ISSUE (Volume)

27 (3)
MONTH

Au gu st
YEAR

A monthly Newsletter on issues relating to Intellectual Property Rights

Origiin Newsletter

2013

In this issue
Patent alerts..... . ...P.1 IP News Bulletin .............. ...........P.3 News from IPO ......................................P.4 Monthly IPO Statistics .. ..P.5 Interesting patent of the month ..............P.6 National award: TIFAC . ..P.7 Indian Patent Agent Exam study material Edition 3.0 ..P.8

Patent alerts: To stay ahead of the competition

Whats new in this issue? Monthly statistics from Indian Patent Office July 2013

Unity of that Invention: Indian Patent law perspective A s we know meet statutory requirements
innovation is the key to sustainable growth for any business today and patents play a vital role by securing innovations and obtaining competitive edge

But also the best mode is disclosed to 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

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in the market. Patent filing is increasing globally and according to World Intellectual Property Organisation (WIPO) report,

Blogs
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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

Editors
Anita Kalia Athira A

importance of building strong, intangible asset portfolios, even in times of crisis, because you need it for a recovery, Francis Contact us Gurry, head of the UN agency said.

filed/published/granted/expired.

However, keeping track of the kind and number of patent applications published,

Patents are excellent source of technical information, primarily for the reason that
#35, First Floor First Main, Vysya Bank Colony BTM 2nd Stage Bangalore-560076 Email: info@origiin.com

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 of data &

inventions

are

not

only

disclosed

systematically in the patent specification

increasing All rights reserved (c) Origiin IP Solutions LLP 2013

number

patent

filing,

extracting desirable

2
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: 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

Generating periodic (weekly, monthly or half yearly) patent alerts is one of the most effective tools to track the latest

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

happenings in the area of patents.

A. New products/processes for which patent applications 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

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

applicability of the invention.

applications of granted patents of competitor companies. B. By knowing published applications, one might want 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. 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 C. New markets or new technologies that your competitors are focussing at. This might give you overview of the kind of products they are planning to launch in given markets. 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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IP NEWS BULLETIN
Boston 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.

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

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, nonDr 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. 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) 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 plantbreeding 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. All rights reserved (c) Origiin IP Solutions LLP 2013

patentability and non-disclosure under Section 8 of the Patents Act, 1970.

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 California for 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 Madrid protocol

IMPORTANT NEWS FROM INDIAN PATENT OFFICE

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.

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.

Top 10 Patent Grantees July 2013

14 12 10 8 6 4 2 0

Series1

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.
Branch wise distribution of Granted Patents
60 50 40 30 20 10 0 Delhi Chennai Kolkata Mumbai
Patent Office Branches

No: of Patents Granted

PCT-NP Non PCT-NP

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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.

IPC CODE
90 80 70 60 50 40 30 20 10 0

Count of IPC CODE

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 All rights reserved (c) Origiin IP Solutions LLP 2013

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 promote commercialization of patented technologies. Award will carry sum of Rs. 5.00 lakh + a certificate + incentive of Rs. 5.00 lakh on commercialization of the awarded 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 visit http://www.tifac.org.in All rights reserved (c) Origiin IP Solutions LLP 2013

IPAE Study material: Edition 3.0

After conducting four successful batches for Indian Patent Agent Examination training, Origiin IP Academy is shortly launching 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 and explanation with illustration, case-study and examples. Second Module: Important conventions, PCT, Patent drafting, License agreement and tips for viva. Third Module: Solutions of all previous year question papers from year 2004 to 2013.

o o

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 on Indian Patent Law). E. Eligibility: Candidate must be a citizen of India; completed the age of 21 years; and must have 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. F. How to register: Download registration form from http://www.origiinipa.com and send it to us to register yourself. For details, write us at info@origiin.com or origiin.training@gmail.com Our other certificate courses: 1. Certificate course: Patentability search 2. Certificate course: Clearance search 3. Certificate course: Technology Landscape analysis 4. Certificate course: Invalidation/validation search 5. 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 at info@origiin.com for your valuable feedback/comments.

All rights reserved (c) Origiin IP Solutions LLP 2013