Origiin Newsletter August 2013

8/22/2019 Origiin Newsletter August 2013

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All rights reserved (c) Origiin IP Solutions LLP 2013

x

his issue

tent alerts...... ...P.1

News Bulletin .........................P.3

ws from IPO ......................................P.4

onthly IPO Statistics .. ..P.5

eresting patent of the month ..............P.6

tional award: TIFAC ...P.7

dian Patent Agent Exam study material

ition 3.0 ..P.8

A monthly

Newsletter

on issues

relating to

Intellectual

Property

Rights

S U E ( V o l u m e )

MONTH

August

YEAR

2013

7 (3) Origiin Newsletter

Patent alerts: To stay ahead of the competition

As we know that

innovation is the

key to sustainable

growth for any business today and

patents play a vital role by securing

innovations and obtaining competitive edge

in the market. Patent filing is increasing

globally and according to World Intellectual

Property Organisation (WIPO) report,

International patent filings increased by 6.6

percent in 2012 from the previous year,

with China, Japan and South Korea posting

double-digit growth. It shows the

importance of building strong, intangible

asset portfolios, even in times of crisis,

because you need it for a recovery, Francis

Gurry, head of the UN agency said.

Patents are excellent source of technical

information, primarily for the reason that

inventions are not only disclosed

systematically in the patent specification

Contact us

#35, First FloorFirst Main, Vysya Bank Colony

BTM 2nd Stage

Bangalore-560076

Email: [email protected]

hats new in this issue?

onthly statistics from Indian

tent Office July 2013

ebsites

w.origiin.com

w.origiinipa.com

ogsiinipae.blogspot.com

entorshub.blogspot.com

torsta Kalia

ira A

But also the best mode is disclosed to

meet statutory requirements in most of

the jurisdiction. Therefore, the patent

databases contain valuable information to

detect technology evolution.

Staying ahead of your competitors in the

world where innovation is happening in

every area of technology is not easy. In

order to improve quality of innovation,

avoid duplication of work, filing quality

patents and giving right direction to R&D,

it is essential for the companies to be

updated with latest inventions for which

patent applications are being

filed/published/granted/expired.

However, keeping track of the kind and

number of patent applications published,

granted, abandoned or expired is a big

challenge today. On one hand, knowing

latest happenings in the area of patents

helps business in multiple ways, on the

other hand, with growing data &

increasing number of patent filing,

extracting desirable
http://phys.org/tags/un+agency/http://www.origiin.com/http://www.origiin.com/http://www.origiinipa.com/http://www.origiinipa.com/http://origiinipae.blogspot.com/http://origiinipae.blogspot.com/http://inventorshub.blogspot.com/http://inventorshub.blogspot.com/http://inventorshub.blogspot.com/http://origiinipae.blogspot.com/http://www.origiinipa.com/http://www.origiin.com/http://phys.org/tags/un+agency/


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information is extremely tough.

Generating periodic (weekly, monthly or half yearly)

patent alerts is one of the most effective tools to track

the latest happenings in the area of patents.

Published/granted and even abandoned/expired patents

can be monitored on regular basis in the technical area

of interest to get valuable information on:

Generating periodic (weekly, monthly or

half yearly) patent alerts is one of the most

effective tools to track the latest

happenings in the area of patents.

A. New products/processes for which patentapplications have been filed and build up own

products to ensure that the same invention is

not replicated and also to assess likelihood of

patent infringement. In addition to this, since the

patents technically disclose the invention,thorough review of the same might be extremely

useful to assess chances of getting patent for

your core technologies or new idea by knowing

novelty, non-obviousness and industrial

applicability of the invention.

B. By knowing published applications, one mightwant to oppose the applications, which may not

be subject matter of a patent or grant of which

might affect the business adversely, though

there are several other reasons to oppose a

patent application or a grant patent.

C. New markets or new technologies that yourcompetitors are focussing at. This might give you

overview of the kind of products they are

planning to launch in given markets.

