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WHY INDIANS ARE SO UNINFORMED ABOUT PATENTS?


why Indians are so uninformed about patents?

As per the unofficial information based purely on experience, in India more than 80 percent patents have been filed by Foreigners.

Every year we export around 48,000cr rupees to brands which have patent of that specific product and service.

Great, but why not Indians?

Why Indians are hesitant for filing a patent ?

Are they ignoring the powering the patent? If yes then why?

There might be various reasons for the same, complexity and tedious work process for patent application is definitely one of them.

Cost is also an factor to be taken under consideration at least for startup because they are always playing on edge for the funds. But huge companies can surely manage the expenses for patent not an issue in that.

Today many companies earn their most of the revenue from licensing fees as they have the patent for the same.

Our normal Adobe reader holds an 40+ patent.

What is Big companies have common in them?

Toyota , IBM , Toyota and GM, Ford,IBM, HP, Microsoft, Pfizer, Apple, Phillips, Bosch, BASF, Bayer, Canon, Sony, Toshiba, Nippon Steel, Samsung, LG, Hua Wei, ZTE, Amazon, Tesla,

Look at their wide range and different field of work but still they have something in common, what is that?
IPR - They have the power of IPR.

What is Patent …?

Patent is said to be an easy process or instrument set up by the society to acknowledge the inventor for his innovation and making the contract that this innovation has helped the society so in return you will get the some amount.

Most of the time Patent is Valid for 20 years.

Patent can be either Service or Product.

Expression of idea which has economical value to it can be patented.

We can patent the Process also.

One product may have many patents,Granted in consideration of disclosure to public via patent office,Process is complex, expensive, country-specific

Ask few question before thinking of filing for patent 

  • Is it a Product, Material, Tool, Machine, Device, Software?
  • Is it new? Does it have at least one new feature?
  • Is the new feature non-obvious to one trained in that field?
  • Is it capable of industrial application?
  • Not abstract idea, natural law/phenomenon

while filing the patent you have to expose all the detail documentation for the process or product which u are applying for patent and patent office will put this to the entire world to know.

Due to which many companies hesitate to file a patent rather then that they make it as an Trade Secret . in which u don’t have to show case to anyone it’s your secret . for Exp: Google has their algorithm as an Trade Secret , coke formula is an Trade Secret.

There are few other things than Patenting:

  1. Trade secret
  2. Copyright
  3. Trademark
  4. Industrial design

Trade Secret and Copyright as per my knowledge need not need any registration once you write it.

Industrial Design : is when we secure the design.

Non functional and external

Ornamental and aesthetic aspect of a product

Technical features are not protected

Has to be original and registered

Trademark : is the contract to secure your design, text, logo, or symbol and audio also for lifetime 

Source : A seminar, lectured by Venky Hariharan venkyh@gmail.com
Subramaniam Vutha subramaniam.vutha@gmail.com


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