IPR: Policy, Procedure and Forms - abes.ac.in fileAs a responsible academic institution ABESES is continually encouraging research, academic excellence and innovation in the campus

IPR: Policy, Procedure and Forms

ABESEC Startups Lab Page 1

Management IPR Property

Policy, Procedures and Forms



CONTENTS

Topic

1. Preamble

2. Purpose

3. Objective

4. Policy statement

5. Applicability

6. Definitions

7. Ownership

8. Creation of intellectual property

9. Evaluation/management of IP

10. Policy for IP licensing and assignment

11. Confidentiality of IP

12. Technology transfer

13. Revenue sharing

14. Infringements, Damages, Liabilities and Indemnity

15. Conflict of interest

16. Dispute resolution

17. Jurisdiction

18. Annexure 1- Confidential Information and Invention

Assignment Agreement

19. Annexure 2- Non Disclosure Agreement



1. PREAMBLE

ABES Engineering College (hereinafter referred to as ABESEC/College) is an educational and

research institute of national importance with a vision “To create knowledge ecosystem with an

endeavor to impart learning by invigorating innovations and research to facilitate scholars to

achieve academic excellence. Institute is an academic institute dedicated to excellence in

teaching and research. Its activities, centered on faculty/students//project staff/ supporting

staff/visitors are based on knowledge and intellectual exercise. ABESEC has been constantly

endeavoring to train high-quality scientific and technical manpower and provide solutions to a

variety of challenging technological problems that may arise in different fields, through its well

qualified faculty, trained students and highly skilled supporting staff, with the goal of becoming

one of the leading centers of teaching, research and development in Engineering and

Technology.

As a responsible academic institution ABESES is continually encouraging research, academic

excellence and innovation in the campus. With the focus on research and technology ABESEC

recognizes that intangible assets like inventions, copy right, know-how, designs and other

creative and innovative products generated during the scientific and intellectual pursuits of its

faculty and its students provide a competitive edge to the Institute.

Acting as responsible academia and research driven institute, ABESEC, therefore, has

formulated its first intellectual property policy to provide guidance to its faculty, staff, students,

research scholars and outside agencies on the practices and rules of the Institute regarding

intellectual property rights (IPR) and obligations which include its ownership, commercial

exploitation, technology-transfer and end confidentiality requirements. The policy is expected to

promote a conducive environment for both innovation driven and market-driven research and

development activities at the Institute and creation of original works of authorship.

This IP Policy should be treated more as a guideline than as rule and regulations and seeing to

the evolutionary scenario in Indian IP Policy, this policy will be amended as and when required.



2. SCOPE OF THE POLICY

The policy will cover all institute personnel including the faculty, students, staff or visiting faculty,

researchers and scientists. The policy shall be deemed to be a part of the conditions of

employment for every employee of the institute and a part of the conditions of enrollment of

students at the institute, and shall be made available to the faculty and staff prior to

appointment, to scholars and students on enrollment and to all the existing staff and students. It

is also the policy of the institute that all potential creators who participate in a sponsored

research project and/or make use of institute-supported resources shall be informed of this

policy and shall accept the principles of ownership of intellectual property as stated in this policy

unless an exception is approved in writing by the institute. All the creator/inventor/researcher of

intellectual property shall also execute appropriate documents as may be required to set forth

effectively ownership and rights as specified in this policy. Further, this policy itself shall be

amended as and when needed to effect changes deemed to be fit in the best interest of this

institute.

3. OBJECTIVE

The objective of the Policy is to create an enabling environment that helps in recognition and

valuation of research, creativity and innovation by the faculty, scholars, supervisors and

researchers in the institute and simultaneously assists in translating the outcome of such

creativity, research and innovation in an orderly fashion into products, processes and

technology useful to the industry and commerce, which ultimately transform in to service for the

widest public good. It will deal with the ownership, protection and commercialization of

intellectual property and know how created by the employees of the institute. The policy will

ensure that any intellectual property arising from the works of its

creator/inventor/researcher/employees is managed effectively throughout its life cycle. The

policy is intended to serve as set of guidelines for institute faculty, staff, students and the

partners/sponsors.

The objectives of this Intellectual Property Policy Document of the institute are:



(a) To foster, stimulate and encourage innovation and creativity in science and technology;

(b) To encourage and motivate the faculties/researchers and students for focused and

technology driven research;

(c) To provide appropriate incentive to intellectual effort by faculty, staff, students, and

others associated with the institute;

(d) To enable ABESEC to identify, Protect and commercialize its novel research and

inventions;

(e) To establish principles for determining the interests of the institution, inventors, and

sponsors in regards to inventions and/or discoveries;

(f) To provide a transparent IP Protection system for the ownership, control and transfer of

Intellectual Property created and owned by ABESEC;

(g) To recognize the right of the inventor to financial benefits from the invention or

discovery;

4. POLICY STATEMENT

The Institute is committed to promoting, protecting, managing and commercializing Intellectual

Property consistent with the recognition that among its primary objects and functions are

teaching, research and meeting the needs of the community and society. It supports the

commercialization and exploitation of IP, which can provide an additional source of revenue to

the Institute and also accrue benefits to staff and students. At the same time, the Institute

recognizes traditional academic values and expectations.