Patent watch can be done primarily in two ways:

Technical Patent Watch: Here you may list out core

technology (ies) of interest and monitor newly published

patent applications in a technical area of interest as soon

as they are published. One may also monitor latest

prosecution status of pending patent applications. This

way it will be easier to keep in touch with latest

happenings and one may also come across interesting

patents that may be used and implemented to add value

to existing products or technologies.

Such patents may be licensed or if they are not filed in

the jurisdiction of interest or they dont have a chance to

be filed in the jurisdiction of interest, it may be used

without any fear of infringement. However, it is highly

recommended to take opinion of an expert on the legal

status of such patent (s) before implementing it.

Competitor Patent Watch: Knowing patent portfolio and

watching patent activity of the competitors may be of

great business value. Competitor companies may be

listed out and their newly published patent applications

may be monitored on periodic basis. However, one may

also monitor latest prosecution status of pending patent

applications or latest legal status/continuation

applications of granted patents of competitor companies.

This information may prove to be a game changing

strategy for any company.

Staying ahead of your competitors is critical for

sustainability today. With increasing focus on innovation,

it becomes important to know about the recent trends in

the area of patent filings. It is not only interesting to

watch what your competitors are doing or the latest

technologies for which patents are being filed in given

jurisdiction, but also, it gives you platform which you can

use to fine tune your existing products and assess

chances of infringement.

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9. Ireland (9)10.United States of America (10)

The Global Innovation Index (GII) is recognition of the key

role that innovation serves as a driver of economic growth

and prosperity. It is also an acknowledgement of the need

for a broad horizontal vision of innovation that is

applicable to both developed and emerging economies,

with the inclusion of indicators that go beyond the

traditional measures of innovation (such as the level of

research and development in a given country). The GII is a

valuable benchmarking tool to facilitate public-private

dialogue, whereby policymakers, business leaders and

other stakeholders can evaluate progress on a continual

basis.

New rice variety: A bliss for diabetic patients

Dr Mohan's Group of Institutions launched Jeevan Dharini,

a brand of white rice and rice rava, on 17th July 2013 to

address a dietary challenge faced by most Indians,

especially vegetarians; the food they consume does not

contain enough fibre.

Dr V Mohan, director, Dr Mohans Group of Institutions,

said, Dr Mohans Jeevan Dharini Rice is an exceptional

high-fibre rice variety and the first of its kind in the world.

It was developed by employing intensive classical plant-

breeding and bio-chemical screening approaches. The

chief guest of the launch Prof MS Swaminathan, Founder

Chairman and Chief Mentor, MS Swaminathan Research

Foundation, Chennai launched the Jeevan Dharini Rice.

This variety of rice has been developed after years of

research and researching over 200 varieties of rice.

IP NEWS BULLETINBoston University sues Apple over 1997 patent

Boston University wants a ban on the sale of a wide

variety of Apple products and companys profits from the

last few years, all because of a patent filed for in 1995.

Boston University is not only seeking an injunction

banning the sale of a wide range of Apple products, but is

also asking for an accounting of Apples profits. The

school wants Apple to hand over its earnings from the

last few years. University want a federal court to ban the

sale of a wide range of Apple products, including the

iPhone 5, the iPad and the MacBook Air, because they

allegedly infringe a patent issued to one of its professors

in 1997.

IPAB revokes GSK patent on breast cancer drug Tykerb

The Intellectual Property Appellate Board (IPAB) has

revoked a patent granted to GlaxoSmithKline Plc for its

breast cancer drug Tykerb. India's latest move is a blow

for GSK, which had cut prices of Tykerb by one third in

the country as part of a flexible pricing programme

designed to make key drugs more affordable in certain

emerging markets. Patent was revoked on the grounds of

obviousness, insufficiency of description, non-

patentability and non-disclosure under Section 8 of the

Patents Act, 1970.

