BRMK557

Model Question Paper-1 with effect from 2022-23 (CBCS Scheme)

Fifth Semester B.E. Degree Examination Subject
Title: Research Methodology and Intellectual Property Rights

MODULE-1

Q.01)

a) Explain Research Flow cycle with a Neat Diagram.

➔
Research involves formulation of hypothesis or proposition of solutions, data analysis,
and deductions; and ascertaining whether the conclusions fit the hypothesis.

Research is a process of creating, or formulating knowledge that does not yet exist.

i) The research cycle starts with basically a practical problem: one must be
clear what the problem being attempted to solve is and why it is important.
This problem motivates a research question without which one can tend to
get lost in a giant swamp of information.
ii) The question helps one zero in onto manageable volume of information, and
in turn defines a research project which is an activity or set of activities that
ultimately leads to result or answer, which in turn helps to solve the practical
problem that one started with in the first place as in figure.
iii) Research is not just about reading a lot of books and finding a lot of,
gathering a lot of existing information. It is instead adding, maybe small and
specific, yet original, contribution to that existing body of knowledge. So,
research is about how one poses a question which has relevance to the world
that we are living in.

1
SQ
 iv) while looking for that answer one has to be as systematic as one can be. There
must be a balance between what is achievable in a research program with a
finite endpoint and also, the contribution it is going to make. The objective of
a good research program is to try and gain insight into something. Or indeed,
to try and solve a problem.

Q.01)

b) What are three broad categories of developing and accessing Research

➔ The ways of developing and accessing knowledge come in three, somewhat
overlapping, broad categories:
(i) Observation is the most fundamental way of obtaining information from a
source, and it could be significant in itself if the thing that we are trying to
observe is really strange or exciting, or is difficult to observe. Observation
takes different forms from something like measurements in a laboratory to a
survey among a group of subjects to the time it takes for a firmware routine
to run. The observational data often needs to be processed in some form and
this leads to the second category of knowledge, the model.
(ii) Models are approximated, often simplified ways of describing sometimes very
complex interactions in the form of a statistical relationship, a figure, or a set
of mathematical equations. For instance, the modeling equation captures the
relationship between different attributes or the behavior of the device in an
abstract form and enables us to understand the observed phenomena.
(iii) The final category is a way of arranging or doing things through processes,
algorithms, procedures, arrangements, or reference designs, to get a certain
desired result.
The categories of knowledge as enumerated are

2
SQ
 Good research involves systematic collection and analysis of information and
is followed by an attempt to infer a little bit beyond the already known
information in a way that is a significant value addition. Engineering
research is a journey that traverses from a research area
(Example: Control Systems),
to the topic (example: Control of Microbial Fuel Cells) and
finally onto the problem (example: Adaptive Control of Single Chamber
Microbial Fuel Cells) (Area → Topic → Problem).
Getting a good problem to solve is more than half the work done.
Q.01)

c) Explain the three different types of Research? Give distinct examples of each.

➔ Types of Engineering Research:

The different types of research are

(i) Descriptive versus Analytical: Descriptive research includes comparative and

correlational methods, and fact-finding inquiries, to effectively describe the
present state of art. The researcher holds no control over the variables;
rather only reports as it is. Descriptive research also includes attempts to
determine causes even though evaluation are utilized. Some research studies
can be both descriptive and analytical.
(ii) Applied versus Fundamental: Research can either be applied research or
fundamental (basic or pure) research. Applied research seeks to solve an
immediate problem facing the organization, whereas fundamental research is
concerned with generalizations and formulation of a theory. Research
concerning natural phenomena or relating to pure mathematics are examples
of fundamental research. Research to identify social or economic trends, or
those that find out whether certain communications will be read and
understood are examples of applied research. The primary objective of
applied research is to determine a solution for compelling problems in actual
practice, while basic research is aimed at seeking information which could
have a broad base of applications in the medium to long term.
(iii) Quantitative versus Qualitative: Quantitative research uses statistical
observations of a sufficiently large number of representative cases to draw
any conclusions, while qualitative researchers rely on a few nonrepresentative
cases overall narrative in behavioral studies such as clustering effect in
intersections in Transportation engineering to make a proposition.

Q.02)

a) List the different types of Research misconduct ?Provide examples for each

➔ Engineering research should be conducted to improve the state-of-the-art of

technologies. Research integrity encompasses dealing fairly with others, honesty about
3
SQ
the methods and results, replicating the results wherever possible so as to avoid errors,
protecting the welfare of research subjects, ensuring laboratory safety, and so forth. In
order to prevent mistakes, peer reviews should take place before the research output is
published.
There may be different types of research misconduct as described, which can be
summarized as follows:

• Fabrication (Illegitimate creation of data): Fabrication is the act of conjuring data or

experiments with a belief of knowledge about what the conclusion of the analysis or
experiments would be, but cannot wait for the results possibly due to timeline pressures
from supervisor or customers.

• Falsification (Inappropriate alteration of data): Falsification is the misrepresentation

or misinterpretation, or illegitimate alteration of data or experiments, even if partly, to
support a desired hypothesis even when the actual data received from experiments
suggest otherwise.
• Plagiarism (Taking other’s work sans attribution): Plagiarism takes place when
someone uses or reuses the work (including portions) of others (text, data, tables,
figures, illustrations or concepts) as if it were his/her own without explicit
acknowledgement. Verbatim copying or reusing one‘s own published work is termed as
self-plagiarism and is also an unacceptable practice in scientific literature.

