legal
document that defines the invention's boundaries. It's used in patent disputes and litigation to
determine whether someone else's product or technology infringes on the patented invention.
8. Completeness: The specification should be complete and accurate, describing the invention in
sufficient detail to fully capture its unique features and advantages.
Provisional specification
A provisional specification, in the context of patent law, is an initial and preliminary document that
provides a basic description of an invention that an applicant intends to patent. It serves as a temporary
placeholder that outlines the invention's main features and characteristics. The primary purpose of a
provisional specification is to establish a priority date for the invention while giving the applicant
additional time tofurther develop and refine the invention before submitting a complete specification.
Key points about a provisional specification:
1. Basic Description: A provisional specification contains a concise and basic description of the
invention. It highlights the invention's essential features and concepts without going into
extensive technical details.
2. Priority Date: By filing a provisional specification, the applicant secures a priority date, which is
the date that will be considered for assessing novelty and inventive step in the future. This can
be crucial when determining whether theinvention is new compared to existing technology.
3. Temporary Placeholder: The provisional specification doesn't need to include all the intricate
technical details of the invention. It's meant to provide an initial overview, allowing inventors to
file quickly while having more time towork on the invention's complete details.
4. Time Window: Once a provisional specification is filed, the applicant has a time window
(usually twelve months) to submit a complete specification. This allows inventors to refine the
invention, conduct further research, and gather additional information to create a
comprehensive and detailed complete specification.
5. Conversion to Complete Specification: The provisional specification can be converted into a
65
complete specification by adding more detailed information about the invention, including
technical drawings, explanations, and claims. The complete specification forms the basis for
evaluating the patent application.
Flexibility: A provisional specification provides flexibility to inventors, allowing them to establish a
priority date and secure their invention's place in the patent queue while having the chance to gather
more information before finalizing the patent application.
As per the IPR law for the provisional specification:
Provisional Specification:
1. Filing Complete Specification must be done within 12 Months:
 If you file an application for a patent along with a provisional specification (a preliminary
document outlining your invention), you have to submit a complete specification within twelve
months from the application filing date.
 If you don't file the complete specification within this time frame, your application will be
considered abandoned. In other words, it won't move forward for further consideration.
2. Combined Patent for Similar Inventions:

 If you, as the same applicant, file multiple patent applications with provisional specifications for
related inventions, and the inventions are closely related or one is a modification of another,
the Controller (the patent office) can allow you to file just one complete specification for all
those provisional specifications.
 This helps if the related inventions together can be considered as a single largerinvention.
3. Counting Time from Earliest Provisional Specification:
 The time limit of twelve months (as mentioned in the first point) starts from the date of filing of
the earliest provisional specification among the related applications.
Complete specification:
It is a comprehensive and detailed document that provides a full and thorough description of an
invention. It includes all the technical details, components, functionalities, and specific aspects of the
66
invention that an applicant seeks to protect with a patent. A complete specification is a crucial part of a
patent application, as it defines the scope of the invention and outlines the boundaries within which the
patentrights will be granted.
Key points about a complete specification:
1. Comprehensive Description: Unlike a provisional specification, which offers a basic outline of
the invention, a complete specification contains in- depth technical details. It explains the
invention thoroughly, including how it works, its components, and any processes or methods
involved.
2. Claims: One of the most important parts of a complete specification is the claims section. Claims
are precise statements that define what aspects of the invention the applicant seeks to protect.
They outline the novel and inventive features that distinguish the invention from existing
technologies.
3. Novelty and Inventive Step: The complete specification must demonstrate how the invention is
different from prior art (existing knowledge) and how it involves an inventive step or non-
obvious advancement in the relevant field.
4. Enablement Requirement: The specification should be detailed enough to enable a person
skilled in the relevant field to understand and reproduce the invention without undue
experimentation. This ensures that the invention's details are clear and comprehensive.
5. Best Method: The complete specification must also disclose the best method known to the
applicant for performing the invention. This ensures that the patent office and the public have
access to the most effective way to implementthe invention.
6. Abstract: A complete specification includes an abstract, which is a summary of the invention.
The abstract provides a brief overview of what the invention isand its key features.
7. Single Invention or Group of Inventions: The claims in a complete specification relate to a

single invention or a group of inventions that are linkedand share a single inventive concept.
8 Legal Protection Basis: The claims in the complete specification define the scope of the
invention for which the applicant is seeking patent protection. Any technology or product that
falls within the defined scope may be protected by the patent rights.
The deadlines for submitting complete specifications, the possibility of combining related inventions
under one patent, and the flexibility to treat a complete specification as provisional under certain
circumstances are as follows:
Filing Application with Complete Specification:

67
 If you submit an application for a patent and include a specification that seems complete
(contains all the details about your invention), the Controller (patent office) may consider it as a
provisional specification if you request this within twelve months from the application filing
date.
 Treating it as provisional means you'll have more time to refine and finalize your invention
details before it's fully considered for a patent.
Canceling Provisional Specification and Post-

Dating:
 If you initially filed with a provisional specification and later submitted a complete
specification, you can ask the Controller to cancel the provisional specification.
 This can help if your invention evolved significantly between the provisional and complete
stages.
 You can also request to post-date your application to the date you filed the complete
specification.
Patent Procedure in India

The patent procedure in India involves several steps that an inventor or applicant must follow to secure
patent protection for their invention. Here's an overview of the patentprocedure in India:
1. Preparation of Invention: The process begins with conceptualizing and developing an invention.
It's crucial to thoroughly understand the invention's technical details and unique features before
proceeding.
2. Prior Art Search: Before filing a patent application, it's advisable to conduct a prior art search to
ensure that the invention is novel and not already patentedor published.
3. Drafting Provisional Specification: If the invention is in a relatively early stage of development,
the applicant can file a provisional specification. This provides a basic description of the
invention and establishes a priority date.
4. Filing Patent Application: The formal patent application is filed with the Indian Patent Office. It
includes a complete specification that thoroughly describes the invention, including technical
details, drawings, claims, and othernecessary information.
5. Examination Request: After filing the application, the applicant can choose to file a request for
examination. The patent office will not automatically examine the application unless a request
68
is made.
6. Publication: Once the application is in order and accepted, it is published in the official patent
journal. This publication provides public notice of the invention.
7. Examination: If a request for examination was filed, the patent office examines the application
for compliance with patent laws, including novelty, inventive step, and industrial applicability.
The patent office may issue examination reports, and the applicant needs to address any
objections or provide clarifications.
8. Amendments and Responses: The applicant can amend the application or respond to the
examination report within the stipulated time frame to overcome objections raised by the
patent office.
9. Grant or Refusal: If the patent office is satisfied with the application's compliance with patent
laws, the patent is granted. If not, the application may be refused. In case of a refusal, the
applicant can appeal the decision.
10. Post-Grant Opposition: After the grant, third parties have a window to file oppositions against
the granted patent if they believe it doesn't meet patentability criteria.
11. Term and Renewals: A patent is typically granted for a specific term (usually 20 years from the
filing date). Annual renewal fees must be paid to keep the patent in force.
12. Registration and Renewal fee payment [https://ipindia.gov.in/form-and- fees.htm]
13. In India, the registration and renewal of patents involve fees that applicants and patent holders need
to pay to the Indian Patent Office to secure and maintain their patent rights. An overview of the
registration and renewal fee payment process for patents inIndia:
Registration Fees:
1. Filing Fee: The filing fee is the initial fee paid at the time of submitting the patent application.
The fee varies depending on factors such as the applicant's category (individual, small entity, or
other), the type of application (physical or e-filing), and the number of claims. Different fee
structures apply for individuals, small entities, and other entities.
2. Examination Request Fee: If an applicant chooses to request an examination of their patent
application, a separate fee must be paid. This fee is payable after the application is filed and
before the patent office initiates the examination process.
3. Additional Claims Fee: If the patent application contains more than ten claims, an additional
fee is applicable for each claim beyond the tenth one.
4. Request for Expedited Examination: If an applicant wishes to expedite the examination
69
process, an additional fee can be paid to request expedited examination.

Renewal Fees: After a patent is granted, the patent holder (applicant/owner) needs to pay
renewal fees to maintain the patent's validity over its term. These fees are paid annually, starting
from the third year after the patent's grant date. The renewal fees increase with each subsequent
year until the patent's term expires.Renewal fee rates are different for individual inventors, small
entities, and other entities. In general, renewal fees are higher for entities other than individual
inventorsand small entities.
It's important to note that renewal fees must be paid on time; failure to pay them can result in the patent's
expiration and loss of patent rights. If the patent holder misses the payment deadline, there's usually a
grace period during which the fees can be paid with a late fee. Renewal fees are paid annually and
progressively increase as the patent ages. It's crucial to keep track of the due dates for renewal fee
payments and to budget for these fees over the patent's lifespan. The specific fee amounts, payment
methods, and deadlines can change over time due to updates in patent regulations
Infringement of a patent:
In the context of patent law, infringement refers to the unauthorized use, making, selling, or importing
of a patented invention by someone other than the patent holder. There are different types of patent
infringement, including literal infringement, equivalence infringement, and indirect infringement. Let's
break down each type:
Literal Infringement:
Literal infringement occurs when someone directly uses the patented invention without any
modifications or variations that might change the core features described in the patent claims. In other
words, if someone copies the exact elements and characteristics of the patented invention as
described in the patent claims, it can be considered literal infringement. Example: If a patented device
has specific components and functions, and another party makes, uses, or sells an identical device with
the same components and functions, it might be a case of literal infringement.
Equivalence Infringement:
Equivalence infringement refers to situations where an accused product or process does not exactly
match the language of the patent claims but performs substantially the same function in a similar way
and achieves similar results. In other words, it's about determining whether a variation is equivalent to
the claimed invention.
This type of infringement accounts for minor modifications that do not change the essential
functionality or purpose of the invention. Courts analyze factors like the overall function, differences in
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structure or method, and whether the variation was obvious to determine equivalence infringement.
Example: If a patented process involves heating a substance to a certain temperature and another party
uses a different method to achieve the same temperature, it might be considered equivalence
infringement if the overall purpose and effect are similar.
Indirect Infringement:
Indirect infringement occurs when a party contributes to or induces another party to infringe a patent.
There are two types of indirect infringement:
Contributory Infringement: This happens when someone supplies or sells a component, material, or
product that is specially designed for use in an infringing manner. To prove contributory infringement,
it's necessary to establish that thesupplied component is a key part of the infringing process.
Induced Infringement: This occurs when someone intentionally encourages or induces another party to
infringe a patent. The inducer knows or should know that their actionswill lead to infringement.
Example of Contributory Infringement: If a company sells a part that is specifically designed to be used
in an infringing product, they might be held liable for contributoryinfringement.
Example of Induced Infringement: If someone actively encourages others to use a patented process in a
way that infringes the patent, they might be held liable for induced infringement.
Defenses: Defenses in patent law are legal arguments that a defendant can present to counter claims of
patent infringement. Some common defenses include:
 Invalidity: Challenging the validity of the patent by showing that it does notmeet the criteria
for novelty, inventive step, or other requirements.
 Non-Infringement: Asserting that the accused activity does not fall within the scope of the
patent claims, meaning it does not use, make, or sell the patented invention.
 Prior Use: Demonstrating that the defendant was already using the invention before the
patent's filing or priority date.
 Experimental Use: Showing that the accused activity is for research, experimentation, or
educational purposes and not for commercial gain.
 Exhaustion: Arguing that the patent rights have been exhausted when the patented product
was sold to the defendant or others in the distribution chain.
Experiment, Research, or Education: This defense allows individuals or entities to use patented
inventions for experimentation, research, or educational purposes without facing infringement claims. It
acknowledges the importance of advancing scientific knowledge and learning.
Bolar Exemption: The Bolar exemption allows generic drug manufacturers to perform tests and studies
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necessary for regulatory approvals of generic drugs before the expiration of the original drug's patent. It
ensures that the regulatory process is not hindered by patent rights.
Government Use: Governments can use patented inventions without the patent holder's consent for
public interest or national security reasons. However, governments are typically required to provide
reasonable compensation to the patentholder.
Patent Exhaustion: The doctrine of patent exhaustion states that once a patent holder sells a patented
product, they no longer have control over what the buyer does with that specific product. The buyer can
use, sell, or dispose of it without infringing the patent.
Patent Misuse: Patent misuse occurs when a patent holder improperly uses their patent rights to extend
control beyond what's granted by the patent. It can include practices that create an anticompetitive effect
or tie unrelated products together.
Inequitable Conduct: Inequitable conduct refers to deceptive behavior by the patent applicant or
holder during the patent application process. If the applicant intentionally withholds relevant
information from the patent office, the patent may berendered unenforceable.
Remedies: Remedies are legal solutions to address patent infringement and compensate the patent
holder for harm caused by the infringement.
Injunction: An injunction is a court order that prohibits the infringing party from continuing the
infringing activity. Injunctions can be preliminary (temporary) or permanent and can have significant
impact on the infringing party's business.
Account of Profits: The account of profits remedy requires the infringing party to hand over the profits
they earned from the infringing activity. This remedy aims to provide monetary compensation to the
patent holder.
Costs: In a patent infringement case, the losing party may be ordered to pay the prevailing party's legal
costs. This is a way to compensate the successful party for the expenses they incurred while defending
their patent rights.
International Instruments:
In the realm of intellectual property, several international instruments and agreements have been
established to provide a framework for protecting various forms of intellectual property rights, including
patents. These instruments promote harmonization of laws and procedures across different countries,
facilitating global trade and innovation. Here are some key international instruments related to
intellectual property and patents:
1. Paris Convention for the Protection of Industrial Property (1883)
2. Patent Cooperation Treaty (PCT) (1970)
3. World Trade Organization (WTO) Agreement on Trade-Related Aspects ofIntellectual
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Property Rights (TRIPS) (1994)

4. Berne Convention for the Protection of Literary and Artistic Works (1886)
5. Budapest Treaty on the International Recognition of the Deposit ofMicroorganisms for the
Purposes of Patent Procedure (1977)
6. Nairobi Treaty on the Protection of the Olympic Symbol (1981)
7. WIPO Copyright Treaty (WCT) and WIPO Performances and PhonogramsTreaty (WPPT) (1996)
Paris Convention for the Protection of Industrial

