Origiin Newsletter June 2013

7/28/2019 Origiin Newsletter June 2013

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All rights reserved (c) Origiin IP Solutions LLP

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this issue

stematic documentation of invention....P.1

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

ews from Indian Patent Office................P.3

onthly IPO Statistics ..P.4

teresting patent of the month.... .........P.5

ee Webinar.. ........................... P.6

rtificate course on Invalidation search..P.7

A monthly

Newsletter

on issues

relating to

Intellectual

Property

Rights

S U E ( V o l u m e )

MONTH

une

YEAR

2013

5 (3) Origiin Newsletter

Systematic documentation of inventionGot a new idea?

Planning for a patent?

What is the first step?

Once you made up your mind to file for

a patent and the first meeting with

attorney/agent is fixed, it is extremely

important for you document the

invention systematically. What all shall

be documented and how much details

are enough, has to be made clear before

you proceed further with drafting

specification.

Though one feels lazy writing the

disclosure of the invention, honestly

speaking, there is no substitute to

documentation. Sooner or later, you

have to document the invention sothat

interaction with your agent is

comfortable and you waste less time in

clarification/redoing work. It is always

advisable to execute Non-Disclosure

Agreement with the attorney to whom

you will be disclosing the invention.

Contact us

#35, First Floor

First Main, Vysya Bank Colony

BTM 2nd Stage

Bangalore-560076

Email: [email protected]

hats new in this issue?

onthly statistics from Indian

tent Office May 2013

ee Webinar

ebsites

ww.origiin.com

ww.origiinipa.com

ogsp://origiinipae.blogspot.com

p://inventorshub.blogspot.com

What is to be claimed?

Patent is a techno-legal document and you

get protection over the items you claim in

the specification. Hence, identification of

novel elements, which may relate to a

product or process or utility, shall be done

at first level itself. Once you are clear about

what to claim, the detailed description of

the invention in patent specification

revolves around such novel elements and

helps you to fine tune the invention as well

as highlight novelty of the invention. The

best way to separate out novelty of the

invention is to perform a thorough global

patent search and then remove the

elements that are in public domain.

In the cases, where a patent application

results from a research work, often inventor

loves to include most of the experiments

that are part of his/her research, which

results in redundant and repeated data

resulting in increased number of pages as

well as extra fee. The data to be included in

Origiin completes two

successful years and 24

volumes of the Newsletter.We thank all readers for

their valuable suggestions/

feedback/appreciation/

encouragement and

continuous support to

enable us move on.


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a patent application shall only restrict to supporting

novel elements of the invention and shall be explained to

the level that a person skilled in the art understands it.

Existing technical problem

In order to be patentable, your invention shall have an

inventive step. One of the ways to assess inventive step

is identification of the technical problem and the solution

you provide.

Though one feels lazy writing the

disclosure of the invention, honestly

speaking, there is no substitute to

documentation. Sooner or later, you have

to document the invention.

The Indian Patents (Amendment) Act 2005 in Section

2(1)(j) and 2(1)(ja) respectively states invention means a

new product or process involving an inventive step and

capable of industrial application and inventive step

means a feature of an invention that involves technical

advance as compared to the existing knowledge or

having economic significance or both and that makes the

invention not obvious to a person skilled in the art.

Hence, you shall always be clear about the prior art or

existing knowledge or evolution of technology in order to

know technical problem precisely and such technical

problem shall be explained properly while documenting

the invention. For easy reference, it is critical to

document bibliographic details of the patent/non-patent

documents known to you or even the work done by

other inventors. Clear mention of existence of the

technical problem makes it easy to establish the need to

have a solution for the existing problem.

Best mode

As you know that best mode disclosure in the

specification is an essential part of a patent application,

specifically a complete application that starts with

preamble, The following specification particularly

describes the invention and the manner in which it is to

be performed. This clearly indicates that disclosure has

to state the best mode of working the invention and at

the same time, the disclosure has to be complete,

without any gaps in the process.

Section 10 (4) of Patents Act, 1970, clearly states that

every specification, whether provisional or complete,

shall describe the invention and shall begin with a title

sufficiently indicating the subject- matter to which the

invention relates to. Every complete specification shallfully and particularly describe the invention and its

operation or use and the method by which it is to be

performed; disclose the best method of performing the

invention which is known to the applicant and for which

he is entitled to claim protection; and end with a claim or

claims defining the scope of the inventions for which

protection is claimed.

