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x
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
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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=17/29/2019 Origiin Newsletter February 2013
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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.
4
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%227/29/2019 Origiin Newsletter February 2013
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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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