Develop a plan for dissemination of your final project.
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Prepare drafts of your summary slide (presentation.png, 1920x1080) and video clip (presentation.mp4, 1080p HTML5, < ~minute, < ~10 MB) and put them in your website’s root directory.
Table Of Contents
What is an Invention?
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An invention is a research result that potentially can be commercially exploited. The invention can be patented if it meets patent law criteria for patentability. A patent is a form of ownership of the invention (a legal document) that protects the invention and patent holder. It gives the patent holder the right to prevent or allow others to exploit the invention for a limited period, typically 20 years.
What is a Intellectual property?
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Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. It refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
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IP is protected in law by, for example, patents, copyrights 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. Intellectual property encompasses two types of rights:
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Industrial property rights
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Copyright
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Industrial property rights (IPR) and intellectual property rights (IPR) both protect creations, but they differ in what they protect:
Industrial property rights
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Industrial property takes a range of forms, including patents for inventions, industrial designs (aesthetic creations related to the appearance of industrial products), trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of an intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding the products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.
Intellectual property rights
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Protect human creations that reflect the author's personality, such as literary works, artistic works, scientific works, films, musical works, photographs, and paintings. IPRs deal with economic or “moral” rights, which can be used by others. IPRs promote innovation and creativity, which can generate jobs.
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Intellectual property rights fall into four categories: patents, trademarks, copyrights, and trade secrets.
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The 2 most commonly used industrial property rights are Patents and Trademarks
Patents
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A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling, and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant.
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Purpose: Protect new inventions or discoveries by giving the inventor exclusive rights to use, manufacture, and sell the invention for a specified period, usually 20 years
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Requirements: To qualify for a patent, an invention must be new, non-obvious (inventive step), and useful (industrial applicability).
Filing a patent in India involves several steps, from conducting a preliminary search to the final grant of the patent. Here is a step-by-step guide to help you navigate the process:
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Step 1: Determine Patentability
Before filing, ensure your invention is novel, involves an inventive step, and is industrially applicable.
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Step 2: Conduct a Patent Search
Perform a thorough patent search to check if a similar invention already exists. This can be done through:
Indian Patent Office website
World Intellectual Property Organization (WIPO) database
United States Patent and Trademark Office (USPTO) database
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Step 3: Prepare a Patent Application
Prepare a detailed patent application that includes:
Title of the invention
Background of the invention
Summary of the invention
Detailed description of the invention
Claims that define the scope of the invention
Drawings, if necessary, to illustrate the invention
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Step 4: File the Patent Application
Choose the type of application to file:
Provisional Application: If your invention is not yet fully developed, file a provisional application to secure a priority date. You must file a complete specification within 12 months.
Complete Application: If your invention is fully developed, file a complete specification.
Submit the application online via the Indian Patent Office's e-filing portal or physically at one of the patent offices in Delhi, Mumbai, Chennai, or Kolkata.
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Step 5: Publication of Application
The patent application is published in the Official Patent Journal 18 months from the filing date. You can request early publication by filing Form 9 and paying the prescribed fee.
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Step 6: Request for Examination
Within 48 months from the filing date, you must request the Indian Patent Office to examine your application by filing Form 18 and paying the examination fee.
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Step 7: Examination and Office Actions
The patent office examines the application for compliance with legal requirements and patentability criteria. An Examination Report (First Examination Report, FER) is issued, detailing any objections.
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Step 8: Respond to Examination Report
Respond to the objections raised in the FER within six months from the date of issuance. Amend your application, if necessary, to address the objections.
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Step 9: Pre-Grant Opposition (if applicable)
Third parties can file a pre-grant opposition within six months of the publication date or before the grant of the patent, whichever is later.
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Step 10: Grant of Patent
If all objections are resolved, and no opposition is filed or sustained, the patent is granted, and a certificate of patent is issued.
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Step 11: Post-Grant Opposition (if applicable)
Within 12 months from the date of grant, any person can file a post-grant opposition.
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Step 12: Renewal Fees
Pay the renewal fees every year to keep the patent in force. Failure to pay renewal fees will result in the patent lapsing.
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Additional Considerations:
Engage a Patent Agent: It is advisable to hire a registered patent agent to assist with the preparation and filing of the application.
Maintain Records: Keep detailed records of the invention process and communications with the patent office.
Monitor Deadlines: Be aware of and strictly adhere to all deadlines to avoid abandonment of your application.
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Forms and Fees:
Form 1: Application for Grant of Patent
Form 2: Provisional/Complete Specification
Form 3: Statement and Undertaking under Section 8
Form 5: Declaration as to Inventorship
Form 9: Request for Early Publication
Form 18: Request for Examination
Form 26: Power of Attorney (if a patent agent is appointed)
Ensure that the correct fees are paid for each form and stage of the process, which can be found on the Indian Patent Office website.
