This paper features a diagram of Intellectual Property Rights (IPRs) in India
and their patterns. Significantly, licenses have assumed a key job in changing
national and worldwide development landscape. The IPR patterns during 2003-13,
the endorsed pace of plans (87.38%) and trademarks enlistments (65.54%) were
fundamentally higher than the conceded licenses (22.06%) in India. However, the
licenses (63.26%) have created colossal incomes than the structures, trademarks
and GIs over last decade.
Total number of patent grants over the most recent 10
years was 69,745 out of which 21.71% were conceded to Indians and 78.29% wereto
remote candidates. Maharashtra, Delhi and Southern states are driving in
recording licenses. Streams like concoction and mechanical building have created
most noteworthy number of licenses though bio-innovation and nourishments field
were at the low inclination.
This paper likewise manages the patent awards in Asian countries. On a normal,
the level of patent awards in Japan, Korea and Taiwan was 43.08, 43.95 and 45.88
separately. China has indicated gigantic enthusiasm for patent documenting as of
late and the in general level of patent grants over most recent dozen years was
32.99%. When analyzed with Asian nations, India was least inventive country
among them as far as patent documenting with a giving rate of23.07.
demonstrates, India is cognizant about its IPR polices with higher dismissal of
documented licenses. It has additionally demonstrated significant increment in
its examination and advancement capacities. In the course of the most recent 10
years, India figured out how to deliver 2.84 lac research distributions.
2012, India positioned 9th in logical distributions at a worldwide portion of
3.5%. In the worldwide development file in the course of the last 5 years, on an
average, Indian input sub-file positioning was 74.6% and yield sub-file
positioning was 45.8%.Besides, India was regularly positioned at No. 01in the
locale of Focal and Southern Asia throughout the previous 5 years.
been reliably positioned in the best ten when it contrasted with lower-center
pay (LMI) economies around the world. In any case, IPR culture in India is
anything other than palatable. It requests viable procedures for empowering and
building IPR exercises and investigate logical and mechanical exploration and
innovation in India.
Current discussion over patent accumulation has prompted recharged enthusiasm
for the long standing inquiry concerning whether licenses are an innovative or a
damaging effect on the procedure of innovative turn of events. In this paper I
look at the essential patent tradeoff among impetuses and restraining
infrastructure bends considering ongoing commitments to the writing. I diagram
where licenses can work adequately, where they can be harming and where extra
reciprocal components to prod development might be fitting.
Introduction of Intellectual Property Rights (IPR)
Developed countries are perceived today for the most part by their headway of
intellectual imagination and advancement. Information is the key driver for
transforming a nation rich and imaginative. A sort of new knowledge
(manifestations) got from human psyche (human capital) is often called
Intellectual Property (IP) and it has been defined as unique inventive work
manifested in a substantial structure that can be lawfully ensured (WIPO, 2008).
Intellectual Property Rights (IPRs) are legal rights that permit originators
abuse their developments or advancements only for a specific timeframe. Really,
the IPR laws bring stable, sheltered and maintainable Eco-framework over
scholarly items, procedures and administrations for the sole advantage of the
general public. Additionally, the property has its own uniqueness, selectivity
or imposing business model that permits creators or licensors to abuse
monetarily. Truth be told, there are two parts of IPR: one is modern property
(first perceived in Paris Show in 1883) also, second one is copyright (first
perceived in Berne Show, 1886).
Industrial property comprises of licenses, trademarks, topographical signs, and
mechanical structures and so on that are regional in nature. Documenting and
enrollment with a specific domain and for a specific time frame is fundamental.
After 2009, licenses filings developed by 7.6% in 2010, 8.1% in 2011 and 9.2% in
2012 (2.35 million applications recorded) while modern structure filings
developed by 17% and trademark filings by 6.0% in 2012 world-wide (WIPO,
Among the modern property, licenses play a key role in changing national
and worldwide development landscape. The primary reason for the patent is to
advance development, intensity, financial development, and visibility.
