Frequently Asked Questions
1. I want to patent my invention. How do I know that such a patent is not filed by anyone else in the past?
Ans:- To find out the prior art related to your invention you have to conduct a patent search using various methodologies, for example by creating a key string using Indian patent search, WIPO patent search, US patent search, EPO patent search, Google patents search. There are some professional databases also such as Derwent by Clarivate Analytics.
2. What should I do if I have an idea or invention worth protecting?
Ans:- Have a look at the Intellectual Property Rights Cell website (https://www.iitr.ac.in/ipr/) about where to start and for IP Filing. kindly fill the Form 2 for Complete and Form 15 A & B for provisional Specification along with list of experts (03 internal i.e. outside the dept. and 03 external i.e. within the dept.) with a cover letter forwarded by concerned head of the department and send it to ipr-cell@iitr.ac.in / adii@iitr.ac.in for further process.
3. What is the Complete Specification?
Ans:- A complete specification is filed when the invention has taken the final shape and is ready to be filed in a complete manner. A complete application will contain claims which define the scope of your invention.
4. What is Provisional Patent Specification?
Ans:- A Provisional patent application is generally filed when the invention has been conceived but more work needs to be done on the invention to perfect it. This is also known as ‘idea patenting’. Once a provisional application is filed, the applicant has a time period of 12 months to perfect his/her invention and file the complete application.
5. I am a student of IIT Roorkee. Do I need a faculty member as one of the inventor with me for filing patent?
Ans:- You can file patent without any faculty member as co-applicant in your application. However, you should ensure that no faculty member is involved in the proposed invention.
6. Can I as an IITR faculty/ staff, want to file IP as a co-author with other Institutes?
Ans:- Yes, you can file IP with other institutes by taking NOC from Dean SRIC/ ADII.
7. Can a faculty member who has funding file her /his own patent?
Ans:- While this process has to be ratified by the ADII, YES, a faculty member can proceed with filing her /his own patent if they have funding. The disclosure will however have to be submitted to IPR Cell and the patent still belongs to IITR. Once you submitted the application, IPR Cell will put the inventor with an attorney who can then assist the faculty member in filing an application.
8. Can I file a patent in my name?
Ans:- No. All patents are filed in the Institute’s name.
9. Who will be the owner if the IP is the output of the collaborative research work?
Ans:- If IP generated as an output of the collaborative work or from a project, it depends upon the norms and conditions imposed in MoU/ project with the collaborative partners.
10. What is the difference between Authorship vs Ownership of IP?
Ans:- Those who contribute intellectually are the authors of an IP. Those who enable it by providing funding and infrastructure are the owners. For example, IITR faculty members are authors whereas IITR is the owner. Somebody from outside of IITR who also contributes to the IP will be a co-author but not necessarily an owner. His /her organization might possibly become a ‘co’ or joint owner depending on the MOU signed. In the absence of an MOU, IITR is the sole owner of all IP generated from IITR.
11. Is new idea patentable or is it required a complete implementation?
Ans:- An idea is not patentable by itself. However, you can refer answer of question 4 above to get more insight.
12. What is the help provided by IPR cell in patent/IP filing?
Ans: IPR Cell is single window system for your IP needs. Student/ Faculty member/ Staff of IIT Roorkee can approach IPR cell for filing Patents, Copyrights, Design etc. IPR cell will evaluate the invention and recommend the invention for protection. On the recommendation of IPR Cell and approval of Dean, SRIC, IIT Roorkee, Institute will provide full financial support for IP filing.
13. What will be the role of inventor (s) in the process of patent filing?
Ans: Inventors will submit completed forms (as applicable) to IPR Cell, contact approved IPAC members for IPAC meeting, present and satisfy queries of IPAC members, submit complete disclosure to authorised attorney with approval letter from IPR Cell, continuously respond to queries of IP attorney, and respond to queries of examination reports of patent office.
14. Who will support financially for the filing process?
Ans:- The financial support for the patent filing is from IIT Roorkee in accordance with IITR IP regulation.
15. Could I publish my research findings after filing for patent?
Ans:- Yes. The filing gives a legal protection for your invention.
16. Could I present or publish any of my research findings before patenting?
Ans:- Once your patent application id published, you are free to publish the findings in research papers. However publishing results before publication of patent application will negatively impact “novelty” clause of patent eligibility.
17. Is patenting meant for Science graduates only?
Ans:- No, whoever having the novel invention is eligible for patent filing. Imagination and ideas have no border.
18. What are the scopes for student of Arts in IP?
Ans:- Inventions can be done by experts of any discipline. However, students and faculty members of humanities disciplines can use copyright protection for their creative writings.
19. Can I contact a patent attorney directly on my own if I am funding my own IP?
Ans:- As a student, faculty member, or staff of IITR, you are governed by IPR policy of the Institute. So you have to route your application through IPR Cell.
20. When a patent application published and what is the role of publication?
Ans:- Generally, a patent application gets published after 18 months from the priority date of the patent application. However, if an applicant wishes to get the application published before 18 months, he may get the application published earlier by filing a request in the patent office for early publication. The rights of a patentee start from the date of publication of the patent application. Hence, some applicants get the patent application published early.
21. Can I file a Patent Application outside India?
Ans:- Yes, but no person or company having a place of residence in India can file a patent application outside of India unless he /she has secured a Foreign Filing Permit / permission from the Indian patent office to do so or has filed a patent application in India and six weeks have passed since the application was filed in India.
22. Is there any way to cover the patent globally?
Ans:- Patent is territorial right in nature. To get global coverage, file the patent application in World Intellectual Property Organisation (WIPO) through Patent Cooperation Treaty (PCT) and based on PCT report you can file separate application for designated countries.
23. What is Patent Examination?
Ans:- Patent examination is an activity carried out at the patent office. Subsequent to filing, a patent application and a request for examining the patent application, the patent office carries out patent examination. Patent examination is carried out by a patent examiner, and generally, the patent examiner will have necessary qualification/experience in the technology to which the invention relates. During patent examination, the examiner determines whether the invention fulfils the criteria that are set forth for an invention to be patentable. Some of the criteria being, novelty, inventive step, industrial application and acceptable subject matter, among others. Based on the examination, the patent office issues an examination report. During patent examination, depending on the actions taken by, the applicant of the patent and the patent office, several examination reports may be issued.