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Institute of Genomics & Integrative Biology (CSIR), Delhi Dr. Rekha Chaturvedi Head , IPR Cell Patenting, Innovation & Technology Transfer : The CSIR Experience Publically funded patents and technology transfer: A review of the Indian “Bayh- Dole” bill. National University of Juridical Sciences, Kolkata 12 th September 2009

National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

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Page 1: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Institute of Genomics & Integrative Biology (CSIR), Delhi

Dr. Rekha Chaturvedi

Head , IPR Cell

Patenting, Innovation & Technology Transfer : The CSIR Experience

Publically funded patents and technology transfer: A review of the Indian “Bayh-Dole” bill.

National University of Juridical Sciences, Kolkata

12th September 2009

Page 2: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Patenting, Innovation &Technology Transfer : The CSIR Experience   CSIR, The Council of Scientific and Industrial Research, is an autonomous

Govt body under the Ministry of Science and Technology with the mission: “To provide scientific industrial research & development that maximizes the economic,

environmental and societal benefits for the people of India”.

  CSIR is comprised of 38 constituent laboratories pursuing R&D in various sectors ranging from aviation, leather, chemical, life science, healthcare, engineering to physical science.

  CSIR is largest patent holder organization from India.

  CSIR has forged over 300 contract R&D licensing agreements.

  4600 scientists are currently employed with CSIR.

  CSIR is one of the largest public funded R&D organizations.

Page 3: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Innovation and patenting: Important for technological and eventual economic growth

Intellectual property

commercial returns

Technology transfer

viable product or process

public use

Page 4: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Patenting, Innovation &Technology Transfer : The CSIR Experience

  CSIR is an innovation driven, patent savvy and client oriented organization actively involved in generation of knowledge and

technologies, development of product or process and also its transition to the marketplace.

  CSIR has extensive resource base, core competence that cuts across the entire spectrum of science with innovative and skilled manpower, and cost-effective solutions.

  CSIR encourages sustained and meaningful interaction with industry leading to diffusion of S&T innovation to its actual users.

  CSIR undertakes sponsored and contractual research and collaborates with industry for co-development to translate laboratory research to products and processes for their eventual commercialization.

Page 5: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Patenting, Innovation &Technology Transfer : The CSIR Experience

 Hallmark of CSIR is innovation and patenting.

 CSIR has a vast patent portfolio with around 4000 foreign and Indian issued and pending patents.

 CSIR partners with industry for joint development of know how.

 Several technologies have been commercialized which have benefited society and brought laurels to CSIR.

 The IP portfolio has attracted collaborations from world renowned research organizations.

Page 6: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Patenting, Innovation &Technology Transfer : The CSIR Experience

CSIR IP Policy: CSIR encourages innovation, patenting and entrepreneurship:

  The scientists are given weightage for patenting during work review.

  On tech commercialization, the innovators and support staff get a share of the money received.

  The title of the IP vests with CSIR.

  Technology led entrepreneurship development programs are conducted to inculcate entrepreneurship in young researchers.

  CSIR encourages entrepreneurship and provides funding to industry as easily repayable loan under New Millennium Indian Technology Leadership Initiative (NMITLI) for joint development of process/product with a CSIR laboratory.

Page 7: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

IP Cell (screening

analysis Searches

Patent drafting)

IPM Division of CSIR

R&D generation CSIR LABS

Innovation

Patent Filing through IPMD

of CSIR

Page 8: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Patenting, Innovation &Technology Transfer : The CSIR Experience

 Tech transfer options in CSIR range from IP licensing, joint ventures, sponsored research, contractual research, product or process co-development, consultancy and provision of technical services etc.

 CSIR has developed standard agreements for material transfer, non-disclosure, confidentiality and joint development.

 CSIR partners with industry in private-public partnership mode.

 CSIR is developing industrial interaction in the incubator mode.

 CSIR is implementing drug discovery programme in the open source where industry is also participating.

Page 9: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Patenting, Innovation &Technology Transfer : The CSIR Experience

 Non exclusive licensing is preferred in CSIR.

 Exclusive licensing in limited instances for short durations.

 Joint IP for collaborative innovation / co-development.

 Technology costing is done by the labs as per CSIR guidelines.

Page 10: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Benefits public with new products

Enhances competitiveness in the global economy

Gives a possibility of creation of jobs

Important for encouragement to researchers who can draw

satisfaction from getting the research results to reach the public

Technology transfer

Page 11: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Research

Public funding

In house IP cell

Lab-CSIR

Funds ???

PPP?

New Venture requires funding support (CSIR DBT

DST)?

Product Development/

Service project

Feasibility study

Proof of concept

Public funded lab/CSIR Lab

Product Development

Company

Tech-transfer modalities

Page 12: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Issues in tech transfer:  Concerns for industry attitudes. (Reluctance of industry to opt for non-exclusive

license)

 Infrastructure: (Industry need funds to develop adequate

infrastructure).

 Modalities: Adequate frame work is required.

 Economic reasons (Funding : Govt agency)

Patenting, Innovation &Technology Transfer : The CSIR Experience

Page 13: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Patenting, Innovation &Technology Transfer : The CSIR Experience

CSIR has already taken lead for implementing major provisions suggested in the proposed “Indian Bayh-Dole like Patent Bill for publically funded research”:

For example:   Promotion of culture of innovation.   Creating awareness about IP.   Encouragement of innovation in publicly funded R&D.   Encourage IP protection in publicly funded R&D.   The rights of the IP arising out of public funded research shall vest with the

government.   Encouragement of utilization of IP for publicly funded R&D.   A part of the income arising out of the public funded IP shall be shared with

the creator of the IP.   Attract project funding through patent portfolio.   Providing access to innovations for industry.   Promote collaboration with industry and non-government organizations.

Page 14: National University of Juridical Sciences, Kolkata ... chaturvedi.pdf · joint ventures, sponsored research, contractual research, product or process co-development, consultancy and

Patenting, Innovation &Technology Transfer : The CSIR Experience

Thank you