Historically, Venetian law of 1474 made the main precise endeavor to ensure
creations by a type of patent, which allowed an elite right to an individual
just because (Lucchi, 2007).Copyright (comprises of artistic, emotional, melodic
aesthetic works including design works and so on.) is an impalpable property for
a particular term.
In India it is 60 years. Without the invention of the print press by Johann
Gutenberg around 1448, book distributing and its copyright outcomes would not
have come to spotlight and advertised today. Copyright is certifiably not a
never-ending right (Majmudar and Co) and thoughts can't be copyrighted, secured
and even protected. Larger part of exploration discoveries distributed in
peer-looked into diaries stay under copyright.
Over 90% diaries are presently on
the web and about 1.5 million STM articles are delivered in a year. Normal
development rate proportion every year for diaries titles, articles and
specialists was 3.5:3:3 in the course of the most recent two centuries (Product
and Mabe, 2009). Truth be told, copyright is programmed, no compelling reason to
enlist across for its assurance. Consequently, criticality of IPR communication
and spread has more noteworthy effect on society for defending the country's
scholarly manifestations as well as creating income to assemble knowledge based
IPR in the context of Technological Landscape in 2020 and its expected relevance
In today's world, the economic health of nations and effectiveness of firms is
determined largely by the ability to develop commercialize and most importantly,
to appropriate (or capture) the economic benefits from scientific and
IPR such as patents and copyrights are important means used by the firms to help
protect their investment in innovation. They are legal instrument that have been
used by the government for centuries to encourage industrial development and
We live today in a world in which the economic health of nations and the
competitiveness of firms is determined largely by the ability to develop,
commercialize, and most importantly, to appropriate (or capture) the economic
benefits from scientific and technological (S&T) innovations. Intellectual
property rights (IPRs), such as patents and copyrights, are an important means
used by firms to help protect their investments in innovation. They are legal
instruments that have been used by governments for centuries to encourage
industrial development and economic growth.
Figure 1 IPR Acts in India:
IPRs protect investments in innovation by granting the innovator a temporary
monopoly on the use of the innovation. This prevents rapid imitation that could
cut into the innovator's returns and decrease the incentive to innovate. By
restricting imitation, however, IPRs arguably raise the cost of the new
technology and restrict its availability. This may, in turn, retard further
progress in the technology by preventing other firms from developing new
innovations or improvements that build on the original innovation in a
cumulative way. If the new technology has productivity-enhancing effects when
used in economic activity, these too may be retarded by the protection of the
Thus, IPRs inherently embody a policy conflict between the objective of
providing an incentive to technological innovation and the objective of
encouraging the rapid diffusion of new technology and the accumulation of
technological knowledge. These competing objectives also represent powerful,
competing economic interests—from R&D-intensive and non-R&D-intensive firms at
one level, to the industrialized, newly industrialized, and developing countries
Governments have generally recognized, at least implicitly, the tradeoffs that
are involved in IPR laws, and each nation has established national IPR systems
that attempt to strike a balance between competing objectives that is deemed
appropriate for its national economic, political, and social context. It is
important to note in this regard that IPRs are primarily a matter of national
jurisdiction (i.e., the protection offered to an innovation is governed by the
laws of the nation in which the innovation is made, used, or sold).
example, a patent obtained from the U.S. Patent and Trademark Office provides
protection only within the territory of the United States. If a company is doing
business in another country, it must file for and obtain IPR protection in that
country. Moreover, the protection offered by that country's laws in many cases
is not as strong as U.S. IPR protection. Although international IPR conventions
exist, they do not establish specific rights. Instead, the extant international
agreements attempt merely to ensure that, in any given country, foreign
inventors receive the same rights as those granted to local inventors.
The protection offered by IPRs has never been complete, and for that reason many
observers have criticized the idea that they grant even a temporary monopoly.
Moreover, there has always been a tendency for some countries to seek to use IPR
laws to favor domestic firms over foreign ones. (The major international IPR
conventions are aimed at controlling this behavior in the interest of
encouraging international trade.) Recent changes in global science, technology,
trade, and economic development have, however, strained even further the
effectiveness of IPRs in protecting S&T innovations.
