Intellectual Property Cell Creations by Indian Entities

Abstract

By and large, the applications/invention disclosures prepared by the inventors are not examined prior to their filing by the attorneys. Inventors and attorneys look into the application thereafter only at the time of prosecution. Indian entities (IE) must develop an internal system to prepare robust and enforceable invention disclosures. In today’s scenario, it has become important for the Indian entities to set up an intellectual property (IP) Cell. There is no other way out. Society at large will be beneficiary. Indian patents will have more value and will attract licensees. Infringers will think twice. There will be an all-round awareness on IP issues. IP management and leveraging it for successful commercial ventures will receive a fillip and in the comity of global scientific community, the Indian R&D, by virtue of its growing IP metric, will be viewed and treated with respect.IE’s preparedness in the IP matters has been analyzed and the gap areas have been identified. Such an IP Cell will provide the required help to the inventors and help IE handle its IP obligations. IP Cell may be designed under parallel concurrent themes with a view to ensure an independent functioning of IP Cell. Further, IP Cell would have choice of multiple service providers in situations like conflict of interest or quality issues. The activities by each IE may be different and it is quite likely that not every activity has been listed herein. Therefore, the IEs may have to evolve their own and unique scope of work. Similarly, it is time that even Indian IP firms keen to work with IEs may have to reorganize themselves and project their firms as not merely the service providers, but as a contributor in the national economy by working to help the inventors and IEs. Ultimately, IEs as well as Indian IP firms have to prepare themselves to identify the emerging challenges to overcome them in the process of developing a future India.