5. APPLICABILITY

It applies to all faculty, staff and student employees, graduate students and postdoctoral



fellows, as well as to non-employees who participate in or intend to participate in

teaching and /or research, scholarship or creative activities at the institute and covers

different classes of Intellectual Property -- Patent, Copyright, Trade Mark / Service Mark,

Design Registration, Trade Secret, Confidential Information and Integrated Circuits

Layout, Traditional knowledge and geographical indication.

It applies to the funding parties and the collaborative research partners of the institute.

6. DEFINITIONS

For the purpose of this policy the terms would be interpreted as defined below, unless the

context otherwise requires.

i. Intellectual Property Rights (“IPR”) means generally patented or potentially

patentableinventions, trademarks, service marks, trade names, copyrightable subject

matter, trade secrets or any other forms of statutory or common law protection of any

kind in all jurisdictions, where applicable.

ii. “Assignment “means the transfer of rights or title in the intellectual property in writing

iii. “Creator(s)” mean the faculty, staff, and other persons employed by the institute

whether full orpart-time; visiting faculty and researchers; and any other persons,

including students, who create intellectual property using institute resources

iv. “Invention Disclosure “means a written description of an invention that is

confidentially madeby the inventor to the institute.

v. “Know how” means the knowledge, innovation, practices, expertise, process or

procedures andsecrets of individuals regarding the use of a material, product or

resource, or the practice of a method, for a practical purpose.

vi. “Publication “means a public enabling disclosure of an invention, and may be verbal

or printed.Printed publication includes abstracts, student thesis, and in certain

circumstances grant proposals.



vii. “Patent and Patentable material “are as defined in Indian Patent Act 1970.These

includeinvention of novel product and processes that have industrial applicability.

viii. “Revenue “is any payment received as per an agreement by the institute usually for

legal use ofan intellectual property through a license.

ix. “Inventor” An individual or a group of individuals responsible for creating or inventing

productor process (as an IP) in the institute. In case, creation of IP is associated with

more than one inventor, one of them, from institute, would function as a Principle

Inventor.

x. “Patent” is an exclusive right granted for an invention (technology), which is a

product or aprocess that provides an innovative way of doing something, or offers a

new technical solution to a problem.

xi. “Copyright & Related Rights” is an exclusive right given to the author of the original

literary,architectural, dramatic, musical and artistic works; cinematograph films; and

sound recordings. Related rights means rights that protect the interests of certain

groups of right holders, whose activities in most cases relate to the reproduction

and dissemination of works.

xii. “Trade/Service mark” means a mark/logo capable of being represented graphically

and whichis capable of distinguishing the goods or services of one person from

those of others and may include shape of goods, their packaging, combination of

colors, music, 3D& 2D shapes.

xiii. “Industrial Design” means only the features of shape, configuration, pattern,

ornament orcomposition of lines or colors applied to any article/product whether in

two dimensional or three dimensional or in both forms, by any industrial process or

means, whether manual, mechanical or chemical, separate or combined, which in

the finished article appeal to and are judged solely by the eye; but does not include

any mode or principle of construction or anything which is in substance a mere



mechanical device. Industrial design solely refers to the outer/physical appearance

of the product.

xiv. “IC Layout Designs” means a layout of transistors and other circuitry elements and

includeslead wires connecting such elements and expressed in any manner in a

semiconductor integrated circuit.

xv. “Faculty” meansthe Professors, Associate professors, Assistant Professors, teachers

andlecturers of ABESEC. Generally, the faculty is responsible for designing and

disseminating the plans of study offered by the institution and subject knowledge to

the students and research scholars. (Note this definition of faculty is meant only for

the purposes of this document and in not intended to replace the definition of faculty

in the statutes or other documents of ABESEC.)

xvi. “Student” means a person who has registered or enrolled as full‐time or part‐time

student, orstudents through exchange from other universities/colleges.

7. OWNERSHIP

a. Inventions (Patents), design, Integrated circuit layout, and any other work that is patentable

(i). IP created as a result of institute research or by substantial use of institute resources

shall be owned by the institute. In case of commercialization of the IP the management of

institute hashold a share of 20% and transfer 80% to the inventor i.e. the institute will not

take share in the commercialization of the IP and total rights with inventor.

(ii) If the IP is created as a result of collaborative research/consultancy has been funded by

external funding agency then it shall be jointly owned by the Institute, the creator and the

funding agency.

(iii) The IP can be exclusively owned by the inventor only if the activities have been

pursued outside after working hours of the institute and it is not a part of duty as an



employee.

b. Copyrightable material

(i) Works of art, literature and music recordings are owned by their creators despite the use

of institute resources so long as such works are not the products of institute research,

neither created under the direction and control of the institute, nor developed in the

performance of a sponsored research or other third party agreement; and

(ii) Student shall be the owner of the copyright on all papers, thesis and dissertations

written to earn credit in institute courses or otherwise to satisfy institute degree

requirements.

(iii) Institute shall be the owner of the copyright on all teaching material developed as a part

of any of the academic/ distance learning programs of the institute. However, the creator

shall have the right to use the material in his /her professional capacity. Course material,

videos and other e-learning contents developed under the CBSE/CARE/CETL shall also

be cover under the policy.

c. Trademarks/ service marks

The ownership of the trademark (s), service marks(s), logos created for the institute shall be

with the institute.

