An
educated population is probably the most important asset of any country, especially
of a developing country like India. In the present generation, it is one’s knowledge
that differentiates and identifies his/her value, and the education of
population that drives the economic development of a country. Universities
play a major role in providing such knowledge and advanced skills needed to
meet the challenges of sustainable development in the community, in raising
public awareness and in providing preconditions for informed decision-making,
responsible behaviour and consumer choice.[1]
Since universities play a major role in providing education, conducting
research for developing technology new innovations and inventions should hold
the utmost importance. Intellectual Property (IP) plays a very crucial role when
it comes to facilitating the process of taking innovative technology to the
marketplace.[2]
At the same time, IP also plays a major role in enhancing competitiveness between
technology-based enterprises, be it enterprises commercializing new or improved
products or enterprises providing services on the basis of a new or improved
technology.[3]
Since
patents are one of the most commercially profitable category in IP, it is very common
sensical to understand that universities and patents benefit each other.
Patents not only help universities to improve their ranking, but also help in
establishing an innovation ecosystem, incubate knowledge-based start-ups, earn
additional revenue and measure research activity. In its biggest push to create
entrepreneurial universities in India, the University Grants Commission (UGC)
required all universities in India to set up an Intellectual Property (IP)
Centre.
Having
said that, the essential aspects of patent application filings by universities
may be the following:
1. Unlike
industrial scientists and engineers who are generally hired to invent and
assign rights in the inventions to their employer without any outstanding
rights to additional reimbursement, university personnel are in a different
position. The prime focus of universities is to educate and to conduct technical
research. However, in case of any invention during the conduct of technical
research, universities must not lose an opportunity to file a patent
application. This results in the universities in investing more on R&D and
helping them in their overall development.
2. Universities
often collaborate with industries for innovating in a specific domain, which in
turn gives a lot of exposure to its faculties and students, helping them gain a
position in these industries and leading to acknowledgement of the universities.
This encourages the entire academic ecosystem to do more research leading to
useful inventions, leading the country in becoming the hub of research and
development.
3. University
plays a major role in providing resource and guidance to the students for
creating the invention. Many technical universities do have in place IP
Policies for creations/innovations done by students, as such policies help in
encouraging students for creating, developing, investing and commercializing
the invention so created. These IP policies by universities are effective and
encourage students, as these focuse on:
a. Ownership
of IP created,
b. Plan
of action and tactics to properly commercialize the invention,
c. Sponsorships
from private and other agencies,
d. Other
issues like addressing conflicts, benefit sharing etc.
The
Annual Report (2016-17) issued by The
Office of the Controller General of Patents, Designs, Trademarks and
Geographical Indications shows the list of top 10 universities and
institutes with the number of patent filings done by these universities: [4]
It
is important to note that the number of patents granted by India shot up by 50
per cent in 2017, keeping up a trend of steep increases, according to the UN's
World Intellectual Property Organisation.[7],
and as per the Performance of Intellectual Property Office 2017-18, shows the
overall filing of Patent as:
Recently,
the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce
& Industry, Government of India, signed an Institutional Agreement with
Anna University to establish India’s second Technology and Innovation Support
Center (TISC) at the Centre for Intellectual Property Rights (CIPR), Anna
University, Chennai, under the World Intellectual Property Organization’s
(WIPO) TISC program.[8] The
objective of the TISC is to stimulate a dynamic, vibrant and balanced
Intellectual Property Rights (IPRs) system in India to foster creativity and
innovation, thereby promoting entrepreneurship and enhancing social, economic
and cultural development by establishing a network of TISCs in India.[9] Presently,
India has two Technology and Innovation Support Centers, the first was signed
with Punjab State Council of Science and Technology[10]
and the other with Anna University,
Chennai. The major services offered by such TISCs are:[11]
o access
to online patent and non-patent (scientific and technical) resources and IP-related
publications;
o assistance
in searching and retrieving technology information;
o training
in database search;
o on-demand
searches (novelty, state-of-the-art and infringement);
o monitoring
technology and competitors;
o basic
information on industrial property laws, management and strategy, and
technology commercialization and marketing
The
TISCs initiative by WIPO, is mainly for the developing countries who have
access to local high-quality technology information and related services, and
assisting them to exploit their create, protect, manage and exploit
their Intellectual Property Rights.[12]
But
as universities set up IP centres and create IP policies, it is also essential
to understand that they have started facing a strange, but real, human
resources problem. The bitter truth is that despite the numerous policy push to
have more IP in universities, we simply do not have enough IP professionals in
the country. Further, the ambitious goal set by India’s IPR Policy can only be
realised only when the examination for qualifying as a Patent Agent becomes the
foundation for making a career in IPR. In a dynamic field such as intellectual
property, and especially patents, in order to create a band of qualified patent
professionals, there should be a push towards post-qualification continuous
education as well. To achieve this, the format, membership, syllabus and the
frequency of the patent agent examination will need to be addressed seriously.