In an effort to accelerate their rate of economic development and increase their
level of wealth in the short term, some governments have, for example,
conveniently looked the other way when products or technologies are copied or
used without permission. Many of these governments argue that some degree of
protection from the need to pay for the use of ideas or technologies developed
elsewhere is required if they are successfully to promote the maturation of
so-called infant industries, whereas others contend that their countries cannot
afford to pay the monopoly prices charged for technology protected by IPRs.
Some of the most significant emerging technologies including those in the areas
of information, electronics, communications, and the new biotechnology—do not
fit neatly within existing categories of intellectual property rights. They may
force a reevaluation of current approaches to protection at national and
Computer software is expensive to develop but relatively easy
to copy, conditions that make it highly vulnerable to infringement of
intellectual property rights.
Semiconductor chips pose somewhat similar problems with
respect to existing forms of intellectual property protection. Like computer
software development, designing and preparing masks for chip manufacture are
expensive, but reproducing masks is relatively simple and inexpensive. The basic
technology for manufacturing chips is well established, so it is difficult to
establish novelty or no obviousness as is generally necessary for patent
protection. Yet, a chip design is usually too functional to meet the
requirements for copyright.
The New Biotechnology:
The main forms of intellectual property that are relevant
to inventors and companies working in the new biotechnology—for example, rDNA,
cell fusion, and novel bioprocessing techniques—are patents, plant breeders'
rights, and trade secrets. Biological and medical inventions are excluded from
patent protection in many countries. Whereas U.S. patent law, as a result of
Diamond v. Chakrabarty
, allows for the patenting of a broad range of subject
matter, including plants and animals, the laws in Europe and Japan generally do
not. The European Patent Convention, for example, prohibits patent protection
for plant or animal varieties or essentially biological processes for the
production of plants and animals
In the development of the internet, one can point to landmark events that can be
used to divide the process into stages. Among these important landmarks are the
creation of the first wide-area computer networks in the 1960s, the development
of an electronic mail system in the 1970s, the creation of Ethernet later in
that decade, the launching of the world wide web in the 1990s and the creation
of the first browsers and search engines later in that decade, among others.
Following each of these hallmark developments, the internet changed in a
dramatic way. Each step was pivotal in creating the internet that we know and
rely on today.
Evolution of Blockchain
A Block chain is a term that as has come to mean many things to many people. For
developers, it is a set of protocols and encryptions technology for a secured
storing data on a distributed network. For business and finance it is a
distributed ledger and the technology underlying the explosion of new digital
For technologists, it is the driving force behind the next
generation of the internet. For others, it is a tool for radically reshaping
society and taking us into a more decentralized worked. Whichever you may look
at it, Block chain has become a term that captures captive the imagination and
fascinates many as the implications of such technology are truly profound. For
the first time in human history people anywhere can trust each other and
transact with a large peer to peer network without centralized management.
is established not by centralized instructions by protocols, crypto currency and
computer code. This greatly strengthens such capacity for collaboration and
corporation between organization and individuals within peer to peer network
enabling us to potentially form global network of collaborations without
centralized formal institutions.
A Block chain is so called emerging technology that is currently facing very
rapid evolution. Within a space of just 2-3 years it has already gone through
changes in the technical implementation and our understanding of what it is and
can be. A Block chain is much more than a technology. It is also a culture and
community that is passionate about creating more equitable world through
decentralization. It is a movement to disrupt the disrupters, to redesign the
internet and in so doing shake up existing centralize incumbents.
On its basic level, Blockchain is a new class of information technology that
combines cryptography with distribute computing both of which existed for a
number of decades. It was a genius of Satoshi Nakanoto to combine them in new
ways to create a model where network of computer collaborate towards maintaining
a shared and secured database. As such we can say the Block chain as the
technology is simply a distributed secure database.
This database consists of a
string of blocks, each one a record of data that has been encrypted and given a
unique identifier called the hash mining computers in the network validate
transactions add them to the block they're building and then broadcast the
completed block so that all have a copy of the database because there is no
centralized component to verify the alternation to the database. The Blockchain
depends upon a disputed consensus algorithm. In order to make an entry into the
Blockchain database, all the computers have to agree about its state so that no
one computer can make an alteration without the consensus of the other.
