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SEMINAR ON EMERGING IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS PROTECTION IN INDIA - GLOBAL PERSPECTIVE PATENTS AT GLOBAL LEVEL & IMPORTANCE OF PATENT TRACKING - INDIAN CONTEXT By PADMIN BUCH B.Pharm; MBA; CMC Chief Consultant GITCO, Ahmedabad November 26, 2006. GITCO BACKGROUND. - PowerPoint PPT Presentation
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SEMINAR ON
EMERGING IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS PROTECTION IN INDIA - GLOBAL PERSPECTIVE
PATENTS AT GLOBAL LEVEL &
IMPORTANCE OF PATENT TRACKING - INDIAN CONTEXT
By
PADMIN BUCHB.Pharm; MBA; CMC
Chief ConsultantGITCO, Ahmedabad
November 26, 2006
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GITCO BACKGROUND
Multi-disciplinary Technical Consultancy Organization
Strong base in Drugs and Pharmaceutical Sector:
World Bank Study on Drugs Laws Review
GITCO Patent Cell set-up with the help of
Government of Gujarat
Conducted number of Patent Awareness and
Technical Symposiums
Filed several Patents so far
Patent Cell has an informal Tie-up with Mark
Patent.ORG
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GlobalisationGlobalisation
“Integration of economies and societies through cross country flows of information, ideas, technologies, goods, services, capital, finance and people”
Dr. C. Rangarajan
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WORLD INTELLECTUAL PROPERTYWORLD INTELLECTUAL PROPERTYORGANISATION (WIPO) REPORT ORGANISATION (WIPO) REPORT (OCT. 2006)(OCT. 2006)
Increased use of IP Increased use of IP systems by systems by companies at companies at international levelinternational level
Total of 5.4 million Total of 5.4 million patents in force world-patents in force world-wide (2004)wide (2004)
Increase in the use of Increase in the use of WIPO’s PCT systemWIPO’s PCT system
Market Patent Trends-2004
0 50000 100000 150000 200000 250000 300000 350000 400000 450000
Others
India
Brazil
United Kingdom
Russian Fedeartion
Austraila
Canada
Germany
European P atent office
China
Korea Rep
USA
J aipan
Pate
nt o
ffice
s
Number of fillings
Resident
Non Resident
Market Patent Trends-2004
0 50000 100000 150000 200000 250000 300000 350000 400000 450000
Others
India
Brazil
United Kingdom
Russian Fedeartion
Austraila
Canada
Germany
European P atent office
China
Korea Rep
USA
J aipan
Pate
nt o
ffice
s
Number of fillings
Resident
Non Resident
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WIPO Report Contd….WIPO Report Contd….
Large increase in foreign patent Large increase in foreign patent filings in countries such as filings in countries such as Brazil, China, India, Korea and Brazil, China, India, Korea and MexicoMexico
Boom in Patent Filing in North Boom in Patent Filing in North East AsiaEast Asia
China and Republic of Korea China and Republic of Korea leadlead
Reflects Reflects internationalization of internationalization of Patent system Patent system in Sync with in Sync with World EconomyWorld Economy
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WIPO Report Contd….WIPO Report Contd….
At the same time, Patents still remain At the same time, Patents still remain concentratedconcentrated
Five Patents Offices (USA, Japan, Five Patents Offices (USA, Japan, Korea, China and EU) account for :Korea, China and EU) account for :– 75% of Patents filed world-wide75% of Patents filed world-wide– 74% of Patents granted world-wide74% of Patents granted world-wide
Information on patents in force is not Information on patents in force is not easily available for several Patent easily available for several Patent officesoffices
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Number of Patent Applications Received Number of Patent Applications Received (India)(India)
Year No.of Applications Received
2000-01 : 5,0002004-05 : 17,4462005-06 : 23,000Source: Economic Times May 2, 2006
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INDIA IMPLEMENTS PRODUCT PATENTINDIA IMPLEMENTS PRODUCT PATENT
Directly affects industries of Drugs and Pharmaceuticals, Agro Chemicals and Textiles.
Also affects all Technology and Knowledge based Industries
Industries, particularly, small and medium scale sector worried and confused.
Certain myths and misconception prevail
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IPR : SOME MYTH AND IPR : SOME MYTH AND MISCONCEPTIONSMISCONCEPTIONS
““We are not into Research : IPRs not important We are not into Research : IPRs not important to us”to us”
““We are into well set/routine production We are into well set/routine production process. Why IPR for us!”process. Why IPR for us!”
““We came across a good Technology on visit We came across a good Technology on visit overseas. As it is patented we can not use it”overseas. As it is patented we can not use it”
““We were developing a very good Herbal We were developing a very good Herbal Product. We are told somebody overseas has Product. We are told somebody overseas has obtained “obtained “world Patentworld Patent” for it !!”” for it !!”
““Without resources IPR can not help us in Without resources IPR can not help us in innovations, increase business profits, etc.”innovations, increase business profits, etc.”