➢ The increasing availability of scientific content on the internet seems to encourage

plagiarism in certain cases, but also enables detection of such practices through
automated software packages.

• Other Aspects of Research Misconduct: Serious deviations from accepted conduct

could be construed as research misconduct. When there is both deception and damage,
a fraud is deemed to have taken place. Sooner or later ethical violations get exposed
simultaneous submission of the same article to two different journals also violates
publication policies.

➢ Another issue is that when mistakes are found in an article or any published content,
they are generally not reported for public access unless a researcher is driven enough to
build on that mistake and provide a correct version of the same which is not always the
primary objective of the researcher.

Q.02)

b) What are the objectives of Engineering Research and its motivation?

➔ OBJECTIVES OF ENGINEERING RESEARCH:

The purpose of research is to discover answers to questions through the application of
scientific procedures. The main aim of research is to find out the truth which is hidden
4
SQ
and which has not been discovered as yet. Though each research study has its own
specific purpose, we may think of research objectives as falling into a number of
following broad groupings:

1. Exploratory or Formulative research studies: To gain familiarity with a phenomenon

or to achieve new insights into it.

2. Descriptive research studies: To portray accurately the characteristics of a particular

individual, situation or a group.
3. Diagnostic research studies: To determine the frequency with which something occurs
or with which it is associated with something else.
4. Hypothesis-testing research studies: To test a hypothesis of a causal relationship
between variables.

MOTIVATION IN ENGINEERING RESEARCH:

The possible motives may be the result of one or more of the following desires:

• Studies have shown that intrinsic motivations like interest, challenge, learning,
meaning, purpose, are linked to strong creative performance.

• Extrinsic motivating factors like rewards for good work include money, fame, awards,
praise, and status are very strong motivators, but may block creativity. For example:
Research outcome may enable obtaining a patent which is a good way to become rich
and famous.

• Influences from others like competition, collaboration, commitment, and

encouragement are also motivating factors in research. For example: my friends are all
doing research and so should I, or, a person that I dislike is doing well and I want to do
better.

• Personal motivation in solving unsolved problems, intellectual joy, service to

community, and respectability are all driving factors.

Q.02)

c) Give a detailed description of Ethics and Ethical practices in Research

➔ ETHICS IN ENGINEERING RESEARC:

• Ethics generally refers to a set of rules distinguishing acceptable and unacceptable

conduct, distinguishing right from wrong as such

• Most people learn such norms in their formative years, but moral development
continues through different stages of growth. Although everyone recognizes some
common ethical norms, but there is difference in interpretation and application.

5
SQ
• Ethical principles can be used for evaluation, proposition or interpretation of laws.
Although ethics are not laws, but laws often follow ethics because ethics are our shared
values.

• International norms for the ethical conduct of research have been there since the
adoption of the Nuremberg Code in 1947.

• According to Whitbeck, the issues related to research credit dates back to the
establishment of the British Royal Society (BRS) in the seventeenth century to refine the
methods and practices of modern science. This event altered the timing and credit issues
on the release of research results since BRS gave priority to whoever first submitted
findings for publication, rather than trying to find out who had first discovered.

• Whitbeck raised two simple but significant questions to address the tricky issue of
authorship in research:

o Who should be included as an author and

o The appropriate order of listing of authors.

• In an increasingly interconnected world, the issue of co-authorship is very relevant to

all researchers. There are issues around individuals who may be deeply involved during
the conduct of the research work, but may not contribute in the drafting phase.

• Government bodies and universities worldwide have adopted certain codes for
research ethics. Research ethics and the responsible conduct of research are often
erroneously used interchangeably.

• Research ethics examines the appropriate application of research outcomes, while

responsible conduct of research deals with the way the work is undertaken.

ETHICS IN ENGINEERING RESEARCH PRACTICE:

• Technological developments raise a whole range of ethical concerns such as privacy

issues and data related to surveillance systems, and so engineering researchers need to
make ethical decisions and are answerable for the repercussions borne out of their
research as outcomes.

• The reason that ethics matter in data used in engineering research is usually because
there is impact on humans. Certain practices may be acceptable to certain people in
certain situations, and the reasons for unacceptability may be perfectly valid.

• Researchers make many choices that matter from an ethical perspective and influence
the effects of technology in many different ways:

o By setting the ethically right requirements at the very outset, engineering

researchers can ultimately influence the effects of the developed technology.

6
SQ
 o Influence may also be applied by researchers through design (a process that
translates the requirements into a blueprint to fulfill those requirements). During
the design process, decision is to be made about the priority in importance of the
requirements taking ethical aspects into consideration.
o Thirdly, engineering researchers have to choose between different alternatives
fulfilling similar functions.

• Research outcomes often have unintended and undesirable side effects. It is a vital
ethical responsibility of researchers to ensure that hazards/risks associated with the
technologies that they develop, are minimized and alternative safer mechanisms are
considered.

• If possible, the designs should be made inherently safe such that they avoid dangers,
or come with safety factors, and multiple independent safety barriers, or if possible a
supervisory mechanism to take control if the primary process fails.

