Central University of Kerala IPR CellAcademic and Research Institutions are concerned with successfully managing projects and research initiatives and the protection of their IP Rights which will benefit all stake holders. Central University of Kerala is one among the potent universities of India which holds the ability to establish the link between the Government and inventive minds of University. The University would hold the sole right to protect the inventions by the young researchers for their future novel ventures.
- To create an awareness about IPR for faculties and students of the University.
- To impart training on future endeavors regarding patent filing processes.
- To conduct workshops, seminars and training course on IPR.
- To create an opportunity for Product development and Commercialization.
Dr. Muthukumar Muthuchamy
Department of Environmental Science
|Dr. Alagu Manickavelu
||Department of Genomic Science
|Dr. Vincent Mathew||Department of Physics
|Dr. Vellikkeel Ragavan
||Department of Comparative Literature
|Dr. T.J. Joseph
||Department of Economics
|Dr. J. Girish Kumar
||Department of Law
Academic and Research Institutions are concerned with successfully managing projects and research initiatives and the protection of their IP Rights which will benefit all stake holders. Central University of Kerala is one among the potent universities of India which holds the ability to establish the link between the Government and inventive minds of University. The University would hold the sole right to protect the inventions by the faculties and young researchers for their future novel ventures.
Central University of Kerala provides for patents as follows:
- Patents: - It shall be competent for the Executive Council to take out patents in respect of any discovery or invention made by the teachers or research students working in the University.
- Right to be in joint name: -The patent shall be taken in the joint names of the University and the person responsible for the discovery or invention.
- Expenses of registration: -The expenses in connection with the registration of patents shall be borne by the University.
- Sharing of profits-Any profit accruing from the patent shall be shared equally between the University and the person responsible for the invention or discovery.
- Exploitation of patents: -The person responsible for the invention or discovery shall render free service to the University in connection with the exploitation of the patent. The terms on which patents may be offered for exploitation shall be determined solely by the Executive Council.
Central University of Kerala is obliged to:
- Promote and encourage application oriented scientific research;
- Make reach of inventions to the common man through under university supervision.
- Encourage, assist and provide mutually beneficial rewards to the University and inventory member.
- University to secure sponsored research funding at all levels of research.
Intellectual Property Rights
- Intellectual Property Rights shall include Patents, Trademarks, Copyrights, Trade Secrets and other species such as computer software or printed material, any new and useful process, machine, composition of matter, life form, article of manufacture, software, copyrighted work, such things as new or improved devices, circuits, chemical compounds, drugs, genetically engineered biological organisms, data sets, software, musical processes, or unique and innovative uses of existing inventions. For the purposes of these Ordinances Intellectual Property may or may not be patentable or copyrightable.
Ownership of Intellectual Property
- IP shall be owned by the University if created as a result of University research or created by substantial use of University facilities or resources.
- The Creator at his option may retain ownership when the IP developed without use of University resources.
- The University faculty and students may publish their research outputs provided that are not copyrightable/patentable intellectual property.
Intellectual Property Rights can be from
- Assignments undertaken by the University from external agencies or self made projects.
- Individual or a team of researchers.
The University Shall
- Educate faculty members, staff and others regarding University's intellectual property.
- Provide legal support.
- Report applicable laws and regulations in a timely manner.
The Creator Shall
- Disclose the invention in a thorough manner.
- Provide assistance throughout the period of Intellectual property rights procedures.
- A Nodal Officer appointed by the Vice-Chancellor, who shall be the head of IPC.
- One Intellectual Property Attorney from patent office Chennai suggested by the University.
- Technical supporting staff from private agency.
- The Dean/Director of Research.
- Upto three other Professors to be nominated by the Vice-Chancellor.
- The meeting of the IPC shall be convened by the IPC head from time to time.
- The University shall provide adequate support and secretarial staff
Frequently Asked QuestionsWhat is a Patent?
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Does Indian Patent give protection worldwide?
Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
Is it possible to file international application under Patent Cooperation Treaty (PCT) in India?
It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices act as Receiving Office (RO) for International application. The addresses of these offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.
What can be patented?
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.
Who can apply for a patent?
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
How can I apply for a patent?
A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application. There is no extension of time to file complete specification after expiry of said period.
Is there provision for filing patent application electronically by online system?
From 20th July, 2007 the Indian Patent Office has put in place an online filing system for patent application. More information for filing online application is available on the website of Patent Office i.e. www.ipindia.nic.in. This facility is also available for filing trademarks application.
What are the criteria of patentability?
An invention to become patentable subject matter must meet the following criteria -
i) It should be novel.
ii) It should have inventive step or it must be non-obvious
iii) It should be capable of Industrial application.
iv) It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.
Should application for patent be filed before or after, publication of the details of the invention?
The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is grace period of 12 months for filing application even after publication.