Intellectual Property Rights(IPR) Policy

Intellectual Property Rights (IPR) Policy

Policy approved in meeting of the Board of Governors under agenda no. 26.5 dated 11-03-2023

1. General

The Intellectual Property Rights (IPR) Policy establishes a clear and transparent framework for the ownership, management, and transfer of intellectual property generated wholly or partially at the Institute. The policy aims to promote, support, and protect original research and creative work undertaken by students, faculty, and staff, while fostering a supportive, competitive, and collaborative research environment within the Institute and in collaboration with government and private universities, institutions, organizations, and industries.

2. Objectives

  • To protect and promote the outcomes of scientific research, innovation, and creative activities undertaken by faculty, students, and staff.
  • To encourage and facilitate collaboration with external agencies, research organizations, and industries for the development and commercialization of intellectual property.
  • To conduct awareness, training, and capacity-building programs to enhance understanding of intellectual property rights and related regulatory frameworks among members of the Institute.

3. Applicability

This policy shall be applicable to all faculty members, students, and staff involved in the creation of intellectual property, including patents, copyrights, trademarks, designs, and other forms of IP. All applications for intellectual property must follow the procedures outlined under this policy.

4. Ownership and Cost of Filing

  1. IP Generated Using Institute Resources:
    • All intellectual property developed using the Institute’s resources, including duty hours, funding, laboratories, equipment, or premises, shall be owned by the Institute.
    • The Institute shall bear the costs associated with filing and protecting the intellectual property for up to five inventors. The Institute will be listed as the applicant, while the researcher(s) involved will be recognized as the inventor(s).
  2. IP Generated Without Using Institute Resources:
    • The inventor shall own the IP and bear the entire cost of filing and protection.
  3. IP from Sponsored Projects:
    • Ownership of intellectual property shall be determined according to mutual agreements or the guidelines of the funding agency.
    • In the absence of such provisions, the Institute shall file and bear the costs of the intellectual property, for up to five inventors from the Institute.
  4. Collaborative Research/ Inventions:
    • Intellectual property created in collaboration with external organizations shall be jointly owned by the Institute and the collaborating organization, with filing and protection costs shared equally.
    • If the collaborating organization does not proceed with filing the intellectual property, the Institute shall retain full ownership, bear all associated costs, and acknowledge the collaborating inventors.
    • Prior approval from the competent authority is required before engaging in joint research activities.
  5. Intellectual Property Developed Externally Using the Institute’s Contributions:
  • If a member of the Institute contributes intellectual input without using Institute resources, and the external organization does not file the intellectual property, the Institute may file the IP and retain full ownership.
  • The names of all other contributing inventors shall be acknowledged, but any revenue or royalties generated shall not be shared.
  • A maximum of six inventors shall be allowed, with at least half of them being members of the Institute.
  • A No Objection Certificate (NOC) from the other inventors must be submitted prior to filing the intellectual property.

5. Commercialization

The Institute shall make efforts to commercialize intellectual property based on its market potential, with inventors providing necessary support throughout the process. If the Institute is unable to commercialize the intellectual property within a reasonable timeframe, the inventors may request reassignment of the IP, subject to reimbursement of all patenting and related expenses incurred by the Institute. Inventors may also commercialize the intellectual property with the mutual consent of the Institute and are expected to assist in the technology transfer process.

6. Revenue/Royalty Sharing

  • For intellectual property developed in-house, revenue or royalties shall be distributed as 50% to the inventor(s), 40% to the Institute, and 10% to supporting staff as recommended by the principal inventor. Inventors shall share their portion equally unless an alternative arrangement is agreed upon.
  • For collaborative intellectual property, revenue or royalties shall be shared in accordance with mutual agreements with funding agencies or collaborating organizations.
  • In the case of reassigned intellectual property, inventors shall reimburse all costs incurred by the Institute.
  • Students who develop intellectual property as part of academic requirements shall not be entitled to profits unless specifically decided by the Institute.

7. Rewards

Upon the grant of a patent, a reward of INR 6,000 shall be provided for up to two inventors, and INR 8,000 for more than two inventors, to be distributed equally among the inventors. Design patents shall not be eligible for this reward. Any additional rewards arising from technology transfer or commercialization shall be mutually agreed upon, taking into account the market potential of the intellectual property.

Note

  1. All financial transactions related to intellectual property shall be governed by the prevailing Indian tax laws.
  2. In case of any disputes regarding ownership, processing, or interpretation of the intellectual property policy, appeals may be submitted to the Director. If the appellant remains unsatisfied, the matter may be referred to the management.
  3. The Institute shall bear the costs of filing and protecting intellectual property only when the process is carried out in accordance with the procedures established under this policy.