Patent Office Responsibilities in Technology Transfer

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Presentation transcript:

Patent Office Responsibilities in Technology Transfer N G Satish

India's Draft National IP Policy objectives Create awareness of the economic, social and cultural benefits of IP (IP Awareness and Promotion) Stimulate the creation and growth of IP (Creation of IP) Strong and effective laws that protect IP rights in a manner consistent with national priorities and intl obligations and that balance the interests of the rights owners and the public (Legal and Legislative Framework) Strengthen IP administration and management of IP rights (IP Administration and Management) Augment Commercialization of IP rights; valuation, licensing and technology transfer (Commercialization of IP) Strengthen enforcement and adjudicatory mechanisms to protect and combat against IP rights violations ( Enforcement and Adjudication) Human Capital Development in IP

WIPO Suggestions WIPO suggests an 8-step procedure in developing a National IP Strategy Baseline Survey with an integrated data collection tool developed by WIPO The data collection through the Baseline Survey meant to complement the IP audit to understand the "weaknesses, strengths and potential" of "the current IP situation in the country". The drafting should operate at the level of each sector and the country as a whole. ‘Implementation framework' Implementation structures, a resource mobilization strategy, and monitoring and evaluation mechanisms.

…WIPO Suggestions There are seven clusters identified: IP Administration and Management Generation of IP by universities, research organizations, business, industry, SMEs and individuals Commercialization of IP and technology transfer by universities, research organization, business, industry, SMEs and individuals Copyright and copyright industries Plan breeders; rights (plant variety protection) Enforcement of IP rights IP and public policy

Can Patent Office facilitate Technology Transfer? Is that a function of Patent Office?

USPTO came up with a set of executive actions US Presidential Memorandum - Accelerating Technology Transfer and Commercialization USPTO came up with a set of executive actions Attributable Patent Ownership Enhancing competition by providing the public with more complete information about the competitive landscape in which innovators operate; Facilitating more efficient technology transfers by making patent ownership information more readily available; Reducing abusive patent litigation by helping the public better defend itself against abusive assertions; Revising its Assignment Database

Why is this important ToT?

If we are considering technology transfer – We would want to know What is the state of invention in the technology IPC Nos Who all are involved in R&D on that technology Original assignees How long do their patent rights last Application date …

No claims

Difficult retrieve data on IPC numbers Claims Inventors / Owners Current owners Difficult to make technology competitiveness analysis One has to depend on inefficient monitoring for piracy of IPR

Our patent database is still small Allow a secondary industry to develop on patents data Derwent Invention Database Make provision for creating assignment details Don’t be in a hurry to list expired patents in nic.in domain

Thank You