Origiin Newsletter February 2013

7/29/2019 Origiin Newsletter February 2013

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All rights reserved (C) Origiin IP Solutions 2013

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n this issuenow the power of the

tate-of-the-Art.P.1

P News Bulletin .................. P.2

ews from Indian Patent Office. P.3

nteresting patent of the month..P.4

ass room training Indian Patent

gent Examination 2013 .............P.5

A monthly

Newsletter

on issues

relating to

Intellectual

Property

Rights

S U E ( V o l u m e )

MONTH

February

Y EAR

2013

1 (2) Origiin Newsletter

Know the power of the State-of-the-ArtBindu Sharma

gets generated and added in the prior art every

day. Where on one hand keeping pace with

technical progress in present times is a

challenge and on the other hand, innovation

has to happen to ensure sustainable growth.

Till the time, you foresee the innovation in a

given area of technology, it is impossible to

create significantly creative and valuable

products. Another issue in technologies such aselectronics or software is that innovation cycle

is too short, meaning that in no time after you

market or commercialise the product, you may

see next versions of the product floating

around. Considering high cost of R&D and

resources, output often is not that meaningful

and sustainable.

In most of the companies, before designingR&D in a given area of technology, one

important parameter is often missed out, i.e.

assessment of state of the art. Even though

by means of product surveys, competitors

products or otherwise, the products available

in market are often watched carefully but the

wealth of technical information lying in the

form of patents is largely ignored. It is

important to note that few of the patented

technologies actually come in the market,

meaning that, there is huge amount of

information, in the form of patents, which is

not seen in the market. However, assessment

of this wealth may help in various ways,

such as:

1. It helps you to assess quality of your

product and may be after knowing state of

the art, you can further fine tune your

product or add more value to it.

2. State-of-the-Art may reveal many

interesting ways of performing an invention,

which you would have never thought about

and this actually can add lots of value to

existing product/process.

3. Assessment of patentability of the

invention compared to state of the art

becomes clear and easy.

4. The best thing about the information

available in the form of a patent is the

Contact us

#51, MCHS, 15th Main,

Sector 4, HSR layout

Bangalore [INDIA]

Phone: +9198456 93459

+9198802 13204

Email: [email protected]

Websitesww.origiin.com

ww.origiinipa.com

ogstp://origiinipae.blogspot.com

tp://inventorshub.blogspot.com

ditorsnita Kalia

hira A

In this

technological

progressive era,

huge amount of data


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best mode of performing invention, known to the inventor. In

most of the countries, patent law expects inventor to disclose

the best mode of working the invention which means that from

patent documents you actually get complete technical working

of the invention, most of the times with illustrations, drawing

and examples.

Even though by means of product surveys,

competitors products or otherwise, the products

available in market are often watched carefully but

the wealth of technical information lying in the

form of patents is largely ignored.

5. Based upon State-of-the-Art, if you feel that your invention

is significantly better than existing patents, you might consider

filing for a patent yourself.

6. Infringement of patent happens when one makes, sells, offers

to sale, import patented product or a product made from a

patented process without permission of a patent holder. As a

result of state-of-the-art search, you might come across a few

patents or patent application (not been granted), that are very

close to your invention. In such a case, it is worth looking at

such patents in details and check for their validity (whether they

are legally enforceable) or to see if they have been filed or

granted in the country (ies), where you intend to market your

product. If there are any such patents, you need to be careful as

there are chances that you might be infringing such patents.

7. State of art data can take various forms and interpretation of

such data into various graphs can provide you valuableinformation in terms of key players, active areas of technology,

patent filing, publication and grant trends, favorable

jurisdictions, international classification etc. This data may play

a vital role in formulating patent strategies for the organization.

State-of-the-art is a wealth of knowledge, infact a powerful tool

that is important not only to prepare a strong base to formulate

your R&D strategies but also assists in multiple ways. It is

worth investing time to unfold state-of-art to create innovative,

commercially viable and meaningful products to obtain

competitive edge in market.

IP NEWS BULLETIN

Patent unit for SMEs in Gujarat

Gujarat Chief Minister Narendra Modi wants a dedicated unit

in the state industries department to be formed for catering to

patent-related needs of small and medium enterprises (SMEs).

Emphasising the importance of smaller industries and

entrepreneurs in achieving high industrial growth, he asked

SMEs to shed "defensive approach" and start aggressive

branding and marketing with a focus on capturing the share of

global market.

It is really encouraging to know that growth of the SME sector

nationally is 19% whereas in Gujarat SME sector is growing at

85%. This is the sector which has helped the state to generate

maximum employment and having assistance in the area of

patents, SME sector would certainly see more growth.