Global Innovation Index 2013

The sixth edition (2013), of the GII is co-published by

Cornell University and the World Intellectual Property

Organization (WIPO). Top Ten 2013 ranking is as below:

1. Switzerland (Number 1 in 2012)2. Sweden (2)3. Singapore (3)4. Finland (4)5. United Kingdom (5)6. Netherlands (6)7. Denmark (7)8. Hong Kong (China) (8)

3
http://www.globalinnovationindex.org/http://gigaom.com/2013/07/03/boston-university-sues-apple-over-1997-patent-asks-for-ban-on-iphone-sales/http://www.business-standard.com/search?type=news&q=Ipabhttp://www.business-standard.com/search?type=news&q=Patenthttp://www.business-standard.com/search?type=news&q=Breast+Cancer+Drughttp://www.business-standard.com/search?type=news&q=Gskhttp://www.cornell.edu/http://www.cornell.edu/http://www.business-standard.com/search?type=news&q=Gskhttp://www.business-standard.com/search?type=news&q=Breast+Cancer+Drughttp://www.business-standard.com/search?type=news&q=Patenthttp://www.business-standard.com/search?type=news&q=Ipabhttp://gigaom.com/2013/07/03/boston-university-sues-apple-over-1997-patent-asks-for-ban-on-iphone-sales/http://www.globalinnovationindex.org/


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4

IMPORTANT NEWS FROM INDIAN PATENT

OFFICE

Madrid protocol

The Madrid Protocol came into force in India on 8th July

2013, three months after the country signed the treaty.

India became the protocols 90th member in April this

year, paving way for local businesses to protect their

marks in multiple jurisdictions by filing one application

with one set of fees. India is the 14th of the G-20

economies to accede to the Madrid Protocol. Madrid

Protocol provides an efficient and cost-effective way of

obtaining trademark protection. At the time, World

Intellectual Property Organization (WIPO) director

general Francis Gurry said the move was a major

milestone and gives brand owners around the world

the ability to extend their protection to the important

Indian market.

The advantages of Indian accession to Protocol are:

(a) Centralised trade mark application process for

designated Protocol members through one basic

application in one Protocol country with one set of fees;

(b) Cost effective method of trade mark protection in

many territories;

(c) Administrative convenience of handling of renewal

and subsequent ownership changes;

(d) Protection extended to Protocol countries which may

have been ignored or left out and addition of new

countries to the international registration after these

new countries join the Protocol.

Indias participation in the Madrid system gives brand

owners around the world the ability to extend their

protection to the important Indian market, through a

single, simplified and cost-effective procedure.

Samsung seeks re-trial over $1 billion Apple lawsuit

Samsung Electronics has requested a re-trial in part of a

patent infringement case brought by rival Apple which

saw it levied with a $1 billion fine. Samsung, which was

deemed to have infringed seven Apple patents, has asked

the US District Court for the Northern District of Californiafor a retrial of the damages ruling. Samsungs request

covers a patent for list scrolling and document translation

on a touch screen.

UCB files cases against Ranbaxy, Aurobindo, Glenmark

etc

UCB, a global biopharma company, alongwith others has

filed separate cases against as many as 15 drug makers,

including India's Ranbaxy, Aurobindo, Zydus, Sun Pharma,

Glenmark and Alembic pharmaceuticals for allegedly

infringing its patented drug Vimpat. For the 12 months

ending March 31, 2013, Vimpat had US sales of

approximately $338 million, according to IMS Health.

According to a petition filed by UCB, Inc, UCB Pharma

GMBH, Research Corporation Technologies, Inc and Harris

FRC Corporation the patent its drug Lacosamide Tablets,

50 mg, 100 mg, 150 mg and 200 mg would expire on

March 17, 2022. The drug is approved as an adjunctive

therapy to treat partial-onset seizures of people

diagnosed with epilepsy aged 17 years and older.

The patent infringement petition was filed against

Aurobindo Pharma Ltd, Accord Healthcare Inc, Alembic

Pharmaceuticals Ltd, Amneal Pharmaceuticals, Apotex

Corp, Breckenridge Pharmaceutical Inc, Glenmark

Generics , Hetero USA Inc Mylan Pharmaceuticals Inc.

