Learning about awareness of intellectual property rights helps innovators to protect their inventions and designs. Additionally, IPR provides them with better collaboration and funding opportunities. Young innovators need to know more about IP rules and rights for the following reasons:

Awareness of Intellectual property rights:

1. Increased need for IPRs

Demand for IP is growing, especially in developing countries. With an increasing focus on innovation, cross-border research and collaboration, it is necessary to learn about intellectual property rights in order to protect innovation among students. As countries turn to establishing and implementing sustainable development, the need to understand the importance of IPRs has increased. In modern times, research translates and transforms into services or products. IPRs helps the innovators to protect and sustain them in the market. If the inventions are patented and used to trade for beginners, it will provide a competitive edge for designers and entrepreneurs.

2. Integrating IPRs in curriculum

IPRs have various variations that include copyright, trademark, design and copyright, in which some aspects are more widely discussed in the educational community than others. Experts believe that essential awareness of the Creator’s rights should be developed for students from the school level. Students will grow into a professional world where they will develop and exercise IP rights, which is why it should be made part of school and university courses by developing expertise in the teaching profession.

3. Way forward

The Indian Institutes of Technology (IITs) continues to claim top patents, with 540 applications in 2017-18, followed by Amity University with 119 applications. The IPR ecosystem at non-university institutions across the country requires lengthy efforts to make students aware of the importance and processes of completion. Leadership in financial institutions presses developers/entrepreneurs to own their technology before requesting funding. Therefore, when an innovator chooses to file an IPR, it offers other benefits in addition to protection such as licensing, better collaboration and funding opportunities. The educational community needs a high level of sensitivity and exposure to patents and trade-offs. All academic and research institutions must also develop internal technologies to evaluate and apply for provisional patent applications and patented technology sales.

Young innovators must realise their importance as emerging designers and how can they contribute towards the betterment of the communities by creating products and getting them responsibly patent. For decades, India has been a good destination for MNCs to harness the power of bright young innovators. According to research, India has a fantastic talent of designers and researchers who have played a significant role in the growth of some of the world’s largest MNCs. Needless to say, educational institutions are deeply involved in making the dreams of the founders new. These institutions guide their students with research information using patents, making copyright books a rich and original source of advanced research.

Here are four things innovative students should keep in mind while filing for a Patent:

1. Always file for a patent under the guidance of an intellectual property attorney

Patents rights are the territorial rights that are granted by the respective IP offices. Any person or company (i.e. a company/partnership) can file the patent to exclude all other persons from making, using, or selling the invention for a specified period of time (up to 20 years). There are certain fees required to be paid in accordance with the requirements of the owner of the same patent. The Trademark, Copyright, and Design title is very large, and all students should apply for a contract and ask for the help of a single attorney to guide them through the whole process and submission.

2. Understand the nitty-gritty of the patent before filing

Different types of Intellectual Property that are associated with patents:

  • Utility Patents
  • Plant variety Registration 
  • Design Registration

For design registrations, students can register technical drawings, drawings, or models of new and unique products that have not been publicly disclosed.
Although Utility Patents constitute a significant type of patent, in which the person (founder) defines the performance and or the new production process of the use result. Examples of utility patents can come in the form of drugs, electronic components and their circuits, new software, and almost everything that people do.

Plant variety registrations cover a new plant breeding system (using grafting or pruning). This patent follows many protective actions. The dynamics of all these registrations should guide students before preparing to file them. Since each type of patent has its own procedures and requirements, it is essential to guide students in the purpose of these patents.

3. Fix duration of patented work (Planning)

For most patents, a period of time can be obtained by paying a fee that will determine the life span of a government, usually 20 years, and it is much easier.
The biggest challenge comes when designers have to share their patented work on their website or display it as part of their portfolio. As part of the basics, the patent holder must provide the public with a description and PAT number when publishing it online. This will ensure that you communicate and communicate effectively that your work, design, drawings, or other activities are protected by law.

4. Don’t go by misconceptions

There are several misconceptions related to patent infringement. For example, a patent does not give the owner the right to own, sell, or produce an invention. It only protects the owner of the product’s manufacture, production, and sale happen to others who want to sell the product or get acquainted with the same invention. People often think differently while applying for a patent. Students should also be aware of the fact that patent owner does not make you rich and famous. The patent does not matter if you are still confidential and do not make a profit from selling it. Further, the patent is only important for a product that must be publicly shared and will be sold. Also, the patent will not protect you from lawsuits against others. A National Patent will only protect you in your own country and not around the world.

Disclaimer: The present article intends to provide general guidance on the subject, and you can also consult us in your specific case.

Author

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    Mehak Bhatia is a law student pursuing BA LLB (Hons) from Manipal University Jaipur. She is exploring various kinds of streams in law with enthusiasm in cyber, intellectual and family law. Mehak has a keen interest and experience in writing blogs and legal research articles.