Filing your work for IPR: A manual for NID students, 2019

Background

Described below is the process that students of NID should follow to obtain IPR for work done by them. Relevant parts of NID’s IPR Policy are mentioned in the text below, but readers are required to go through the full text of the policy here.

The pre-condition for applying for IPR is that the students have already produced the work that they seek to protect their intellectual property. 

Every work needs to be formally registered under IPR to ascertain the IP rights.

The IPR Cell’s services would be available only for current students. For alumni, the Cell would be happy to offer advice as may be possible.

The process of filing for IPR

Filing one’s work for IPR involves following the process below:

  1. Determining what type of IPR the work qualifies for
  2. Ensuring eligibility of work for IPR: originality, uniqueness, novelty, etc.
  3. Submitting the required documentary paperwork to the IPR Cell of NID, Ahmedabad.

The students on their part have to provide the necessary information to the IPR Cell that is required as part of the application. The steps listed above are detailed below.

1.  Determining type of IPR that the work qualifies for
Different types of work or different aspects of a work would qualify for obtaining different types of IPR. The various types of IPR in the Indian legal system are: Design Registration, Patent, Copyright, Trademark, Geographical Indication, and Semiconductor Integrated circuits and Layout Designs. The kind of an outcome would determine the type of an IP it falls under.

2.  Ensuring validity of work for obtaining IPR
Under most of Indian IP Law, an outcome must be original, should possess novelty and should not have been publicly disclosed, to qualify for obtaining IPR. An outcome that fail these criteria stand to be rejected by the IP Office, therefore students must ensure that these conditions are met.

3.  Submitting required documentary paperwork
IPR Cell requires the following information from students to file an application for IPR protection:

  1. Prior Information Consent (PIC) & Originality Statement from Student (Link for Students to Fill the Form)
  2. Recommendation Letter from Faculty (Link for Faculty to Provide Recco)

The information required is different for the different types of IPR as explained below:

Design Registration

  • Views: Seven images of the object alone, without any surrounding or human in the picture, are to be submitted, each taken from a specific viewpoint. These images should be in a white background only and without shadows. These seven views are: i) top view, ii) bottom view, ii) front view, iv) back view, v) left side view, vi) right side view, and vii) perspective views. If the product is flat and planar or long and linear and different views look the same, then only the views that are distinct need to be furnished. Products should be clearly visible and resolution of 300+ DPI or as per 18 inches height of a product and 18 inches width of a product should be submitted (JPEG file) to the IPR Cell.
  • Written description of the product and its intended usage is required
  • More details may be required at the time of filling

Trademark

  • 10 copies of the artwork of the mark to be registered, preferably rectangular in shape and not more than 12 cm x 8 cm in size, are to be provided.
  • If the mark has been used since long, then literature of the product, like brochures, catalogues and other promotional literature of use of mark.
    (More details may have to be submitted as per the requirement at the time of filing).

Copyright

  • 10 specimens of original expression of the work seeking to be copyrighted.
  • Language of the work.
  • Year and Country, where first publication is made (name, address, and nationality of the publisher)
    (More details may have to be submitted as per the requirement at the time of filing).

Patent

  • Product drawings showing detailed dimensions
  • Contextual image of the product.
  • Field of Invention, eg, Furniture
  • Background of Invention: text describing history and process of development of this product.
  • Research Area of Invention: eg, Comfort aspects of furniture
  • Object of this Invention: Provide customers with convenience of relaxing in their furniture
  • Description of the Invention, describing claims being made of innovation.
  • Documents relating to proof of priority, if filed in any other country.
  • Written description of
    • Salient features of the product
    • Novelty aspect in product or process, keeping in mind related products in the market
    • Claim areas under innovation
    • Probable Place/Industry/Firm of use: eg, healthcare, sports, etc.

Image quality
Images should be on a white background only. The product should be clearly visible.

Illustration format
Photographs of the actual object or digital renders of the object’s 3D model are both acceptable. Students are encouraged to submit renders as they are often clearer and more impressive than photographs of models, which might have been imperfectly built due to manufacturing limitations.

Media type
The media on which the images should be provided to IPR Cell is JPEG files of high resolution.

It is common for the IPR application to be sent back from the IP Office with some query on technicalities or other information on the application. IPR Cell would contact the students to obtain satisfactory responses to technical queries or additional material required to be furnished. It is the effort of the IPR Cell to pre-empt such queries by providing all such information upfront, but it is never predictable what questions might arise from the IP Office.


IPR Manual for Students - 2020