This would not only see an increase in the number and quality of patent professionals
in the country, but would also help in students to take up IP as a new career
choice, especially for graduates with a degree in science and technology.
Regardless,
with more awareness about IP rights, and continuous efforts of universities in
creating inventions, it is high time that universities start expediting the
filing of patent applications at the Indian Patent Office. Any which ways, irrespective
of the protection, the patent applications will definitely give the university
and its students the due recognition of developing said idea, which can be
further used to develop or monetise the idea later.
[1] Radhe Shyam Sharma, “Role of Universities in Development of
Civil Society and Social Transformation”, 17th International Academic
Conference, Vienna (2015) (ISBN 978-80-87927-10-6, IISES); available at https://ideas.repec.org/p/sek/iacpro/2604181.html
[2] Christopher M. Kalanje,
“Role of Intellectual Property in Innovation and New Product Development”
(WIPO) available at https://www.wipo.int/sme/en/documents/ip_innovation_development_fulltext.html#role
[3] Id.
[4] ANNUAL REPORT
(2016-17), THE OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DESIGNS, TRADE
MARKS AND GEOGRAPHICAL INDICATIONS, page
no. 29, available at http://www.ipindia.nic.in/writereaddata/Portal/IPOAnnualReport/1_94_1_1_79_1_Annual_Report-2016-17_English.pdf
[5] ANNUAL REPORT
(2016-17), THE OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DESIGNS, TRADE
MARKS AND GEOGRAPHICAL INDICATIONS, page
no. 29, available at http://www.ipindia.nic.in/writereaddata/Portal/IPOAnnualReport/1_93_1_Annual_Report_2015-16_English.pdf
[6] ANNUAL REPORT
(2016-17), THE OFFICE OF THE CONTROLLER GENERAL OF PATENTS, DESIGNS, TRADE
MARKS AND GEOGRAPHICAL INDICATIONS, Page
No. 09, available at http://www.ipindia.nic.in/writereaddata/Portal/IPOAnnualReport/1_92_1_AnnualReport_English_2014_2015.pdf
[7] Economic Times, “Number of patents granted by India shot up
by 50% in 2017: UN”, available at https://economictimes.indiatimes.com/news/economy/finance/number-of-patents-granted-by-india-shot-up-by-50-in-2017-un/articleshow/66932638.cms
[8] Press Information
Bureau, Government of India - Ministry of Commerce & Industry, India’s Second Technology and Innovation
Support Center (TISC) Established at Anna University, Chennai, dated
November 08, 2017, available at http://pib.nic.in/newsite/PrintRelease.aspx?relid=173318
[9] Id.
[10] DIPP to set up India
first TISC in Punjab, available at http://pib.nic.in/newsite/PrintRelease.aspx?relid=167391
[11] Technology and Innovation Support Centers, WIPO, available at https://www.wipo.int/tisc/en/
[12] Id.