8. CREATION OF INTELLECTUAL PROPERTY

Intellectual Property consisting of Patentable or Copyrightable material can be created in the

institute in the following three ways:

(a) Institute undertaking an assignment either from an external agency or by its own decision to

take up creation of a specific Copyrightable or Patentable material and assign a team of its

researchers to accomplish it.



(b) Individual researchers or a team of researchers may develop copyrightable or patentable

material during the course of their research or as a specific Project.

(c) An external funding agency, be it a Foundation, Trust, Industry, Commercial undertaking or a

company may enter into a specific agreement with the institute and research/team of

researchers to develop some specific Copyrightable or patentable material.

9. EVALUATION/MANAGEMENT OF IP

The ASL at the institute shall be responsible for evaluating, marketing, licensing and managing

of the IP generated at the institute. The creators of IP shall disclose the invention in timely

manner and enable the ASL to evaluate its patentability. An invention will typically be patented

by the ASL of the institute if it is commercially viable, even if it is not in the immediate future. If

the institute decides not to own or manage the IP, it shall permit the creator to file patent and

protect the IP on their own.

10. CONFIDENTIALITY OF IP

10.1 Invention developed during the project stage, the creator shall disclose the concept to the

ASL, providing all such information required to judge its commercial potential. The ASL shall

provide the acknowledgement receipts of disclosure with date.

10.2 All the departments and sections/pillars of the Institute will be bound by the non-disclosure

and confidentiality terms. Each department is under obligation to file their R&D/Invention (if any)

through ASL.

10.3 Every inventor/creator in the research group as well as everyone involved in the protection

process will not disclose the details of research/IP to any person / organization without written

permission of the ASL.

10.4 In case of thesis and other such written documents containing details of patentable matter,



all measures to prevent the public disclosure of IP shall be taken.

11. TECHNOLOGY TRANSFER

(i) The Institute shall take all essential steps for the commercial exploitation of the IP obtained

either in its name or jointly with other agencies, to the fullest possible extent that is reasonably

practicable, without undue delay. The marketing of the IP will be done under the agreements

involving technology transfer, licensing (exclusive or nonexclusive) and revenue sharing

models.

(ii) The ASL shall identify potential licensee(s) for the IP to which the institute has ownership. In

case of joint ownership, the Organization/Industry which has sponsored the activity, will have

the first right to commercially utilize and exploit Intellectual Products emanating from the

collaboration activity, whether or not the same have been formally protected by patent(s). The

licensing to commercially exploit would involve technology transfer fee and also royalty payment

from the first date of such commercial exploitation for a period that will be as mutually agreed

upon.

(iii) In the event of the other collaborating organization/industry not undertaking the commercial

exploitation within a reasonable period of two years from the first date of development of the

technology the institute reserves the right to transfer the said know-how to a Third Party for its

commercial exploitation and use.

12. REVENUE SHARING

The revenue arising out of licensing of IP and royalty,80%amount will be shared with the

inventor remaining 20% will be shared with Institute.

13. INFRINGEMENTS, DAMAGES, LIABILITY AND INDEMNITY



(i) As a matter of policy, institute shall, in any contract between the licensee and institute, shall

seek indemnity from any legal proceedings including this, but not limited to manufacturing

defects, production problems, design guarantee, up- gradation and debugging obligation.

(ii) Institute shall also ensure that staff have an indemnity clause built into the agreements with

licensee(s) while transferring technology or copyrighted material to licensees.

(iii) The institute shall retain the right to engage in or desist from or not in any litigation

concerning patent and license infringements.

14. CONFLICT OF INTEREST

(i) The inventor(s) are required to disclose any conflict of interest or potential conflict of interest.

(ii) If the inventor(s) and/or their immediate family have a stake in a licensee-company, then

they are required to disclose the stake they and /or their immediate family have in the company,

and license or an assignment of rights for a patent to the licensee - company in such

circumstances, shall be subject to the approval of the ASL.

15. IMPLEMENTATION OF IP POLICY

15.1 ASL shall distribute the copy of this document to all the departments and sections for the

implementation of IPR policy and guidelines adopted by the Institute.

15.2 Institutes’ faculty, staff and students as a condition of their participation in the R&D,

consultancy and other project/product development activities are bound to protect the IP

through.

16. DISPUTE RESOLUTION

In case of any disputes between the institute and the Inventor(s) regarding the implementation

of the IP policy, the inventor(s) may appeal to the ASL of the institute. Efforts shall be made to

address the concerns of the inventor(s) by developing and instituting an arbitration mechanism

and arrangement. The ASL decision in this regard would be final and binding on both institute



and inventor.

17. JURISDICTION

As a policy, all agreements to be signed by institute will have the jurisdiction of the courts in

Ghaziabad and shall be governed by appropriate laws in India.

18. DISCLAIMER

THE IP POLICY IS INTENDED SOLELY AS A GUIDE. THE LANGUAGE USED IN THE

HANDBOOK SHALL NOT BE CONSTRUED AS CREATING A CONTRACT OF

EMPLOYMENT BETWEEN INSTITUTEAND ANY OF ITS EMPLOYEES, STUDENTS OR ANY

EXTERNAL FUNDING AGENCY/ COLLABORATOR. INSTITUTE EXPRESSLY RETAINS THE

RIGHT TO UNILATERALLY MODIFY OR AMEND THIS CODE CUM POLICY ON THE

RECOMMENDATION OF THE ASL

----END OF THE POLICY----



Annexure-I

CONFIDENTIAL INFORMATION AND

INVENTION ASSIGNMENT AGREEMENT

This CONFIDENTIAL INFORMATION AND INVENTION ASSIGNMENT AGREEMENT

(the “Agreement”)

between

ABES ENGINEERING COLLEGE, GHAZIABAD (the “College”)

and

……………………………………..……………………………………………………………..

