Patents

How to Apply for a Patent at IIT Kanpur

  • In order to proceed with the Patent filing of your research work as a Product or Process. Inventors are advised to do a preliminary search on Google Patents ( https://patents.google.com/ ), Google Patent is a free search database available on Internet, If the Inventors are unable to do the Prior art search, they are advised to contact SIIC for the same, SIIC has Paid database and Technical staff who are well versed in providing search report.
  • After ensuring from the Prior art search Report that the Invention does not previously exist in the form of Patent or Non-Patent Literature, Inventors should proceed with the Patent filing of the invention.
  • For filing a Patent at SIIC, there is a specific Form i.e IPDF* (Intellectual Property Disclosure Format http://iitk.ac.in/siic/d/downloads ), after completely filling the form & with signatures of all the inventors at required places, Inventor should submit the IPDF form at SIIC in Hard copy as well as soft copy, along with 5 suggested names of TEC (Technical Evaluation Committee) members, the TEC members could be any Faculty or Technical staff from IIT, Kanpur. The TEC members are supposed to have capability to evaluate the Invention & should be well versed with the domain of the Invention (*Unsigned & Incomplete IPDF forms will not be accepted).
  • The suggested TEC members will be approved by Dean R&D, nominating 1 TEC Chairman out of the committee, Inventors will be timely intimated by email about the approved TEC committee, after the TEC approval the inventors are supposed to arrange a meeting of all TEC members and present their invention in front of them, arrangement of TEC meeting will be on the onus of Inventors only (* The deadline for the TEC meeting and TEC report is 90 days from the day of submitting the Invention at SIIC, If there is a delay of more than 90 days in the TEC report caused by the delay in the arrangement of TEC meeting, then the Inventor will have to bear the expense of Patent filing).
  • After the TEC meeting, the Chairman of TEC will give a report on the basis of feedback obtained from TEC members & his evaluation itself, the TEC report format is available on http://iitk.ac.in/siic/d/downloads , the TEC chairman will give its report to SIIC.
  • After the TEC report is obtained at SIIC, the Invention will be presented at IPEC (Intellectual Property Evaluation Committee), the IPEC meeting usually happens every 1 or 2 month gap, the IPEC consists of following members

Dean R&D

IPEC Chairman

TEC Chairman

IPEC Member

SIIC Coordinator

IPEC Member

ADIC

IPEC Member

1 Nominated Faculty

IPEC Member

The IPEC committee is the apex committee regarding the decision of Patent filing & it is approved by Director, IIT Kanpur. (*If the Intellectual Property Evaluation Committee decides against securing the Patent then the Inventor will have to bear the expense of Patent filing)

  • After the IPEC meeting and on the basis of IPEC minutes, the invention will be subject to Patent filing, the invention will be send to one of the empanelled Patent attorneys of IIT, Kanpur. The decision regarding the selection* of attorney will be the internal administrative decision at SIIC (* subject to area of Invention), generally SIIC prefer to file Patents through Biotech Consortium India Limited.
  • At the time of draft preparation of Patent application, the attorney may contact the first Inventor regarding draft approval of the application; the inventor may provide his input to the attorney and ask for any modification/rectification in the draft.
  • To file the Patent Application at Patent office, attorney will send the Form-1 to the Inventors via SIIC, the Inventors are supposed to sign the Form-1 (One sided printout only) & return it to SIIC within 7 days.( Form-1 should be originally signed, Photocopy/ scanned signatures on Form-1 are liable for rejection of patent)
  • Patent filing and grant of certificate is a long procedure, after the submission of Patent application at Patent office, it takes 18 months for the Patent Application publication and overall 48 months for the Examination, after the examination if there is no objection/hearing by the examiner, then the Patent Certificate is being Granted.
  • Patent maintenance fees(Annuity fees) is being made annually from 3rd year onwards for the granted Patents, Initially annuity fees is being paid for 10 years, after 10 years annuity fees will only be paid on the basis of commercialization aspect of the Technology.
  • In any case IIT, Kanpur will remain the Applicant for the Patent application.
  • Design/ Copyright is filed directly, without any TEC commitee approval.

 APPLY FOR A PATENT

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