This policy aims to lay down the processes for promotion and support available to innovators (students, faculty and other employees of MCOE) for translating their creative works into Intellectual Property (IP). This policy also aims to set forth guidelines for ownership of IP developed at MCOE and its commercialization.
The IPR Cell at MCOE constituting following members will provide guidance and support to the interested parties (students / faculty members / other employees) about application procedure, financial details and about necessary support funds from the college strictly considering the possible IP protection as per Indian Govt. policies.
Dr. Mrs. K. R. Joshi (Chair)
Dr. Mr. G. S. Modak (Coordinator)
Dr. Mrs. R. S. Kamathe (Member & Subject Expert- E & TC)
Dr. Mrs. S. D. Borde (Member & Subject Expert- E & TC)
Dr. Mr. J. S. Gawande (Member & Subject Expert- Mechanical)
Conduct / organize workshops to create and enhance awareness seminars/workshops on topics of ownership, confidentiality, disclosure, patentability, technology transfer, revenue sharing and conflict of interest, IP management etc.
Provide necessary templates and guidelines or suggest appropriate references during the application process of Intellectual Property - Patent, Copyright, Trade Mark / Service Mark.
Verify the received applications for appropriateness of IP and recommend it to Finance Section for necessary financial asistance
Ownership:
a. Inventions:
Invention(s) created by MCOE personnel with the use of significantcollege resources, shall be owned by the creator(s) with affiliation specified at PES’s Modern College of Engineering.
b. Copyrightable Work:
Ownership of copyright of all copyrightable work shall rest with the author(s) with the following exceptions:
MCOE shall be the owner of the copyright of work, including software, created by Student / faculty with significant use of college resources. MCOE shall be the owner of the copyright on all teaching material developed by faculty members as part of any of the academic programs at MCOE. However, the authors shall have the right to use the material in her/his professional capacity. However, MCOE shall not claim ownership of copyright on books and publications authored by faculty/ students.
c. Trade Mark(s) / Service Mark(s):
Ownership of trade mark(s) / service mark(s) created for MCOE shall be with MCOE.
Disclosure is a critical part of the IP protection process and it formally documents claims of inventorship, the date of the invention and other details of the invention. The inventor(s) shall assign the rights of the disclosed invention to MCOE.
All MCOE personnel and non-MCOE personnel associated with any activity of MCOE shall treat all IP related information which has been disclosed to the IPRCell, MCOE and/or whose rights are assigned to MCOE, or whose rights rest with MCOE personnel, as confidential. Such confidentiality agreement should be signed by the parties involved prior start of the activities. Such confidentiality shall be maintained till the date as demanded by the relevant contract, if any, between the concerned parties unless such knowledge is in the public domain or is generally available to the public.
An IPR Cell members with a subject expertise shall assess the disclosure in a timely manner and shall make recommendations to the Chair, IPR Cell about the patentability of the invention according to the provisions of Section I of this policy. The IPR Cell, MCOE may make one of the following recommendations:
MCOE shall take the responsibility of protection of the IP, in which case, MCOE will initiate appropriate processes. MCOEshall not take the responsibility of protection of the IP, in which case, the rights to the disclosed invention shall be promptly reassigned to the creator(s). The creator(s) may then choose to protect the creative work on their own. Legal advice (if needed) is to be sought from faculty of PES’s Law College, Pune. Separate committee will be constituted for endorsing the applications to be submitted under KAPILA scheme. Legal advice (of maximum two hours per patent) from the LEGAL MEMBER of the committee constituted under KAPILA scheme can be sought by the applicant whereas if the time required for discussions exceeds two hours, the additional legal charges shall be borne by the applicant.
a. Patent:
If MCOE opts to protect the creative work, it shall provide an IPR Advisor/Patent Attorney for drafting the IP application as appropriate. MCOE shall pay for access to the relevant IP information databases and other associated costs. The inventor(s) shall conduct IP searches, study the prior art and provide the necessary inputs to assist in the drafting of the IP application. MCOE shall bear costs of drafting and e-filing an Indian IP application as stated below:
Details | Amount |
---|---|
Digital Signature for online Patent filing | 2000/- |
Application Fees | 8000/- |
Exam Fees | 20,000/- |
Early Publication | 12,500/- |
Contingency | 1000/- |
Total | 43,500/- (Max) |
Details | Amount |
---|---|
Digital Signature for online Patent filing | 2000/- |
Author Fees | 1600/- |
Exam Fees | 4000/- |
Early Publication | 2500/- |
Contingency | 1000/- |
Total | 11,100/- (Max) |
b. Copyright:
Details | Amount |
---|---|
Literary/dramatic/Musical/artistic work | 500/- per work |
Literary / artistic work which is used /capable to be used in relation to any goods or services | 2000/- per work |
c. Trademark:
Details | Amount |
---|---|
Application by Individual / small enterprise | 5000/- per work |
Creator(s) shall strive to market the IP and identify potential licensee(s) for the IP.
The net earnings from the commercialization of IP owned by MCOE would be shared as follows
Net earnings | Inventor(s)share | MCOEs share |
---|---|---|
For the first amount X | 70% | 30% |
For the next amount X | 50% | 50% |
For amounts more than X | 30% | 70% |
It is suggested that amount X be initially fixed at Rs. 10 lakhs.
The inventor(s) are required to disclose any conflict of interest or potential conflict of interest (if any).
Dr. Mrs. K. R. Joshi Principal
Dr. Mr. G. S. Modak
Dr. Mrs. R. S. Kamathe
Dr. Mrs. S. D. Borde
Dr. Mr. J. S. Gawande
IPR Cell Members