Property (1883)
The Paris Convention, established in 1883, is the oldest international agreement focused on protecting
intellectual property (IP) rights. It covers various aspects of industrial property, including patents,
trademarks, industrial designs, and more. It was updated in 1967.
Guiding Principles:
The Convention is built on three main principles:
National Treatment: Every country that's part of the Convention must give foreign inventors and
creators the same level of protection as it gives to its own citizens.
Right of Priority: If someone applies for a patent or design in one Convention country, they get a certain
time period (usually 6 or 12 months) to apply for protection in other Convention countries. This way,
they don't have to apply everywhere at once, makingthe process more flexible.
Uniform Rules: The Convention sets common rules that all member countries have to follow. For
example, patents granted in different countries for the same invention are considered separate, and the
person who invented the thing gets credit in the patent. Also, designs must be protected in each country,
even if the products aren't made there.
Right of Priority in Detail:
Imagine you come up with a new invention, and you apply for a patent in your home country. The Paris
Convention says that for a certain time after that (6 or 12 months), you can apply for patents in other
countries and still be treated like you applied on the same day you applied at home. This gives you time
to decide where else you want protection.
National Treatment:
This means that a person from one Convention country should be treated the same as a person from
another country when it comes to IP protection. If your country is part of the Convention, you can't treat
foreign inventors or creators unfairly.
Uniform Rules:
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The Convention makes sure that certain things are the same across all countries that are part of it. For
example, if you get a patent for your invention in one country, it's not automatically protected in
another. But the Paris Convention says that's okay. It also says that trade names (business names)
should be protected in every country without needing extra paperwork.
World Trade Organization (WTO) Agreement on

Trade-Related Aspects of Intellectual Property
Rights (TRIPS) (1994)
The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) is a significant
international treaty that sets out the minimum standards for the protection of various forms of intellectual
property (IP) rights. It was negotiated under the auspices of the World Trade Organization (WTO) and
came into effect on January 1, 1995. The TRIPS Agreement aims to strike a balance between protecting
IP rights and promoting global trade and innovation. Here's an overview of the key aspects of the TRIPS
Agreement:
1. Scope and Coverage: The TRIPS Agreement covers a wide range of intellectual property rights,
including patents, trademarks, copyrights, trade secrets, geographical indications, and
industrial designs. It sets out the standards for the protection and enforcement of these rights.
2. Minimum Standards: TRIPS establishes minimum standards that member countries must
follow to protect and enforce IP rights. This ensures that all WTO member countries provide a
certain level of IP protection, which promotes consistency and fair treatment for creators and
innovators across different jurisdictions.
3. National Treatment and Most-Favored-Nation Treatment: The TRIPS Agreement requires
member countries to treat foreign IP holders the same way they treat their own citizens or
entities (national treatment). Additionally, member countries must provide the same level of
protection to IP holders fromall other member countries (most-favored-nation treatment).
4. Patents and Pharmaceuticals: TRIPS requires member countries to provide patent protection
for inventions in all fields of technology, including pharmaceuticals. However, there was a
debate about the implications of patent protection on access to affordable medicines,
particularly in developing countries. The Doha Declaration on TRIPS and Public Health
reaffirmed the flexibilities available to member countries to take measures to protect public
health and ensure access to essential medicines.
5. Enforcement: TRIPS sets out rules for the enforcement of IP rights, including civil and criminal
procedures, remedies, and border measures to prevent the import and export of counterfeit or
pirated goods.
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6. Transitional Periods for Developing Countries: Developing countries were given flexibility to
implement the TRIPS Agreement gradually, allowing them time to adjust their laws and systems
to comply with the standards.
7. Dispute Settlement: The WTO's Dispute Settlement Understanding provides mechanisms for
resolving disputes related to TRIPS. This ensures that member countries uphold their obligations
under the Agreement.
8. Technology Transfer: TRIPS recognizes the importance of technology transfer between
developed and developing countries to promote technological development and economic
growth.
9. Public Policy and Flexibilities: The Agreement acknowledges the importance of striking a
balance between IP protection and other public policy objectives, such as public health,
nutrition, and the promotion of cultural diversity.
The TRIPS Agreement represents a significant step in international IP law, aiming to create a level
playing field for intellectual property protection while addressing concerns related to access to essential
goods and technology. It has played a crucial role in shaping global IP standards and fostering
cooperation among WTO member countries.
Patent Cooperation Treaty (PCT) (1970)

The Patent Cooperation Treaty (PCT) is an international treaty that simplifies and streamlines the
process of seeking patent protection in multiple countries. It provides a unified framework for filing a
single international patent application that can be used to seek patent rights in multiple countries or
regions. The PCT is administered by the World Intellectual Property Organization (WIPO) and offers
several key benefits for inventors and applicants. Here's a closer look at the main features of the PCT:
1. Unified Application Process: With the PCT, inventors can file a single international patent
application instead of filing separate applications in each country where they want protection.
This reduces paperwork, administrative burden, and costs associated with filing multiple
national applications.
2. International Search: After filing a PCT application, an international search is conducted by a
recognized international search authority. This search identifies existing inventions (prior art)
related to the claimed invention. The search report provides valuable information for
evaluating the patentability of the invention.
3. International Publication: The PCT application is published by WIPO approximately 18 months
from the priority date (usually the filing date). This publication makes the technical details of
the invention publicly available, promoting transparency and knowledge sharing.
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4. International Preliminary Examination (Optional): Applicants have the option to request an

international preliminary examination. This is a more in-depth examination of the claimed
invention's patentability. While not mandatory, it helps applicants assess the strengths and
weaknesses of their application before entering the national phase.
5. National/Regional Phase: At the end of the PCT process, applicants choose the countries or
regions where they want to pursue patent protection. This is known as the national or regional
phase. Each selected country or region conducts its own examination and grants or denies the
patent based on its national laws.
6. Benefits of the PCT:

 Time Flexibility: The PCT provides an extended period (usually 30 months from the priority
date) for applicants to decide where to seek patent protection, allowing them more time
to assess commercial potential and secure funding.
 Cost Efficiency: Filing a single PCT application is more cost-effective than filing separate
national applications. This allows applicants to defer costs until they have a clearer idea of
where they want protection.
 Improved Patent Strategy: The international search report and preliminary examination
report (if requested) provide insights into patentability, helping applicants refine their
patent strategy before entering the national phase.
7. National Laws Apply: While the PCT simplifies the filing process, patent rights are granted and
enforced based on the laws of individual countries or regions. Applicants need to meet the
requirements of each country's patent office to secure patent protection.
In summary, the Patent Cooperation Treaty offers a streamlined and efficient route for inventors and
applicants to seek patent protection on a global scale. It simplifies the process of filing, searching, and
assessing the patentability of an invention, ultimately contributing to a more effective and strategic
approach to international patent protection.
Budapest Treaty on the International

Recognition of the Deposit of Microorganisms
for the Purposes of Patent Procedure (1977)
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes
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of Patent Procedure, commonly known as the Budapest Treaty, is an international treaty that addresses
the deposit of microorganisms for patent purposes.
It was adopted in Budapest, Hungary, in 1977 and is administered by the World Intellectual Property
Organization (WIPO). The treaty aims to facilitate the patenting of inventions that involve
microorganisms by providing a mechanism for the deposit and access to these microorganisms. Here's
an overview of the key aspects of the Budapest Treaty:
1. Microorganism Deposits: Many inventions, particularly in biotechnology and genetic
engineering, involve the use of microorganisms such as bacteria, yeast, and fungi. These
microorganisms play a crucial role in the development and implementation of various
inventions. The Budapest Treaty addresses the need to deposit these microorganisms to
ensure reproducibility and proper examination of patent applications.
2. Depositary Authorities: The treaty establishes a network of depositary authorities, which are
specialized institutions that accept and store microorganism deposits. These authorities ensure
the safekeeping of the deposited microorganisms and provide access to them for examination
and research purposes.
3. Accession to the Treaty: Countries that are members of the Budapest Treaty ("Contracting
Parties") agree to adhere to its provisions and provide access to microorganism deposits in
their territory. This encourages the harmonization of procedures for microorganism deposits
and access across different countries.
4. Benefits of the Budapest Treaty:

 Facilitates Patenting: The treaty provides a way to satisfy the requirement of disclosing the
biological material necessary for the invention's implementation.
 Promotes Reproducibility: Microorganism deposits ensure that other researchers can
reproduce the invention's results and verify its accuracy.
 Supports Patent Examination: Patent examiners can access deposited microorganisms
to assess the validity and novelty of the invention.
 Saves Time and Resources: Applicants can focus on their patent applications without
the need to provide samples to patent offices or potential infringers.
Designation of Deposits in Patent Applications: Applicants who use microorganisms in their

inventions can fulfill the disclosure requirement by including information about the deposited
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microorganisms in their patent applications. This allows patent examiners and the public to
access the deposited microorganisms to confirm the accuracy of the patent application.
Availability of Samples: The treaty requires depositary authorities to furnish samples of the deposited
microorganisms to anyone who requests them for research and development purposes. This promotes
further innovation andcollaboration in the field of biotechnology.
In summary, the Budapest Treaty addresses the challenges of patenting inventions involving
microorganisms by providing a standardized and organized way to deposit and access these essential
biological materials. It facilitates patent examination, supports transparency, and contributes to the
advancement of biotechnological research and innovation on a global scale.
Patenting Biotechnology Inventions
Unique nature of Biotechnology:
Patenting biotechnology inventions involves a unique set of challenges and considerations due to the
distinctive nature of biotechnology. Biotechnology inventions often involve living organisms, genetic
materials, and complex processes that have a significant impact on various industries, including
medicine, agriculture, and environmental science. Here are some key aspects that highlight the unique
natureof biotechnology and its implications for patenting:
1. Living Organisms and Genetic Information: Biotechnology inventions often relate to living
organisms such as microorganisms, plants, animals, and even human cells. These inventions may
involve genetic modifications, gene sequences, and genetic engineering techniques. Unlike
traditional mechanical or chemical inventions, biotechnology innovations are closely tied to the
geneticmakeup and functioning of living organisms.
2. Complexity and Interdisciplinary: Biotechnology inventions combine knowledge from various
scientific fields, including biology, chemistry, genetics,and engineering. The interdisciplinary nature
of biotechnology inventions makes them inherently complex and challenging to understand and
assess, both for inventors and patent examiners.
3. Ethical and Moral Considerations: Biotechnology raises ethical and moral questions, especially
when it comes to the manipulation of genetic material and the potential for unintended
consequences. Patenting biotechnology inventionsmay involve addressing ethical concerns related
to genetic modification, cloning, and potential misuse of technology.
4. Regulatory Oversight: Many biotechnology inventions are subject to regulatory oversight due
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to concerns about safety, environmental impact, and public health. Obtaining a patent does not
guarantee the right to commercializean invention without adhering to regulatory requirements.
5. Disclosure and Enabling Requirements: Patents require clear and complete disclosure of the
invention's details to enable others skilled in the field to replicate and use the invention. In
biotechnology, this can be challenging, as the intricate details of genetic sequences, molecular
interactions, and cellular processes must be described accurately.
6. Biological Materials and Deposits: Biotechnology inventions often involve the use of biological
materials, such as cell lines, microorganisms, and genetic sequences. The availability and
deposit of these materials play a crucial role in ensuring the reproducibility and validity of the
invention.
7. Overlap with Other Intellectual Property: Biotechnology inventions may also be eligible for
other forms of intellectual property protection, such as plant variety protection, data
exclusivity, and regulatory exclusivities in thepharmaceutical and agrochemical industries.
Global Nature and Cooperation: Biotechnology is a global field withinternational collaboration and
knowledge sharing. Patents granted in one country can impact research and development efforts
in other countries, necessitating coordination and cooperation among patent offices.
Given these unique characteristics, patenting biotechnology inventions requires careful navigation
of legal, scientific, ethical, and regulatory landscapes. Inventors and applicants must work closely
with patent professionals who understand the nuances of biotechnology and can effectively
communicate the technical and legal aspects of the invention to patent examiners and regulatory
authorities. Additionally, they must consider the broader implications of their inventions on
society, ethics, and theenvironment.
Patentability Requirements and Biotechnology

Inventions
Patentability requirements for biotechnology inventions, like all other types of inventions, are designed
to ensure that the granted patents contribute to innovation, promote progress, and strike a balance
between rewarding inventors and fostering public access to knowledge. However, due to the unique
nature of biotechnology, there are specific considerations and challenges related to each of the
patentability requirements. Here's how the standard patentability requirements apply to biotechnology
inventions:
1. Novelty: Biotechnology inventions involve complex genetic sequences, molecular interactions,
and cellular processes. To meet the novelty requirement, a biotechnology invention must be
new and not previously disclosed or made available to the public. The intricacies of genetic
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information and molecular structures make it crucial to provide clear and comprehensive
descriptions of the invention's unique features that distinguish it from prior art.
2. Non-Obviousness (Inventive Step): The non-obviousness requirement poses challenges for
biotechnology due to the interdisciplinary nature of the field and the rapid advancement of
genetic engineering techniques. Biotechnology inventions often combine knowledge from
biology, genetics, chemistry, and engineering. Inventors must demonstrate that their invention
involves an inventive step, meaning it is not obvious to someone skilled in the relevant field.
This requires showing that the invention's innovation goes beyond conventional practices and
combines elements in a non-obvious manner.
3. Industrial Applicability: Biotechnology inventions must have a practical and credible utility or
application to be considered industrially applicable. In the context of biotechnology, this
requirement is often met by demonstrating how the invention can be used for medical
treatments, agricultural improvements, environmental solutions, or other practical purposes.
The application must be more than theoretical; it should show that the invention can be
applied in a real-world context.
4. Adequate Description (Enablement): The enablement requirement necessitates that the
patent application provides enough information for someone skilled in the field to replicate
and use the invention without undue experimentation. In biotechnology, this can be
challenging due to the complexity of genetic sequences and cellular processes. The application
should include detailed descriptions of methods, materials, and experimental data that enable
others to practice the invention.
5. Best Mode: The best mode requirement obliges inventors to disclose the best method known
to them for carrying out the invention. In biotechnology, this includes disclosing the most
effective techniques for modifying genetic sequences, conducting experiments, or achieving
desired outcomes. Failure to disclose the best mode could lead to challenges during patent
enforcement.
6. Unity of Invention: Unity of invention requires that a patent application covers a single
invention or a group of inventions that share a single inventive concept. In biotechnology, this
can apply to multiple aspects of a genetic sequence, a therapeutic method, or an industrial
application. The challenge is to define the common inventive concept among related elements.
Biotechnology inventions often involve cutting-edge research and innovative applications of
genetic information. To meet patentability requirements, biotechnology inventors must carefully
document their work, provide comprehensive explanations, and illustrate how their inventions
contribute to technical progress and practical applications. Consulting with experts in both
biotechnology and patent law can help navigate the complexities and challenges of patenting in
this field.
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Patentable Subject Matter- USA