Basics of Artificial Intelligence and Machine Learning
Machine learning portrays a lot of methods that are ordinarily used to fathom
an assortment of true issues with the assistance of PC frameworks which can
figure out how to tackle an issue as opposed to being expressly modified. By and
large, we can separate among solo and directed Machine learning . For the
course of this work, we center around the last mentioned, as the most-broadly
utilized strategies are of directed nature. As to directed Machine learning.
Learning implies that a progression of models (past experience) is utilized to
manufacture information about a given assignment. Albeit factual techniques are
utilized during the learning procedure, a manual change or programming of rules
or systems to take care of an issue isn't required. In more detail, (directed)
Machine Learning procedures consistently intend to fabricate a model by applying
a calculation on a lot of realized information focuses to pick up understanding
on an obscure arrangement of information.
Learning in general depicts a key facet of a human's cognition which
refers to all processes by
which the sensory input is transformed, reduced,
elaborated, stored, recovered, and used. Humans
process a vast amount of information by utilizing
abstract knowledge that helps us to better understand incoming input.
Due to their adaptive nature, machine learning models are able to mimic the
cognitive abilities of a human being in an isolated manner. However,
machine learning solely represents a set
of methods that enable to learn patterns in existing data,
thus generating analytical models that can be utilized inside larger IT
The topic of Artificial Intelligence (AI) is rooted in different research
disciplines, such as computer science, philosophy , or future studies . In this
work, we basically center around the field of computer science, as it is the
most important one in distinguishing the commitment of AI to computer based
intelligence and in separating the two terms. Artificial intelligence
examination can be isolated into various exploration streams. These streams
contrast from one perspective regarding the target of man-made intelligence
application (thinking versus acting), then again with respect to the sort of
dynamic (focusing on a human-like choice versus a perfect, sane choice).
differentiation prompts four examination flows which are delineated in Table 1.
As per the Subjective Displaying (for example thinking humanly) stream, a
simulated intelligence must be a machine with a psyche. This likewise
incorporates performing human reasoning, not just founded on a similar yield as
a human when given similar information, yet additionally on similar thinking
steps which prompted the very end.
For this situation, the terms sound and shrewd are utilized conversely in
related work The Laws of Thought stream (for example thinking sanely) requires
a simulated intelligence to show up at the levelheaded choice in spite of what a
human may reply.
Computers have been utilized inside the field of instruction for a long time,
frequently with frustrating outcomes. Be that as it may, later and flow research
inside the field of man-made brainpower (AI) is positively affecting instructive
applications. For instance, there now exist ICAI (Intelligent Computer-Assisted
Instruction) frameworks to instruct or coach a wide range of subjects; a few
such frameworks are examined in this. Notwithstanding CAI (Computer-Assisted
Instruction) frameworks, we talk about the improvement of learning conditions
that are intended to encourage understudy started learning.
A third significant application is the utilization of master frameworks to help
with instructive finding and appraisal. Throughout our conversation of these
three significant application zones, we demonstrate where AI has just assumed a
significant job in the advancement of such frameworks and where further
exploration is required so as to conquer current constraints. Presentation
Computers, especially microcomputers, are currently in broad use inside the
instructive framework. Notwithstanding their utilization in showing programming
abilities, they are utilized in instructional and analytic jobs inside an
assortment of branches of knowledge.
A Computer can likewise be utilized as an instructive asset (comparable to a
library or research center), just as a methods for keeping up information bases
of understudy data. Of all the potential employments of Computers inside
training, the application which has gotten the most consideration is the
utilization of the Computers inside the instructional job. In spite of the
multiplication of CAI programs available, there are not many that genuinely
warrant use inside the study hall.