MODULE-2
Q.03)

a) What are the primary goals of Literature Review?

➔ • The primary goal of literature review is to know the use of

content/ideas/approaches in the literature to correctly identify the problem that is
vaguely known beforehand, to advocate a specific approach adapted to understanding
the problem, and to access the choice of methods used.

• It also helps the researcher understand clearly that the research to be undertaken
would contribute something new and innovative.

• The quality of such review can be determined by evaluating if it includes appropriate

breadth and depth of the area under study, clarity, rigor, consistency, effective analysis.

Q.03) .

b) How does new and existing Knowledge contribute to Research.

➔NEW AND EXISTING KNOWLEDGE

• New knowledge in research can only be interpreted within the context of what is
already known, and cannot exist without the foundation of existing knowledge.
• The new knowledge can have vastly different interpretations depending on what the
researcher’s background, and one‘s perception of that new knowledge can change from
indifference to excitement (or vice versa), depending on what else one knows.
• The significance can normally be argued from the point of view that there is indeed an
existing problem and that it is known by looking at what already exists in the field.
7
SQ
• The existing knowledge is needed to make the case that there is a problem and that it is
important.

• One can infer that the knowledge that is sought to be produced does not yet exist by
describing what other knowledge already exists and by pointing out that this part is
missing so that what we have is original. To do this, one’s again need’s the existing
knowledge: the context, the significance, the originality, and the tools.

• Normally, one finds this knowledge by reading and surveying the literature in the field
that was established long ago and also about the more recent knowledge which is in fact
always changing.

• With this foundation in place, the new knowledge that one will make will be much
more difficult to challenge than without that strong foundation in place which is
ensured with lots of references to the literature.

• Often, but not always, the textbooks contain the older established knowledge and the
research papers the newer work. Reading the textbooks on one’s topic provide the
established knowledge and the background to be able to read the newer work usually
recorded in the research papers.
• The research paper is written for other researchers out on the edge of knowledge and
it assumes that the reader already knows a lot in that field.

• The review process must explain how a research item builds on another one. An
effective review of literature ensures a firm foundation for advancing knowledge,
facilitates theoretical growth, eliminates as areas that might be of interest, and opens
new avenues of possible work.

• Generally, a good literature survey is the first expectation of a supervisor from the
research student, and when done well can create a good impression that the state of art
in the chosen field is well understood.

• A good literature review would not draw hasty conclusions and look into the individual
references to determine the underlying causes/assumptions/mechanisms in each of them
so as to synthesize the available information in a much more meaningful way.

• A good literature survey is typically a two-step process as enumerated below:

* Identify the major topics or subtopics or concepts relevant to the subject under
consideration.
* Place the citation of the relevant source (article/patent/website/data, etc.) in the
correct category of the concept/topic/subtopic.

• It could be that as one is reading and comes across something that one considers to be
very important for one’s work. Naturally, one highlights that section or underlines it, or
put an asterisk in the margin, so that one could come back to it later. Effectively, one is
saying that it is important and hence the marking so as not to forget it.
8
SQ
• A comprehensive literature survey should methodically analyze and synthesize quality
archived work, provide a firm foundation to a topic of interest and the choice of suitable
research methodologies, and demonstrate that the proposed work would make a novel
contribution to the overall field of research.
Q.03)

c) What are datasheets enumerate their comtemts?

➔ • Researchers in different fields of engineering will need to read certain types of

documents. For example, mechanical and civil engineers would need to read drawings
related to mechanical parts and buildings. Researchers in the field of electronics need to
read datasheets.

• On occasions, researchers in other fields may also need to incorporate a certain

electronic part in which case careful reading of the datasheet is imperative.

• The same principles like initial skimming of the datasheet are required to ascertain
whether further careful reading is needed.

• Datasheets are instruction manuals for electronic components, which (hopefully)

details what a component does and how one may use it. Datasheets enable a researcher
(or a working professional) to design a circuit or debug any given circuit with that
component.

• The first page of the datasheet usually summarizes a part‘s function and features,
basic specifications, and usually provides a functional block diagram with the internal
functions of the part.

• A pin out provides the physical location of a part‘s pins, with special mark for pin 1 so
that the part can be correctly plugged into the circuit. Some parts also provide graphs
showing performance versus various criteria (supply voltage, temperature, etc.), and
safe region for reliable operation which should be carefully read and noted by the
researcher.

• One should be also in the lookout for truth tables which describe what sort of inputs
provide what types of outputs, and also timing diagrams which lay out how and at what
speed data is sent and received from the part.

• Datasheets usually end with accurate dimensions of the packages a part is available in.
This is useful for printed circuit board (PCB) layout. When working with a new part, or
when deciding which part to use in the research work, it is recommended to carefully
read that part‘s datasheet to come up with a bit of shortcut that may potentially save
many hours later on.

9
SQ
Q.04)

a) Explain the terms critical reading and creative reading?

➔ CRITICAL AND CREATIVE READING:-

• Reading a research paper is a critical process. The reader should not be under the
assumption that reported results or arguments are correct. Rather, being suspicious and
asking appropriate questions is in fact a good thing.

• Have the authors attempted to solve the right problem? Are there simpler solutions
that have not been considered? What are the limitations (both stated and ignored) of the
solution and are there any missing links? Are the assumptions that were made
reasonable? Is there a logical flow to the paper or is there a flaw in the reasoning? These
need to be ascertained apart from the relevance and the importance of the work, by
careful reading.