In the United States, the patent system grants protection to various types of inventions, provided they
meet certain criteria. The patentable subject matter in the U.S. is defined by the U.S. Patent and
Trademark Office (USPTO) and is outlined in Section 101 of the U.S. Patent Act. This section defines
the types of inventions that areeligible for patent protection. Here's an overview of the patentable subject
matter in the U.S.:
Utility Patents:
Utility patents are the most common type of patents granted in the U.S. They cover new and useful
processes, machines, manufactures, or compositions of matter, or any new and useful improvements
thereof. This category includes a wide range of inventions, from mechanical devices and chemical
compounds to software algorithmsand methods of doing business.
Plant Patents:
Plant patents are granted for distinct and new varieties of plants that have been asexually reproduced
(other than by seed). This category includes plants that are unique and have not been found in nature or
previously cultivated.
Design Patents:
Design patents protect the ornamental design or appearance of an article of manufacture. Unlike utility
patents, design patents focus on the visual aesthetics of anobject rather than its functional aspects.
Examples of patentable subject matter within each category include:
Utility Patents: Software algorithms, pharmaceutical compounds, manufacturing processes, medical
devices, electronic circuits, chemical compositions, and methods of doing business (if they have a
practical, tangible application).
Plant Patents: New and distinct varieties of plants that have been asexually reproduced, such as hybrid
roses or fruit trees.
Design Patents: Unique and ornamental designs applied to everyday objects, such as the shape of a
bottle, the design of a smartphone casing, or the pattern on a fabric.
It's important to note that not all inventions are eligible for patent protection. The U.S. patent law excludes
certain subject matters from patentability, such as laws of nature, natural phenomena, abstract ideas, and
purely mental processes. Additionally, inventions must meet the criteria of novelty, non-obviousness,
and utility to be eligiblefor a patent.
In recent years, the interpretation of patentable subject matter has been subject to legal debates and court
decisions. For example, determining whether software-related inventions or medical diagnostic methods
are eligible for patents has been a topic of discussion. The U.S. Supreme Court case of Alice Corp. v.
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CLS Bank International (2014) clarified the standards for patent eligibility for abstract ideas
implemented on a computer.
Overall, patentable subject matter in the U.S. covers a wide array of inventions, reflecting the country's
commitment to encouraging innovation and technological progress across various industries.
Patentable Subject Matter- Europe:

In Europe, patentable subject matter is defined by the European Patent Convention (EPC) and the
interpretation of the Convention by the European Patent Office (EPO). The EPC provides guidelines on
the types of inventions that are eligible for patent protection within the member states of the European
Patent Organization. Here's an overview of patentable subject matter in Europe:
Technical Character: One of the key criteria for patentability in Europe is that the invention must have
a "technical character." This means that the invention must relate to a technical field of knowledge and
have a technical effect. Purely abstract or non-technical ideas, mathematical methods, and business
methods are generally excluded from patent protection if they lacktechnical character.
1. Novelty and Inventive Step: Inventions must also meet the criteria of novelty and inventive
step (non-obviousness) to be patentable. They must be new and involve an inventive step that
is not obvious to a person skilled in the relevant technical field.
2. Exclusions from Patentability: The EPC lists certain subject matters that are explicitly excluded
from patent protection. These include:
 Discoveries, scientific theories, and mathematical methods.
 Aesthetic creations, plans, rules, and methods for performing mental acts.
 Computer programs as such (although technical applications of software can be
patentable).
 Methods of medical treatment of humans or animals.
3. Plant or animal varieties or essentially biological processes for the production of plants or
animals (however, biotechnological inventions can be patented if they meet certain criteria.
4. Biotechnological Inventions: Biotechnological inventions are subject to specific rules and
guidelines. They can be patented if they involve a technical process for producing, modifying,
or using a biological material, and if the invention is new, involves an inventive step, and is
capable of industrial application. Inventions related to genetic engineering, recombinant DNA
technology, and specific applications of biotechnology may be patentable.
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5. Software-Related Inventions: The patentability of software-related inventions in Europe is

assessed based on their technical character and technical effects. If a software invention
provides a technical solution to a technical problem, it may be patentable. However, pure
software algorithms orcomputer programs as such are excluded from patent protection.
6. Business Methods: Business methods are generally not patentable in Europe if they are purely
abstract or do not involve a technical character or effect. However, if a business method
involves a technical solution to a technical problem, it may be eligible for patent protection.
Overall, patentable subject matter in Europe is determined by a combination of technical character,
novelty, inventive step, and industrial applicability. The European Patent Office plays a crucial role in
examining patent applications and ensuring that they meet the established criteria for patentability.
Legal decisions and case law further shape the interpretation of patentable subject matter in the European
context.
Patentable Subject Matter- India

In India, the patentable subject matter is governed by the Indian Patents Act, 1970. The Act outlines the
types of inventions that are eligible for patent protection in the country. Here's an overview of the
patentable subject matter in India:
Novelty and Inventive Step: To be eligible for a patent in India, an invention must be new (novel) and
involve an inventive step. It should not be anticipated by prior knowledge or prior art, and it should
not be obvious to a person skilledin the relevant field. The invention must contribute something new
and non- obvious to the existing body of knowledge.
Industrial Applicability: The invention must be capable of industrial application, meaning it should be
capable of being made or used in an industry.It should have a practical utility and a clear purpose that can
be realized throughits application.
1. Exclusions from Patentability: The Indian Patents Act excludes certain subject matters from patent
protection. These include:
 Inventions that are frivolous or contrary to well-established naturallaws.
 Inventions that would cause harm to humans, animals, or theenvironment.
 Methods of agriculture or horticulture.
 Processes for the medicinal, surgical, curative, prophylactic, diagnostic,therapeutic, or
other treatment of humans or animals.
 Computer programs as such (although technical applications of softwarecan be
patentable).
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 Traditional knowledge and biological resources obtained from Indianbiodiversity.

2. Biotechnological Inventions: Biotechnological inventions can be patented in India if they meet
the criteria of novelty, inventive step, and industrial applicability. This includes inventions
related to microorganisms, recombinant DNA technology, genetically modified organisms, and
other biotechnological processes. However, the Indian Patents Act prohibits the patenting of
traditional knowledge and biological resources obtained from Indian biodiversity.
3. Software-Related Inventions: Similar to many other countries, the patentability of software-
related inventions in India is determined by their technical character and technical effects. If a
software invention provides a technical solution to a technical problem, it may be eligible for
patent protection. However, algorithms and computer programs as such are excluded from
patentability.
4. Business Methods: Business methods are not explicitly mentioned in the listof excluded subject
matters in the Indian Patents Act. However, to be patentable, a business method must meet
the criteria of novelty, inventive step, and industrial applicability. If a business method involves
a novel and non- obvious technical solution to a technical problem, it may be eligible for patent
protection.
5. Overall, the patentable subject matter in India is defined by a combination of novelty, inventive step,
industrial applicability, and exclusions from patentability. The interpretation of these criteria is
shaped by legal decisions and case law in the Indian patent system.
Patentability of Software Inventions in USA

The patentability of software inventions in the United States is a nuanced and evolving area of patent law.
The U.S. Patent and Trademark Office (USPTO) and the courts have developed guidelines and principles
to determine whether software-related inventions are eligible for patent protection. Here's a closer look at
the factors influencing the patentability of software inventions in the USA
Statutory Basis:
The U.S. patent law is governed by 35 U.S.C. §101, which states that "any new and useful process,
machine, manufacture, or composition of matter, or any new and useful improvement thereof" can be
patented. Software inventions are often categorized as processes.
Alice Corp. v. CLS Bank International (2014):
The U.S. Supreme Court's Alice decision established a two-part framework, known as the Alice/Mayo
test, for evaluating whether an invention is eligible for patent protection. The test helps determine if an
invention claims an abstract idea or naturalphenomenon without providing significantly more.
Alice/Mayo Test:
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The Alice/Mayo test involves two steps:

a. Determine whether the claims are directed to a patent-ineligible concept, such as an abstract idea,
natural law, or mathematical formula.
b. If the claims are directed to a patent-ineligible concept, assess whether the claims include an
inventive concept that adds significantly more than the patent-ineligible concept, making the claims
something more than just an abstract idea.
c. Technical Improvement and Practical Application: For software inventions to be eligible for patent
protection, they must offer a technical solution to a technical problem. Demonstrating how the invention
involves a practical application and provides a tangible benefit in a technical field can enhance its
patentability.
d. Specific Implementation and Novelty: Software inventions that are tied to a specific implementation or
novel technical solution are more likely to be considered.
e. patentable. Describing how the software functions in a unique and innovative way can strengthen the case
for patent eligibility.
f. Tangible Outcomes and Concrete Steps: When seeking patent protection for software inventions, it can
be helpful to highlight how the invention produces a tangible outcome or involves concrete steps beyond
just implementing an abstract concept.
g. Integration with Hardware: Linking software inventions to specific hardware components or physical
systems can increase the likelihood of patent eligibility. The integration of software with hardware can
demonstrate a technical application that goes beyond a mere abstract idea.
h. Dependence on Precedent and Case Law: The patentability of software inventions is often influenced by
legal decisions and precedents set by court rulings. Evaluating similar patents and case law can provide
insights into the likelihood of obtaining patent protection.
i. Expert Legal Guidance: Given the evolving nature of patent law, especially in relation to software
inventions, seeking advice from experienced patent attorneys who specialize in software-related patents
is crucial. They can help navigate the complex legal landscape, craft effective patent claims, and
increase the chances of successful patent prosecution.
Patentability of software inventions in Europe:

The patentability of software inventions in Europe is governed by the European Patent Convention (EPC)
and the interpretation of the Convention by the European Patent Office (EPO). While Europe shares
some common principles with the United States regarding the patentability of software, there are certain
distinct factors to consider. Here's an overview of the patentability of software inventions in Europe:
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Technical Character:
Similar to the U.S., software inventions in Europe must have a technical character to be eligible for
patent protection. This means that the invention should involve a technical solution to a technical
problem and go beyond abstract or non-technical ideas.
Aerotel/Macrossan Test:
The European Patent Office has adopted a test known as the Aerotel/Macrossan test, which is used to
assess the patentability of computer-implemented inventions, including software. The test involves
several steps:
a. Identify the contribution of the invention to the known art.
b. Determine whether the contribution has technical character.
c. Assess whether the technical contribution is novel and inventive.
Technical Effect and Technical Contribution:
For a software invention to be patentable in Europe, it should demonstrate a technical effect or a technical
contribution to a technical field. The software should solve a technical problem or improve a technical
process.
Tangible Results and Interaction with Hardware:
Emphasizing the tangible results achieved by the software and its interaction with hardware components
can enhance the case for patentability. Demonstrating how the software affects the operation of a
computer or a technical system can be advantageous.
Programs "as such":
The EPC excludes "programs for computers" from patentability if they are considered as such. This
means that pure software programs, algorithms, and mathematical methods are generally not eligible for
patent protection unless they have a technical character and provide a technical solution.
Technical Steps in the Claims:
When drafting patent claims for software inventions, it's essential to include technical steps that describe
the interaction with hardware or the technical problem solved. Claims that are narrowly focused on
specific technical aspects are more likely to be deemed patentable.
Avoiding Business Methods and Pure Business Concepts:
Europe tends to be more cautious regarding the patentability of business methods and pure business
concepts. If a software invention involves a technical solution applied to a business problem, it may have
a higher chance of being considered patentable.
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Expert Legal Advice:
Given the complexity and evolving nature of software patentability in Europe, consulting with
experienced patent attorneys who are well-versed in European patent law is crucial. They can provide
guidance on drafting patent applications that emphasize technical contributions and navigate the
intricacies of patent prosecution.
Patentability of Software Inventions in India

The patentability of software inventions in India is determined by the Indian Patents Act, 1970, and its
interpretation by the Indian Patent Office and the judiciary. While software inventions can be patented
in India, certain criteria must be met to ensure eligibility. Here's an overview of the patentability of
software inventions in India:
1. Technical Contribution and Novelty: To be eligible for patent protection, a software invention
in India must provide a technical contribution and be novel. The invention should go beyond
abstract ideas or algorithms and offer atangible technical solution to a technical problem.
2. Usefulness and Industrial Applicability: The software invention must demonstrate a practical
application and industrial utility. It should be capable of being used in an industry and provide a
practical benefit.
3. Computer Programs "as such": The Indian Patents Act excludes "computer programs per se"
from patentability. This means that mere computer programs or algorithms without a technical
effect are not eligible for patents. However, if the software is combined with hardware elements
or solvesa technical problem, it may overcome this exclusion.
4. Technical Effect and Concrete Implementation: Emphasizing the technical effect of the
software and its concrete implementation can enhance its patentability. Describing how the
software interacts with hardware componentsor how it improves a technical process strengthens
the case for patent eligibility.
5. Non-Obviousness (Inventive Step): A software invention must involve an inventive step,
meaning it should not be obvious to a person skilled in the relevant technical field. It should
provide an innovative solution that goes beyond what is already known.
6. Section 3(k) Exclusion: Section 3(k) of the Indian Patents Act explicitly excludes mathematical
methods, business methods, computer programs "per se," and algorithms from patentability.
However, software inventions that have a technical effect or technical application are not
automatically excluded underthis section.
7. Drafting Patent Claims: When drafting patent claims for software inventions in India, it's
important to include technical features and specify howthe software interacts with hardware or
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provides a technical solution. Claims that focus on specific technical aspects are more likely to
be considered patentable.
8. Practical Application and Demonstrable Outcome: Highlighting the practical application and
demonstrable outcomes of the software can strengthen its patentability. Showing how the
software improves efficiency, solves a technical challenge, or enhances a technical process can
support the case for patent protection.
9. Expert Legal Guidance: Given the complexities and evolving nature of software patentability in
India, consulting with experienced patent attorneys who are well-versed in Indian patent law is
essential. They can assist in drafting patent applications that align with the legal requirements
and navigate the patent examination process effectively.
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Short Questions and Answers
What is Intellectual Property?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works;
designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn
recognition or financial benefit from what they invent or create. By striking the right balance between the
interests of innovators and the wider public interest, the IP system aims to foster an environment in which
creativity and innovation can flourish.
What are the 4 types of intellectual property rights?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding
how they work and how they are created is critical to knowing how to protect them.
What are 7 components of intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant
variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.
What are patent laws in intellectual property?

In principle, the patent owner has the exclusive right to prevent or stop others from commercially
exploiting the patented invention. In other words, patent protection means that the invention cannot be
commercially made, used, distributed, imported or sold by others without the patent owner's consent.
What is the purpose of the patent law?

his is a form of intellectual property (IP) protection that gives the creator of an invention the exclusive
legal right to market, sell, manufacture, and profit from that invention. This monopoly lasts for a specific
time period depending on the type of patent.
What are the types of patents?

Under U.S. Code Title 35, the U.S. Patent and Trademark Office (USPTO) issues three different types of
patents: utility patents, design patents, and plant patents. In order to be patentable, an invention must be
novel, non-obvious, adequately described, and claimed by the patent applicant in clear, definite terms.
What is an example of a patent?
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Examples of patents include the Wright Brothers' patent for the airplane, Thomas Edison's patent for the
light bulb, and Alexander Graham Bell's patent for the telephone.
What are the steps for patent in India?

The steps to file a patent includes prior art search; filing of the application; publication of application;
request for examination; response to objections and subsequently grant of patent.
What is the date of patent?