Most of CAI frameworks experience the ill
effects of a few confinements:
- an inability to conduct conversations with the student in the student's
- an inability to understand the subject being taught, thus being unable
to accept unanticipated responses;
- an inability to decide what should be taught next;
- an inability to anticipate, diagnose, and understand the student's
mistakes and misconceptions;
- an inability to improve or modify current teaching strategies or learn
Many of these shortcomings correspond to issues that are addressed within
major research areas of A1, such as natural language understanding, knowledge
representation, planning, expert systems, and learning. Not surprisingly, recent
advances in A1 are having an impact on the quality of CAI programs currently
being developed. We illustrate this point with a brief discussion of particular
The present framework of machine learning and its role within intelligent agents
is still on a conceptual level. However, given the misunderstandings and
ambiguity of the two terms, we see potential for
further research with the aim both to clarify the terminology and to map
uncharted territory for machine-learning enabled artificial
intelligence. First, empiric validation as well as continuous, iterative
development of the framework is necessary.
We need to identify various cases of
intelligent agents across different disciplines and to evaluate how well the
framework fits. It would be interesting to see how practical and
academic machine-learning-enabled artificial intelligence projects map to the
framework, and, furthermore even quantify which share of such projects works
with learning agents and which with non-learning agents.
Second, one aspect of interest would be to reduce the necessary involvement of
humans. As stated before, we see this spectrum as a continuum between human
involvement and agent autonomy. Two possibilities come immediately to mind. The
methods of transfer machine learning deal with possibilities on how to transfer
knowledge (i.e., models) from one source environment to a target environment.
This could indeed help to minimize human involvement, as further research in
this field could show possibilities and application-oriented techniques to
utilize transfer. Degree of agent autonomy and human involvement machine
learning for automated adaption of novel or modified tasks
Future of Drones, analysis on its security and privacy risks and other
The number of drones in the air is expected to increase rapidly in the coming
years. This will put enormous pressure on the systems of permits and exemptions
that most countries require for drone use. Large numbers of drones will also put
the enforcement of such rules under pressure.
Banning drones from society is not
a realistic option. Thus, properly regulating the use of drones in order to
avoid or minimize the risks associated with the use of drones becomes critical.
Expanding the possibilities for drone use while maintaining safety requirements
would meet the demands of particular drone user groups and would help to
regulate technological developments.
This chapter addresses how to regulate the
use of drones in the future by considering conditions and contents of future
drone legislation and by analysing privacy and other potential safeguards
regulating drone use. Conditions for future drone legislation include creating
policy visions, further integration of aviation laws, telecommunication laws,
privacy laws and criminal justice laws, regulation on international levels,
mandatory evaluations and (to some extent) technology-independent legislation.
Future drone legislation should focus on aviation law, privacy law, liability
law and criminal law. Privacy safeguards for drones should include privacy
impact assessments and the use of privacy by design, most notably geofencing.
Other safeguards could include mandatory education for some groups of drone
users as well as raising public awareness of drones and their capabilities.
Although not categorically mentioned as a constitutional right, the honourable
Supreme Court of India (the Supreme Court) at several occasions such as in the
- Kharak Singh v. The State of Uttar Pradesh,
- Gobind v. State of Madhya Pradesh and
- R Rajgopal & Anr v. State of Tamil Nadu
has recognized Right to Privacy
as a part of the Right to Life and Personal Liberty
guaranteed under Article 19 and Article 21 of the Constitution of India. At
present, the Right to Privacy Bill is currently at a consultative stage in
the Parliament. Simultaneously, there is a writ petition pending in the
Supreme Court, challenging the use of biometric traits for identification
purposes, which requires considering whether Right to Privacy
is a fundamental right of an
individual guaranteed under the Constitution of India.
The other legislations
providing for interception such as the Indian Telegraph Act, 1885 (the
Telegraph Act) and the Information Technology Act, 2000 (the IT Act) lay
down certain safeguards for preservation of civil liberties including privacy
and expression rights. The government should factor these safeguards into
consideration while deliberating on regulation of drones. The Telegraph Act
provides the framework for authorized phone tapping. Under Section 5(2) of the
Telegraph Act, an order for tapping can only.
The IT act provides for exhaustive rules for authorized monitoring of
information stored on any electronic devise or computer. The provisions for
interception, i.e. Section 69 and Section 69B draw their language from the phone
tapping provisions under the Telegraph Act.