The disclosure of the invention shall be sufficient enough

that a person skilled in the art shall be able to achieve the

results without further experimentation. Incomplete

documentation of the invention by inventor resulting in

incomplete disclosure of the same in patent specification

may be one of the grounds for patent revocation or

invalidation. Hence it is important to disclose complete

process that is executable.

Specifications often consist of background, description,

claims, abstracts and drawings etc. Step wise

documentation of the invention assists your agent to

draft specification in a better manner. You may always

prepare flow charts or drawings for easy understanding

even though the drawings submitted by you often would

undergo complete re-doing of the work to match

standards of the respective patent office.

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2. The United States of America remains the leading country

of origin for PCT applications

3. Electronic machinery overtakes digital communications

as the technological field with the largest number of PCT

applications.

4. PCT national phase entries reach the halfmillion Mark

5. With 51,677 filings, the United States Patent and

Trademark Office (USPTO) received the most PCT

applications in 2012, followed by the Japan Patent Office

(JPO) and the European Patent Office (EPO), with 42,787

and 32,593 PCT applications, respectively. [Source: WIPO

Statistics Database, March 2013]

Complete report may be viewed at:

http://www.wipo.int/export/sites/www/freepublicatio

ns/en/patents/901/wipo_pub_901_2013.pdf

IMPORTANT NEWS FROM INDIAN PATENT

OFFICEThe office of CGPDTM has received a request from Japan

Institute of invention and innovation (JIII) through Ministry

of Industry, Department of Industrial Policy and promotion

seeking nomination of suitable candidates for the following

two programs being organised by the Association for

overseas Technical Scholarship (AOTS):

1. JPO/IPR training course for patent experts (September

17-October 4th 2013), last date for filing application is 17th

May 2013.

2. JPO/IPR training course for IP Protection lawyers

(October 7 to October 25, 2013) , last date for filing

application is 7th June 2013.

The candidates working at Japanese enterprises are eligible

for this program. Further details can be viewed at:

http://www.ipindia.nic.in/iponew/Circular_JPO_IPR_01May

2013.pdf

Conclusion

Documentation/Disclosure of the invention is integral

part of the process of patenting. There is no substitute to

it. The quality of the patent specification primarily

depends upon the precise and clear information you

provide to your patent agent. Even though it takes one or

two days extra, it makes lots of sense to spend some time

and write the invention description patiently.

Vermont Comes After the Trolls

Vermont, a state that is supposed to be among the top

generators of patents per capita, passes new law to

protect businesses from bad-faith claims of patent

infringement. Under the law, purported patent trolls can

be sued by businesses that say they've been victimized,

their customers or the state attorney general. Vermont's

attorney general sued patent troll MPHJ Technology

Investments LLC on the same day the anti-troll legislation

was to be signed into law.

Patent troll is a pejorative term used for a person or

company that enforces its patents against one or more

alleged infringers in a manner considered unduly

aggressive or opportunistic, often with no intention to

manufacture or market the product.

PCT Annual review available

PCT annual review for the year 2013 is now available and

some of the important highlights are as below:

1. About 194,400 PCT applications were filed in 2012,

representing an increase of 6.6% on 2011. This was the

third consecutive year of positive growth since the

decrease in 2009. The 2012 growth rate was slower than

that observed in 2011 (+11%).

IP NEWS BULLETIN

3
http://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdfhttp://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdfhttp://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdfhttp://money.cnn.com/gallery/smallbusiness/2012/10/24/states-patent-invention/index.html?iid=ELhttp://money.cnn.com/gallery/smallbusiness/2012/10/24/states-patent-invention/index.html?iid=ELhttp://money.cnn.com/gallery/smallbusiness/2012/10/24/states-patent-invention/index.html?iid=ELhttp://money.cnn.com/gallery/smallbusiness/2012/10/24/states-patent-invention/index.html?iid=ELhttp://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdfhttp://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdf


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MONTHLY STATISTICS FROM INDIAN PATENT OFFICE: MAY 2013

Top 10 Patent Grantees in May 2013

In the month of May 2013, nearly 196 Patent have been granted by Patent office, our of which Qualcomm

Incorporated and Samsung India Software Operations Private Limited get maximum number of patents, followed

by Hindustan Lever Limited, CSIR, Intel Corporation, Research in Motion Limited, Basell Polyolefine GmbH, CIBA

Holding Inc etc.