The date of Patent is the date of filing the application for patent, accompanied either by provisional or
complete specification. In case of a convention or PCT application the priority date is taken as the date of
Patent.
What is the cost of patent in India?

The cost of the patent in India : Patent attorney fees for Patent drafting is ₹ 30,000. Total official fees for
patents by expedited (fast route) ₹ 12,100 ( this includes Filing fees ₹1600, Early publication ₹2500,
Expedited (fast) examination ₹8000)
When was patent invented in India?

The first legislation in India relating to patents was the Act VI of 1856. The objective of this legislation
was to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of
their inventions.
Is a patent renewable?
No, you cannot renew a patent in the US. Technically speaking, US utility patents are maintained, not
renewed. The connotation of ―maintenance‖ is that there is an end to the patent term, whereas ―renewal‖
implies a length of time that continues indefinitely.
Can a patent be sold?

Selling a patent allows the inventor to generate income that will help pay the bills or finance other
promising ideas. Selling a patent outright also eliminates the huge financial outlay required to start up a
business based on a new product.
What are the benefits of patents?

The benefits of a patent are:
 Prevent others from developing and selling the same invention.
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 Value increases over time.

 Incur license fees from others using the invention.
 A patent portfolio may increase your value in the eyes of potential investors and buyers.
 Market your projects as patented products.
What is the patent process?
The patent process for obtaining patent protection involves 1) a patentability opinion,
2) preparation and filing of the patent application, 3) prosecution of the patent application,
4) issuance, abandonment, or appeal of the patent application, and 5) maintenance fees.
What are the salient features of patent?

Salient Features of Patent Act
The time period patent lasts for 20 years. There is also a provision of examining the process if requested
for the same. The biodiversity and protection of the environment is also covered in the provisions. A fast-
track method has been developed for the discard of the appeals.
How do you maintain a patent?

Maintenance fees are required to keep in force all utility and reissue utility patents based on applications
filed on or after December 12, 1980. These fees are due 3½, 7½, and 11½ years from the date the patent is
granted. Failure to pay on time may cause the patent to expire.
Who grants patent in India?

India Patent Office grants patent so that any invention can be freely commercialised or utilised without
any fear of infringement. All changes affecting patent right should always be recorded in the Indian Patent
Office. The Indian Patent Office grants patents which are governed by the Indian Patents Act, 1970.
Who has more patents in India?

Gurtej Singh Sandhu holds the record for the most patents by an Indian. He has over 1340 utility patents
and is Senior Fellow and Vice President at Micron Technology. He works in the field of Electrical
Engineering.
How many patents are there in India?

A total of 31,261 patents have been issued by the Indian Patent Office in 2022 as opposed to 30,431
patents issued in 2021. Likewise, over 72,029 patent applications were published in 2022 as opposed to
52,379 patent publications in 2021.
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Where is the headquarter of IPR in India?

The Head Office of the Patent office is at Kolkata and its Branch offices are located at Chennai, New
Delhi and Mumbai. The Trade Marks registry is at Mumbai and its Branches are located in Kolkata,
Chennai, Ahmedabad and New Delhi.
Who is the youngest patent holder in India?
Hridayeshwar Singh Bhati

The record for being the youngest patent holder was set by Hridayeshwar Singh Bhati (born on September
3, 2002) of Jaipur, Rajasthan. He invented a six-player circular Chess board, for which he received the
patent on July 26, 2011.
What we Cannot patent in India?

An invention whose commercial exploitation is contrary to public order and morality or which causes
serious prejudice to humans, animals, plants, or the environment is not patentable. Hence, a device for
housebreaking or a gambling machine cannot be granted a patent.
Who is the authority of IPR?

All the IPR Laws are not administered by any single Ministry. IPRs work relating to Trademark, industrial
designs, patent and Geographical indications is dealt by Department of Industrial Policy and Promotion
under the Ministry of Commerce and Industry being administrative Ministry.
Patentable subject matter:
Patentable, statutory or patent-eligible subject matter is subject matter of an invention that is

considered appropriate for patent protection in a given jurisdiction. The laws and practices of many
countries stipulate that certain types of inventions should be denied patent protection. Together with
criteria such as novelty, inventive step or nonobviousness, utility, and industrial applicability, which differ
from country to country, the question of whether a particular subject matter is patentable is one of the
substantive requirements for patentability.
The problem of patentable subject matter arises usually in cases of biological and software inventions, and
much less frequently in other areas of technology.
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MODULE-IV
Law of Copyright and Designs, Understanding Copyright Law - Historical

Overview – Justification For Copyright Law - The Natural Law Justification - The
Economic Rationale of Copyright Clause, Basic Concepts Underlying copyright
Law - Idea – Expression Dichotomy Originality / Creativity – Fixation
Term of Protection, Subject - Matter of Copyright - Literary Works - Dramatic
Works - Musical Work - Artistic Works - Cinematograph Films and Sound
recordings, Acquisition of Copyright in India, Rights of the Copyright Owner -
Economic Rights - Moral Right or Droid Moral Right of Authorship or Paternity
Rights - Rights against Distortion or Mutilation of the Original Works or Integrity
Rights - Limitations - Limitations set under International Regime – Berne
Convention - Rome Convention - Trips Agreement - Three Step Test, Infringement
of Copyright -Transfer of copyright - License and Assignment - License and consent
-Duration of a License Form and Content - Disputes in Respect of Licence -Types of
Licenses - Exclusive and Non-Exclusive Licenses.
Copyrights and Related Rights: Classes of Copyrights: In India, there are three main
classes of copyright: Literary works, Dramatic works, Musical works.
Other types of copyright include:
 Artistic works
 Cinematograph films
 Sound recordings
 Pantomimes and choreographic works
 Pictorial, graphic, and sculptural works
 Motion pictures and other audiovisual works
 Architectural works
 Computer programs
There are three basic requirements for copyright protection:
 Original: The work must be original and the result of the author's skill and effort. It
should not be a copy or imitation of someone else's work.
 Fixed: The work must be fixed in a tangible medium of expression. It must be
sufficiently permanent or stable to permit it to be perceived, reproduced, or
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otherwise communicated for a period of more than transitory duration.

 Work of authorship: The work must be made by a qualified person.
 Copyright law protects a wide range of works, including: Original literary works,
Dramatic works, Musical works, Artistic works, and Entrepreneurial works.
 In India, the author of a work is the first owner of the copyright. This is
according to Section 17 of the Copyright Act, 1957.
 However, there are some exceptions to this rule.
 For example, if an author is employed by a newspaper or magazine, the
employer is the first owner of the copyright
Ownership of copyright:
Under Section 17 of the Copyright Act, 1957, the author of a work is the first owner
of Copyright. This rule under Section 17 of the Copyright Act, 1957 regarding the
Ownership and Authorship of Copyright is subject to certain statutory exceptions.
Under Section 17 (a) of the Copyright Act, 1957, where any literary, dramatic or
artistic work is made by an author in the course of his/her employment or service by
the owner of a magazine, newspaper or similar periodical under a contract of
service or traineeship, for the purpose of publishing the work of an author in a
newspaper, magazine or any such periodical, etc., the owner, in the absence of any
prior agreement to the contrary, will be the first owner of the Copyright of the work
of the author. The rule, as mentioned above, applies so far as it relates to the
publishing of the work in the magazine, newspaper, etc. or the reproduction of the
work for the purpose of work being so published. But in all other cases, the author
will be considered the first owner of the Copyright.
Copyrights of the Author:
Copyright, also known as author's rights, is a legal term that protects the rights of
creators over their literary and artistic works. This includes: Books, Music,
Paintings, Sculpture, Films, Computer programs, Databases, Advertisements, Maps,
Technical drawings, Academic articles. Copyright is a type of intellectual property
right. It grants the copyright owner certain exclusive rights for a designated term of
copyright protection. This term is typically the author's life plus 70 years. There are
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two different types of copyright: Moral rights, Economic rights. All authors, by
definition, have their works protected by a series of rights which give them the
complete and exclusive capacity to exploit these same works. These rights are
known as 'copyright'. There are two different types of copyright: moral rights and
economic rights.
Copyright Infringements:
Copyright infringement is the use of copyrighted material without the copyright

holder's permission. It can also be called piracy. Copyright infringement
includes: Distribution, Performing, Public display, Adaptation, Copying. Copyright
infringement can be civil or criminal. Remedies for copyright infringement include:
i) Injunctions ii) Impounding and disposition of infringing articles iii) Damages and
profits iv) Costs and attorney's fees
Copyright infringement means that the rights afforded to the copyright holder, such
as the exclusive use of a work for a set period of time, are being breached by a third
party.
Copyright Infringement is a Criminal Offence:

copyright infringement is a criminal offense in India. The Copyright Act of
1957 criminalizes the infringement of copyright and other associated rights. The
minimum punishment for criminal copyright infringement is six months in prison
and a minimum fine.
The Copyright Act of 1957 criminalizes the following:

Section 63, Section 63B, Section 65, Section 65A, Section 65B, Section 67, Section
68, Section 68A.
The police can begin investigations into allegations of copyright infringement on
receiving a complaint
Civil remedies for copyright infringement include:
i) Injunctions ii) Damages iii) Interpretation of accounts iv) Delivery and

destruction of infringing copies v) Damages for conversion
Criminal remedies for copyright infringement include: i) Imprisonment ii) Fines
iii) Seizures of infringing copies iv) Delivery of infringing copies to the owner.
Copyright Infringement is a Cognizable Offence:
copyright infringement is a cognizable and non-bailable offense. The Supreme

Court of India ruled on May 20, 2022 that offenses under Section 63 of the
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Copyright Act (1957) are cognizable and non-bailable. Copyright infringement

occurs when a copyrighted work is: Reproduced, Distributed, Performed, Publicly
displayed, Made into a derivative work. To establish infringement, the plaintiff must
demonstrate that any audience would find the expression in the defendant's work
substantially similar to the plaintiff's work. An offense is cognizable if it is
punishable with imprisonment for three years and upwards but not more than seven
years. Only those cases are non-cognizable that are punishable either with
imprisonment for less than three years or punishable only with a fine.
Fair Use Doctrine:

The fair use doctrine in India is a legal exception to the Indian Copyright Act,
1957. It allows limited use of copyrighted material without the owner's
permission. The doctrine balances the interests of the copyright owner and the
public. The doctrine is based on the idea that not all copying should be
prohibited. It's considered fair use when the public interest in copying outweighs the
author's interest in copyright protection. Some examples of fair use include: i)
Criticism ii) News reporting iii) Education iv)Research v) Parody vi) Private study
vii) Publication viii) Making or publishing a painting, drawing, engraving, or
photograph of a work.
Copyrights and Internet:

Copyright law protects the rights of creators and artists by giving them exclusive
control over their work. Copyright law applies to the internet and digital media.
It prevents others from copying, distributing, or modifying digital content. This
includes: Software, E-books, Music, Videos, Other online materials. Copyright law
does not protect facts, ideas, systems, or methods of operation. However, it may
protect the way these things are expressed. If you have a website with original
content, your content is automatically protected by copyright. This means that others
can't use the original text, images, videos, or music on the site without your
permission. If they do, you have a claim for copyright infringement. Copyright
infringement complaints can be filed with internet service providers. Copyrights can
be enforced through lawsuits and criminal charges.
Non-Copyright Work:
A work is considered non-copyright if it is not protected by copyright law. This
can be because the copyright has expired. The owner has given up their rights. The
work was never eligible for copyright protection. Some examples of works that are
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not protected by copyright include Titles: Such as book titles or movie titles Short
phrases: Such as slogans or catchphrases. Government works: Such as laws and
court opinions. Cooking recipes Fashion designs. Domain names. Band names.
Genetic code. Useful articles: Such as a lamp.
Copyright Registration:
Copyright registration is essential as it solidifies your legal ownership of the work.
By registering your copyright, you gain control over the dissemination of your work
to the public, reproduction rights, and any translations or adaptations of the creative
content.
Copyright registration offers several advantages to creators and intellectual property
owners, including the following:
 Safeguarding the Owner: Copyright registration provides copyright owners

exclusive rights over their work, encompassing reproduction, distribution,
adaptation, dissemination, and translation.
 Legal Protection: Creators benefit from legal protection, ensuring their work
cannot be reproduced without proper authorization.
 Enhancing Brand Value: A registered copyright serves as proof of ownership,
allowing creators to use it for marketing purposes and contributing to goodwill
creation.
 Global Reach: Copyright protection extends internationally. If a work is
copyrighted in one country, it enjoys similar privileges in other countries,
including India.
 Copyright as an Asset: Copyright is considered an intellectual property asset,
making it an intangible resource that can be sold or licensed, adding economic
value.
 Owner Visibility: Copyright registration raises the work profile, making it
accessible worldwide and searchable in copyright registries. It also prevents
unauthorized use of the work once registered.
 Economic Stability: Copyright registration promotes economic stability,
enabling creators to reproduce and monetize their art in various forms,
contributing to their financial well-being.
Judicial Powers of the Registrar of Copyrights:
In India, the Registrar of Copyrights has the powers of a civil court when trying a
suit. These powers include Summoning and enforcing the attendance of any person,
Examining a person on oath, Requiring the discovery and production of any
document, Issuing commission for the examination of witness and documents,
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Receiving evidence on affidavit. The Registrar of Copyrights can also call the
applicant to examine the veracity of their work anywhere within India. Every order
made by the registrar of payment of money is deemed as a decree of a civil court and
is executed as such.
Copyright Symbol:
"©" or the word "Copyright" or abbreviation "Copr."; the year of first publication
of the copyrighted work; and. identification of the owner of the copyright, either by
name, abbreviation, or other designation by which they are generally known.
Validity of Copyright:
In India, copyright protection typically lasts for the lifetime of the author plus 60
years from the year following the author's death. For anonymous works,
pseudonymous works, and works of joint authorship, the duration is 60 years from
the year of publication. The validity of Copyright Registration Certificate is 60 years
depending upon the type of work. The validity can be renewed by applying the
renewal fees. The general rule is that copyright lasts for 60 years. In the case of
original literary, dramatic, musical and artistic works the 60-year period is counted
from the year following the death of the author.
Copyright Profile of India:
The Copyright Act of 1957 protects original works in India from unauthorized
use. The act protects the following types of works. Literary works, Dramatic
works, Musical works, Artistic works, Cinematograph films, Sound recordings.
The Indian Copyright Board is a regulatory body that enforces copyright laws.
Copyright and the word ‘Publish’:
Copyright is a noun and publishing is a verb. Copyright is the right to control

when and how copies of a work are made public. Publishing is the act of making
copies of a work and making those copies available to the public. The copyright
owner can give publishing rights to others, allowing them to reproduce the
work. The copyright owner is the original creator of the work, which is determined
by a contract between the publisher and the author. The copyright office considers a
book to be ―published‖ when copies are distributed or offered to the public, either in
print or digitally. Copyright protection is available for unpublished books as well as
published ones.
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Transfer of Copyrights to a Publisher:
A Copyright Transfer Agreement (CTA) is a legal document that transfers

copyright ownership of a work from the author to the publisher. The CTA
grants the publisher the legal right to publish, distribute, and profit from the
work. The CTA is legally binding and can grant the publisher either non-exclusive
or exclusive rights to distribute the work.
Copyrights and the Word ‘Adaptation’:
Under Indian law, an adaptation is a change in the format of a copyrighted

work. The Copyright Act defines the following acts as adaptations. Converting a
dramatic work into a non-dramatic work. Converting a literary or artistic work into a
dramatic work. Rearranging a literary or dramatic work. Depicting a literary or
dramatic work in comic form or through pictures. The author of an adaptation has
their own copyright in the derivative work. This means that if someone wants to
make a movie or other derivative work based on a book or other copyrighted
material, they must first obtain permission from the original creator.
Copyrights and the Word ‘Indian Work’:
In India, copyright is a form of intellectual property protection. It grants the

owner of a work the exclusive right to use it. The Copyright Act of 1957 regulates
copyright registration in India. Copyrights of works of the countries mentioned in
the International Copyright Order are protected in India, as if such works are Indian
works. The term of copyright in a work shall not exceed that which is enjoyed by it
in its country of origin.
Joint Authorship:
Joint authorship is when two or more people contribute enough to a work to be

considered authors of that work. In joint authorship, the authors share the
copyright in the work. The Indian Copyright Act defines joint authorship as a work
produced by the collaboration of two or more authors in which the contribution of
one author is not distinct from the contribution of the other author or authors. In
joint authorship, it can be difficult to determine who contributed the most or who
should be considered the author of the work.
Copyright Society:
A copyright society is a registered collective administration society that authors

and copyright owners establish to protect their work. The Copyright Act of 1957
requires a minimum of seven members to form a copyright society. Copyright
societies issue licenses for copyrighted works, such as: Literary works, Dramatic
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works, Musical works, Artistic works, Cinematograph films, Sound recordings,