• Use of judgmental approach and boldness to make judgments is needed while reading.

• Flexibility to discard previous erroneous judgments is also critical.

• Additionally, it is important to ascertain whether the data presented in the paper is
right data to substantiate the argument that was made in the paper and whether the
data was gathered and interpreted in a correct manner.

• Critical reading is relatively easy. It is relatively easier to critically read to find the
mistakes than to read it so as to find the good ideas in the paper. Anyone who has been a
regular reviewer of journal articles would agree to such a statement.

• Reading creatively is harder, and requires a positive approach in search. In creative

reading, the idea is to actively look for other applications, interesting generalizations, or
extended work which the authors might have missed? Are there plausible modifications
that may throw up important practical challenges? One might be able to decipher
properly if one would like to start researching an extended part of this work, and what
should be the immediate next aspect to focus upon.

Q,04)

b) Explain the term citation? Describe the functions of citation?

➔ • Citations (references) credit others for their work, while allowing the readers to
trace the source publication if needed.

• Any portion of someone else‘s work or ideas in papers, patents, or presentations must
be used in any new document only by clearly citing the source.

• This applies to all forms of written sources in the form of texts, images, sounds, etc.
and failure to do may be considered plagiarism.
There are three main functions of citation:

10
SQ
 (i) Verification function: Authors have a scope for finding intentional or
unintentional distortion of research or misleading statements. Citation offers
the readers a chance to ascertain if the original source is justified or not, and
if that assertion is properly described in the present work.
(ii) Acknowledgment function: Researchers primarily receive credit for their
work through citations. Citations play crucial role in promotion of individual
researchers and their continued employment. Many reputed organizations
and institutes provide research funding based on the reputations of the
researchers. Citations help all researchers to enhance their reputation and
provide detailed background of the research work.
(iii) Documentation function: Citations are also used to document scientific
concepts and historical progress of any particular technology over the years.

Q.04)

c) Explain the knowledge flow process through a citation network?

• Knowledge flows through verbal communications, books, documents, video, audio,

and images, which plays a powerful role in research community in promoting the
formulation of new knowledge.

• In engineering research, knowledge flow is primarily in the form of books, thesis,

articles, patents, and reports. Citing a source is important for transmission of
knowledge from previous work to an innovation.

• Knowledge flow happens between co-authors during research collaboration, among

other researchers through their paper citation network, and also between institutions,
departments, research fields or topics, and elements of research.

• If paper A is cited by paper B, then knowledge flows through citation networks across
institutions.

11
SQ
• The complex interdisciplinary nature of research encourages scholars to cooperate
with each other to grab more advantages through collaboration, thereby improving
quality of the research.

MODULE-3

Q.05)

a) Define the term patent?

➔Patents:
A patent is an exclusive right granted for an innovation that generally provides a new
way of doing something or offers a new technical solution to a problem. The exclusive
right legally protects the invention from being copied or reproduced by others. In
return, the invention must be disclosed in an application in a manner sufficiently clear
and complete to enable it to be replicated by a person with an ordinary level of skill in
the relevant field.

Q.05)

b) Write a brief history of Patents.

➔ • The history of the Indian patent system dates back to the pre independence era of
British rule. The first patent related legislation in India was Act VI of 1856, adapted
from the British Patent Law of 1852. The objective of this legislation was to encourage
the inventions of new and useful manufactures.

• At the beginning of the 20th century, all the earlier Acts related to inventions and
designs were done away with the introduction of ―The Indian Patents and Designs Act‖
1911 (Act II of 1911).

• As per this Act, the governance of patents was placed under the management of the
Controller of Patents. In the next three decades, many amendments were introduced for
reciprocal arrangements with other countries for securing priority dates.

• Keeping the national interest in mind, recommendations were made in 1949 as a

modification to existing ―The Indian Patents and Designs Act‖.

• These recommendations were introduced in the Act XXXII of 1950

• Two years later, another amendment (Act LXX of 1952) was made to provide
compulsory licensing of patents related to food, drugs and chemicals killing insects and
microbes. Based on these amendments, a bill was presented in the parliament in 1953
but was rejected.

12
SQ
• In 1957 a committee was constituted and the committee submitted its report to the
government in 1959.

• The revised patent legislation was submitted to the Lok Sabha in 1965. After many
hiccups, clarifications and modifications the Patents Act, 1970.

• In 1999, The Patents (Amendment) Act, 1999 was introduced providing for the filing
of applications for ‗Product Patents‗ in the areas of drugs, pharmaceuticals and
agrochemicals.

• The new Patent Act also included provisions for the grant of Exclusive Market Rights
(EMRs) for the distribution and sale of pharma products on fulfillment of certain
conditions. The second amendment to the 1970 Act was made through the Patents
(Amendment) Act, 2002 (Act 38 of 2002). This Act introduced new Patent Rules, 2003,
thus replacing the earlier Patents Rules, 1972.

• With the rapidly changing scenario of IPR at a global level, a need was felt to further
amend the Patent Act, 1970.

