IPR STARTUP PRESENTATION FOR STARTUP VENTURE

IPR STARTUP

1. Intellectual Property Rights
(IPRs)
& IP Management for Startup
16.04.2024
Dr. S. Gopinath, M.E., Ph.D., MIEEE., MISTE.,
Professor & Head
Department of ECE
Karpagam Institute of Technology
Coimbatore – 105.

2. Intellectual Property
Rights
Intellectual Property Rights
(IPR) are the rights given to the
persons over the creations of
their minds.

3. IP as intangible property
Tangible property
Land, houses, estates,car
Intangible property
-intellectual property
Intangible wealth, easily appropriated and reproduced, once created
the marginal cost of reproduction is negligible

4. Why IP protection is given
Capital expenditure for new products
Research and Development
Marketing and advertisement
No free loaders
Maintaining loyal followers
profit

5. IP as a property
Can be sold
Can be bought
Can be lease or rent
Can pass under a will
Can be assigned

6. Intellectual Property Rights
6
“INDUSTRIAL PROPERTIES”
•PATENTS
• INDUSTRIAL DESIGNS
• TRADEMARKS
• TRADE SECRETS
•GEOGRAPHICAL INDICATORS
•COPYRIGHTS

7. The Laws For Intellectual Property
Protection
Copyright Act 1987
Trademarks Act 1976
Patent Act 1970
Industrial Design Act 1996
Geographical Indications Act 2000

8. Patents
Exclusive right for being the true and first inventor of a product
or process, granted by the govt. for a limited period, to exclude
others from making, using, selling or importing the patented
product or process with out his consent, in exchange of full
disclosure of his invention.
Term: 20 years from the Date of Filing
Total Number of Patens Filed in India : 66,440
China – 6,95,400
Gurtej Singh Sandhu 
holds the record for the most
patents by an Indian. He has over 1340 utility patents and
is Senior Fellow and Vice President at Micron
Technology. He works in the field of Electrical
Engineering

9. Patent jurisdictions
A patent is only valid in the jurisdiction in which it is granted.
Mumbai
Chennai Patent office branches
New Delhi
Kolkata
World Intellectual Property Organization -1967
Patent Cooperation Treaty – 1970
World Trade Organization - 1995

10. What is Patentable?
Product
Tools/Apparatus for producing the product
The process
The composition of matter
Methodology

11. Documents required for filing a
patent application
Application Form (Form 1)
Specification (Provisional/ Complete) (Form 2)
Drawings
Undertaking under section 8 (Form 3)
Power of Authority

12. Drafting patent application
Title of the application
Background and summary of the invention
Abstract and Drawings
Elaborate description of the designs and drawings
Patent Claims
Cross-reference to related applications

13. Trade Secrets
A trade secret is something that offers an advantage in business if it keep as a
secret.
A trade secret can be a client list, the formula for a product, etc.
A trade secret does not have to be patentable, but it must be capable of being
maintained.
For instance, a client list can be protected by computer password, and the
formula can be safeguarded by disclosing it to a limited number of people.
Trade secrets are not registered with any government or other agency.

14. 14
TRADE SECRET
A typical example is Coca-Cola. This soft drink was
invented in 1886 and was never protected by a
patent, only by a trademark (for the name Coca-Cola)
and by an industrial design (for this very special
design of the Coca-Cola bottle, supposed to be in the
shape of a woman wearing a long skin-tight dress).
The process of the Coca-Cola drink is secret and is
only known by two persons in the world. They are not
allowed to travel together, so that there is no chance
of them dying at the same time in an accident. The
secret of the Coca-Cola process was well kept during
all these years, and nobody is able to produce a drink
with exactly the same taste still today. You all know
that Pepsi Cola, its biggest competitor, has a different
taste.

15. Copyrights
Copyright means exclusive
right to do or authorize
others to do certain acts in
relation.
Permission is needed to
reproduce the copyrighted
material.
“COPYRIGHT”
• LITERARY
• NOVEL
• POEM
• PLAYS
• FILMS
• MUSICAL
• ARTISTIC
• DRAWINGS
• PHOTOGRAHS
• PERFORMING ARTS
• SCULPTURES
• SOFTWARE

16. Copyrights
Term: Author's life plus sixty years (Books)
60 years (Films, photographs)
25 years (Broadcasting)
It protects the publications of the studies.
Information provided by the drug companies
may be protected by copyright law.