Copyright societies also manage the commercial aspects of creative works. For
example, authors may give publishers a license to publish their work for a royalty.
The Comptroller and Auditor General of India certifies the accounts of each
copyright society. The society must forward its accounts and audit report to the
Central Government annually.
Copyright Board:
The Copyright Board of India was a quasi-judicial body that enforced and
administered copyright law in the country. It was established by the central
government in 1958. The Copyright Board's jurisdiction extended to the whole of
India. The Copyright Board's functions were transferred to the Intellectual Property
Appellate Board (IPAB) in 2017. The IPAB previously dealt with matters related to
trademarks, patents, and geographical indications. The Copyright Board
adjudicated disputes related to: Copyright registration, Copyright assignment
Licenses for works withheld from the public, Unpublished Indian works, Production
and publication of translations, Works for certain specified purposes.
Copyright Enforcement Advisory Council (CEAC):
The Copyright Enforcement Advisory Council (CEAC) was established on

November 6, 1991. The CEAC is a three-year term that reviews the progress of
copyright enforcement and advises the government on how to improve it. The
CEAC is under the Ministry of Human Resource Development. The CEAC seeks
advice from creative copyright industries and top police officials from all states and
union territories.
International Copyright Agreements:

International copyright agreements are treaties that guide signatories to adhere to
copyright and intellectual property laws. Some examples of international
copyright agreements include: Universal Copyright Convention (UCC), Berne
Convention for the Protection of Literary and Artistic Works, WIPO Performances
and Phonograms Treaty (WPPT), WIPO Copyright Treaty, Marrakesh Treaty.
Conventions and Treaties:
Treaties and conventions are written agreements between nations that are legally
binding. They are also known as statutes or protocols. Treaties are agreements
between nation-states that form the basis for international law. They can be called
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conventions, protocols, pacts, or accords. The content of the agreement, not its
name, makes it a treaty. Conventions are treaties signed between two or more
nations. They usually involve issues concerning complaints, investigations, or treaty-
monitoring procedures. Treaties and conventions can be bilateral (between two
countries) or multilateral (between three or more countries). They govern the mutual
relations between states.
Interesting Copyrights Cases:
1.Whitmill vs Warner Brothers: Despite Hangover 2's success, its publisher,

Warner Brothers, was sued by tattoo artist S. Victor Whitmill for using Whitmill's
uncredited tattoo design without permission in the film and its promotional
materials.Despite Warner Brothers' claims that their use of the design was
protected by the "fair use" policy, Whitmill pursued the case and sought a
preliminary injunction that would have prevented the film from hitting theaters on
schedule.While the judge did rule against Whitmill's injunction request, he did
agree that Whitmill still had a solid case and could pursue the lawsuit on other
grounds.An agreement was reached behind closed doors, and the film was
released on schedule, thereby creating comedic history.
2. Apple vs Microsoft: There was once a time when the two tech giants squared
off in court. Apple filed a lawsuit against Microsoft in 1988, shortly after the
release of Windows 2.0, a significant upgrade to the original version. At the
time, Apple accused Microsoft of plagiarizing the graphical user interface found
on the Macintosh system without permission or a license. This is where the case
becomes interesting, as Apple did in fact grant Microsoft permission to use
Macintosh's design elements in Windows. The mystery surrounding this part is
that, for some reason, Apple's legal department did not receive the memo, after
the release of Windows 2.0,Apple was so taken aback by the suddenness of the
legal proceedings that it skipped sending any sort of preemptive warning or
threat.As a result of this misunderstanding, the court ruled in favor of Microsoft
in 1989, and although Apple attempted to appeal the decision multiple times, all
of its efforts were unsuccessful.
3. Starbucks vs Obsidian Group: Starbucks sued rival coffee chain Obsidian
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Group in 2016 for promoting its newest drink, the Freddoccino. Starbucks
claimed that the name's similarity violates the copyright of their own popular
iced coffee, the Frappuccino. Despite Obsidian's efforts to assuage concerns by
renaming their drink "the Freddo," Starbucks remained steadfast in their pursuit
of the case, and the case has yet to be resolved as of mid-late 2022.
4. Apple vs Google: In 2010, as smartphones became increasingly important in

our daily lives, Apple and Samsung went to court over Samsung's alleged
violations of Apple's patents on several of its smartphone designs. Apple's main
competitor was not Samsung per se, but rather the Android operating system
developed by Google and used by Samsung and other manufacturers. Partially
because of a "Mobile Application Distribution Agreement," Google's legal team
had to intervene to help Samsung. Concurrently, Motorola filed one of the most
publicized lawsuits in technology history, accusing Apple of intellectual
property infringement. Motorola claimed that Apple violated their patents on
3G phone technology and other aspects of smartphone design, while Apple fired
back by claiming that Motorola had infringed on their patents on a number of
features. The court was so frustrated by the fight that the judges threw out the
case three times in 2012, on the grounds that neither party had enough
implicated evidence and were told to settle out of court. 2012 was the year that
Google bought Motorola. Although Apple has never directly attacked Google,
they appear to focus on third-party companies that sell Google's software
products; nonetheless, Google appears to be adamant in defending its popular
mobile software.
5. Youtube vs Viacom: Viacom sued YouTube for $1 billion in 2007 for

"Brazen" copyright infringement for allegedly hosting over 150,000 clips of
Viacom's television shows and owned properties on their website. YouTube
argued that it is not legally responsible for content that infringes on third-party
copyrights because it is merely an online service provider. This side issue could
become the case's deciding factor. The judge issued an order requiring YouTube
to turn over its internal communications logs and transcripts to Viacom for
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review. If not for one small detail, this evidence would be considered
indisputable and Viacom would have won without a doubt. As part of a guerilla
marketing campaign, Viacom hired 18 advertising firms to create "unofficial
accounts" and upload them as random users before the trial began, an action that
can be described as nothing less than a blunder. Worse yet, Viacom had no idea
which accounts belong to them, so they ended up suing the third party to
remove content that they had uploaded themselves. This gave YouTube new
life, and they argued that it was unreasonable to remove any account without
knowing whether or not it belonged to Viacom. Since YouTube had no way of
telling which accounts were infringing on copyrights, it had no way of stopping
them. Viacom's case collapsed due to this minor oversight, and the judge
ultimately sided with YouTube, potentially sparing the media conglomerate.
Trademarks: Eligibility Criteria:
A trademark must meet the following criteria to be eligible for registration

in India.
Distinctiveness: The trademark must be unique and uncommon in the relevant

market.
Graphic representation: The trademark must be able to be represented
graphically.
Use: The trademark must be used or proposed to be used in relation to goods or
services.
No description: The trademark must not describe or explain the goods or
services it represents.
No opposition: No opposition must be filed or set aside. Other criteria include:
Class selection:
The trademark must be registered under the appropriate class. Time limit: The
trademark is registered for 10
years from the date of application. The Trade Marks Registrar will process the
application and issue an
Examination Report. The report may allow the trademark to be advertised
before registration or raise an objection
Who Can Apply for a Trademark:
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In India, individuals, companies, and charitable organizations can apply for

trademark registration. However, each type of individual or business has specific
requirements when applying for a trademark. The following entities can register as
trademarks in India: i) Joint owners of a company ii) Proprietorship firm iii)
Partnership firm iv) Limited liability partnership (LLP) v) Indian company vi)
Society or trust vii)An individual or a person. The Trademark Act of 1999 allows a
registered proprietor or an agent to register a trademark. A third party or licensee
cannot register a trademark without being an agent of the proprietor or owner. A
trademark can be used or proposed to be used in relation to goods or services. The
mark should indicate a connection between the goods or services and a person who
has the right to use the mark.
Trademark Acts and Laws:
 Trademark and Merchandise Act, 1958: This act protects trademarks and prevents
the fraudulent use of
marks on merchandise. Trade Marks Act, 1999: This act amends and consolidates
trademark law. It provides for the registration and protection of trademarks for
goods and services. Trade-Mark-Act-1992. This act provides for the validity and
renewal of a registered trademark. A registered trademark is valid for 10 years
from the date of registration and can be renewed indefinitely. Trade Marks Act
1994. This act makes new provisions for registered trademarks. Trademark
registration establishes ownership of a brand, name, or logo. It protects the brand
against unlawful third-party use. The owner of a registered trademark has the
exclusive right to use, sell, and change the brand or items.
Designation of Trademark Symbols:

Trademark symbols are used to indicate trademark rights. They are usually used in
superscript next to a trademark. The three most common trademark symbols are
TM: Used to indicate an unregistered trademark SM: A trademark symbol ®: Used
to indicate a registered trademark. Trademark symbols are typically used in press
releases, articles, and company reports. They can appear with the first or most
prominent mention of a mark in these types of documents. Trademarks can take
many forms, including: Logos, Names, Phrases, Slogans, Anything used to identify
goods or services
Some examples of trademarks include:
Under Armour, Twitter, "It's finger lickin' good!", "Just do it", "America runs on
Dunkin'"
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Classification of Trademarks Based on Goods:

1. Finished goods are categorized according to their use and function. The
customer can compare it to similar finished goods if you don‘t specify its
purpose. In the absence of this option, the applicant may categories the goods
based on their type of construction or intended use. If it is assumed that the
product is not mentioned in any of the classes, it is compared to the other
finished products on the list.
2. The classification of finished multipurpose products is based on their intended
uses. A product with multiple uses can be classified into any of the classes that
match one of its functions. If those functions are not listed in any class, then
other criteria, such as the product‘s raw materials or its mode of operation,
should be considered.
3. The type of material they are made of determines how unprocessed or semi-
worked raw materials are categorized. The material they are made of
determines how raw materials or semi-worked products are categorized.
4. When a product is made up of multiple materials, the dominant material is
used to organize it. In theory, any good that is a component of another good is
categorized in the same class as that other good. When we are unable to use
the aforementioned goods for any other purposes, this applies.
Classification of Trademarks Based on Services:

1. The explanatory notes and the headings of the service classes serve as the basis
for categorizing the services according to the branches of the activities. And if
that isn‘t the case, you can use one of the other resources on the Alphabetical
List instead. Rental services fall under the same category. Services that offer
advice, information, or consultation fall under the same category as services
pertaining to the subject matter of those services.
2. You can also include any rental services in the same category as ―services
rendered by rented objects‖ when categorizing them.
3. Any service that provides advice, information, or consultation falls under the
same category as issues that are related to advice, information, or consultation.
Registration of a Trademark is Not Compulsory:

Trademark registration is not mandatory in India. However, there are several
benefits to registering a trademark, including:
 Legal protection
 Exclusive rights
 Strong legal foundation
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 Prevents others from copying your mark

 Prevents misrepresentation of other products with your mark
 Helps customers recognize your brand
Unregistered trademarks have no legal protections. Section 27 of the Trademarks
Act, 1999 states that no action can be taken for infringement of an unregistered
trademark. However, for a registered trademark, an action for infringement can be
taken, and the aggrieved party can seek civil and criminal reliefs.
Validity of Trademark.
A registered trademark in India is valid for 10 years from the date of application. To
continue legal protection for the asset, the trademark must be renewed. The renewal
request must be filed within 6 months before the expiration of the registration.
A trademark is a logo or symbol that distinguishes the products or services of a
company or individual from others. The Registrar enters the trademark registration
into the Register of Trademarks when it is issued.
A trademark owner cannot enforce their rights if their trademark is used in a fair use
context. For example, many trademarks use words that are commonly used in
everyday language.
Types of Trademark Registered in India:

There are several types of trademarks that can be registered in India, including
Product mark, Service mark, Collective mark, Certification mark, Shape mark,
Pattern mark, Sound mark.
While there are different types of trademarks, their purpose is generally the
same. Trademarks are "badges of origin" that indicate the source of a person, their
products, and services. For example, a chartered accountant can use the "CA" device
because they are a registered member of the Institute of Chartered Accountants.
Some examples of registered sound marks in India include:
 ICICI bank
 Yahoo
 National Stock Exchange
A registered trademark provides greater legal protections than an unregistered
trademark. A registered trademark gives the owner a legal presumption ofownership.
Trademark Registry:
The Trade Marks Registry (TMR) in India was established in 1940. The TMR
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administers the Trade Marks Act of 1999 and the rules that follow. The TMR's
objectives are to:
 Register trademarks
 Protect trademarks for goods and services
 Prevent fraudulent use of trademarks
The Controller General of Patents, Designs, and Trade Marks registers trademarks in
India. Trademarks can be registered offline or online.
To check if a trademark is registered in India, you can:
1. Go to the Trademark Registry's website at https://ipindia.gov.in/