As previously mentioned, drones amongst other things will also be used for
investigation purposes, giving rise to concerns relating to unwarranted targeted
or mass surveillance. Use of photography or filming technology by drones, may
lead to unauthorized breach of privacy rights.
The absence of adequate safeguards and guidelines as for the utilization of
drones has raised a few concerns. These identify with issues, for example,
government overextend, information collection and attack of security out in the
It is basic that these worries are recognized and tended to proficiently by
Unauthorized surveillance: It is well known that drones can be easily utilized for mass surveillance
This is to be comprehended in setting of computerized advances that mean to
reform our day by day lives, by having more point by point records about
those lives. In the name of national security and fear based oppression,
observation systems are used to track and profile the residents by the state
too and private offices. By the ideals of their plan and size, drones can
work undetected, permitting the client to screen individuals without their
For occurrence, there are drones with too high goals gigapixel
cameras that can be utilized to follow individuals and vehicles from heights
as high as 20,000 feet. They can convey gear for example, counterfeit
towers, which can break Wi-Fi codes and block instant messages and mobile
phone discussions without the information on either the correspondence
supplier or the client. Drones outfitted with cutting edge innovations can
enter test systems and gather decoded information and even set up
Data Aggregation: Data mining/ aggregation to the strategy Data mining/ aggregation refers to thetechnique of matching different data sets
to draw inferences to learn new things and make predictions about the data
subjects.28 Apart from monitoring, drones amass large amounts of personal data,
which can be very crucial to an individual's privacy. Post collection, the
aggregation of drone-collected data with other personal information such as bank
account details, telephone number, bio metrics, etc. obtained from other
resources can entaila unique privacy infringement beyond the mere collection of
those individual data sets.
Hacking: The drones used by the government for maintaining law and order and for
patrolling the borders, generally contain sensitive information. However,
like every computer resource, drones are also prone to getting compromised.
There have been previous instances where even the high-equipped patrolling
drones have been compromised. Hence, there is a need to ensure that adequate
measures are taken to maintain high encryption standards for the data stored
on the drones and strict punishments and penalties are prescribed for
unauthorized hacking of drones.
Potential Security Hazards: The opening up of respective national skies for the private and domestic use
of UAVs (Unmanned Aerial
Vehicles), also gives rise to the risks of possible accidents caused by
collisions, battery failures, loss of navigational control or other equipment's
etc. The operation of UAVs is significantly different from that of the
conventional aircrafts. Drones pose a similar risk of injury on grounds caused
due to crash impacts. A drone can crash into a populated area due to a system
failure or unauthorized third party interference, leaving people on the ground,
However, the use of drones for surveillance cannot be rejected entirely, as it
significantly helps law enforcement agencies in restricting unlawful activates
and promoting national security. Therefore, an effective balance should be
accomplished between the security and privacy concerns while guaranteeing
adequate adaptability to profit assortment of helpful drone employments.
imperative to make reference to that drones at a few cases gather a great deal
of delicate what's more, individual information of people or characterized data,
which whenever bargained can lead to antagonistic ramifications for a people's
security rights. As to assortment of information by drones, the enactment ought
to accommodate protects, for example, commanding high encryption principles,
arrangement for assent provision for assortment of data, information maintenance
strategy and so on.
The enactment for drone administration, similar to the
Telegraph Act and the IT Act should set down sufficient shields against the
unjustifiable assortment and maltreatment of information by the administration
just as by private players in the business.
Efficient Methods to acquire Patents
Patents confer rights and when you have rights you have an asset that can be
sold or licensed. But you will have an asset that can in some circumstances be
sold or licensed even before you actually obtain a patent. Increasingly more and
more companies are looking for outside ideas and inventors can and do strike
deals before a patent is issued.
It is safe to say that in most, if not all of
those cases a patent application of some sort will be applied for and form the
basis of the deal, which will become about acquiring rights you may ultimately
obtain as the patent application matures into an issued patent. Of course, the
journey starts with a patent . If you can get a patent you can get more,
assuming you have a well drafted patent application that appropriately describes
your invention in its full glory with discussion of alternatives and variations.
