Patenting, Innovation & Technology Transfer : The CSIR Experience

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

2 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 scientists are currently employed with CSIR. CSIR is one of the largest public funded R&D organizations.

3 Innovation and patenting: Important for technological and eventual economic growth Intellectual property public use commercial returns Technology transfer viable product or process

4 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.

5 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.

6 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.

7 R&D generation CSIR LABS IPM Division of CSIR Patent Filing through IPMD of CSIR Innovation IP Cell (screening analysis Searches Patent drafting)

8 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.

9 Non exclusive licensing is preferred in CSIR. Exclusive licensing in limited instances for short durations. Joint IP for collaborative innovation / codevelopment. Technology costing is done by the labs as per CSIR guidelines.

10 Important for encouragement to researchers who can draw satisfaction from getting the research results to reach the public Technology transfer Gives a possibility of creation of jobs Benefits public with new products Enhances competitiveness in the global economy

11 Tech-transfer modalities Public funded lab/csir Lab Company Research Proof of concept Feasibility study Product Development Product Development/ Service project Public funding In house IP cell Lab-CSIR Funds??? PPP? New Venture requires funding support (CSIR DBT DST)?

12 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)

13 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.

14 Thank you