computer related inventions in india - presentation by nitin nair at upes school of law

15
CRI IN INDIA NITIN NAIR UPES OCTOBER NOVEMBER 2017

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Page 1: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

CRI IN INDIA

NITIN NAIRUPES

OCTOBER – NOVEMBER 2017

Page 2: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

PATENT PROCESS

Drafting (specification & claims)

Filing (respective Patent Offices)

Prosecution (claim amendments in

response to office actions)

Maintenance

Page 3: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

PATENTABILITY

• Product or process

• Subject matter

• Novel

• Inventive step

• Industrial application

• Disclosure

Page 4: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

SUBJECT MATTER - EXCLUSIONS

• A mathematical or business method or a computer programme, per se or algorithms

• literary, dramatic, musical or artistic work or any other aesthetic creation*

• a mere scheme or rule or method of performing mental act or method of playing game

• a presentation of information*

• topography of integrated circuits*

Page 5: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE CLAIMS

• A method of optimizing an operation of a power generation

system having a plurality of power generation devices, the

method comprising:

obtaining an objective function of the power generation

system;

obtaining a plurality of operating constraints of the power

generation system;

determining a plurality of relationships between a plurality of

parameters of the power generation system, the plurality of

relationships including a first relationship specifying an

optimal operating range of one of the plurality of power

generation devices as a function of a power factor of the one

of the plurality of power generation devices; and

solving the plurality of relationships to obtain an optimal

solution for the objective function within the plurality of

operating constraints of the power generation system.

Page 6: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE CLAIMS

In a mobile telecommunications system comprising: a network including a plurality of base

stations for defining communications cells: and first and second user equipment for

communicating with the network, said plurality of base stations including at least one home

base station defining a home cell associated with said first user equipment and not with said

second user equipment, said home cell overlapping in coverage with a communications cell

usable by both said first and second user equipment, a method for measuring a home cell

comprising the steps of:

acquiring, at the network, position data indicative of the position of the first user equipment;

determining whether the first user equipment is close to the home cell by using the acquired

position data;

sending a cell measurement control message from the network to the first

user equipment via a base station specifying measurements of said home cell when the first

user equipment is close to the home cell;

performing, at the first user equipment a fine position measurement:

determining at the first user equipment whether the first user equipment is close to the home

cell, based on said fine position measurement: and

taking measurements of said home cell at the first user equipment when the first user

equipment is close to the home cell.

Page 7: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE CLAIMS

• An apparatus comprising:

an elongated flexible member adapted to be removably inserted

into an enclosure;

a dispensing mechanism operable to selectively dispense and

retract said elongated flexible member;

a counter configured to determine an amount of said elongated

flexible member dispensed by said dispensing mechanism;

a controller configured to receive said amount of said elongated

flexible member dispensed from the counter and determine a rate

at which said elongated flexible member is dispensed; and

a display in data communication with said controller, wherein

said controller causes said rate at which said flexible member is

dispensed to be displayed in relation to a visual representation

of said enclosure on said display.

Page 8: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE CLAIMS

• 1. A scheduling system for scheduling operation of a device, the scheduling system comprising:a touch screen based user interface adapted to display a plurality of scrollable, selectable options corresponding to different settings, different modes of operation of the device to be scheduled and different time zones for which the device is to be scheduled for, said touch screen based user interface further adapted to display the different settings, the different modes of operation of the device for the different time zones as selected by a user to define a particular operation schedule for the device;a selection module adapted to facilitate navigation and selection of the options from the plurality of scrollable, selectable options displayed on said touch screen based user interface for selectively defining a particular operation schedule for the device;a storage memory adapted to store data corresponding to different settings, different modes of operation of the device to be scheduled and different time zones for which the device is to be scheduled; anda communication network adapted to facilitate communication of different settings, modes of operation of the device corresponding to different time zones in accordance with a particular operation schedule to the device for controlling the device as per defined operation schedule set by the user for the device.

Page 9: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE CLAIMS

• A method of scheduling and displaying an online presence status of a user of an instant messaging (IM) application, comprising:

• setting, by presence management server (PMS) (500) containing a processor and a memory, a routine online schedule of the user, the routine including a start time, an end time, a time zone, and a routine status that indicates a preference of the user to appear online or offline in the IM application between the start time and the end time;

• determining, by the presence management server (PMS), the online presence status of the user in the IM application as user and a current time, wherein the online presence status is set to be equal to the routine status when the current time is between the start time and the end time for said time zone regardless of the user being on line or offline in the IM application, wherein the online presence status is not equal to the routine status when the current time is not between the start time and the end time, wherein the user appears online in the IM application if the user desires to appear online according to the routine status even if the user is offline in the IM application, the routine online schedule of the user being stored to enable the determining of the online presence status of the user; and

• displaying, by the presence management server PMS),the determined online presence status of the user in an IM control panel (350) of other users.

Page 10: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE CLAIMS

• An apparatus for communicating information comprising:

• formatting means for formatting a document in a code for presenting information contained within said document in a predetermined manner on a networked device;

• compiling means for compiling said code into a file of compiled code such that a necessary element for creating or invoking a first application for presenting said document and/or for creating or invoking a second application being presented with said document is included in said compiled code;

• disseminating means for disseminating said file through a computer network, either by uploading said file to a server or by making said file available through peer to peer networking; and

• forwarding means for forwarding said compiled code of said file to a distribution channel for presenting said document on said networked device, wherein upon said compiled code arriving at said distribution channel, Said necessary element creates or invokes said first application for presenting said document in said predetermined manner and/or creates or invokes said second application for being presented with said document.

Page 11: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE CLAIMS

• A system for managing and monitoring prenatal image data across a network comprising:

- a plurality of ultrasound machines distributed at various geographical locations, wherein each ultrasound machine comprises:

- an ultrasound engine to scan the prenatal images from the ultrasound machine; and

- a master-data storage to store the prenatal images scanned by each ultrasound engine in the master data storage of its corresponding ultrasound machine; and

- a remote server linked to each ultrasound machine of the

plurality of ultrasound machines to form the network such that

the prenatal image data can be managed and monitored from a

remote location by authentic users.

Page 12: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE IDEAS

• Prior art: Optical image stabilization (OIS) and electronic image stabilization (EIS) are existing independent methods for reducing movements during video recording.

• Invention: Optical stabilization first helps to stabilize the shot through mechanical means without any loss of image resolution. That input is then fed to the electronic stabilization system, which detects any leftover shake and then crops/aligns the footage to further stabilize the shot.

• The phone compares position data of the OIS camera with position data from the phone’s built-in gyroscope to further stabilize video as you record.

• All this happens automatically during video recording and in real time.

Page 13: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

EXAMPLE IDEAS

• Video 1

• Video 2

Page 14: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

HOW TO PATENT

• The claims and the description

• Should include hardware elements

Page 15: Computer Related Inventions in India - Presentation by Nitin Nair at UPES School of Law

OTHER AVAILABLE FORMS OF PROTECTION

• Trademarks

• Copyrights

• Designs

• Trade secrets

• Semiconductor layout