2. Click the Trademarks tab
3. Click Related Links and then Public Search
4. Select the search type, either wordmark or Vienna code
The cost to register a trademark in India ranges from 4,500 to 9,000. Small
businesses, startups, sole proprietorships, and individuals pay the lower fee of 4,500.
The cost to register a trademark in India ranges from 4,500 to 9,000. Small
businesses, startups, sole proprietorships, and individuals pay the lower fee of 4,500.
Process for Trademarks Registration:
The process for registering a trademark in India includes the following steps:
1. Trademark search: Check the trademark registry to ensure your desired

trademark isn't already registered
or pending registration.
2. Trademark filing: File an application with the necessary documents.
3. Trademark application: The Trademark Officer will review the application for
correctness and issue a trademark examination report.
4. Trademark objection: The government may raise an objection if your name is
similar to another trademark in the same class.
5. Trademark opposition: Member countries may submit opposition to the
trademark registration application to the WIPO.
6. Application preparation: The Trade Marks Registry will assign an application
number.
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Other steps include:
 Examination of the application by the Trademark Registry

 Post examination procedures
 Advertisement of the application in the Trademark Journal
 Opposition by any third party
Prior Art Search:
A prior art search is a preliminary step to filing a patent application. It involves
looking for disclosures that could prevent an invention from being patented. This
includes:
 Other published patents

 Press articles
 Relevant patent and non-patent literature
The purpose of a prior art search is to determine if an invention is new and non-
obvious. A patent application is compared to the prior art to decide if it describes a
new invention.
A prior art search can take a few minutes or many hours. The cost can range from
$1,500 to $3,000.
Famous Case Law: Coca-Cola Company vs. Bisleri International Pvt. Ltd:
The Coca-Cola Company vs. Bisleri International Pvt. Ltd. was a case about the
alleged unauthorized use of the trademark "MAAZA". The plaintiff, Coca-Cola,
contended that the defendant, Bisleri, infringed on their trademark. The plaintiff
argued that the defendant's use of the trademark was a violation of trademark and
IPR laws. The court ruled in favor of the plaintiff.
Here are some details about the case:
 Date: October 20, 2009

 Background: The defendant, Bisleri, registered the "MAAZA" trademark in
Turkey in 2008. The plaintiff, Coca-Cola, had registered the trademark in India.
 Arguments: The plaintiff argued that the defendant's use of the trademark was a
violation of trademark and IPR laws. The defendant argued that the agreement they
signed with the plaintiff was limited to India.
 Decision: The court ruled in favor of the plaintiff.
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MODULE:V-Industrial Designs
The word ‘Design is defined as the features of shape, configuration, pattern, ornament or composition of
lines or colours applied to any article. The Design may be of any dimension i.e., one or two or three
dimensional or a combination of these. In addition, it may be created by any industrial process or means,
whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and
is judged solely by the eye.
 The main object of registration of industrial Designs is to protect and incentivize the original
creativity of the originator and encourage others to work towards the art of creativity.
5.1. Eligibility Criteria
 The Design for which the protection is being sought must be novel or original i.e., should not be
disclosed to the public by prior publication or by prior use or in any other way.
 The Design should be significantly distinguishable from the already registered Designs existing
in the public domain.
5.2. Acts and Laws to Govern Industrial Designs
In India, Industrial Designs are governed under
 ‗The Designs Act‘, 2000 (http://www.ipindia.nic.in/acts-designs.htm) and

 ‗Design Rules‘, 2001 (http://www.ipindia.nic.in/rules-designs.htm), which have been amended
from time to time in 2008, 2013, 2014 and 2019.
The Design should include the following characteristics:
 It should be novel and original.

 It should be applicable to a functional article.
 It should be visible on a finished article.
 There should be no prior publication or disclosure of the Design.
Some of the famous Industrial Designs are mentioned below:
Coca-Cola Bottle - The contoured-shaped glass bottle of the Coca-Cola Company is marvelled as
a master showpiece in the field of industrial design. It was designed in 1915 and is still a cynosure for all
eyes.
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Figure 5.1 Coca-Cola Bottle Design
Piaggio Vespa - Piaggio is an Italian company famous for manufacturing Vespa scooters. These
scooters are sold worldwide since 1940s. The structural design of the scooter is pleasing to the eyes. It has
a painted steel body concealing the engine, driver‘s feet rest comfortably on a flat floorboard, the front
vertical portion comprising of a handle, brakes and speedometer has ample space for hands‘ grip and also
provides protection from incoming wind
air.
Figure 5.2 Piaggio Vespa Design
iPhone - It is a highly popular mobile phone manufactured by American company ‗Apple Inc‘.
The sleek, handy and rectangular body is pleasing to the eyes. The corners are round and smooth. The
features, such as on/off and speech volume, are easy to operate.
Figure 5.3 iPhone Design
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Mini Cooper - Mini Cooper is an automobile car manufactured by the British Motor Corporation
in the later part of the 20th century. It is a small size car. Its shape has been designed in a unique manner so
as to provide plenty of space (nearly 80%) for passenger seating and luggage storage.
Figure 5.4 Mini Cooper Design
Rocking Wheel Chair - It is a sleek, circular-shaped chair which provides smooth rocking motion.
There is a provision for a headlight in the upper part of the chair.
Figure 5.5 Rocking Wheel Chair Design
Juicy Salif - It is a citrus juice squeezer and considered an iconic structural design. The alumina-
based body has been moulded in the shape of a fish called as a squid.
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Figure 5.6 Juicy Salif Design
5.3. Design Rights
 The Design registration confers a monopolistic right to the Proprietor by which he can legally
exclude others from reproducing, manufacturing, selling, or dealing in the said registered Design
without his prior consent.
 The Design registration is particularly useful for entities where the shape of the product has
aesthetic value and the entity wishes to have exclusivity over the said novel and original Design
applied to its product(s) or article(s).
5.4. Enforcement of Design Rights
o Once the applicant has been conferred with the rights over a specific Design, he has the right to sue
the person (natural/entity) if the pirated products of his registered design are being used.
o He can file the infringement case in the court (not lower than District Court) in order to stop such
exploitation and for claiming any damage to which the registered proprietor is legally entitled.
o The court will ensure first that the Design of the said product is registered under the Designs Act,
2000.
o If the Design is found not registered under the Act, there will not be legal action against the
infringer.
o If the infringer is found guilty of piracy or infringement, the court can ask him to pay the damage
(₹ 50,000/-) in respect of infringement of one registered Design.
5.5. Non-Protectable Industrial Designs in India
 Any Industrial Design which is against public moral values.

 Industrial Designs including flags, emblems or signs of any country.
 Industrial Designs of integrated circuits.
 Any Design describing the ‗process of making of an article‘.
 Industrial Designs of – books, calendars, certificates, forms and other documents, dressmaking
patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps, medals.
 The artistic work defined under Section 2(c) of the Copyright Act, 1957 such as:
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 Paintings, sculptures, drawings including a diagram, map, chart or plan.

 Photographs and work of architecture.
 Any other work related to artistic craftsmanship
 Industrial Designs does not include any Trademark (The Designs Act, 2000).
5.6. Protection Term
o The outer ‗Shape or Design‘ of a product makes it more appealing and acts as the value-adding
factor to the product. Therefore, there is a need to protect one‘s creation from being used by
third parties‘ without consent from the original creator.
o The registered Designs are protected for 10 years in India and can be extended by 5 years after
making a renewal application.
5.7. Procedure for Registration of Industrial Designs
5.7.1. Prior Art Search - Before filing an application for registration of Industrial Designs, it is
prudent to ensure that the same or similar Design has not been registered earlier. This search can be
carried out using various search engines, such as:
 Design Search Utility (CGPDTM)
(https://ipindiaservices.gov.in/designsearch/).
 Global Design Database (WIPO)

(https://www3.wipo.int/designdb/en/index.jsp).
 Hague Express Database (WIPO)

(https://www3.wipo.int/designdb/hague/en/#).
 Design View (EUIPO)
(https://www.tmdn.org/tmdsviewweb/welcome#/dsview).
5.7.2. Application for Registration
 Determine Uniqueness: Ensure the design is original and distinctive before applying for
registration.
 Eligible Applicants: Individuals, organizations, or industries can file the application, either
directly or through a professional agent or practitioner.
 Filing Process: Submit the application at the Design Office in Kolkata. Non-resident applicants
require an Indian agent.
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 Examination & Objections: An examiner reviews the application. If objections arise, the
applicant has 6 months to respond.
 Publication & Acceptance: Upon overcoming objections, details are published in the Official
Journal. If no public objections occur, the design is registered.
 Exclusive Rights: The successful applicant gains exclusive rights to apply the design to articles in
the registered class.
 Certificate Request: Finally, the applicant requests a certificate of registration
Figure 5.7 Flow Chart for the Process of Design Registration
5.8. Duration of the Registration of a Design
Initially, the Design registration is valid for ten years from the date of registration. The period of
registration may be extended further for five years. An application has to be made in Form-3
accompanied by prescribed fees to the Controller General before the expiry of the said initial period of
ten years.
5.9. Importance of Design Registration
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Registration of Design ensures the exclusive rights of the applicant on the Design. The owner can prevent
the registered Design products from piracy and imitation. This helps the owner to boost the sale of the
products and establish goodwill in the market.
5.10. Cancellation of the Registered Design
The registration of a Design may be cancelled at any time. The petition has to be filed in Form-8 with
prescribed fee to the Controller of Designs. The application can be made on the following grounds:
o Design has already been registered.

o Design has been published in India or elsewhere before the date of registration.
o Design is not novel and original.
o It is not a Design under Clause (d) of Section 2.
5.11. Application Forms
There are a total of 24 forms pertaining to Industrial Designs. A list of important forms is mentioned
below.
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5.12. Classification of Industrial Designs
 Designs are registered in different classes as per the Locarno Agreement, 1968;
https://www.wipo.int/classifications/locarno/loc pub/en/fr/. It is used to classify goods for the
registration of Industrial Designs as well as for Design searches.
 The classification comprises a list of classes and subclasses with list of goods that constitute
Industrial Designs. There are 32 classes and 237 subclasses that can be searched in two languages
i.e., English and French.
For example,
Class 1 includes foodstuff for human beings, foodstuffs for animals and dietetic foods
Class 9 includes Bottles, Flasks, Pots Carboys, Demijohns, and Pressurized Containers.
Class 3 classifies the Design of graphic symbols and logos, surface patterns, ornamentation.
5.13. Designs Registration Trend in India
Figure represents the statistics for Industrial Designs (filed examined and registered) for the period 2010-
20. During this period an increase of 88%, 117% and 33% was observed in the parameter of Designs filed,
examined and registered, respectively. In all three parameters, the graph depicts a similar pattern (more or
less) with the highest numbers observed in 2019-20 for Designs filed (12,268), examined (13,644) and
registered (14,272).
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Figure 5.8 Designs Registration Trend in India
5.14. International Treaties
The WIPO has put in place two important international treaties dealing with the smooth functioning of
various aspects of Industrial Designs:
 Hague Agreement for international registration (1925)
(https://www.wipo.int/treaties/en/registration/hague/)
 Locarno Agreement for international classification (1968)
(https://www.wipo.int/treaties/en/classification/locarno/)
5.15. Famous Case Law:
Apple Inc. vs. Samsung Electronics Co.
In 2011, Apple Inc. filed a case against Samsung Electronics Co. in the United States District
Court for the Northern District of California for infringing their Designs and Utility Patents of the
user interface like screen app grid and tap to zoom.
As evidence, Apple Inc. submitted the side-by-side image comparison of the iPhone 3GS and the
i9000 Galaxy S to demonstrate the alleged similarities in both models.
However, later it was found that the images were tempered by the Apple Company to match the
dimensions and features of the controversial Designs.
The counsel for Samsung Electronics blamed Apple of submitting false and misleading evidence to
the court and the company countersued the Apple Company in Seoul, South Korea; Tokyo, Japan;
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and Mannheim Germany, United States District Court for the District of Delaware, and with the
United States International Trade Commission (ITC) in Washington D.C.
The proceedings continued for the 7 years in various courts. In June 2018 both companies reached
for a settlement and Samsung was ordered to pay $539 million to Apple Inc. for infringing on its
patents.
Geographical Indications (GI)

. Geographical Indications (GI)
In every country, there are certain regions famous for their traditional knowledge/heritage in various
sectors, such as agriculture, food products, textiles, etc. People from far-off places used to travel to buy
these products.
 A GI is defined as a sign which can be used on products belonging to a particular geographical

location/region and possesses qualities or a reputation associated with that region. In GI, there is a
strong link between the product and its original place of production.
For example,
o Christopher Columbus sailed from Spain to import world-famous Spices from India.
o British people travelled to Arabian countries to import Arabian horses for siring fast running
horses for commercial gains.
o Similarly, China silk and Dhaka Muslin have been in great demand from times immemorial.
Acts, Laws and Rules Pertaining to GI
In India, GI was introduced in 2003 and is governed under the
 Geographical Indications of Goods (Registration & Protection) Act, 1999‘ and

 Geographical Indications of Goods (Registration & Protection) Rules, 2002.
Ownership of GI
The ownership/holders of GI (registered) can be of the producers, as a group/association/ cooperative

society or in certain cases, government.
Rights Granted to the Holders
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 Right to grant the license to others - The holder has the right to gift, sell, transfer/grant a
license, mortgage or enter into any other arrangement for consideration regarding their product.
A license or assignment must be given in written and registered with the Registrar of GI, for it
to be valid and legitimate.
 Right to sue - The holder of GI has the right to use and take legal action against a person who
uses the product without his consent.
 Right to exploit - The holder of GI can authorize users with exclusive right to use goods for
which the GI is registered.
 Right to get reliefs - Registered proprietors and authorized users have the right to obtain relief
concerning the violation of such GI products.
Registered GI in India
o GI products registered in India belong to the domains of handicrafts, agricultural, food stuffs,
alcoholic beverages, etc.
o The first GI tag was granted in 2004 to Darjeeling Tea and the latest being Kashmir Saffron
and Manipur Black rice (Chakhao) in May 2020.
o A total of 370 GI have been registered in India till May 2020.
(http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/GI_Application_Register_10-09-
2019.pdf).
o Nearly 58% of these belong to handicrafts, followed by agriculture (30%). Other categories
belong to food stuff, manufacturing, and natural goods.
o In the Handicraft category, Tamil Nadu holds the maximum number (21) of GI followed by
Uttar Pradesh (20) and Karnataka (19). A few standout GI are mentioned in table.
o International countries, such as Thailand, France, Portugal, Italy, Mexico, Peru and the United
Kingdom, have also filed GI in India e.g., Champagne (wine) of France and Scotch Whisky
of the United Kingdom.
List of popular GIs registered in India
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Identification of Registered GI
 Registered GI products are granted a tag, which is printed on the registered products. The tag
confirms the genuineness of the product in terms of its production (by set standards) and location
of production. Non-registered GI products cannot use/exploit this tag.
 By and large, GI tags represent the place of origin (of the product) along with cultural and/or
historical identity
e.g., Darjeeling Tea, Mysore Silk, Tirupathi Laddu, etc.
 In India, GI tags are issued by the Geographical Indication Registry under the Department for
Promotion of Industry and Internal Trade, Ministry of Commerce and Industry.
 GI registered products can be grown/produced in any part of the world using standards laid down
by the GI Registry. However, these products cannot be labelled as GI as they are not produced/
manufactured in a specific geographical location, as mentioned in the official records maintained
by the GI Office of GI.
For example,
Plants of Darjeeling Tea can be grown in any part of India. But the tea leaves of these plants
cannot be sold under the brand name of Darjeeling Tea, as the concerned plants were not grown in
the soil and climate of the Darjeeling area.
Classes of GI
GI certified goods are classified under 34 different classes, such as
 Class 1 is for chemicals used in industry, science, photography, agriculture, horticulture

and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing
compositions; tempering and soldering preparations; chemical substances for preserving
foodstuffs; tanning substances; adhesives used in industry.
 Class 33 is for alcoholic beverages (except beers) and
 Class 34 is related to tobacco, smokers‘ articles, matches.
Non-Registerable GI
For GI registration, the indications must fall within the scope of section 2(1) (e) of GI Act, 1999 and it has
to also satisfy the provisions of Section 9, which prohibits registration of a GI mentioned below:
 The use of which would be likely to deceive or cause confusion.