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MAKING USE OF IPR SYSTEMMAKING USE OF IPR SYSTEM
India has strong base of business India has strong base of business infrastructure and enterprise in Small Scale infrastructure and enterprise in Small Scale SectorSector
It lags behind in research and developmentIt lags behind in research and development Requires tying up of Technology available Requires tying up of Technology available
with ready business infrastructurewith ready business infrastructure Techno-legal information : an essential an essential
strategic toolstrategic tool Information pertaining to Patents becomes Information pertaining to Patents becomes
one of the key sourcesone of the key sources
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PATENT INFORMATIONPATENT INFORMATION
It is technical and legal information
given in Patent documents.
Significant proportion of technical
information provided in patent
application is normally not
available except patent office
database.
Makes Patent information the
single most comprehensive source
for classified technological data
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RELEVANCE OF PATENT RELEVANCE OF PATENT INFORMATION TO INDUSTRIES/SMEsINFORMATION TO INDUSTRIES/SMEs
Patents are unique source of technical information
Most innovations are disclosed to the public for the first time when Patent is published
So it provides information about latest technology before the new product enters the market.
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ADVANTAGES OF PATENT ADVANTAGES OF PATENT INFORMATION (PI)INFORMATION (PI)
Avoiding duplication of research efforts
Identify alternate technologies
Get ideas for further innovations
Avoid possible infringement problems / Patent litigations
Locate potential business partners/competitors
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NEED FOR PATENT TRACKING NEED FOR PATENT TRACKING FACILITYFACILITY
Industries generally ignorant about importance of Patent information
SMEs always not capable of search and identifying relevant information
Patent tracking facility Centre would provide these useful and latest information regarding Patent
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INTERNATIONAL PATENT INTERNATIONAL PATENT
CLASSIFICATION (IPC)CLASSIFICATION (IPC) International Patent Classification provides a
common classification for patents IPC is a hierarchical system in which the whole
area of technology is divided into a range of sections, classes, subclasses and groups.
This system is indispensable for the retrieval of patent documents.
The Classification is periodically revised in order to improve the system and to take account of technical development.
The current, eighth, edition of the IPC entered into force on January 1, 2006.
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METHODOLOGYMETHODOLOGY
International Patent Classification (IPC) by WIPO : Latest Version : 8th Edition
Classification : Section A to H Covers all industry groups Preliminary search, quick search and
advance search Online Database of various Patent Offices Also paid Database (Online/Compiled) Abstract of Patents published/granted
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SOME INDICATIVE PATENT SOME INDICATIVE PATENT INFORMATION SOURCESINFORMATION SOURCES
Web-based Database of Indian Patent Offices (Government of India)
National Informatic Center (NIC) European Patent Office US Patent and Trademark Office Canadian Patent Office Department of IP, Thailand World Intellectual Property
Organisation (WIPO) : PCT DatabaseChina (SIPO), Japan and Korea
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ILLUSTRATIVE LISTILLUSTRATIVE LIST
SPECIALISED DATABASESPECIALISED DATABASE(Paid/Subscription based)(Paid/Subscription based)
DELPHION Dialogue STN (STN Easy, Sci-finder) Questal Orbit, etc. ESPACE Global Pat (Coverage of US,
EP & WO patent data from 1971 to 2003)
ESPACE Access (Bibliographic data & abstracts of EP & PCT applications since 1978)
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SCOPE OF WORK AND METHODOLOGYSCOPE OF WORK AND METHODOLOGY
A Patent Tracking Facility Center (PTFC) may be set up (e.g. at GITCO)
Experts to be inducted & associatedThe Center would have necessary
expertise, facilities, infrastructure and linkages to track the Patent related data on-line
The Centre would cover more than one industry and relevant product groups
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DeliverablesOn going Tracking of Patent
InformationPatent Information News
LetterOn-line Patent tracking
facilityPrior Art/Family SearchCreation of database IPR Compliance (NIPER
Model)Technology Tie-up
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“There is an urgent need to eradicate Patent illiteracy . Else it would corrode our national technological-industrial edifice itself.”
Dr. AD DamodaranFormer Director, RRL (CSIR)
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“If you think you are going to be successful running your business in the next ten years the way you did in the last 10 years, you are out of your mind”
“To succeed, you have to disturb the present”
Robert Goizueta CEO,CocaCola
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THANK YOUTHANK YOU Padmin Buch . . .Padmin Buch . . .
GITCO LimitedGITCO LimitedGITCO HOUSEGITCO HOUSEOpp: Sardar Patel StadiumOpp: Sardar Patel StadiumNavrangpuraNavrangpuraAhmedabad-380009Ahmedabad-380009Ph. No. (079) 26565333; 26569617; 26564618Ph. No. (079) 26565333; 26569617; 26564618Fax : 079-26565279Fax : 079-26565279E-mail : [email protected] : [email protected]