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    Intellectual Property - Protection Management and Risks

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    Presentation on Intellectual Property- Protection Management and Risks by Nishant Kewalramani, Brain League IP Services.

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    Intellectual Property - Protection Management and Risks

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    brainleague
    585 views23 pages
    Presentation on Intellectual Property- Protection Management and Risks by Nishant Kewalramani, Brain League IP Services.

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    Intellectual Property- Protection Management and Risks

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    Presentation on Intellectual Property- Protection Management and Risks by Nishant Kewalramani, Brain League IP Services.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    585 views23 pages

    Intellectual Property - Protection Management and Risks

    Uploaded by

    brainleague
    Presentation on Intellectual Property- Protection Management and Risks by Nishant Kewalramani, Brain League IP Services.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    You are on page 1of 23

    Intellectual

    Property-
    Protection Management &
    Risks
    Presented by:
    Nishant Kewalramani
    Portfolio Manager
    AGENDA

     Maximizing IP for Start Ups-


    Protection Strategy

     Cost
    Effective ‘Protection
    Management’ of IP

     Avoiding IP Risks





     PROTECTION
    MANAGEMENT
    Protection Strategy

     Do VCs sign non disclosures?



     Strategy: Minimum Expense-
    Maximum Advantage

     Building a wall around the IP



    PATENTS

     Identifying core technology area



     Make,
     Use,
     Sell,
     Offer for Sale and
     Import
    Technology development
    Identification Aids
     Competitor Watch-
     Constant update on your competitors
     Concentrate on big companies
     Decides direction of your core
    technology

     Landscape analysis
     A landscape of all patents in a
    technology domain

    Pre-Filing Filtering

     Do not approach the patent attorney


    without Homework!!!

     Understanding patentability criteria for
    initial filtering purposes.

     To begin with- you are the best judge of
    your invention

     Quality
    of patents more important than
    number of patents

    Patentability Requrements
    INVENTIONS

    Subject Matter

    Usefulness

    Novelty

    Non-obviousness

    Specification

    PATENTS
    © Brain League IP Services Pvt. Ltd
    Provisional Filing

     Onlydescription of the Invention


    required

     Secures the priority date

     12 months for filingcomplete
    application with claims

     Better bargaining position
    Multiple inventions in one
    application
     Unity of invention

     Divisional application
    PCT filing

     FilePCT instead of Complete if more


    time required

     31months to file national phase
    applications

     More expensive than a complete
    filing
    Trademark Filing

     Not as expensive as patents


     Choose a word that catches


    attention and is ‘not descriptive’ of
    the goods and services

     Intentto Use application/ Proposed


    to Use
     Can get registration without use
     Can continue to hold rights over the
    Copyright Registration

     Inexpensive

     Long duration of right

     Marketing materials, imp documents,
    websites etc.

     Strengthens the wall of protection

     Adds value to the entity
    Not Disclosing =
    Protection
     Notimportant enough/Cannot be
    covered under any other IP

     Noregistration required for Trade
    Secret Protection

     Maintain
    Secrecy- Employee
    agreements, non disclosure
    agreements etc.
    Decide what to maintain


     PCT Application ≈ Filing in two
    jurisdictions

     Stronger portfolio- negotiating
    advantage

     IP RISKS
    PATENT RISK

     Search not comprehensive



     Non accessible data

     18 month lag

     Non patented material
    FIRST SALE EXHAUSTION &
    PARALLEL IMPORTS
     Sale- rights over the item exhausted

     Import of patented articles from
    other countries.

     Can be due to price discrimination
    FTO ANALYSIS

     Freedom to Operate

     Product analyzed against national
    patents

     Also known as Patent Clearance.

     18 month lag

     Further Limitations in India
    NOTICE- INNOCENT
    INFRINGER
     Notice-
    patent with no./patent
    pending

     Without patent no. not considered
    notice

     Damages may not be awarded

     Flows both ways
    Trademark Risk

     Non registered user has a right



     Cannot use anything resembling a
    famous mark

     If not registered- proving ‘notice’
    very difficult
    OPEN SOURCE- RISK

     Open Source Software



     May compel you to make your
    improvement free.

     Analyze
    the kind of conditions
    attached with the license.

     THANK YOU

     nishant@brainleague.com

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