Patent - who owns?
supabcdefgh
(Querist) 14 November 2012
This query is : Resolved
In IITs, the institute claims that they automatically own what we discover, despite giving us full control and 70% income that arise out of it. I wonder what is wrong in sharing ownership?
Most international colleges, require explictly signing that clause of acceptance. But that is like forced signing. Because, to give some rigt, there should be some additional cost defined. How can a job be linked to giving away ones own right?
In IITs, no such paper was signed. They cannot even show any document.
And when we have to submit, they ask us to sign a document where we have to unlaterally, unconditionally assign the invention to IIT.
I didnot want to sign this. i wanted to state the truth that IIT is automatically the owner as it is paying me the salary. this was not excepted.
I have approached various time to IIT to resolve the issue. But they wont.
If you think I have a point, where I can gain my right to own and file my inventions at my own cost, please help me file the case.
ajay sethi
(Expert) 14 November 2012
if you are aggrived you should refuse to sign the document assigning the invention to IIT . once you have signed the said document it is binding upon you
supabcdefgh
(Querist) 14 November 2012
but this is not a solution, IIT does not allow me to file patent myself either. What should I do? Loose patents? That is why I am looking for legal action, and am looking for legal expert who is ready to help me.
One more attached problem. Patent allows filing provisional patent , cheap even if it is Idea. But IIT requires proof of concept. To proove, we need participation of students who also start claiming the rights..
How do we protect our right?
I requested for a workshop on this, but they won't even like to discuss.
Guest
(Expert) 14 November 2012
If you have used the facilities, including infrastructure, instruments and equipments, etc., of IIT for making your invention and spent nothing from out of your pocket, you will have to abide by the conditions laid down by the IIT. There is nothing wrong if the IIT requires proof of concept before filing patent to satisfy itself and to avoid any sort of defame for the organisation later at any time in future.
However, your case seems to be complicated, which needs detailed examinationm as participation of students was also there in making invention.
supabcdefgh
(Querist) 14 November 2012
Look my problems:
a) If IIT is the owner, why do I have to assign? why can't I write the truth that IIT is the owner as it is paying me salary?
b) patent allows filing of ideas even if it comes in dream without proof, for which I get a year. If IIT has problem, as rightly pointed by you, why should I loose my right? Once I start to proove, student also claim as co-inventor. How is my right protected?
c) I sincerely feel, by allowing joint ownership, the system will get benifit. Because, other then name, we any way get 70% of financial benifit and all responsibility and rights too. Only not the name. Who pays the fee is a question, but I was ready to pay my fees as individual patent is cheaper.
d) IIT should allow professor to file provisional patent themselves to later convert to IIT patent at later stage as and when they want, why restrict our right?
Raj Kumar Makkad
(Expert) 15 November 2012
This is a policy matter not connected with any legal issue. It is prerogative of IIT either to allow if professors to register their patents or not. It is true that by signing the document specifically meant for this purpose, you bind yourself under the terms and conditions of your employer IIT.
Your suggestions are very good and attractive and also in the interest of Nation. If the entire benefit has to go in favour of IIT then why an individual shall invest his skill for invention and this is the net loss of country and humanity even. Individually I fully support your point but problem is that this is is policy decision of all IITs which can be get changed by collective force of professors like you. govt or Supreme Court of India
supabcdefgh
(Querist) 15 November 2012
If tomorrow a couple signs an agreement, that divorce is not an allowed option, will it be valid in the eye of law? No.
Similarly, what ever IIT decides internally, it is not able to by pass national law that I have to surrender my invention unconditionally to IIT, or else even IIT cannot do any thing.. This means even the national law supports that I am the owner of my invention, not IIT. I wish to bring it up in appropriate court and looking for legal support.
May be we can file it as a PIL case.
Collective force of professors, sadly to tell you IIT professors don't realize that their rights are being violated. Like women under Sati Pratha.
I am unable to moblize internally.
Mind you, except the name, we get all benifits of the invention. We can even officially offer to sell the patent. Logically fine, realistically, that proposal to sell would have to go throug the committee and inventor request can theoretically be turned down.
But if I am part owner, then my right would be govermened similarto company partnership. Where my right to sell my part of right cannot be denied by other partner. At most I need to give a few notice at most or may be a official procedure.
And name as owner brings pride.
supabcdefgh
(Querist) 15 November 2012
I addition, I have written many time to IIT to have an open debate inviting legal experts. They planned in a way I will be bypassed. Now they realized they can't, they have stopped the process totally. They do not even wish to address the issue.
Raj Kumar Makkad
(Expert) 01 December 2012
If nothing is being initiated upon your representations then it is good to enter in High court and challenge the decision of university/concerned authorities.
