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Patents and Disruptive Technologies (Blockchain, Artificial Intelligence, Machine Learning, Drones)

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.

It 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.

In the 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.

India has 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, 2013).

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 economy.

IPR in the context of Technological Landscape in 2020 and its expected relevance in Future

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 technological innovations.

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 economic growth.

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:
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 original innovation.

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 at another.

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).

Thus, for 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 international levels.

Computer Software:

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:

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 currencies.

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.

Trust 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 artifacts.

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).

This 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:

  1. an inability to conduct conversations with the student in the student's natural language;
  2. an inability to understand the subject being taught, thus being unable to accept unanticipated responses;
  3. an inability to decide what should be taught next;
  4. an inability to anticipate, diagnose, and understand the student's mistakes and misconceptions;
  5. an inability to improve or modify current teaching strategies or learn new ones.
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 systems later.

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 uncertainties

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 case of:
  1. Kharak Singh v. The State of Uttar Pradesh,
  2. Gobind v. State of Madhya Pradesh and
  3. 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 open.

It is basic that these worries are recognized and tended to proficiently by satisfactory guidelines:

  1. 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 insight.

    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 counterfeit passageways.
     
  2. 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.
     
  3. 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.
     
  4. 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, gravely injured.
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.

It is 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.

Procedure for the grant of Patent
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 Controller.

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 consent.

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 invention began.

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 public morality.

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 Enterprises 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 activities.

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 efficiently function.

Conclusion
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 food.

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 drone.

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:
  1. You own the invention for given time (20 years)
  2. You can use it to build a business
  3. Rent it (in this case license it) to existing businesses
  4. Exclude all others for using, selling, offering for sale and importing your invention in your country.
  5. You can completely sell the patent to other company.
  6. Thus businesses and inventors can have a complete monopoly and competitive advantage.

References:
  • http://www.ipindia.nic.in/
  • https://youtu.be/bleme1yyLgk - Intellectual Property: Patents
  • https://boldip.com/blog/advantages-disadvantages-patents/
  • https://www.ipwatchdog.com/2017/05/06/patent-strategy-patent-quickly/id=82966/
  • https://www.researchgate.net/publication/275644340_Intellectual_Property_Rights_in_India_Significance_of_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 University
  • 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

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