Q.05)

c) What are different patent applications and how are they commercialized.
➔Types of Patent Applications

1. Provisional Application - A patent application filed when the invention is not fully
finalized and some part of the invention is still under experimentation. Such type of
application helps to obtain the priority date for the invention.
2. Ordinary Application - A patent application filed with complete specifications and
claims but without claiming any priority date.

3. PCT Application - An international application filed in accordance with PCT. A single

application can be filed to seek patent protection and claim priority in all the member
countries of PCT.

4. Divisional Application - When an application claims more than one invention, the
applicant on his own or to meet the official objection on the ground of plurality may
divide the application and file two or more applications. This application divided out of
the parent one is known as a Divisional Application. The priority date for all the
divisional applications will be the same as that of the main (the Parent) Application
(Ante-dating).

5. Patent of Addition Application - When an invention is a slight modification of the

earlier invention for which the patentee has already applied for or has obtained a
patent, the applicant can go for ‗Patent of Addition‘, if the modification in the invention
is new. Benefit - There is no need to pay a separate renewal fee for the ‗Patent of
Addition‘, during the term of the main patent. It expires along with the main patent.

13
SQ
6. Convention Application - If a patent application has been filed in the Indian Patent
Office, and the applicant wishes to file the same invention in the one or more
Convention countries (e.g. Paris Convention) by claiming the same priority date on
which application was filed in India, such an application is known as Convention
Application. The applicant has to file Convention Application within 12 months from
the date of filing in India to claim the same priority date

Commercialization of a Patent

The patent owner may grant permission to an individual/organization/industry to make,

use, and sell his patented invention. This takes place according to agreed terms and
conditions between the involving parties.

A patent owner may grant a license to a third party for the reasons mentioned below:

i) The patent owner has a decent job e.g. university professor and has no desire or
aptitude to exploit the patent on his own.
ii) The patent owner may not have the necessary manufacturing facilities.
iii) The manufacturing facility is not able to meet the market demand.
iv) The patent owner wishes to concentrate on one geographic market; for other
geographical markets, he may choose to license the patent rights.

If the patentee is not able to commercialize his patent within three years from the date
of the grant of a patent, any person may submit an application to the Controller of
Patents for grant of Compulsory Licensing (of the patent), subject to the fulfilment of
following conditions:

i) Reasonable requirements of the public concerning the patented invention have

not been satisfied.
ii) The patented invention is not available to the public at a reasonable price.
iii) The patented invention is not worked in the territory of India.

Q.06)
a) What are the inventions eligible for patenting and which are the matters considered
as non patentable?

➔ Inventions Eligible for Patenting

Patents may be granted for inventions/technologies in any field, ranging from a paper
clip or ballpoint pen to a nanotechnology chip or a Harvard mouse (mouse with cancer
genes). It is a general belief that patents are awarded only to major scientific
breakthroughs. But, it is not true. In fact, the majority of patents are granted to
inventions displaying an improvement over the existing invention. For example, many
patents can be awarded to a single molecule e.g. penicillin (an antibiotic that kills
microbes) and its derivatives. The derivatives are made by making subtle changes in the
structure of the penicillin resulting in new/improved properties, such as acid stability or

14
SQ
temperature stability or killing a wide range of microbes (germs). The new antibiotic
molecules, known as second, third or fourth generation penicillin can also be patented.

In our daily life, we use many patented items, such as toothbrush, toothpaste, shoes,
pen, eyeglasses, textiles, mobile phones, wrist watch, bicycle, scooter, car, television, cold
drinks, beverages and many more. It is not uncommon that many products contain
several inventions (patents) e.g. the laptop computer involves hundreds of inventions
working together. Similarly, cars, mobile phones and televisions have many patented
components.

Non-Patentable Matters

In the ‗Patent Act, 1970, there are some exclusions (product and processes) that cannot
be patented, such as:

i) Invention contrary to public morality - a method for human cloning, a

method for gambling.
ii) Mere discovery - finding a new micro-organism occurring freely in nature,
laws of gravity.
iii) Mere discovery of a new form of a known substance - use of aspirin for heart
treatment. Aspirin was patented for reducing fever and mild pains.
iv) Frivolous invention - dough supplemented with herbs, merely changing the
taste of the dough, 100 years calendar, bus timetable.
v) Arrangement or rearrangement - an umbrella fitted with a fan, a torch
attached to a bucket.
vi) Inventions falling within Section 20(1) of the Atomic Energy Act, 1962 -
inventions relating to compounds of Uranium, Beryllium, Thorium,
Plutonium, Radium, Graphite, Lithium and more as notified by the Central
Government from time to time.
vii) Literary, dramatic, musical, artistic work - books, sculptures, drawings,
paintings, computer programmes, mathematical calculations, online chatting
method, method of teaching, method of learning a language as they are the
subject matter of Copyright Act. 1957.
viii) Topography of integrated circuits - protection of layout designs of integrated
circuits is provided separately under the Semiconductor Integrated Circuit
Layout Designs Act, 2000.
ix) Plants and animals - plants and animals in whole or any part including seeds,
varieties and species and essentially biological processes for the production or
propagation of plants and animals are excluded from the scope of protection
under patents.
x) Traditional knowledge - an invention which in effect is traditional knowledge
or which is an aggregation or duplication of known properties of traditionally
known components are also excluded.

15
SQ
Q.06)

b) Explain through a flow chart the major steps involved in patenting.