17. Geographical indications
It should have a special quality or characteristics or reputation
based up on the climatic or production characteristics unique to
the geographical location.
The registration of a geographical indication is from a period of 10
years.
Renewal is possible for further period of 10 years each.
150 GI tags for agricultural and food products
Examples: Kancheepuram silk, Darjeeling Tea, Solapur,
Chaddar, Mysore Silk, Kullu Shawl etc

18. Geographical indications

19. GI Award

20. Design
The protection only for the appearance of
the article and not how it work.
Design registration protects designs having
industrial or commercial use.
Designs of stamp, labels, tokens, cards, or
cartoons and part of an article sold
separately can not be registered.
Duration protection- 10 years and
extendable for another term of 5 years.

21. Trade mark
A trade mark is any design that can distinguish
the goods of one trader from those of another.
It includes words, logos, pictures, or combination
of these.
A trademark is used as a marketing tool for
product positioning.
The notion ® may be used for the trademark
only if it is federally registered.
Term: 10 years

22. Trade marks (cont.)
Can either be registered or not registered.
Advantages of registered trade marks.
Application can be made for goods and services.
Perform certain function such as indication of quality, identifying a
trade connection.

23. Patent Search
Text search
Simple search
Advanced search
Syntax (command based)
Number search
Structure search

24. Patent Search Tools
Paid Free
CASWEBDelphion Intellectual https://
ipindiaservices.gov.in/
publicsearch
https://
worldwide.espacenet.com/
patent/
PATENTSCOPE® search
service
MicroPatent JPO IPDL
SurfIP.com USPTO PatFT/AppFT

25. ipindiaservices – Patent Search page

26. Infringement
Infringement of a patent occurs when a competitor makes uses, sells, offers to
sell or imports an embodiment of the invention with out the permission of the
patent owner.
Types:
Direct infringement
Indirect infringement

Consequence of Infringement
Injunction, which means that all your products may be removed from the
market.
Destruction of your products.
Paying damages to the patent owner.
Being sent to imprisonment.

27. Registration Fees

28. IP Management for Startup
What is a Start-Up?
 
Any entity incorporated or registered in India not prior to five years,
with an annual turnover not exceeding 25 crore rupees in any
preceding financial year and working towards innovation, development
or commercialization of new products, processes or services driven by
technology or any other form of intellectual property will be deemed to
be a Start-Up. At this juncture, it is essential to note that an entity
would cease to a start-up after five years or once its turnover exceeds
25 crore rupees.

29. SIPP: Benefits
The primary objective of the SIPP
scheme is to promote awareness
and the adoption of IPRs among
start-ups. The scheme is exclusively
designed to nurture emerging
technologies in startups and assist
them in protecting the same while
deriving maximum commercial
benefit out of it.
 

30. SIPP: Benefits
In furtherance of this objective, The
SIPP scheme helps start-ups to
register and protect their
intellectual property at charges
that are affordable and convenient
for them.
 

31. Availing the Benefits
To avail the benefits of the SIPP,
there are only two requisites!!
The
 primary requisite is that the
entity that seeks to avail this
scheme is that it should be
registered as a start-up with the
Start-Up Certification Board.
Second, such start-up should enlist
the help of a facilitator.

32. Facilitator? Who's that?
In order to assist start ups, the Government of India has appointed
facilitators. Facilitators are those empanelled by the Controller of
Patent, Trademark and Design (CGPTDM) and who are the ones
permitted by the Government to assist start-ups in protecting their
intellectual property.

33. What does a Facilitator do?
Provides general advice in different IPRs to startups on a pro bono basis.
 
Provides information with regard to protection and promotion of IPRs of
startups in other countries.
 
Provides assistance in filing and disposing off the IP applications with regard
to patents, trademarks, and designs.
 
Drafts complete or provisional specifications for inventions of startups and
other ancillary functions.
 

34. Does the Government claim a
right?
Absolutely not! As stated earlier, the primary aim of the SIPP scheme is
to promote awareness and the adoption of IPRs among start-ups.
Therefore, the facilitator and the Government cannot and will not lay a
claim on the intellectual property of the startup. It will be under the sole
ownership of the startup.

35. Conclusion
Intellectual property (IP) is a category of property that includes intangible
creations of the human intellect, and primarily encompasses copyrights,
patents, and trademarks etc.
The main purpose of intellectual property law is to encourage the creation of a
large variety of intellectual goods.
This gives economic incentive for their creation, because it allows people to
profit from the information and intellectual goods they create.
Setting up IP will be useful for initiating start-up.

36. References
1.https://www.slideshare.net/AnupriyaNR/intellectual-property-
rights-129311475
2.http://www.wipo.int/edocs/pubdocs/en/intproperty/450/
wipo_pub_450 .pdf
3.https://www.tutorialspoint.com/
information_security_cyber_law/
intellectual_property_right.htm
https://users.wfu.edu/mcfallta/DIR0/pharma_patents.pdf
4.https://patents.google.com/