With all this in mind, let's talk about getting a patent. There may be instances
where getting some patent protection quickly could be beneficial. That will not
necessarily be the right strategy for everyone, so it is probably wise to
consult a patent practitioner and/or an inventor coach who can help you plot and
navigate the right strategy for your invention and business objectives.
Figure 2 Procedure for the grant of Patent
To obtain a patent, follow these steps:
On receiving a request for examination, the Controller refers the application
and specification and other documents to the Examiner, ordinarily within 1 month
from the date of its publication or 1 month from the date of request for
examination whichever is later.
The examiner submits the report to the Controller ordinarily within one month
but not exceeding 3 months from the date of reference of the application by the
The Controller would then dispose off the report ordinarily within one month
from the date of receipt of such report and issue the first examination report.
The first examination report is issued ordinarily within 6 months from the date
of the request for the examination or 6 months from the date of publication
whichever is later.
Time for putting the application in order for grant under section 21 is twelve
months from the date of receipt of first examination report. No extension of
time is permissible. Therefore, it is necessary to comply with all the
requirements and objections raised by the patent office within twelve months
from the date of first examination report.
Once all the requirements are met with and the examiner is satisfied with the
arguments and amendments of the applicant, the application proceeds for grant.
The grant is notified in the Patent Journal, published weekly by the Indian
patent office. The post grant opposition proceedings may follow within one year
from the date of said notification.
A Critical Analysis of Patent Laws
Patent is a statutory right which is given for an invention for a limited period
of time to the patentee by the Government, in exchange of full disclosure of
their invention for excluding others, from making ,using , selling , importing
the patented product or the process for producing that product without their
Patent aggregation is not an unheard phenomenon—the practice of acquiring
patents in order to benefits from their trade or from licensing fees has a long
history going back to the middle of the nineteenth century when trade in
Patent Law in India is governed by the Patents Act 1970 and since then there
have been a number of inventions the law is extremely serious about granting
Patents. An invention which is frivolous in nature or contrary to the
well-established is rejected immediately. At times people claiming patents for
frivolous inventions need to pay heavy amounts of fine. The Patent must be
capable of commercial exploitation but it must not be against public order or
A patent should benefit the society in some manner. The most important thing
relating to a patent is the fact that the information about the product or the
process must not be in public knowledge. The documents Formulating an Intellectual Property Development Strategy for Enterprises
and The Role of IPRs in the Promotion of Competitiveness and Development of
provide some insights on how to develop a patent strategy for your SME.
In many cases, where an enterprise has merely improved an existing product and
the said improvement is not sufficiently inventive to be deemed
patentable, utility models (or petty patents or utility innovations) may
represent a good alternative, if available in the country in question. On
occasions, it may be advisable for your SME to keep its innovations as trade
secrets which requires, in particular, that sufficient measures are taken to
keep the information confidential.
It is highly advisable for SMEs engaging in inventive activities to consult
patent databases to find out about existing technologies, identify licensing
partners in case a technology already exists and avoid duplication of research
But recent high profile instances in which intellectual property (IP) has been
acquired, in particular by non-practicing entities such as the patent aggregator
Intellectual Ventures (which holds a portfolio of approximately 30,000–60,000
patents), has led to renewed debate about the most appropriate incentives for
promoting innovation. Patent law is based on the idea that a temporary monopoly
is a necessary reward for innovative effort and that short run deadweight loss
is tolerable in return for incentives to invent. Patent aggregators may curb
incentives to invent by rent-seeking from creative inventors. According to this
view, they distort the patent system and undermine the IP marketplace.
Although the effect of patent laws on innovation may be negative beyond some
threshold level, few authors go as far as suggesting that patent systems should
be abandoned altogether. Patents have negative consequences because they negate
competition and are generally unnecessary. Innovative industries such as
software have developed largely without the use of intellectual monopoly.
Furthermore, they maintain that empirical arguments in favor of patents in the
scholarly literature are weak. There is no empirical evidence that [patents]
serve to increase innovation and productivity, unless the latter is identified
with the number of patents awarded—which, as evidence shows, has no correlation
with measured productivity.