 The use of which would be contrary to any law.
 Which comprises or contains scandalous or obscene matter.
 Which comprises or contains any matter likely to hurt the sentiments of society.
 Religious susceptibilities of any class or section of the citizens of India.
 Which are determined to be generic names or indications of goods and are, therefore, not or ceased
to be protected in their country of origin or which have fallen into disuse in that country.
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Protection of GI
The IP rights to GI are enforced by the court of law of the concerned country. The GI registration of a
product has certain advantages. It enables to identify pirated/non-genuine stuff, provides more commercial
value to the product, and also strengthens the case if it reaches the judicial courts.
The common methods of protecting a GI are:
Sui generis systems (special regimes of protection) and under certification or collective mark systems.
Many countries, including India to protect GI by using the sui generis system. This decision was taken
after the TRIPS agreement (1995) and an option was given to the countries to choose either TRIPS
standards or the sui generis system. This was decided by considering the fact that every country has
different legislation and geographical structures & resources. Therefore, this system is not uniform in all
countries and varies according to the jurisdiction and legislation of the particular country.
Collective or Certification Marks
 Certification marks aim to certify the products comply with specific quality standards irrespective
of their origin. These standards include permitted materials and manufacturing methods.
 Therefore, the purpose of certification marks is to distinguish certified goods from non-certified
ones. Collective marks are owned by associations ensuring compliance with the agreed standards.
 Collective marks signify that a good or service originates from a member of a particular
association. The Collective mark is used by cooperating enterprises that have agreed to comply
with defined quality standards for goods or services that share common characteristics.
6.10. Enforcement of GI Rights
The rights to GI protection are typically enforced by the court of law. The sanctions provided could be
civil (injunctions restraining or prohibiting unlawful acts, actions for damages, etc.), criminal, or
administrative.
Procedure for GI Registration
 Prior to filing an application for registering GI, it is prudent to search whether the concerned GI is
already protected or not. This can be done by using search engines created by WIPO
https://www.wipo.int/ipdl/en/search/lisbon/search-struct.jsp where ‗Search of Appellations of
Origin and Geographical Indications‘ both can be conducted.
 The list of registered GI in India can be accessed from the official website of CGPDTM
http://www.ipindia.nic.in/writereaddata/Portal/News/367_1_Registered_GI.pdf.
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 Once the prior search for registered GI is done, the applicant has to file an application. The
application for GI can be forwarded by an individual or an organization or authority of people
established under Indian law.
 The application in a prescribed format is submitted to the Registrar, Geographical Indications

along with the prescribed fee.
(http://www.ipindia.nic.in/writereaddata/Portal/IPORule/1_27_1_girules.pdf).
 In the application, the applicant needs to mention the interest of the producers of the concerned
product. The application should be duly signed by the applicant or his agent with all the details
about the GI that how its standard will be maintained. The submission of three certified copies of
the map of the region where the GI belongs is mandatory.
 Once the application is filed at GI Registry, the Examiner will scrutinize the application for any
deficiencies or similarities. If the examiner finds any discrepancy, he will communicate the same
to the applicant, which is to be replied within one month of the communication of the discrepancy.
 Once the examiner is satisfied with the response/s, he files an examination report and hands over
the same to the Registrar. Once again, the application is scrutinized. If need be, the applicant is
asked to clear any doubts/objections within two months of the communication otherwise, the
application will be rejected.
 After getting a green signal from the Registrar, the application is published in the official
Geographical Indication Journal (http://www.ipindia.nic.in/journal-gi.htm) for seeking any
objections to the claims mentioned in the application. The objections have to be filed within four
months of the publication. If no opposition is received, the GI gets registered by allotting the filing
date as the registration date. Initially, GI is registered for ten years but is renewable on the payment
of the fee.
122
Figure 5.9: Procedure for GI Registration
Documents Required for GI Registration
o Details about the applicant‘s name, address and particulars.

o Application form GI-1A.
o Statement about the designated goods being protected under GI.
o Class of goods.
o Affidavit to establish the claim of genuinely representing the interest of the producers.
o Characteristics of GI.
o The special human skill required (if any).
6.13. GI Ecosystem in India
India is among the geographically and traditionally rich countries. The scope of generating GI products in
India is enormous. These products can contribute to the economic development of a particular region or
society. However, till June 2021, a total of 370 GI have been registered in India.
123
Figure 6.1 GI filed and registered
The Figure 5.10 represents the statistics for GI (filed, and registered) for the period 2010-20. Maximum
number (148) of GI were filed in 2011-12 whereas, minimum number (17) was observed in 2015-16. Not
much change in the number of GI registrations was observed during the period 2010-20. Each year the
number hovered around in the twenties, with maximum registrations (34) seen in 2016-17.
Case study on Patents

Turmeric Patent Case:
Background:
Turmeric (Curcuma longa): In 1995, the University of Mississippi Medical Center obtained a U.S. patent
for the wound-healing properties of turmeric's active ingredient, curcumin.
Issue: The patent, however, wasn't for the spice itself but for the use of turmeric in wound healing, not
acknowledging the centuries-old traditional use of turmeric in Indian Ayurvedic medicine.
Response:
The Indian government and the Council of Scientific and Industrial Research (CSIR) challenged this
patent, arguing that the knowledge of turmeric's medicinal properties had been a part of traditional Indian
systems.
There was a significant global uproar against the patenting of traditional knowledge, leading to the U.S.
Patent Office eventually revoking the patent in 1997.
Impact:
124
This case highlighted the importance of protecting traditional knowledge and indigenous resources from
misappropriation through patents in the global arena.
Neem Patent Case
Background:
Neem: In 1994, a U.S. patent was granted to a multinational corporation for the fungicidal properties of a
neem-based product used in pest control.
Issue: Similar to the turmeric case, the patent was challenged because traditional Indian systems have long
used neem for its pesticidal properties.
Response:
Following India's strong protest against the patent, citing the traditional knowledge base in India, the
European Patent Office (EPO) revoked the patent in 2000.
Impact:
The case underlined the need for a more comprehensive and equitable international patent system that
considers traditional knowledge and ensures that indigenous communities benefit from the
commercialization of their resources.
Basmati Patent Case:
Background:
Basmati Rice: In the late 1990s, a U.S. company was granted a patent on a method of breeding basmati-
like rice strains.
Issue: The patent claimed novel characteristics, including certain features and grain elongation similar to
traditional Basmati rice grown in India and Pakistan.
Response:
The Indian government, along with various organizations and experts, contested the patent, arguing that
the patent attempted to monopolize traditional methods of rice breeding that had been practiced for
generations in the region.
Impact:
The patent was narrowed down significantly after pressure and challenges from India, limiting the patent
holder's ability to claim exclusive rights over traditional Basmati varieties.
125
Overall Impact:
 These cases led to increased awareness about biopiracy, the need to protect traditional knowledge,
and the importance of integrating indigenous perspectives into the global intellectual property
framework. They also influenced international discussions on intellectual property rights, resulting
in broader recognition of the rights of indigenous communities over their traditional knowledge
and resources.
 India's proactive stance in challenging these patents demonstrated the need for a fairer and more
inclusive patent system that respects traditional knowledge and ensures the equitable distribution
of benefits arising from the commercial use of indigenous resources and traditional practices.
IP ECOSYSTEM IN INDIA
In India, the key organizations engaged in IP affairs are mentioned below.
Department for Promotion of Industry and Internal Trade (DPIIT), New Delhi
DPIIT, earlier known as the Department of Industrial Policy and Promotion (DIPP), under the Ministry of
Commerce and Industry, Govt. of India, is the apex IP body. It came into existence in 1995 and is the
main body for regulating and administering the industrial sector. The major categories of IPs are being
governed and administered by the DPIIT.
Table: Categories of IPR and their governing bodies in India.
126
DPIIT has a dedicated and robust Office of the Controller General of Patents, Designs and Trade Marks
(CGPDTM) for formulating as well as implementation of the policies, rules and regulations pertaining to
IPR.
In addition, DPIIT also undertakes the following IPR-related activities:
 Modernization and strengthening of Intellectual Property Office.

 Strengthening of physical infrastructure.
 Enhancement of human resources.
 Expansion of physical infrastructure in major cities.
 IT up-gradation.
 Development of software required for ISA/IPEA and Madrid Protocol.
 Subscription to non-patent literature required for PCT minimum documentation.
 Digitization of records.
 Conducting Sensitization and awareness programmes.
 Establishment of the electronic library.
 Procuring furniture and office equipment for the modernized environment in IP offices.
DPIIT also collaborates with WIPO and other apex industry organisations to promote and strengthen the
IP ecosystem.
127
Intellectual Property Appellate Board and its Amendment
 With an increase in the IPR regime all over the world, a higher number of disputes had also been
observed. Because of the over occupancy of the judicial courts in India, there was a significant
delay in the judgments related to IPR cases.
 To overcome this issue, in 2003 Government of India established Intellectual Property Appellate
Board (IPAB), a statutory body under DPIIT, under the provisions of the Trademarks Act, 1991.
The Board used to hear appeals against the decisions of the Registrars of Trademarks and
Geographical Indications, and Controller of Patents.
Draft Model Guidelines on Implementation of IPR Policy for Academic Institutions
To implement the policy for enhancing the IP ecosystem, IP commercialization, Entrepreneurship and
start-up ecosystem in academic institutions, DPIIT has prepared a draft of guidelines for the
implementation of IPR policy for academic institutions. The draft can be accessed from the official
website
(https://dipp.gov.in/draft-model-guidelines-implementation-ipr-policy-academicinstitutions)
Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP)
 To protect and promote IP in India, DPIIT initiated this scheme in 2016. This scheme is to
facilitate the protection of Patents, Trademarks and Designs generated by start-ups.
 The scheme is inclined to nurture and mentor innovative and emerging technologies among the
start-ups and assist them in protection and commercialization by providing them access to high-
quality IP services and resources.
Office of the Controller General of Patents, Designs and Trademarks (CGPDTM)
This office is the most important component of the IP regime in India. It supervises the functioning of the
following IP offices:
 The Patent Offices (including the Design Wing) at Chennai, Delhi, Kolkata & Mumbai.
 The Patent Information System (PIS) and Rajiv Gandhi National Institute of Intellectual Property
Management (RGNIIPM) at Nagpur.
 The Trademarks Registry at Ahmadabad, Chennai, Delhi, Kolkata & Mumbai.
 The Geographical Indications Registry (GIR) at Chennai.
 The Copyright Office at Delhi.
 The Semiconductor Integrated Circuits Layout-Design Registry at Delhi.
Key features of CGPDTM:
 Administers laws on Patents, Trademarks, Industrial Designs, Geographical Indications,

Copyrights, and Semiconductor Integrated Circuits Layout-Design Registry.
128
 Enables applicants to file Patents, Designs, Trademarks, and GI applications through the 'E
gateway.'
 Provides a free public search engine for checking the status of registered IPs and applications.
 Weekly publication of official journals detailing application statuses, including First Examination
Reports and granted Patents.
 Manages details and amendments in Rules and Acts, regularly notifying the public.
 Publishes an annual report with statistics on all IPs, international applications through PCT and
Conventions, and financial revenue details.
 Notifies vacancies for Patent Examiners and conducts exams for Patent Agents periodically.
Fig.6.2 Organizational structure of IPR regime in India.
IPO Website
A Patent Search web portal (www.ipindia.nic.in) and patents‘ e-filing webpage

(https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin) have been redesigned to make it more
informative, interactive and user-friendly. This portal can be accessed free of charge and carries
information, such as the status of Patent applications, including publication, examination, grant and
renewal
International Searching Authority (ISA) and International Preliminary Examination Authority

(IPEA)
WIPO granted the authority of ISA/IPEA to Indian Patent Office to assess the patentability of the
applications filed through PCT or Conventions. The authority generates the written opinion in the form of
a report, and based on this report, the applicant can withdraw the application if he finds that the granting
129
of patents for this invention is unlikely. The examination of the application filed through PCT or
conventions is done by the IPEA.
Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM)
This institute has been established as a national "Centre of Excellence" for training, management,
research, education in the field of IPR, in Nagpur.
Salient activities of the institute are:
o It conducts research in the field of IP on several socio-economic parameters, strata of the society,
technological fields, R&D trends, etc. to find the gaps in the IP ecosystem in India and prepares
study reports and policy analysis papers on the subject of current relevance for policy and
lawmakers. These reports are available on the official website of the institute for free of cost.
o Based on the research conducted, discussion with experts of IP laws and other concerned
stakeholders, the institute lays down policy recommendations for the government, SMEs,
industries and universities in India.
o The institute proposes three-month diploma course, six months and one-year Post Graduate
Diploma course in Intellectual Property Law.
o The institute conducts training for the students and IP professionals for awareness and sensitizes
them about the significance of IPR.
o Training IP examiners to meet international standards, collaborating with WIPO for training
programs in India.
o The institute also organizes IP Awareness/Campaign in the country in collaboration with IP
Offices, Government Organizations and R&D Institutions.
Cell for IPR Promotion and Management (CIPAM)
CIPAM, a professional body under DPIIT, has been established for addressing the objectives of IPR
Policy and creating awareness about IPR among all strata of life i.e. educational institutions, industries
(primarily small scale industries), general public and professional bodies like the police, lawyers, etc.
Over one lakh students have benefitted from lectures/talks related to IPR. Besides, over 80 IPR cells have
been established in colleges/universities. A chapter on ‗IPR, Innovation & Creative Works‘ is included in
NCERT‘s course curriculum. CIPAM plans to introduce animated videos on IPR for the students. An IPR
Activity Book titled ‗Let‘s Have Fun with IP‘ has also been published to benefit students.
The major activities of CIPAM include:
Tutorial Video Collaboration: Created a 20-minute IPR overview tutorial featuring IP Nani in
collaboration with Qualcomm.
130
Training of Trainers Module: Developed a beta version module to assist school teachers in teaching
basic IP concepts, accessible here (http://cipam.gov.in/wp-content/uploads/2019/05/School-Teachers-
Training-Module.pdf).
Teacher Training Impact: Successfully trained over 700 teachers on IPR.
Community Outreach via Radios: Utilizes community radios for effective outreach to the youth.
Online IP Learning Platform - L2Pro: Launched L2Pro in collaboration with National Law University,
Delhi, and Qualcomm. Provides an easily accessible IP learning forum for students and industry, with a
focus on SMEs.
National Research Development Corporation (NRDC), New Delhi
NRDC, an enterprise of Department of Scientific & Industrial Research (DSIR), Govt. of India, was set up
in 1953 with a mandate to develop, promote and transfer/commercialize IP and technologies emanating
from Higher Education Institutes (HEIs), R&D research laboratories/institutions and Public Sector
Undertakings (PSUs).
NRDC has a repository of 2500 Indian technologies, filed over 1700 Patents and transferred about 5000
technologies in different sectors in India. It has also created a technology data bank containing
information regarding technologies available in various fields, such as electrical & electronics,
mechanical, mining, biotechnology, healthcare, leather, etc.
The major components of NRDC are as follows.
Intellectual Property Facilitation Centre (IPFC)

