IPR Story-2

IPR Story No.2  PATENTS ADD VALUE TO RESEARCH

Radhika joined a leading research lab, for her Ph.D. She reviewed journal articles as well as patents before starting her work. One day during the course of her experiments, she came across some startling results! A microbe which nobody could make grow, was growing beautifully! She backtracked on her lab notebooks and found that two media had got accidentally mixed, resulting in a new media. This was supporting growth of a microbe, which though had lot of potential commercial importance, could not be exploited. She discussed with her guide, who advised her to draft a patent, after due guidance from the relevant expert.

Radhika duly filed a patent and also subsequently published her work. Once the patent filing was over (it hardly took a day, after the application was drafted!), Radhika's guide contacted a leading manufacturer of media, based in India. The discussions were very comfortable, as there was no fear of the formula being stolen. The company was also happy in paying for the 'formula' since they could enjoy the pride of being the 'sole manufacturer' after getting licensing rights for the patent. Even though patent had not been granted (it was only filed!), still after examining the application, company could make out that a good invention was there and it could be commercially useful.

Radhika's invention led to a payout of Rs.15 lacs downpayment and a royalty of 5% on net sales for a period of 5 years, from the company. She got a share in the downpayment and also a share in the royalty, as per institutional rules. The amount was able to support fellowships in the lab, purchase of chemicals and consumables and also an expensive HPLC. The best part was, Radhika and her guide got lot of respect, recognition and honor from the Industry as well as institute, for bringing name and fame to their institute. .....all this happened just because Radhika did a small thing. She filed a patent.

Moral of the story: File a patent.

Comments: Patents are not about performing 'huge' research or 'rocket research'- something as simple as making a microbe grow can be patentable. For patenting, remember the 'trishul test' - 3 things must be satisfied together

1. Novelty (it must not exist before. What Radhika had done, nobody had done before)

2. Inventive step (some research effort must be involved, though it may be simple. Radhika had accidentally mixed two media, resulting in a new media, which could make a microbe grow. However, its molar concentration, pH, ingredients etc. could all be well-defined and had required research effort, which had been duly recorded in the lab note-book.

3. Industrial application. The product must be capable of being manufactured on industrial scale (In Radhika's case, the media could obviously be manufactured on industrial scale, since it had well-defined formula).