(Employee/Inventor/Student)

In consideration of my employment/association with the College (which for purposes of this

Agreement shall be deemed to include any subsidiaries or Affiliates∗ of the College), the receipt

of confidential information while associated with the College, and other good and valuable

consideration, I, the undersigned individual, agree that:

1. Term of Agreement. This Agreement shall continue in full force and effect for the

duration of my employment/association by the College (the “Period of

Employment/association”) and shall continue thereafter for a period of five years or until

terminated through a written instrument signed by both parties.

2. Purpose of Agreement. The purpose of Agreement is to protect and abide the rule and

regulation on IPR Policy of ABESEC.

2. Confidentiality. (a) Definitions. “Proprietary Information” is all information and any idea

whatever form, tangible or intangible, pertaining in any manner to the research of the College, or

any of its Affiliates, or its employees, clients, consultants, or business associates, which was

produced by any employee/researchers/students or consultant of the College in the course of

his or her employment or association otherwise produced or



acquired by or on behalf of the College. All Proprietary Information not generally known outside

of the College, and all Proprietary Information so known only through improper means, shall be

deemed “Confidential Information.” By example and without limiting the foregoing definition,

Proprietary and Confidential Information shall include, but not be limited to:

(1) Formulas, research and development techniques, processes, trade secrets,

specifications, worksheets, computer programs, software, electronic codes, mask works,

inventions, innovations, patents, patent applications, discoveries, improvements, data,

production methods, know-how, formats, test results, and research projects;

(2) Information about research, projects, and lists of third party, and funding agencies

(3) Laboratory notebooks, formulas, writing, orally or by drawings or observation of parts or

equipment or created by the student/employee/researchers

(4) Business, marketing, and strategic plans;

(5) Employee personnel files and compensation information.

Confidential Information is to be broadly defined, and includes all information that has or could

have research and commercial value or other utility for the college in which the college is

engaged or contemplates engaging, and all information of which the unauthorized disclosure

could be detrimental to the interests of the college, whether or not such information is identified

as Confidential Information by the college.

(b) Existence of Confidential Information. The College owns and has developed and compiled,

and will develop and compile, certain trade secrets, proprietary techniques and other

Confidential Information which have great value to its research and business. This Confidential

Information includes not only information disclosed by the College to the employee/students, but

also information developed or learned by employee/students during the course of his/her tenure

in the college.

(c) Protection of Confidential Information. I will not, directly or indirectly, use, make available,

sell, disclose or otherwise communicate to any third party, other than in my assigned duties and

for the benefit of the College, any of the College's Confidential Information, either during or after

my employment with the College. In the event I desire to publish the results of my work for the



College through literature or speeches, I will submit such literature or speeches to the IPR Cell

of the College at least 10 days before dissemination of such information for a determination of

whether such disclosure may alter patentability, trade secret status, may be highly prejudicial to

the interests of the College, or may constitute an invasion of its privacy. I agree not to publish,

disclose or otherwise disseminate such information without prior written approval of the IPR Cell

of the College. I acknowledge that I am aware that the unauthorized disclosure of Confidential

Information of the College may be highly prejudicial to its interests, an invasion of privacy, and

an improper disclosure of trade secrets

(d) Delivery of Confidential Information. Upon request or when my employment with the College

terminates, I will immediately deliver to the College all copies of any and all research work,

materials and writings received from, created for, or belonging to the College including, but not

limited to, those which relate to or contain Confidential Information.

(e) Location and Reproduction. I shall maintain at my work station and/or any other place under

my control only such Confidential Information as I have a current “need to know.” I shall return

to the appropriate person or location or otherwise properly dispose of Confidential Information

once that need to know no longer exists. I shall not make copies of or otherwise reproduce

Confidential Information unless there is a legitimate business need of the College for

reproduction.

(f) Prior Actions and Knowledge. I represent and warrant that from the time of my first contact

with the college I held in strict confidence all Confidential Information and have not disclosed

any Confidential

Information, directly or indirectly, to anyone outside the College, or used, copied, published, or

summarized any Confidential information, except to the extent otherwise permitted in this

Agreement.

(g) Third-Party Information. I acknowledge that the College has received and in the future will

receive from third parties their confidential information subject to a duty on the College's part to



maintain the confidentiality of such information and to use it only for certain limited purposes. I

agree that, during the Period of Employment/association and thereafter, I will hold all such

confidential information in the strictest confidence and not to disclose or use it, except as

necessary to perform my obligations hereunder and as is consistent with the College's

agreement with such third parties.

(h) Third Parties. I represent that my employment/association with the College does not and will

not breach any agreements with or duties to a former employer or any other third party. I will not

disclose to the College or use on its behalf any confidential information belonging to others and I

will not bring onto the premises of the College any confidential information belonging to any

such party unless consented to in writing by such party.