➔ The major steps involved in this process are listed in figure .

i) Prior Art Search - Before an inventor embarks upon the patent filing process,
he has to ensure that his invention is ‘novel‘ as per the criterion for the grant
of a patent. For this, he has to check whether or not his invention already
exists in the public domain.
ii) Patent Application Forms As per the Patent Act, 1970 (Section 39) and the
Patents Rules, 2003 (Rule 7, 54, 135 and sub- rule (1) of rule 20, the
application for the grant of patent is filed using Form-1 and Form-2.
iii) Jurisdiction of Filing Patent Application - India has four offices for filing
patent applications. The applications can be filed only in one of the offices
based on the applicant ‘s residence or domicile or place of business or origin
of the invention. These are termed as jurisdictions to file patents.
iv) Publication - Once the patent application has been filed at the Regional
Patent Office, the patent application is kept secret for 18 months in the
Patent Office. After the expiry of 18 months (from the date of filing of the
application or the priority claimed date, whichever is earlier), the application
is published in the Official Journal of Patent Office
(http://www.ipindia.nic.in/journal- patents.htm). The purpose of publishing
the application is to inform the public about the invention. The publication of
an application is a mandatory step.
v) Pre-grant Opposition - If anybody has an objection to the invention claimed
in the patent application, he can challenge the application by approaching the
Controller of Patents within 6 months from the date of publication. It is
termed as Pre-grant Opposition. Depending on the outcome of the case, the
patent application may be rejected or recommended for the next step, i.e.
patent examination.

16
SQ
 vi) Examination - Patent examination is a critical step in the process of grant of a
patent. All the important criteria (novel, inventive step, etc.) are scrutinized
by the professionals depending on the content of the invention. Usually, the
examiner raises certain queries/doubts which need to be addressed by the
inventors. Once the examiner is satisfied with the answers received from the
inventors, the application is recommended for the grant of a patent. It is
pertinent to mention that a patent application is not examined automatically
after clearing the publication stage. The applicant or his representative has to
make a request for examination of the patent by filing Form-18A and
submitting the same within 48 months from the date of filing of the
application.
vii) Grant of a Patent - After fulfilling all the requirements for the grant of a
patent, including all objections/queries raised by the ‘Patent Examiner‘ and
the public at large, the patent is granted to the applicant. The granted patent
is published in the Official Journal of the Patent Office. This journal is
published every Friday and contains information related to patent
applications published under section (u/s) 11A, post-grant publication,
restoration of patent, notifications, list of non-working patents and public
notices issued by the Patent Office.
viii) Validity of Patent Protection The patent protection is granted to an applicant
for a limited period, generally 20 years, starting from the date of filing of the
application. Once a patent is granted for an invention in India, the next vital
step is to ensure that it is renewed annually by paying Patent Renewal Fee as
per Section 53, Rule 80 of the Indian Patents Act, till the expiry of the patent
grant period. Non-payment of Patent Renewal Fee might result in the
cancellation of the patent.
ix) Post-grant Opposition Once the patent has been granted by the Patent Office,
it still can be challenged by anyone within one year from the date of
publication of the grant of the patent. The granted patent can be challenged
either via a Patent Office or in a Court of Law.

17
SQ
 MODULE-4

Q.07)

a) What is a copyright and write its classes.

➔ Copyrights‘ refer to the legal rights provided by law to the original creator of the
work in the fields of literature and computer software.

Classes of Copyrights In India, following classes of Copyrights exist:

• Literature: Books, Essays, Research articles, Oral speeches, Lectures, Compilations,
Computer programme, Software, Databases.
• Dramatics: Screenplays, Dramas. • Sound Recordings: Recording of sounds regardless
of the medium on which such recording is made e.g. a Phonogram and a CD-ROM.

• Artistic: Drawing, Painting, Logo, Map, Chart, Photographs, Work of Architecture,

Engravings, and Craftsmanship.

• Musical: Musical notations, excluding any words or any action intended to be sung,
spoken or performed with the music. A musical work need not be written down to enjoy
Copyright protection.

• Cinematograph Films: ‗Cinematograph Film‘ is a visual recording performed by any

medium, formed through a process and includes a sound recording. For example,
Motion Pictures, TV Programmes, Visual Recording, Sound Recording, etc.

Q.07)

b) Explain what are the two exclusive rights owned by copyright owners ?

➔ The Copyright laws clearly state the ownership of Copyright.

• The person who created the work is considered as the first (original) holder (owner) of
the Copyright.

• In case the author is an employee and has been contracted to do the work by a
proprietor (of the company/firm/society /organization, etc.), the owner of the Copyright
shall be the proprietor.

• The government will be the primary owner of the government work in the absence of
any kind of arrangement.

• The person delivering a speech is the first owner of the Copyright. To obtain
permission to use copyrighted material, a request for the same should be made to the
legal owner (of the copyrighted material), which could be the original author, the legal
heir (in case of the death of the author), publisher, etc. The request must mention the
following:

18
SQ
 • Title, author and/or editor, and edition.

• Precise material to be used.

• The number of copies.

• The purpose of the material e.g. educational, research, etc.

• Form of distribution e.g. hard copy to classroom, posted on the internet.

• Whether the material is to be sold e.g. as part of a course pack.

