Role of Patent Law in Promoting Research and Development in Institutions of Higher Learning: A Critical Study

Thesis, Ph. D, Alliance School of Law, Alliance University, 2020 Guide: Dr. Mukul Saxena Alliance School of Law

The research is undertaken on the concept of role of patent in promoting research and newlinedevelopment in Institutions of Higher Learning. The outlook of the research is a critical newlinestudy of Commercialisation of Patent in the Institutions of Higher Learning and newlinecontemporary conditions prevailing in the universities relating to the university owned newlineand inventor owned patents in and around the world, prominently in the universities newlineacross India. Due to lack of knowledge of importance attached to obtaining patents as newlinean alternative to a publication of an invention, as well as, to draft a comprehensive IP newlinepolicy to regulate the IPR regime of the universities had prompted the need to evaluate newlinethe significance and extent of the concept. newlineEarly days, the establishment of academic institutions were based on a primary newlinemotive of knowledge sharing. But moderately, academia emerged to realise the broad newlineprospective of the intellectual capital that they possessed and began utilizing this newlinestrength to their advantage. Currently, Industry-Institution Partnership (IIP) is gaining newlineimpetus, and as a result, collaborative research is increasing in the academic field. But newlineoften, that may frustrate the academic discipline too. This may pave way to conflict of newlineinterest between Industry and Institution, thus causing litigations. Therefore, the major newlinechallenge is to analyse the system in place in the universities to deal with conflict of newlineinterest and to find out the best practice as a model policy to avoid courts intervention newlinein academic conflicts. newlineThe study aims at analysing the content, scope, extent and limitation of the newlinesubject matter of the research, role of patent in the research and development of higher newlinelearning institutions. In pursuing the aim of the study, the various institutions newlinerepresenting distinct domains has been taken and tested individually.