The petitioners requested the court to issue a permanent

injunction and enjoining the respondents from engaging in

the commercial manufacture, use offer to sell or import

until the expiration of the patent or any later date of

exclusivity to which the petitioners are entitled.


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MONTHLY STATISTICS FROM INDIAN PATENT OFFICE: JULY 2013

Top 10 Patent Grantees in July 2013

In the month of July 2013, nearly 217 Patent have been granted by the Indian Patent office.

Samsung India Software Operations Private Limited get maximum number of patents, followed by Continental

Automotive Gmbh, Council of Scientific & Industrial Research, GM Global Technology Operations Inc, Bharat

Heavy Electricals Limited, Dow Global Technologies, LLC, DSM IP Assets B.V, International Business Machines

Corporation, Ion Exchange (INDIA) Limited etc.

Branch wise distribution of granted patents

Comparison of granted patents among IPO branches indicates that maximum number of patents have been

granted by Delhi branch, followed by Chennai, Kolkata and Mumbai. However, number of PCT national phase

applications is quite high compared to non-PCT national phase applications in Delhi, Chennai and Kolkata branch

office and Mumbai branch office has number of non-PCT national phase applications is high as compared to PCT

national phase applications.

02468

101214

Top 10 Patent Grantees July 2013

Series1

0

10

20

30

40

50

60

Delhi Chennai Kolkata Mumbai

Branch wise distribution of Granted Patents

PCT-NP

Non PCT-NP

Patents

Granted

Patent Office Branches


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IPC distribution of granted patents

Segregation of patents granted in the month of July 2013 on the basis of basic International Patent Classification

reveal that maximum patents have been granted in Class C (Chemistry; Metallurgy), followed by Class H

(Electricity), Class A (Human Necessities), Class G (Physics), Class B (Performing; Operations; Transporting) etc.

INTERESTING PATENT OF THE MONTH

Method of exercising a cat

Publication number: US5443036 A

Application number: US 08/144,473

Publication date: 22 Aug 1995

Filing date: 2 Nov 1993

Priority date: 2 Nov 1993

Inventors:Martin H. Abbott, Kevin T. Amiss

Original Assignee:Abbott; Martin H., Amiss; Kevin T

Abstract: A method for inducing cats to exercise consists of directing a beam of invisible light produced by a

hand-held laser apparatus onto the floor or wall or other opaque surface in the vicinity of the cat, then moving

the laser so as to cause the bright pattern of light to move in an irregular way fascinating to cats, and to any

other animal with a chase instinct.

Main claim

1. A method of inducing aerobic exercise in an unrestrained cat comprising the steps:

a) directing an intense coherent beam of invisible light produced by a hand-held laser apparatus to produce a

bright highly-focused pattern of light at the intersection of the beam and an opaque surface, said pattern being

of visual interest to a cat; and

(b) selectively redirecting said beam out of the cat's immediate reach to induce said cat to run and chase said

beam and pattern of light around an exercise area

0102030405060708090

IPC CODE

Count of IPC CODE
http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=ininventor:%22Martin+H.+Abbott%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=ininventor:%22Martin+H.+Abbott%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=ininventor:%22Kevin+T.+Amiss%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=inassignee:%22Abbott%3B+Martin+H.%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=inassignee:%22Abbott%3B+Martin+H.%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=inassignee:%22Amiss%3B+Kevin+T.%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=inassignee:%22Amiss%3B+Kevin+T.%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=inassignee:%22Abbott%3B+Martin+H.%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=ininventor:%22Kevin+T.+Amiss%22http://www.google.co.in/search?tbo=p&tbm=pts&hl=en&q=ininventor:%22Martin+H.+Abbott%22


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NATIONAL AWARD: COMMERCIALIZABLE PATENTS YEAR 2013-14

Department of science and technology, Govt. of India, has announced National award for Commercializable Patents

for the year 2013-2014. Technology Refinement and Marketing Programme (TREMAP) is a unique programme of

Technology Information, Forecasting and Assessment Council (TIFAC), which supports Indian innovations towards

making them investment ready. The awards were first introduced two years ago and in the year 2012, the award

was granted to eight patent holders

The important features are as follows:

Award to individual patent holders/micro/small and medium enterprises (MSMEs) to promotecommercialization of patented technologies.

