Annexure 2 - Disclosure, Assessment and Protection
For all invention(s) produced at IITB, the inventor(s) are required to disclose the creative work to the IRCC at the earliest date using an Invention Disclosure form (IDF) of the Institute.
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 IITB.
For sponsored and/or collaborative activity, the provisions of the contract pertaining to disclosure of creative work are applicable.
All IITB personnel and non-IITB personnel associated with any activity of IITB shall treat all IP related information which has been disclosed to the IRCC and / or whose rights are assigned to IITB, or whose rights rest with IITB personnel, as confidential. 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.
In order to expedite and complete the procedural and legal formalities of IP protection, all inventors / creators of IITB are required to sign such identified documents and provide assistance to empower and enable IITB to complete these statutory requirements within stipulated time.
Assessment of Inventions / Innovations for protection
The Institute shall assess the patentability of the invention and make one of the following recommendations:
- IITB shall take the responsibility of protection of the IP, in which case, IITB will initiate appropriate processes.
- In the event of IITB not taking up the responsibility of protection of the IP, the inventor / creator(s) may then choose to protect the IP on their own. However the ownership rights shall remain with IITB. In such cases, the cost and revenue sharing will be governed by a separate agreement between IITB and the inventor / creator(s).
- Filings of IP Applications in foreign countries: Within a reasonable period of filing the complete IP application in India, IITB shall, based on available information decide on the suitability of protection of the invention in foreign countries.
- If IITB opts not to undertake such protection in any specific country requested by the inventor(s), the creator(s) may then choose to protect the creative work on their own. However the ownership rights shall remain with IITB. In such cases, the cost and revenue sharing will be governed by a separate agreement between IITB and the inventor / creator(s).
Renewal of IP Rights: A decision on the annual renewal of IP rights will be taken by the Institute. If IITB decides not to renew the IPR in any country, then it may assign the rights of the IP in that country to the creator(s) based on a request to that effect from the creator(s) and an internal review. In all cases where IP rights in any specific country have been reassigned to the inventor(s), IITB shall not claim any share of proceeds earned through that IP in that country excepting for the costs already incurred by IITB.