Drug pricing & compulsory licence

Indian government's move to issue compulsory licences (CLs)

for three more patented cancer drugs is a jolt to multinational

pharmaceutical companies. The plan is to issue CLs for

Trastuzumab (or Herceptin, used for treating breast cancer),

Ixabepilone (used for chemotherapy in breast cancer

treatment) and Dasatinib (or Sprycel, for leukaemia). These

cost an average of $3,000-4,500 (Rs 1.64-2.45 lakh) for a

month's treatment.

When a patent is granted to the patentee, he must

commercialize the invention so that invention is available to

the public at reasonable cost and the reasonable requirements

of public are met. However, if he doesnt commercialize the

invention for 3 years, any person interested can request the

Controller to grant him a compulsory license in order to

manufacture and commercialize the patented invention so that

reasonable requirements of the public are met and the product

is available to the public at reasonable cost. The application for

compulsory license under Section-84 can be filed only after

expiry of 3 years from the date of grant of the patent.

With grant of compulsory license, domestic companies can

manufacture and market generic versions, paying a reasonable

royalty to the patent holder company.

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http://www.business-standard.com/india/prof_page.php?search=Modi&select=1http://www.business-standard.com/india/prof_page.php?search=SME&select=1http://www.business-standard.com/india/prof_page.php?search=compulsory+licences&select=1http://www.business-standard.com/india/prof_page.php?search=compulsory+licences&select=1http://www.business-standard.com/india/prof_page.php?search=multinational+pharmaceutical+companies&select=1http://www.business-standard.com/india/prof_page.php?search=multinational+pharmaceutical+companies&select=1http://www.business-standard.com/india/prof_page.php?search=Trastuzumab&select=1http://www.business-standard.com/india/prof_page.php?search=Ixabepilone&select=1http://www.business-standard.com/india/prof_page.php?search=Dasatinib&select=1http://www.business-standard.com/india/prof_page.php?search=Dasatinib&select=1http://www.business-standard.com/india/prof_page.php?search=Ixabepilone&select=1http://www.business-standard.com/india/prof_page.php?search=Trastuzumab&select=1http://www.business-standard.com/india/prof_page.php?search=multinational+pharmaceutical+companies&select=1http://www.business-standard.com/india/prof_page.php?search=multinational+pharmaceutical+companies&select=1http://www.business-standard.com/india/prof_page.php?search=compulsory+licences&select=1http://www.business-standard.com/india/prof_page.php?search=compulsory+licences&select=1http://www.business-standard.com/india/prof_page.php?search=SME&select=1http://www.business-standard.com/india/prof_page.php?search=Modi&select=1


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NEWS FROM INDIAN PATENT OFFICE

Date for Indian Patent Agent Examination

Finally the date of Indian Patent Agent Examination has been

announced. It will be held on 4th and 5th May 2013 at Kolkata,

Chennai, Mumbai, Delhi and Nagpur.

Paper 1 [Patent Act and Rules]: 4th May, 10.30 AM. to 1.30 PM

Paper 2 [Drafting and Interpretation of patent specifications andother documents]: 4th May 2013, 2.30 P.M.-5.30 PM

Viva voce: 5th May 2013 (10 A.M. onwards)

Electronic version of Acts

The Controller General of Patents, Designs and Trade Marks

releases eVersion of the Patents Act, 1970 and Patents Rules, 2003

in html and pdf version incorporating all amendments till date on

30th January 2013.

Recordal of post registration changes in the

trademarks

The CGPDTM initiates a special drive for disposal of

applications/requests for recordal of post registration changes in

the trademarks including their assignments. In case of a request

involving many trademarks having different jurisdiction, the

request shall be disposed off by the office having jurisdiction with

respect to the first trademark mentioned in the application.

National Intellectual Property Awards 2013

CGPDTM invites applications for the National Intellectual

Property Awards 2013. The objective of conferring the National

Intellectual Property (IP) Awards is to recognize and reward

creators/innovators of IP who have contributed to harnessing the

countrys intellectual capital and creating an eco-system that

boosts creativity and innovation. The awards will be presented to

the awardees at an event in Delhi, organized by the Intellectual

Property Office (IPO) in collaboration with the Confederation of

Indian Industry (CII).

For further details kindly read:

http://www.ipindia.nic.in/iponew/application_Form_21January201

3.pdf

Prime aim of the compulsory license is to ensure that balance

between public health and patent rights is well maintained and

due to the fact that there is a patent on a particular drug, public

at large cannot be deprived of the drug at affordable cost.