3. Proprietary Rights, Inventions and New Ideas.

(a) Definition. The term “Subject Ideas or Inventions” includes any and all ideas, processes,

trademarks,

service marks, inventions, designs, technologies, computer hardware or software, original works

of authorship, formulas, discoveries, patents, copyrights, copyrightable works products,

marketing and business ideas, and all improvements, know-how, data, rights, and claims related

to the foregoing that, whether or not patentable, which are conceived, developed or created

which: (1) relate to the College's current or contemplated research activities; (2) relate to the

College's actual or demonstrably anticipated research or development; (3) result from any work

performed by me for the College; (4) involve the use of the College's infrastructure, equipment,

supplies, facilities or trade secrets; (5) result from or are suggested by any work done by the

College or at the College's request, or any projects specifically assigned to me; or (6) result from

my access to any of the College's memoranda, notes, records, drawings, sketches, models,

maps, clients lists, research results, data, formulae, specifications, inventions, processes,

equipment or other materials (collectively, “College Materials”).

(b) College Ownership. All right, title and interest in and to all Subject Ideas and Inventions,

including but not limited to all registrable and patent rights which may subsist therein, shall be

held and owned solely by the College, and where applicable, all Subject Ideas and Inventions

shall be considered works made for hire. I shall mark all Subject Ideas and Inventions with the



College's copyright or other proprietary notice as directed by the College and shall take all

actions deemed necessary by the College to protect the College's rights therein. In the event

that the Subject Ideas and Inventions shall be deemed not to constitute works made for hire, or

in the event that I should otherwise, by operation of law, be deemed to retain any rights

(whether moral rights or otherwise) to any Subject Ideas and Inventions, I agree to assign to the

College, without further consideration, my entire right, title and interest in and to each and every

such Subject Idea and Invention.

(c) Maintenance of Records. I agree to keep and maintain adequate and current written records

of all Subject Ideas and Inventions and their development made by me (solely or jointly with

others) during the term of my employment/association with the College. These records will be in

the form of notes, sketches, drawings, and any other format that may be specified by the

College. These records will be available to and remain the sole property of the College at all

times.

(d) Determination of Subject Ideas and Inventions. I further agree that all information and

records pertaining to any idea, process, trademark, service mark, invention, technology,

computer hardware or software, original work of authorship, design, formula, discovery, patent,

copyright, product, and all improvements, know-how, rights, and claims related to the foregoing

(“Intellectual Property”), that I do not believe to be a Subject Idea or Invention, but that is

conceived, developed, or reduced to practice by the College (alone by me or with others) during

the Period of Employment/association and for one (1) year thereafter, shall be disclosed

promptly by me to the College (such disclosure to be received in confidence). The College shall

examine such information to determine if in fact the Intellectual Property is a Subject Idea or

Invention subject to this Agreement.

(e) Access. Because of the difficulty of establishing when any Subject Ideas or Inventions are

first conceived by me, or whether it results from my access to Confidential Information or

College Materials, I agree that any Subject Idea and Invention shall, among other

circumstances, be deemed to have resulted from my access to College Materials if: (1) it grew

out of or resulted from my work with the College or is related to the business of the College, and

(2) it is made, used, sold, exploited or reduced to practice, or an application for patent,



trademark, copyright or other proprietary protection is filed thereon, by me or with my significant

aid, within one year after termination of the Period of Employment/association.

(f) Assistance. I further agree to assist the College in every proper way (but at the College's

expense) to obtain and from time to time enforce patents, copyrights or other rights or

registrations on said Subject Ideas and Inventions in any and all countries, and to that end will

execute all documents necessary:

(1) to apply for, obtain and vest in the name of the College alone (unless the College otherwise

directs) letters patent, copyrights or other analogous protection in any country throughout the

world and when so obtained or vested to renew and restore the same; and

(2) to defend any opposition proceedings in respect of such applications and any opposition

proceedings or petitions or applications for revocation of such letters patent, copyright or other

analogous protection; and

(3) to cooperate with the College (but at the College's expense) in any enforcement or

infringement proceeding on such letters patent, copyright or other analogous protection.

(g) i. Authorization to College. In the event the College is unable, after reasonable effort, to

secure my signature on any patent, copyright or other analogous protection relating to a Subject

Idea and Invention, whether because of my physical or mental incapacity or for any other

reason whatsoever, I hereby irrevocably designate and appoint the College and its duly

authorized officers and agents as my agent and attorney-in-fact, to act for and on my behalf and

stead to execute and file any such application, applications or other documents and to do all

other lawfully permitted acts to further the prosecution, issuance, and enforcement of letters

patent, copyright or other analogous rights or protections thereon with the same legal force and

effect as if executed by me. My obligation to assist the College in obtaining and enforcing

patents and copyrights for Subject Ideas and Inventions in any and all countries shall continue

beyond the termination of my relationship with the College, but the College shall compensate

me at a reasonable rate after such termination for time actually spent by me at the College's

request on such assistance.



ii. In case I want to take my protected invention for commercialization/technology transfer of my

own, I have to pay the college a mutual agreed amount for the development and protection of

the research/invention

(j) Exhibit. I acknowledge that there are no currently existing ideas, processes, inventions,

discoveries, marketing or business ideas or improvements which I desire to exclude from the

operation of this Agreement. To the best of my knowledge, there is no other contract to assign

inventions, trademarks, copyrights, ideas, processes, discoveries or other intellectual property

that is now in existence between me and any other person (including any business or

governmental entity).