Q.07)

c) What is the role of Register of copyrights and the powers given to the Board of
Copyrights?

➔ JUDICIAL POWERS OF THE REGISTRAR OF COPYRIGHTS

• The Registrar of Copyrights has the powers of a civil court when trying a suit under
the Code of Civil Procedure in respect of the following matters:

o Summoning and enforcing the attendance of any person and examining him on
oath.

o Requiring the discovery and production of any document.

o Receiving evidence on affidavit.

o Issuing commissions for the examination of witnesses or documents.

o Requisitioning any public record or copy thereof from any court or office.

o Any other matters which may be prescribed.

• Usually, it takes around 2-3 months to get the work registered by the Copyright Office.
After applying, there is a mandatory waiting period of 30 days.

• If any person has any objection to the claim/s made in the application, he can contact
the office of the Registrar of Copyrights.

• After giving an opportunity of hearing to both the parties, the Registrar may decide
the case in favor or against the author of the work. Once the objections (if any) are
cleared, the application is evaluated by the examiners.

• If any doubts/queries are raised, the applicant is given ample time (around 45 days) to
clear these objections.
COPYRIGHT BOARD

• The Copyright Board is a regulatory body constituted by the government, to perform

judicial functions as per the Copyright Act of India.

19
SQ
• The Board comprises of a Chairman and members (2-14) to arbitrate on Copyright
cases. The Chairman of the Board is of the level of a judge of a High Court. As per the
Act, the Board has the power to:

o Hear appeals against the orders of the Registrar of Copyrights.

o Hear applications for rectification of entries in the Register of Copyrights.

o Adjudicate upon disputes on the assignment of Copyrights.

o Grant compulsory licenses to publish or republish works (in certain

circumstances).

o Grant compulsory license to produce and publish a translation of a literary or

dramatic work in any language after seven years from the first publication of the
work.

o Hear and decide disputes as to whether a work has been published or about the
date of publication or the term of Copyright of a work in another country.

o Fix rates of royalties in respect of sound recordings under the cover-version

provision.

o Fix the resale share right in original copies of a painting, a sculpture or a

drawing and original manuscripts of a literary or dramatic or musical work.

Q.08)

a) What is a trademark? List the advantages a owner of the trademark gain through its
registration

➔ TRADEMARK

• In simple language, a Trademark (or Trade Mark) is a unique symbol which is capable
of identifying as well as differentiating products or services of one organization from
those of others.

• The word ‗Mark’ stands for a sign, design, phrase, slogan, symbol, name, numeral,
devise, or a combination of these.

• Essentially, the Trademark is anything that identifies a brand to a common consumer.

Although, registration of a Trademark is not compulsory, registration provides certain

advantages to the proprietor of the Trademark, such as:

• Legal Protection – prevents the exploitation of the Registering Trademark by

other companies/organizations/individuals, without proper authorization by the
legal owner/s of the Trademark. In case of legal suits, a registered Trademark
can serve as a potent evidence of the lawful proprietorship of the Trademark.

20
SQ
 • Exclusive Right - grants the Trademark owner full rights to use it in any lawful
manner to promote his business.

• Brand Recognition - products/ services are identified by their logo, which helps
create brand value over time. A strong brand is a huge pull for new customers
and an anchor for existing customers. Registering a Trademark early and using
it will create goodwill and generate more business for the brand owner.

• Asset Creation - registered Trademark is an intangible property of the

organization. It can be used for enhancing the business of the company as well as
drawing new clients and retaining old one by the account of brand identification.

Q.08)

b) Explain the steps involved in Trademark Registrations using a flowchart.

➔

• The steps involved in the registration process are as follows:

21
SQ
 • After the prior art search has been conducted, the applicant can apply for the
registration on his own or with the help of a certified agent.

• The application is assigned an application number within a few days. (The same
can be tracked online at

https://ipindiaonline. gov.in/tmrpublicsearch/frmmain.aspx.)

• The application is scrutinized by a professional examiner. If everything is in

order, the particulars of the application are published in the official Trademark
journal (http: //www.ipindia. nic.in/journal-tm.htm). Otherwise, he will send the
objections to the applicant for rectification. Based on the satisfactory response,
the examiner would recommend the revised application to be published in the
journal. If the application is rejected, the applicant may approach the
Intellectual Property Division to challenge the rejection of an application by the
examiner.

• Once the Trademark is published in the official journal, the public has an
opportunity to file an objection, if any, within 90 days. After hearing both the
parties, the officer decides whether to proceed further for the grant of
Trademark or disallow the grant of Trademark. In case of unfavorable outcome,
the applicant has the right to contest the decision in front of the IPAB.

• Once the application has successfully completed all formalities, a Trademark

registration certificate is issued in the name of the applicant.

22
SQ
 MODULE-5

Q.09)
a) Explain in detail what is Industrial Design (ID).

➔ INDUSTRIAL DESIGNS

• The word ‗Design‘ is defined as the features of shape, configuration, pattern,

ornament or composition of lines or colors applied to any article. The Design may be of
any dimension i.e. one or two or three dimensional or a combination of these.

• In addition, it may be created by any industrial process or means, whether manual,

mechanical or chemical, separate or combined, which in the finished article appeal to
and is judged solely by the eye.

• But the word Design does not include any mode or principle of construction or
anything which is in substance a merely mechanical device.