However, while numerous critical remarks are made on the patent aggregators for
misusing authentic inventors, a progressively ideal understanding of their
exercises is that they are middle people overcoming any barrier
between inventors and firms in the market for innovation.5 A vibrant market for
ideas leads to expectations of payoffs. These payoffs, in turn, provide
incentives for new research and development, which promotes technological
advance. The upshot of the debate is that arguments can be constructed that go
both ways. Patent aggregators either undermine the very foundations of IP or
they are a necessary prerequisite for innovation markets to develop and
Over centuries, India is known for rich history, culture and heritage of
scientific and Traditional knowledge. In recent days, India has played a key
role in stimulating research and innovation capabilities in multiple sectors and
encouraging the IPR activities. No doubt, India earns huge revenues through IPR
but also follows stringent rules protect creativity or innovation. As a result,
total number of patents granted in India was 69,745 over the last 10 years with
a rejection rate of77.94% of patent applications which is high when compared to
China, Japan, Korea and Twain.
It indicates that India has stringent patenting system, policies and enforcement
system to protect IPR laws. States where Patent Offices are located, industries,
academic and research institutes have shown considerable role in producing
patents. Over last decade, streams like chemical and mechanical engineering were
given high priority in producing patents than the fields of bio-technology and
However, India has shown considerable increase in learning and improving science
research and innovation capabilities at domestic and global levels. Further,
creativity and innovation act as a business discipline in the Indian educational
system to generate sustainable growth and development.
India has always acknowledged the importance of a strong patent system for the
development of industry and commerce, which is evident for the amendments done
to bring India at par with the modern world. With the promulgation of the
product patent regime in India, most of the countries are now looking for
business opportunities. There has been a considerable rise in the patent filing.
Innovators and inventors from all fields of technology are keen on protecting
their intellectual property.
Drones are the spectacular gifts of technology. Their expansion at large scale
is inspiring almost all the countries to develop their drones for different
applications. A drone of today is a combination of all advanced technologies
like microcontrollers, GPS, Wi-Fi, and sensor units. They need to work in a
synchronized fashion which is giving business to many companies and start-ups.
Besides, the profusion of drone kits, easy to learn programming languages, and
course material on the internet makes it easy for novices to build and code a
The role of the government is vital in such a scenario to enforce the
development of low-cost detection systems. Such systems should be advanced
enough to spot malevolent drones and to build strong regulations. Lest the
trespassers will misuse this precious technology.
Despite their limitations and imperfections, patents will continue to be the
cornerstone of the IP legal architecture into the future. Nevertheless, laws
relating to this critical policy area should be constantly refined and revised
to offer greater flexibility in the face of rapidly changing industry
circumstances and current patterns of technical change. Getting innovation
incentives right is essential for encouraging technological development and the
process of economic growth.
Advantages of owning patent would be:
- You own the invention for given time (20 years)
- You can use it to build a business
- Rent it (in this case license it) to existing businesses
- Exclude all others for using, selling, offering for sale and importing
your invention in your country.
- You can completely sell the patent to other company.
- Thus businesses and inventors can have a complete monopoly and
- https://youtu.be/bleme1yyLgk - Intellectual Property: Patents
- Machine Learning in Artificial Intelligence: Towards a Common
Understanding By:- Niklas Kühl Karlsruhe Institute of Technology [email protected],
Marc Goutier Karlsruhe Institute of Technology [email protected], Robin
Hirt Karlsruhe Institute of Technology [email protected], Gerhard Satzger
Karlsruhe Institute of Technology [email protected]
- Researchgate article: AI and Machine learning F.Khalil, M.Foad Ain Shams
- Unravelling the Future Game of Drones- Nishith Desai
- Researchgate article; Flying to New Destinations: The Future of
DronesBart CustersBart Custers
- What the Drones of Future Can Do- Bharti Jain
- https://youtu.be/0SS0B9lY30s- patent procedure , time line and cost of
patent filing in India short introduction