(k) No Use of Name. I shall not at any time use the College's name or any the College

trademark(s) or trade name(s) in any advertising or publicity without the prior written consent of

the College.

4. Competitive Activity.

(a) Acknowledgment. I acknowledge that the pursuit of the activities forbidden by Section 4(b)

below would necessarily involve the use, disclosure or misappropriation of Confidential

Information.

(b) Prohibited Activity. To prevent the above described disclosure, misappropriation and breach,

I agree that during my employment/association and for a period of one (1) year after termination

of the Period of Employment/association, without the College's express written consent, I shall

not, directly or indirectly, (i) employ, solicit for employment, or recommend for employment any

person employed by the College (or any Affiliate); and (ii) engage in any present or

contemplated research activity that is or may be competitive with the College (or any Affiliate) in

any state where the College conducts its business, unless I can prove that any action taken in

contravention of this subsection (ii) was done without the use in any way of Confidential

Information.



5. Representations and Warranties. I represent and warrant (i) that I have no obligations, legal

or otherwise, inconsistent with the terms of this Agreement or with my undertaking a relationship

with the College; (ii) that the performance of the services called for by this Agreement do not

and will not violate any applicable law, rule or regulation or any proprietary or other right of any

third party; (iii) that I will not use in the performance of my responsibilities for the College any

materials or documents of a former employer; and (iv) that I have not entered into or will enter

into any agreement (whether oral or written) in conflict with this Agreement.

6. Termination Obligations.

(a) Upon the termination of my relationship with the College or promptly upon the College's

request, I shall surrender to the College all equipment, tangible Proprietary Information,

documents, books, notebooks, records, reports, notes, memoranda, drawings, sketches,

models, maps, contracts, lists, computer disks (and other computer-generated files and data),

any other data and records of any kind, and copies thereof (collectively, “College Records”),

created on any medium and furnished to, obtained by, or prepared by myself in the course of or

incident to my employment, that are in my possession or under my control.

(b) My representations, warranties, and obligations contained in this Agreement shall survive

the termination of the Period of Employment/association for a period of three years.

(c) Following any termination of the Period of Employment/association, I will fully cooperate with

the College in all matters relating to my continuing obligations under this Agreement.

(d) In the event that I leave the employ/association of the College I hereby grant consent to

notification by the College to my new employer/association about my rights and obligations

under this Agreement.

(e) Upon termination of the Period of Employment/association, I will execute a Certificate

acknowledging compliance with this Agreement in the form reasonably provided by the College.

7. Injunctive Relief. I acknowledge that my failure to carry out any obligation under this

Agreement, or a breach by me of any provision herein, will constitute immediate and irreparable

damage to the College, which cannot be fully and adequately compensated in money damages

and which will warrant preliminary and other injunctive relief, an order for specific performance,



and other equitable relief. I further agree that no bond or other security shall be required in

obtaining such equitable relief and I hereby consent to the issuance of such injunction and to

the ordering of specific performance. I also understand that other action may be taken and

remedies enforced against me.

8. Modification. No modification of this Agreement shall be valid unless made in writing and

signed by both parties.

9. Binding Effect. This Agreement shall be binding upon me, my heirs, executors, assigns and

administrators and is for the benefit of the College and its successors and assigns.

10. Governing Law. This Agreement shall be construed in accordance with, and all actions

arising under or in connection therewith shall be governed by, the internal laws of the State of

Uttar Pradesh (without reference to conflict of law principles).

11. Integration. This Agreement sets forth the parties' mutual rights and obligations with respect

to proprietary information, prohibited competition, and intellectual property.

It is intended to be the final, complete, and exclusive statement of the terms of the parties'

agreements regarding these subjects. This Agreement supersedes all other prior and

contemporaneous agreements and statements on these subjects, and it may not be

contradicted by evidence of any prior or contemporaneous statements or agreements. To the

extent that the practices, policies, or procedures of the College, now or in the future, apply to

myself and are inconsistent with the terms of this Agreement, the provisions of this Agreement

shall control unless changed in writing by the College.

12. Employment at Will. This Agreement is not an employment agreement. I understand that the

College may terminate my association or employment with it at any time, with or without cause,

subject to the terms of any separate written employment agreement executed by a duly

authorized officer of the College.



13. Construction. This Agreement shall be construed as a whole, according to its fair meaning,

and not in favor of or against any party. By way of example and not limitation, this Agreement

shall not be construed against the party responsible for any language in this Agreement. The

headings of the paragraphs hereof are inserted for convenience only, and do not constitute part

of and shall not be used to interpret this Agreement.

15. Severability. If any term, provision, covenant or condition of this Agreement, or the

application thereof to any person, place or circumstance, shall be held to be invalid,

unenforceable or void, the remainder of this Agreement and such term, provision, covenant or

condition as applied to other persons, places and circumstances shall remain in full force and

effect.

16. Rights Cumulative. The rights and remedies provided by this Agreement are cumulative,

and the exercise of any right or remedy by either the College or me (or by that party's

successor), whether pursuant hereto, to any other agreement, or to law, shall not preclude or

waive that party's right to exercise any or all other rights and remedies. This Agreement will

inure to the benefit of the College and its successors and assigns.