Award will carry sum of Rs. 5.00 lakh + a certificate + incentive of Rs. 5.00 lakh on commercialization of theawarded patents.

Selection procedure Preliminary screening of application. Filtering of applications (by panel of technical experts) High Level Selection by selection committee (Innovators Presentation)

Eligibility Criteria Applicant(s) must be an Indian National or MSME. Indian patent must have been granted for the technology / product / process in the name of

individual(s) or MSME.

The date of grant of patent should be on or after 1st January 2010. The technology should have good commercial application value. The model / prototype of the technology should be ready and in well working condition.

Not Eligible The patents which are already commercialized/ transferred / licensed. Patents / innovations related to herbal, healthcare, pharmaceutical, biotechnology etc. requiring

long term trials / testing and pure software products / technologies and patents relating to strategic

sector (space, nuclear, arms and armaments etc.)

Timelines Release of Advertisement by TIFAC: 22nd June 2013. Last Date of Receipt of Applications: 14th August 2013. First level of screening: 31st August 2013. Second level of screening: 30th October 2013. Third level of screening: 31st December 2013. Award Function: 10th February 2014 (TIFAC Day).

For further details please visithttp://www.tifac.org.in
http://www.tifac.org.in/http://www.tifac.org.in/http://www.tifac.org.in/http://www.tifac.org.in/


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IPAE Study material:Edition 3.0

After conducting four successful batches for Indian Patent Agent Examination training, Origiin IP Academy is shortlylaunching 3rd Edition of study material for Indian Patent Agent Examination (IPAE) preparation.

The details of study material for patent agent examination are as below:

A. What we offer: Study material to assist you with preparation for Indian Patent Agent Examination.B. What does study material comprise of: The study material has three modules

o First Module: Interpretation of each and every section/rule of Indian Patents Act/Rules andexplanation with illustration, case-study and examples.

o Second Module: Important conventions, PCT, Patent drafting, License agreement and tips for viva.o Third Module: Solutions of all previous year question papers from year 2004 to 2013.

C. Additional support: You get Assignments and Dictionary on Indian Patent Law absolutely FREE!!! Mock tests,sample practice papers are also provided.

D. Cost: The entire course costs only 16,000 INR (includes all the three modules, assignments and Dictionary onIndian Patent Law).

E. Eligibility: Candidate must be a citizen of India; completed the age of 21 years; and must have obtained adegree in Science, Engineering or Technology from any University established under the law for the time

being in force in the territory of India or possesses such other equivalent qualifications as the Central

Government may specify.

F. How to register: Download registration form from http://www.origiinipa.com and send it to us to registeryourself. For details, write us [email protected] or [email protected]

Our other certificate courses:

1. Certificate course: Patentability search2. Certificate course: Clearance search3. Certificate course: Technology Landscape analysis4. Certificate course: Invalidation/validation search5. Certificate course: IP audit and commercialization (coming soon)

Disclaimer: The purpose of this Origiin newsletter is to provide general information to the readers on IPR & is not intended as a

substitute for professional consultation and advice on a particular subject matter. For specific issues, kindly seek legal assistance.

The IP News and IPO statistics have been compiled from the information available in public domains and Origiin is not as such,

responsible for any error, omission, and mistake or misfiled particulars contained or omitted from the said records. Column in the

Newsletter is based on authors experience in the area of IPR and views reflected in column are purely of the authors . Please mail

us [email protected] yourvaluablefeedback/comments.
http://www.origiinipa.com/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.origiinipa.com/

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Origiin Newsletter August 2013