It is a joint project of NRDC and MoMSME with a mandate to create awareness and adoption of IPR by
the entrepreneurs and the MSMEs. From time to time, IPFC organizes IP-related training programs across
the country. Participants are awarded certificates after successful completion of the course.
The IP related services offered by IPFC include:
o Prior Art Search and Preliminary Patentability Assessment.

o Patent Filing Support for filing with the provisional specification or/and with complete
specification.
o Advice for filing Patents in other countries.
o Advice on examination reports and queries for the Indian Patent Office.
o Post-Grant Support.
o Support for Infringement Proceedings, Opposition Proceedings, etc.
o Technology Transfer Agreements and Patent Valuation.
o Technology Marketing and Licensing.
131
IPFC also provides guidance and assistance in the preparation of documents required for registration of
Copyrights, Trademark, Industrial Designs, and Geographical Indications.
Intellectual Property Management Division (IPMD)

NRDC provides financial and technical assistance to the innovations emanating from R&D organizations,
academic institutions and universities as well as individuals for IP protection. The division assists in the
services like Patent search facility, assistance in Patents commercialization, organizing IPR workshops
and many other Patent related services.
Start-ups IP Protection (SIPP)

This is a scheme launched by DPIIT, Govt. of India to assist start-ups in filing applications for Patents,
Designs and Trademarks through registered facilitators by paying only the statutory fees. NRDC plays a
significant role in this scheme by providing services and guidance to budding start-ups in their innovative
plans and IP- related matters.
IPR Awareness
o To sensitize people about the importance of IPR and its protection & management, NRDC
organizes IPR awareness seminars/workshops on issues related to the commercialisation of
Technology/Patents, protection of IP, prior art searching techniques, IP issues in technology
licensing and so on.
o NRDC also delivers talks/seminars on the importance and need for IP protection to students, young
scholars, teaching and research communities.
o NRDC provides IPR Service to many companies, such as National Thermal Power Corporation
(NTPC), Bharat Earth Movers Limited (BEML).
Innovation Facilitation Centres (IFCs)

On behalf of DSIR, NRDC has set up 6 IFCs in the universities under ‗Programme for Inspiring Inventors
and Innovators‘ (PIII). The mandate of IFCs is to sensitize the students, research scholars and faculty
members (preferably science stream) about IP related issues by organizing seminars and workshops on IP
and technology transfer.
Main Objectives:
o To promote area-specific technologies for the industries by utilizing the R&D capabilities of the
host institutions in the region.
o To provide value-added services in terms of IP management & technology commercialisation for
making commercial products from the R&D of institutions of the region.
132
o To act as a potent resource of IP-protected technologies to help the manufacturing sector of the
country in developing new products and services based on the innovative technologies available
through the IFCs.
o To provide IP protection and management services and facilitate technology transfer and
commercialisation.
Outreach Activities
To promote regional innovations, technologies, IP promotion and commercialisation in the country
because of growing industrialization and start-up ecosystem, NRDC has created 4 outreach centres in
various locations:
 Intellectual Property Facilitation Centre (IPFC) at Vishakhapatnam with support of MoMSME,

GoI.
 Technology and Innovation Support Centre (TISC) at Vishakhapatnam with support of DPIIT-
CIPAM, GoI.
 Incubation Centre at New Delhi.
 North Eastern Cell - NRDC at Guwahati.
Schemes and Programmes

IP Consultancies - Academia/R&D institutes and industries are at the forefront of knowledge creation
and scientific activities. With innovation as a central theme, NRDC provides consultative services in
drafting/formulating innovation, technology transfer and IP policy of their respective organizations.
Technology Landscaping - NRDC helps stakeholders in technology landscaping analysis in which it

helps to understand the market evaluation of a particular technology as well as the latest developments
involving such technology. This initiative helps stakeholders to take important decisions and adopt
strategies involving R&D of product processes, investment in specific areas of technology and identifying
Patent trends. NRDC is financing programmes like Programme for Inspiring Inventors and Innovators
(PIII) and Programme for Development of Technology Inspiring for Commercialization (PDTC).
The main features of the programmes are mentioned below:
Programme for Inspiring Inventors and Innovators:

Promotion & Propagation: Actively promotes and propagates inventions and innovations.
Meritorious Inventions Award: Recognizes and awards meritorious inventions and open-source
technologies.
Innovate India Conference: Hosts the Innovate India Conference to foster innovation.
Intellectual Property Support: Facilitates Intellectual Property and Innovation with specialized
centers.
133
IPFC and University Centers: Manages the Intellectual Property and Technology Facilitation
Centre (IPFC). Establishes NRDC-University Facilitation Innovation Centers.
Patent Seminars and Search: Organizes seminars on patents and conducts patent searches.
Online IPR & Knowledge Management: Offers online courses for IPR and knowledge
management certification.
Technology Knowledge Management: Implements a program for managing technology
knowledge.
Techno-commercial Support: Provides support to scientists, innovators, and students for
technology trials and validations.
Knowledge Management for Innovation Promotion: Executes a knowledge management
program to promote innovations and technologies
.
Programme for Development of Technology Inspiring for Commercialization:

o Digital Knowledge Base (Innovation Portal) for Commercialization of Innovations.
o Digital Portal and Membership & Subscription.
o Technology Value Addition.
o Basic Engineering Design Package.
o Market Survey on assigned technologies.
o Development Projects and value addition for priority projects.
o Promotion of Innovation in Rural & North East Region.
o Entrepreneurship Development Programme in backward and rural areas through Innovative
Appropriate Technology.
o Increase Shelf-life of Fruit & Vegetables through Innovative Appropriate Technology.
o Organic Fruits Cultivation & Processing Programme at Mizoram (MFCP Certified Programme).
o Promotion of Technology Commercialisation in the country and abroad.
o Dissemination of Information through R&D-Industry Meet, Conferences, Seminars, Workshops,
Exhibitions, Foreign Exhibition, Publication, etc.
ASEAN-India
The ASEAN-India Innovation Platform, developed by NRDC under the ASEAN India Science,
Technology, and Innovation Cooperation Program, establishes a collaborative portal. This platform
focuses on the Research Innovation Component, aiming to create a databank of technologies and
innovations in India and ASEAN. The databank facilitates the transfer and commercialization of
technologies for entrepreneurs in both regions. NRDC's collaborating partners in this initiative include
the National Innovation Foundation and FICCI. The portal serves as an interactive space where
innovators can share their technology, providing buyers with access to available technologies for
commercial exploitation.
The main objectives of the portal are:
134
Database and IPs: Create an extensive database and conduct research on Intellectual Properties
(IPs).
Single Access Platform: Establish a unified platform for accessing technologies developed in
India and ASEAN countries.
Facilitate Technology Exchange: Facilitate interactive and dynamic exchanges between
technology seekers and owners.
Bridge Technological Gaps: Address the technological gap between inventors, industries,
manufacturers, and academia in ASEAN countries.
Promote Networking: Assist member countries in networking to share ideas, experiences, and
solutions to challenges.
Single Information Source: Serve as a comprehensive information source for ASEAN countries,
focusing on inclusive innovation in sectors like health, education, food, agriculture, environment,
natural resources, and science and technology.
Industry Networking: Foster networking between industries in ASEAN and India, utilizing
Intellectual Property knowledge bases to promote employment and wealth creation.
Technology Information Forecasting and Assessment Council (TIFAC), New Delhi
The importance of undertaking technology forecasting and assessment studies on a systematic and
continuing basis was highlighted in the Government of India‘s Technology Policy Statement (TPS) of
1983. Therefore in 1985, TIFAC was established as an autonomous body, registered as a Society in 1988,
under the Department of Science and Technology. It is an important cog in filling a critical gap in the
overall S&T system of India. Its mission is to assess the state-of-art of technologies and set directions for
future technological developments in India in important socio-economic sectors.
Patent Facilitation Centre
Established in 1995, the Patent Facilitation Centre (PFC) at TIFAC plays a pivotal role as a nodal agency
for Intellectual Property Rights (IPR) activities in India. This initiative aligns with TIFAC's broader
mandate as a facilitator of IPR-related endeavors.
Objectives:
o Introducing Patent information as a vital input in the process of promotion of R&D programmes.
o Providing patenting facilities to scientists and technologists in the country for Indian and foreign
Patents on a sustained basis.
o Keeping a watch on development in the area of IPR and making important issues known to
policymakers, scientists, industry, etc.
o Creating awareness and understanding related to Patents and the challenges and opportunities in
this area, including arranging workshops, seminars, conferences, etc.
In order to fulfil these objectives, PFC carries out dedicated activities, such as:
135
Facilitation of IP Protection: PFC provides legal, technical, and financial support for
obtaining patents from research funded by DST, GoI. Patent applications are drafted and filed
through empanelled attorneys, assisting both educational institutions and government agencies
Awareness Creation: PFC conducts talks and workshops to raise IPR awareness among
students, researchers, and professionals. It publishes an IPR Bulletin and FAQs in various
Indian languages to spread awareness nationwide.
Patent Information Centres (PICs): PFC administers 24 PICs across India, acting as
consultants at the state level. PICs guide in filing patent applications, extend search services,
and support IPR inclusion in academic curricula.
Registering Geographical Indications: PFC protects items of traditional excellence through
the Geographical Indication of Goods Act. PICs independently handle GI-related work in states
IPR Cells in Universities: PFC establishes IPR Cells in universities with PICs' help, guiding
academicians in patent searches and IP audits. The aim is to have an IP cell in every university
within a few years.
Training Programmes: PFC conducts IPR-related training programs, collaborating with
organizations like DRDO, DAE, UNIDO, Indo-US S&T Forum, and the National Institute of
Health, USA
Women Scientist Scholarship Scheme (WOS-C)-KIRAN IPR)
WOS-C, popularly known as KIRAN-IPR, addresses the career barriers faced by highly qualified Indian
women in science, engineering, and medicine due to domestic and social reasons.
Program Structure:
 A one-year course allows women scientists to work from home for 11 months, ensuring a balance
between professional and domestic responsibilities.
 One-month orientation at TIFAC, New Delhi, followed by 11 months of job training at various
patent agencies nationwide.
Objectives
o Empower talented women to contribute to science and technology.

o Develop a pool of women scientists proficient in creating, protecting, and managing intellectual
property (IP) in India.
o Provide training in IP laws, management, patentability assessment, and database searches for
specialized employment or self-employment.
o Develop a core of professionals for preparing reports on diverse aspects of IP
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Research Methodology & Intellectual Property Rights (21RMI56)

RESEARCH METHODOLOGY & INTELLECTUAL PROPERTY RIGHTS

Introduction: Meaning of Research, Objectives of Engineering

Introduction: What Is Research? Meaning of Research

Fig. 1.1 The research flow diagram

What are the ways in which intelligence is created and acquired?

Fig. 1.2 The categories of knowledge in research

What are research projects?

1. Problem: A bridge architect is trying to build a new earthquake-proof bridge.

more earthquake resistant than the existing bridge.

Objectives of Engineering Research:

Motivation in Engineering Research:

(iii) Influences from others like competition, collaboration, commitment, and

community, and respectability are all driving factors.

The following factors would be a mix of extrinsic and intrinsic aspects:

Types of Engineering Research:

(iii) Quantitative versus Qualitative: Quantitative research uses statistical observations

Finding and Solving a Worthwhile Problem:

The recommended steps to solve a research problem are

Ethics in Engineering Research Practice:

Types of Research Misconduct:

How are supervisors, reviewers or editors alerted to plagiarism?

Ethical Issues Related to Authorship:

Literature Review and Technical Reading,

Literature Review and Technical Reading:

The primary goal of a literature review is to:

relevant sources, and provide a deep understanding of the research problem.

New and Existing Knowledge:

Components of a Comprehensive Literature Review:

1. Summarize existing knowledge from the state of the art.

2. Detail key concepts, factors, parameters, and relationships.

3. Discuss complementary approaches to the topic.

4. Highlight inconsistencies, shortcomings, and contradictory results.

5. Justify the need for further research in the field. Steps to

1. Identify major topics or concepts relevant to the research subject.

Analysis and Synthesis of Prior Art:

Steps in Analyzing Literature [Table 2.1]:

2. Understanding Models and Experimental Conditions: Delve into the models

4. Comparing and Contrasting: Compare various pieces of information, methodologies, and

Table 2.1 The literature survey grid

Critical Evaluation of Sources:

Benefits of Bibliographic Databases:

4. Comprehensive Coverage: Bibliographic databases cover a vast array of disciplines

and subjects, providing a comprehensive repository of research materials.

Challenges and Solutions:

Selecting Databases for Research:

1. Identification of Relevance: Researchers should quickly identify which databases are

2. Diverse Selection: To ensure comprehensive coverage, researchers can choose

3. Cross-Database Searches: Researchers should perform simultaneous searches across multiple

Key Features and Usage:

1. Search Capabilities: Web of Science offers an extensive search functionality, allowing

Google and Google Scholar

2. Limited Search Functionality: Google offers limited search and refinement

Google Scholar's Limitations:

SearchOperators for Improved results:

Example: Synchronous OR asynchronous captures results with either term.

3. Quotation Marks: Narrows searches by finding words together as a phrase.

Example: "Texas Instruments" narrows results to that specific phrase.

4. Site Operator: Limits searches to a specific domain or website. Example: site:

http://ieeexplore.ieee.org focuses on results from that site.

5. Filetype Operator: Filters results based on a specific file extension. Example:

filetype: pdf narrows results to PDF documents.