Branch wise distribution of granted patents

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

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

applications is quite high compared to non-PCT national phase applications in each branch office.


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IPC distribution of granted patents

Segregation of patent granted in the month of May 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 B (Performing; Operations; Transporting), Class G (Physics).

INTERESTING PATENT OF THE MONTH

Hip hop aerobic exercise doll

Publication number US7128691 B2

Publication type Grant

Application number 11/099,797

Filing date 6 Apr. 2005

Priority date 6 Apr. 2004

Also published as US20050221966

Inventors Robin E. Cottrell

Original Assignee Cottrell Robin E

Abstract: An aerobic exercise system for encouraging a person to exercise more which includes a doll having

movable extremities which at least include arms and legs which are capable of moving in a predetermined aerobic

manner. An aerobic video displays predetermined movements to be performed by the doll. There is a chip disposed

within such doll which is connected to the arms and legs for causing predetermined aerobic movements of the doll

which correspond to movements of the aerobic video. Additionally, there is at least one aerobic type bench for the

doll to perform such predetermined aerobic exercises on.


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Main claims

1. An aerobic exercise system for encouraging a person to exercise more, said aerobic exercise system comprising:

(a) a doll having movable extremities at least including arms and legs which are capable of moving in a

predetermined aerobic manner;

(b) an aerobic video displaying predetermined movements to be performed by said doll;

(c) a chip disposed within said doll and connected to said arms and legs for causing predetermined aerobic

movements of said doll which correspond to movements of said aerobic video;

(d) at least one of an exercise platform for said aerobic doll to perform on and an aerobic type bench for said doll

to perform said predetermined aerobic exercises on; and

e) at least one of a DVD and a VHS player disposed on said exercise platform.

FREE WEBINAR BY ORIGIIN

EVENT DETAILS

Patent search means mining and assessing existing patents/applications relevant to a given area of technology.

There are various purposes of doing a patent search, such as assessing chances of novelty or patentability of an

idea or technology, planning R&D, monitoring your competitors activities, minimising chances of patent

infringement upon product launch, infringement analysis or assessing strength or weakness of a patent or

application. Therefore, knowing existing patents or the prior art is critical for any business in order to have

sustainable growth.

How to register?

Click the link below to register for the webinar

http://origiin.eventbrite.com


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All i ht d ( ) O i ii IP S l ti LLP

8

Certificate course onValidity/Invalidity search

A validity/invalidity search seeks to uncover patents or other published prior art that may render a granted patent

invalid. The search results consist of a search report, a claims mapping chart, citation of prior art and statutory

grounds that may be taken into consideration for invalidating a patent. The results of the search are used to invalidate

a patent involved in infringement litigation or to support due diligence and ascertain the validity of a patent.

Web based classes available for out station candidates.

View complete schedule at:

http://origiinipae.blogspot.in/2013/05/schedule-of-courses-origiin-ip-academy.html

Duration: 25 hr (contact class 13 hr, project 12 hr)

Number of Seats: 6-8

Eligibility: Candidate shall be at least Bachelor in science such as BE, B.Tech, B.Sc.

Who should join?: The course is useful to any person keen to pursue career in IPR, fresh students as well as working IP

Professionals who want to enhance skills and experience in performing various kinds of patent searches.

How to register: Download the registration form from www.origiinipa.com and send us the filled form along with

payment to register.

Venue: Origiin IP Academy

#35 First Main Vysya Bank Colony, BTM 2nd stage, Bangalore-560076

Mobile: +91-98456 93459, +91- 98802 13204

Website: http://www.origiinipa.com

Email: [email protected], [email protected]

Our other certificate courses

1. Patentability search

2. Clearance search

3. Technology Landscape analysis

4. Patent specification drafting

5. IP audit and commercialization (coming soon)

Disclaimer: The purpose of this Origiin newsletter is for providing general information to the readers on IPR & is not

intended as a substitute for professional consultation and advice in a particular matter. For specific issues, kindly seeklegal 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] your valuable feedback/comments.
http://origiinipae.blogspot.in/2013/05/schedule-of-courses-origiin-ip-academy.htmlhttp://www.origiinipa.com/http://www.origiinipa.com/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.origiinipa.com/http://www.origiinipa.com/http://origiinipae.blogspot.in/2013/05/schedule-of-courses-origiin-ip-academy.html

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Origiin Newsletter June 2013