Copyright is a form of intellectual property that grants the creator of an original creative work an exclusive legal right to determine whether and under what conditions this original work may be copied and used by others, usually for a limited term of years.
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The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright on ideas is that copyright protects only the original expression of ideas, and not the underlying ideas themselves.
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A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship – like a literary work, songs, movies or software. These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly.
Trademarks
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A trademark, is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
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The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
Trade secret
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A trade secret is a type of intellectual property in the form of a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable by others by which a business can obtain an economic advantage over competitors or customers. In some jurisdictions, such secrets are referred to as confidential information.
Contract/NDA
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A non-disclosure agreement (NDA) is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. Doctor–patient confidentiality (physician–patient privilege), attorney–client privilege, priest–penitent privilege, and bank–client confidentiality agreements are examples, often not enshrined in a written contract between the parties.
Open Source License
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An open-source license is a type of license for computer software and other products that allows the source code, blueprint or design to be used, modified and/or shared under defined terms and conditions. This allows end users and commercial companies to review and modify the source code, blueprint or design for their own customization, curiosity or troubleshooting needs.
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Open-source licensed software is mostly available free of charge, though this does not necessarily have to be the case. Licenses which only permit non-commercial redistribution or modification of the source code for personal use only are generally not considered as open-source licenses.
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However, open-source licenses may have some restrictions, particularly regarding the expression of respect to the origin of software, such as a requirement to preserve the name of the authors and the copyright statement within the code, or a requirement to redistribute the licensed software only under the same license (as in a copyleft license).
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One popular set of open-source software licenses are those approved by the Open Source Initiative (OSI) based on their Open Source Definition (OSD).
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To learn about the types of open source licenses, refer to the links below.
This is a permissive license that allows users to freely use, modify, and distribute the software, both in its original and modified form. It requires including the original copyright notice and disclaimer in the distribution but does not impose any specific requirements on derivative works.
The GPL is a copyleft license that emphasizes the freedom to use, modify, and distribute software. If you incorporate GPL-licensed code into your project, the entire project must be distributed under the GPL, ensuring that the software remains free and open-source. This license promotes collaboration and sharing within the open-source community.
This license is permissive and allows users to freely use, modify, and distribute the software, including patent rights. It provides more explicit permissions and protections for contributors and users, making it suitable for commercial use and fostering collaboration.
Creative Commons (CC) offers free licenses for usage by creators when making their work accessible to the general public. While not specifically designed for software, CC licenses are used to grant permissions for creative works such as artwork, music, and documentation. These licenses offer a range of permissions, from allowing unrestricted use and modification to specifying certain conditions for reuse, attribution, or non-commercial use.
User obligations
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When you use any CC material, you must:
always attribute the creator of the work (for information on how to attribute a work
get permission from the creator to do anything that goes beyond the terms of the licence (eg making a commercial use of the work or creating a derivative work where the licence does not permit this)
keep any copyright notice attached to the work intact on all copies of the work
indicate and link to the licence from any copies of the work
where you make changes to the work, acknowledge the original work and indicate that changes have been made
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In addition, when you use any CC material, you must not:
alter the terms of the licence
use the work in any way that is prejudicial to the reputation of the creator of the work
imply that the creator is endorsing or sponsoring you or your work
add any technologies (such as digital rights management) to the work that restrict other people from using it under the terms of the licence.
Step 3 : Scroll down a bit. Read 'Choose a license' instructions. Click 'Get Started'.
Step 4 : Choose specification that you want under your license.
Step 5 : Copy the code in the box and paste on your website or code or any digital media.
Now you have Creative Commons license. You can explore other features on the same website.
Choosing the Right License
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Before selecting a license, it's crucial to understand the intended use of your project, code, design, etc. Since my project is inspired by and widely used in the fab community, I decided to go with a Creative Commons license. I expect others to use the information and the project file for educational purposes and not for commercialising.
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I am seriously planning to prepare a business plan out of it. For the time being, I have selected the creative commons listed below:
NC: Only noncommercial use of your work is permitted. Noncommercial means not primarily intended for or directed towards commercial advantage or monetary compensation.
SA: Adaptations must be shared under the same terms.
Income
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I am seriously planning to prepare a business plan out of it.
Future Aspects
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I am planning to further develop this project by adding a cushion and implementing an interface feature that allows users to connect online, adjust, and monitor.
Project Slide and Video
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Slide presentation.jpg resolution - 1920x1080
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Video clip presentation.mp4 1080p HTML5 < ~minute, < ~10 MB.
https://brainiac.co.in/a-step-by-step-guide-to-filing-a-patent-in-india/
https://ipindia.gov.in/
https://opensource.org/licenses
https://www.gnu.org/licenses/gpl-3.0.en.html
https://creativecommons.org/