• The main object of registration of industrial Designs is to protect and incentivize the
original creativity of the originator and encourage others to work towards the art of
creativity.

Q.09)

b) Summarize the Non Protectable Industrial Designs in India.

➔ NON-PROTECTABLE INDUSTRIAL DESIGNS INDIA

• Any Industrial Design which is against public moral values.

• Industrial Designs including flags, emblems or signs of any country.

• Industrial Designs of integrated circuits.

• Any Design describing the ‗process of making of an article‗.

• Industrial Designs of – books, calendars, certificates, forms and other documents,

dressmaking patterns, greeting cards, leaflets, maps and plan cards, postcards, stamps,
medals.

• The artistic work defined under Section 2(c) of the Copyright Act, 1957 is not a
subject matter for registration for Industrial Designs, such as:
o Paintings, sculptures, drawings including a diagram, map, chart or plan.

o Photographs and work of architecture.

o Any other work related to artistic craftsmanship.
23
SQ
• Industrial Designs does not include any Trademark (The Designs Act, 2000).

Q.09)
c) Describe the Registration process for Industrial Design with a flow chart.
➔

PROCEDURE FOR REGISTRATION OF INDUSTRIAL DESIGNS

Prior Art Search

• Before filing an application for registration of Industrial Designs, it is prudent to

ensure that the same or similar Design has not been registered earlier.

• This search can be carried out using various search engines, such as: Design Search
Utility (CGPDTM), Global Design Database (WIPO), etc. Application for Registration

• Once the applicant is satisfied that his Design is novel and significantly distinguishable
from other Designs, he can proceed with filing an application for Design registration.

• The application for registration of Design can be filed by an individual, small entity,
institution, organization and industry. The application may be filed through a
professional patent agent or legal practitioner.

24
SQ
• If the applicant is not a resident of India, an agent residing in India has to be employed
for this purpose.

• The applicant submits the registration application at the Design Office Deputy
Controller of Patents & Designs, Patent Office, Intellectual Property Office Building,
CP-2 Sector V, Salt Lake City, Kolkata- 700091.

• After the application has been filed, an officer (examiner) analyses the application for
qualifying the minimum standards laid down for eligibility criteria for registration.
• In case of any query, the same is sent to the applicant and he is supposed to respond
within 6 months from the objection raised.
• Once the objections are removed, the application is accepted for registration.

Q.10)

a) Define the term Geographical Indicators (GI)?What are the rights given to GI
holders?
➔ • A GI is defined as a sign which can be used on products belonging to a particular
geographical location/region and possesses qualities or a reputation associated with that
region.
• In GI, there is a strong link between the product and its original place of production.
OWNERSHIP OF GI.

• The ownership/holders of GI (registered) can be of the producers, as a

group/association/ cooperative society or association or in certain cases, government.
RIGHTS GRANTED TO THE HOLDERS.

• Right to grant the license to others - The holder has the right to gift, sell,
transfer/grant a license, mortgage or enter into any other arrangement for
consideration regarding their product. A license or assignment must be given in written
and registered with the Registrar of GI, for it to be valid and legitimate.

• Right to sue - The holder of GI has the right to use and take legal action against a
person who uses the product without his consent.

• Right to exploit - The holder of GI can authorize users with exclusive right to use
goods for which the GI is registered.
• Right to get reliefs - Registered proprietors and authorized users have the right to
obtain relief concerning the violation of such GI products.
Q.10)

b) Discuss the case study of Apple Vs Samsung.

➔ FAMOUS CASE LAW: APPLE INC. VS. SAMSUNG ELECTRONICS CO.

25
SQ
• In 2011, Apple Inc. filed a case against Samsung Electronics Co. in the United States
District Court for the Northern District of California for infringing their Designs and
Utility Patents of the user interface like screen app grid and tap to zoom.

• As evidence, Apple Inc. submitted the side-by-side image comparison of the iPhone
3GS and the i9000 Galaxy S to demonstrate the alleged similarities in both models.

• However, later it was found that the images were tempered by the Apple Company to
match the dimensions and features of the controversial Designs.
• So the counsel for Samsung Electronics blamed Apple of submitting false and
misleading evidence to the court and the company countersued the Apple Company in
Seoul, South Korea; Tokyo, Japan; and Mannheim, Germany, United States District
Court for the District of Delaware, and with the United States International Trade
Commission (ITC) in Washington D.C.

• The proceedings continued for the 7 years in various courts. In June 2018 both
companies reached for a settlement and Samsung was ordered to pay $539 million to
Apple Inc. for infringing on its patents.

Q.10)

c) Discus the case study of Basmati Patent.

➔ Basmati Patent Case:

Background:

Basmati Rice: In the late 1990s, a U.S. company was granted a patent on a method of
breeding basmati-like rice strains.

Issue: The patent claimed novel characteristics, including certain features and grain
elongation similar to traditional Basmati rice grown in India and Pakistan.

Response: The Indian government, along with various organizations and experts,
contested the patent, arguing that the patent attempted to monopolize traditional
methods of rice breeding that had been practiced for generations in the region.

Impact: The patent was narrowed down significantly after pressure and challenges from
India, limiting the patent holder's ability to claim exclusive rights over traditional
Basmati varieties.

26
SQ