17. Nonwaiver. The failure of either the College or me, whether purposeful or otherwise, to

exercise in any instance any right, power or privilege under this Agreement or under law shall

not constitute a waiver of any other right, power or privilege, nor of the same right, power or

privilege in any other instance. Any waiver by the College or by me must be in writing and

signed by either myself, if I am seeking to waive any of my rights under this Agreement, or by an

officer of the College (other than me) or some other person duly authorized by the College.

18. Notices. Any notice, request, consent or approval required or permitted to be given under

this Agreement or pursuant to law shall be sufficient if it is in writing, and if and when it is hand

delivered or sent by regular mail, with postage prepaid, to my residence (as noted in the

College's records), or to the College's principal office, as the case may be.

19. Date of Effectiveness. This Agreement shall be deemed effective as of the commencement

of my employment/association with the College.



20. Agreement to Perform Necessary Acts. I agree to perform any further acts and execute and

deliver any documents that may be reasonably necessary to carry out the provisions of this

Agreement.

21. Assignment. This Agreement may not be assigned without the College's prior written

consent.

22. Compliance with Law. I agree to abide by all country, state, and local laws, ordinances and

regulations.

23. Employee/Student/Researcher Acknowledgment. I acknowledge that I have had the

opportunity to consult legal counsel in regard to this Agreement, that I have read and

understand this Agreement, that I am fully aware of its legal effect, and that I have entered into it

freely and voluntarily and based on my own judgment and not on any representations or

promises other than those contained in this Agreement.

IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date set

forth below.

CAUTION: THIS AGREEMENT CREATES IMPORTANT OBLIGATIONS OF TRUST AND

AFFECTS THE EMPLOYEE'S/STUDENT’S RIGHTS TO INVENTIONS AND OTHER

INTELLECTUAL PROPERTY THE EMPLOYEE/STUDENT MAY DEVELOP DURING HIS OR

HER EMPLOYMENT/ASSOCIATION.THIS AGREEMENT IS IN CONNECTION WITH THE IP

POLICY OF COLLEGE AND EMPLOYEE/STUDENT WILLING TO FOLLOW THE POLICY

AND RULE OF ABESEC IPR POLICY.

Dated: ______________

Signature of Employee / Student/Inventor

_________________________________

Auth. Signatory (Director, ABES-EC)

__________________________________



Annexure-II

NON DISCLOSURE AGREEMENT

This NONDISCLOSURE AGREEMENT (the “Agreement”) is made and entered into as of

…………….. (date),

by and between

ABESEngineering College (the “College”), 19th KM Stone, NH-24, Ghaziabad, Uttar Pradesh

and

………………………………………………………………………………….

Employee/Student/Inventor (the “Inventor”)

The Parties hereby agree as follows:

1. For purposes of this Agreement, "Confidential Information" shall mean any and all non-

public information,“Proprietary Information” is all information and any idea whatever form,

tangible or intangible, pertaining in any manner to the research of the College, or any of its

Affiliates, or its employees, clients, consultants, or business associates, which was produced by

any employee/researchers/students or consultant of the College in the course of his or her

employment or association otherwise produced or acquired by or on behalf of the College, the

College has disclosed or may disclose to the Company. In case of Company "Confidential

Information" shall mean any information related to services, documents and financials.

2. The Company, College and Inventor agrees (i) not to disclose any Confidential

Information or any information derived therefrom to any third person, (ii) to keep the Company’s

Confidential Information confidential and take all the reasonable precautions to protect the

confidentiality of such Confidential Information with the same degree of care with which it

protects the confidentiality of its own confidential information, but in no event with less than a

reasonable degree of care, and vice versa (iii) not to use any Confidential Information for any

purpose whatsoever except to advance the legitimate business interests of the Company under

written or oral instruction of the Company’s authorized officers.

3. All right, title, and interest in and to the Confidential Information shall remain with College

or its licensors. Nothing in this Agreement is intended to grant any rights to Company under any

patents, copyrights, trademarks, or trade secrets of College.



4. The validity, construction and enforceability of this Agreement shall be governed in all

respects by the law of the State of Uttar Pradesh. This Agreement may not be amended except

in writing signed by a duly authorized representative of the respective Parties. This Agreement

shall control in the event of a conflict with any other agreement between the Parties with respect

to the subject matter hereof. The failure of either party to enforce its rights under this Agreement

at any time for any period shall not be construed as a waiver of such rights.

5. For the purpose of work the college will pay the agreed amount to the Company.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above

written.

_________________________ _________________________________

Inventor College



Form No.: IPR-1

Invention Disclosure Form

Date of submission:_______________

The inventor is requested to fill up the following form while submitting an application for

filing a patent by ABES Institution Ghaziabad

[General Patent Information: In order to obtain patent protection, your invention must

demonstrate the following:

New (or novel): The invention must be new, that is, it has not been previously used,

sold or described publicly.

Useful: The invention must have an actual use and not be just a subject for additional

research.

Non-obvious: The invention must not be obvious at the time of conception to another

person having ordinary skill in the art].

