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Use patents to reduce R&D efforts

By Bindu Sharma, Patent Attorney, Origiin IP Solutions LLP

Patent is techno-legal document submitted by the inventor to respective patent offices, in order to claim legal rights over the invention, in order to prevent third parties from using it without the consent of the inventor. Disclosing the best mode of working of the invention is one of the important requirements to get a patent, which means that an invention submitted to the patent office in the form of a patent must disclose the invention to the extent that a person with ordinary skill in the art understands it well. Additionally, the description of the invention, supported with drawings and examples further helps in understanding the working of the invention. Since the grant of a patent undergoes various steps, including the examination of the patent application by expert examiners, the subject matter claimed in a patent must not only be novel and inventive but also must meet the statutory standards.

However, it is important to note that in addition to the disclosure of invention, the inventor claims the invention to acquire legal rights over it. Violation of such legal rights may have serious implications. Hence, though the invention is disclosed to the public, it is not available for free.

As we know that patents are wealth of knowledge for various reasons. Let’s further understand how this wealth can be effectively and hygienically used to reduce R&D efforts.Suppose you are doing research on the product that is meant for water purification that converts any kind of water into potable and drinking water. Before starting the process of R&D and designing your product, you have two options. The first option is to have discussion with your team of engineers and design the product. With this, you can finalise the product, which might be replication of something that has already been claimed or you might land up infringing the existing patents. Further investing time in R&D may also lead to similar situation. Hence, the output may not be as fruitful as it could be.

However, the second option is to outline the features that you want to have in the product and list all the patents that relate to such features. Go through such patents thoroughly and shortlist the ones that seem to be relevant. By doing this, you will get to know about:

1. The technologies already patented by others so that you don’t waste your time in re-inventing the wheel. This way you can start your research from the next level altogether. State-of-the-art is a gold mine and before inventing further, it makes lots of sense to mine it. However, if there are no patents filed or granted in the given area of technology, you have more reasons to smile and be confident that this space is available for further research.

2. The top companies working in this area and their core expertise. You might get opportunity to collaborate on R&D or further build business relationship with such companies.

3. The patents that you would like to use or even implement on your current products or processes. However, you may have to further do due diligence to ensure that you are not infringing any third party’s rights. If such patents are filed in the jurisdictions or countries where you have or plan to have business, you can always look for in-licensing such patents.

Since this whole exercise gives you enough exposure to the patents filed or granted in the area of technology of your interest, you get better clarity on the steps to be taken for further development of the product, direction in which R& D efforts has to be planned and of course, patentability assessment of your new ideas. This not only saves R&D effort and time but also helps you to come up with more innovative products having more sustainability in the market.

Note: The information provided in the article is generic and is only for general understanding of the subject. For specific matters, please take advice from the expert as certain steps provided are very sensitive and shall be performed only by the experts.