Amulya 2012 awards presented to innovators

Kiran Mazumdar Shaw, Chairman and Managing Director

Biocon with MN Vidyashankar, Principal Secretary Industries

and Commerce, HP Kicha, Chairman Karnataka state

innovation council, MKSridhar, Executive Director of the

Karnataka Knowledge Commission presented Amulya 2012

awards at Bharatiya Vidhya Bhavan, organized by Karnataka

State Innovation Council, in Bangalore on Saturday 2nd

February 2013.

Amulya 2012 is an encouragement program jointly initiated

by Department of Industries and Commerce, Government of

Karnataka and Karnataka State Innovation Council (KSInC)

supported by Karnataka Jnana Aayoga (Karnataka Knowledge

Commission) to give away awards and incentives for patent

applications granted/filed by Individuals, researchers,Institutions, Research & Development (R&D) centers and

Micro, Small and Medium Enterprises (MSME) to protect their

innovations.

The main objective of this program is to create awareness about

patents, to communicate the advantages of patenting and to

encourage a patent filing culture in the State of Karnataka and is

held every year.

Origiin team congratulates all the awardees for their innovative

invention and valuable contribution to the society.

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Title of the invention: Sock and shoe

Inventor:Julius W. Burrell

Patent number: 3938264

Filing date: Jan 15, 1975

Issue date: Feb 17, 1976

A sock for wearing on the feet which is restrained from creeping

between the toes, when worn in the shoe of the invention. The forward

external toe section of the sock is fitted with a Velcro patch of a size to

engage a Velcro patch fastened inside the forward toe section of theshoe. When the sock and shoe are worn together, the Velcro sections

attach to each other maintaining the toe section of the sock in the

forward section of the shoe and restraining the forward section of the

sock from creeping between the toes of the wearer.

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INTERESTING PATENT OF THE MONTH

Class room training Indian Patent Agent Examination 2013

Indian Patent Office announced the dates for Indian Patent Agent Examination 2013. It will be held on

4th and 5th May 2013 at Kolkata, Chennai Mumbai, Delhi and Nagpur.

I. Paper 1 [Patent Act and Rules]: 4th May, 10.30 AM to 1.30 PM

II. Paper 2 [Drafting and Interpretation of patent specifications and other documents]: 4th May 2013,2.30 PM to 5.30 PM

III. Viva voce: 5th May 2013

Eligibility: Candidate shall be a citizen of India; completed the age of 21 years; and has obtained a

degree 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.
http://www.google.com/search?tbo=p&tbm=pts&hl=en&q=ininventor:%22Julius+W.+Burrell%22http://www.google.com/search?tbo=p&tbm=pts&hl=en&q=ininventor:%22Julius+W.+Burrell%22http://www.google.com/search?tbo=p&tbm=pts&hl=en&q=ininventor:%22Julius+W.+Burrell%22


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Schedule for training by Origiin IP Academy

Day Topic (10.00 AM to 12.30 AM) Topic (1.30 PM to 4.00 PM)

Day 19th March 2013

[Saturday]

Introduction to IPRChapter-1

Chapter 2, 3, 4 Indian PatentsAct, 1970

Day 216th March 2013

[Saturday]

Chapter 5, 6 & 7, Indian PatentsAct, 1970

Patent license agreements andPCT procedures

Day 3

23th March 2013[Saturday]

Chapter 8 to 12, Indian PatentsAct, 1970

Chapter 13-16, Indian PatentsAct, 1970

Day 4

30th March 2013[Saturday]

Chapter 17-20, Indian Patents

Act, 1970

Chapter 21-23, Indian Patents

Act, 1970

Day 512th April 2013

[Friday]

Patent drafting as per IPO prescription

Day 6

13th April 2013[Saturday]

Discussion and solution on previous years question papers

Day 7

14th April 2013[Sunday]

Discussion and solution on previous years question papers.Tips for viva and discussion with successful candidates from previous

batches

Study material: The material has 3 modules:

a. First Module: Interpretation of each and every section/rule and explanation withillustration, case-study and examples.

b. Second Module: Important conventions, PCT, Patent drafting, License agreementand tips for viva.

c. Third Module: Solution of all previous year question papers from year 2004 to2011.

Cost: The entire course costs only 22,000 INR (including complete set of study material,

assignments, Dictionary on Indian Patent Law, Mock tests, and sample practice papers).

Number of seats: 12

Registration: To enrol for the training, kindly mail to [email protected],

[email protected] or visit www.origiinipa.com to download the registration form. Your study

material will be immediately dispatched upon receiving the payment and registration form.

Web based classes available for out station candidates.

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Documents

Origiin Newsletter February 2013