1. Title of the project / invention

2. Name of the inventors including faculty, students and staff:

[Note: Please include the names of all co-inventors. Co-inventors include any individual

who has conceived or contributed to an essential element of the invention, either



independently or jointly with others, during the evolution of the technology or reduction to

practice]

Inventor: Name _________________________________________________

Designation ____________________________________________

Department ____________________________________________

Phone/Fax/e-mail _______________________________________

Home Address __________________________________________

Inventor: Name _________________________________________________

Designation ____________________________________________

Department ____________________________________________

Phone/Fax/e-mail________________________________________

Home Address __________________________________________

Inventor: Name _________________________________________________

Designation_____________________________________________

Department ____________________________________________

Phone/Fax/e-mail________________________________________



Home Address __________________________________________

Inventor: Name _________________________________________________

Designation _____________________________________________

Department ____________________________________________

Phone/Fax/e-mail ________________________________________

Home Address ___________________________________________

(Please add additional names if needed)

3. Source of funding for the project:

Institute funding / Industry funded / Govt. aided / consultancy - with or without prior

contractual agreement / Any other

4. Is the work bound by any agreement / contract / MOU?

Yes No

If yes please give details.

5. Is the patent (to be filed) for a process or product?

6. General area of the patent application to be filed:

7. Description of the invention (not more than 200 words)



[Note: In describing the technology, please provide when possible, information

covering the following points:

a. the general purpose;

b. a technical description;

c. the advantages and improvements over the existing methods, devices or materials; and,

d. the economic potential or commercial applications for the technology.

e. The problem for which solution was researched

f. The invention namely the solution to the problem

7. Origin of the idea / invention: who and when?

8. Details of Students / staff who participated in the invention but are not inventors:

Name / degree registered for_______________________________

Department / roll no.______________________________________

e-mail__________________________________________________

Home Address ___________________________________________

Signature_______________________________________________


Department / roll no. ______________________________________

e-mail__________________________________________________

Home Address ___________________________________________

Signature_______________________________________________




Department ______________________________________________

e-mail___________________________________________________

Home Address ____________________________________________

Signature_______________________________________________


Department ______________________________________________

e-mail___________________________________________________

Home Address ____________________________________________

Signature_______________________________________________

(Please add additional names if needed)

8. Any help received from others in conception of the idea?

9. Date of start of the project

10. Other applicants (collaborating partner organisations)

11. Background Research and Prior Art [Please describe the information obtained through

literature search details on existing public knowledge in the concerned field. Include journals

and other publications and relevant patent databases]

12. Has the work been displayed anywhere?

13. Has the work been reported / published / presented anywhere?

14. Has any related patents been filed by the inventor earlier?



15. Unique features about the work done with respect to prior art that satisfy patentability criteria

a. Is the work a mere extension of common known knowledge?

b. Has the work filled a major gap in prior art? If yes, a brief description of this gap.

c. Any environmental issues?

d. What aspect of the invention needs protection

16. Has the work been systematically and chronologically documented? How?

17. Commercial aspects of the invention/ technology developed

18. Any costing of the product / process / invention been done?

19. Any industries / companies interested in licensing the work [List any companies which you

believe may be interested in your invention]

20. Is the work

a. Completed and results validated?

b. At a basic conceptualisation stage?

21. State Of The Art: Describe how this problem or need has been addressed in the past.

Identify any relevant literature or patents of which you are aware (including any EPRI reports or

other prior written descriptions of the invention, any prior art patents or publications, and any

presentations).

22. Detailed Description: Provide a detailed description of what your invention is and how it

works. What are the components (or steps if the invention is a method) of the invention and



what is the function of each component? How do the components interact with each other?

What are the novel aspects of your invention? Include sketches, drawings, photographs, etc. to

help illustrate your invention. (Drawings may be attached on a separate sheet or included in the

detailed description

23. Results and Advantages: What are the results and advantages of using your invention?

How does it work differently from other devices or processes that accomplish the same

purpose?

I/We hereby declare that all statements made herein of my/our own knowledge

are true and that all statements are believed to be true [to be signed by all

inventors].

Inventor Signature Date




Countersigned by Dean R&D/HOD



Form No.: IPR-2

No Objection Certificate

<To be taken on letter head of the organization>

This is to certify that _______________________________________________(Name, Designation,

Address of the Organization) (hereinafter referred to as organization), is currently working on

the invention _____________________(“Title of the Project”) without utilizing organization’s

resources or within his/her employment hours. The organization does not object to filing of

patent application titled ___________________“Title of the invention” by Name of the

Employee/Faculty member as an applicant. Further it is also stated that the organization has no

objection to Name of the Employee/Faculty member commercializing the filed patent

applications and using the Intellectual property for research related activities. The organization

will not have any stake in the revenue generated from the commercialization.

Signature

Date:

Stamp of the organization:

Date:



Form No.: IPR-3

No Objection Certificate

<On institute letter head>

This is to certify that Mr./Ms.__________________________________________ (Roll No.

______________________) is an student of _________________ (course details “B Tech, EC, 3rd

Year”) at ABES Engineering College, Ghaziabad. He/She willing to apply for patent filing for

their innovative invention title:__________________________________________________________

during project/ competition ___________________________________________________at

ABESEngineering college, Ghaziabad.

The Institute has no objection if________________________ (student name) isfiled patent on

his/her own name as applicant and inventor.

With best regards,

Director

ABES Engineering College, Ghaziabad

(With date and Seal)

Documents

IPR: Policy, Procedure and Forms - abes.ac.in fileAs a responsible academic institution ABESES is continually encouraging research, academic excellence and innovation in the campus