Ashok Introduction to Patents

Ashok DoppalapudiPatent PractitionerPatents and its Protection in India

Copyright 2012 AshokAre you a inventor?Many times we get ideas without even realizing them! Any thing you own,How many of you would have wished that particular product would have worked in a different way? or had been created in a completely different manner?, most of you will say `YES.

Copyright 2012 AshokWhat is an Invention?Sec.2(1)(J) Invention means a new product or process involving an inventive step and capable of industrial applicationDiscovery is nothing but to become aware of something that already existed.Inventions help you discover things! Microscope to discover micro organisms.Copyright 2012 AshokWhat is an Invention?Not every invention has to provide a completely new solution. Some very good inventions are mere improvements over previous inventions.

Copyright 2012 AshokIntellectual Property?

Distinct types of creations of the mind for which a set of exclusive rights are recognized, owners are granted certain exclusive rights to a variety of intangible assets

Copyright 2012 AshokGoverning Laws in India for IPR Patent Act 1970Trade Marks Act (1958 original) 1999 The Copyright Act 1957 The design Act 2000 Geographical Indication of Goods (Registration and Protection) Act 1999 Plant Variety and Farmers Right Protection Act 2001

Copyright 2012 AshokIPR A ExamplePatents

TrademarkDesignScript & User Manual - CopyrightCopyright 2012 AshokWhat is a Patent ?A patent is a exclusive right given to a patentee for an invention for a limited term by a state for disclosing the invention

Patent is a grant

for an inventionby the Governmentto the inventorin exchange for full disclosure of the inventionto debar others to exploit the invention for commercial successfor a limited periodwithin the geographical boundaries of the Nation Copyright 2012 AshokWhy Patent LawQuid pro quo Give and take.For the progress of Science and Technology.To protect & encourage Inventors to inventTo protect & encourage Investor to investTo make a depository of Knowledge base of different technologies properly categorized; such database can be used by Researchers for their further research.To make commercially available the new technological products and process for public use.Compulsory license system for meeting emergency situations.Copyright 2012 AshokINVENTIONSSubject MatterUsefulnessNovelty or NewInventive Step/Non-obviousnessSpecificationPATENTS

Copyright 2012 AshokPatentable Subject MatterMust be Statutory Subject MatterThat Define the list of eligible subject Matters and define the list of ineligible subject mattersEach country has its own eligible subject matters and ineligible subject matters.Subject Matter InclusionsExclusions (Sec 3)Example : - New form of known substance is excludedSoftware Program per se/ Atomic energy / Surgical Methods/ Business Methods/ Agricultural Methods/ Natural Laws/ Other forms of known substance/ Mathematical formulas

Copyright 2012 AshokNovel or NewInvention must not bePublished in India or elsewhereIn prior public knowledge or prior public use with in IndiaClaimed before in any specification in India

Copyright 2012 AshokInventive step or Non-obviousA feature of an invention that involves technical advance as compared to the existing knowledge or have economic significance or both and makes the invention not obvious to a person skilled in the art

Copyright 2012 AshokUsefulInvention is capable of being made or used in any kind of industry.

Copyright 2012 AshokSpecificationThe quid pro quo of the patent system is the early disclosure of technical information in return for exclusive rights for a limited timeThe purpose of the disclosure requirements is to put the public in possession of the invention once the patent expiresPatent protection is granted in exchange for disclosure of everything known about the inventionPatent application must have a fully enabling disclosure; the disclosure would be in such a way that a person skilled in that particular Art/Technology should able to enable the invention after going through the specification. The applicant can take the help of drawings or illustrations if necessary.Must disclose best mode of the invention in his opinion; if there are several ways to practice the invention.Must end with claims of the applicant for the invention disclosed.Copyright 2012 AshokWhen do you lose Rights Public disclosure before filing patentException for 1 yr if disclosed in scientific communitySale of the product prior to filing applicationOffer for sale Even disclosure in Research work at UniversitiesPrior foreign publicationsPublic displayException if displayed during the research and required by the nature of the productPublications May be your own Knowledge in public or use in publicSecretly practiced invention Copyright 2012 AshokSTAGES - FILING TO GRANT OF PATENTPUBLICATION OF APPLICATIONREQUEST FOR EXAMINATIONGRANT OF PATENT3rd Party RepresentationRevocation/AmendmentOPPOSITION PROMPTLY AFTER 18 MONTHS FROM P.D. WITHIN 48 MONTHS FROM F.D. ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS WITHIN 12 MONTHSFILING OF APPLICATIONPROVNL. / COMPLETEDecision of ControllerEXAMINATION-ISSUE OF FERAppealAppellate BoardCopyright 2012 AshokPATENT FEE IN INDIA

Copyright 2012 Ashok

TREND IN PATENT APPLICATIONS IN INDIA and abroadCopyright 2012 AshokWe got all the skill and man power but not able to generate IP, is it just lack of awareness or are we bad at inventing?APPLICATIONS FILED BY INDIAN APPLICANTS

Copyright 2012 AshokTOP 10 INDIAN APPLICANTS FROM INSTITUTES AND UNIVERSITIESS.NoName of Institutes/UniversitiesApplications filed during 2010-111INDIAN INSTITUTE OF TECHNOLOGY, BOMBAY582INDIAN INSTITUTE OF SCIENCE 383INDIAN INSTITUTE OF TECHNOLOGY, KANPUR324INDIAN INSTITUTE OF TECHNOLOGY, KHADAGPUR295INDIAN INSTITUTE OF TECHNOLOGY, MADRAS206CENTRE FOR DEVELOPMENT OF ADVANCED COMPUTING167INDIAN INSTITUTE OF TECHNOLOGY, DELHI168THE ENERGY AND RESOURCES INSTITUTE (TERI)139NATIONAL INSTITUTE OF PHARMACEUTICAL EDUCATION AND RESEARCH (NIPER)1110UNIVERSITY OF CALCUTTA11Copyright 2012 AshokNUMBER OF PATENT APPLICATIONS FILED FROM 2006-07 TO 2010-2011 UNDER VARIOUS FIELDS OF INVENTIONS IN INDIACopyright 2012 AshokPatent SearchPatent search Online: www.uspto.gov www.google.com/patentshttp://worldwide.espacenet.com/?locale=en_EPhttp://ipindiaservices.gov.in/patentsearch/Copyright 2012 AshokInteresting Facts

Ring-pull cans: Inventor licensed the system to Coca-Cola at 1/10 of a penny per can. During the period of validity of the patent the inventor received 148,000 UK pounds a day as royalties.

Gillette Mach 3 is protected by a strong portfolio of 35 patents (including patents on the manufacturing process), which deters competitors from entering the triple-blade razor market.

Post-Its are Invented and patented by the 3M corporation; basically a piece of paper with adhesive applied to it.

Rubber bands were patented in 1845 by Stephen Perry, rubber bands took the world by storm. Copyright 2012 AshokInteresting FactsThe first semblance of a zipper model traces back to Elias Howe, the founder of the sewing machine. In 1851, he created a patent for a device named An Automatic Continuous Clothing Closure, which had a similar function to the modern zipper, although the composition was significantly different.In 1913, Sundback revised and introduced a new model, which had interlocking oval scoops that could be joined together tightly by a slider in one movement or swoop. This final model is recognized as the modern zipper.

Copyright 2012 AshokInteresting FactsAlexander Graham bell applied for a patent for the telephone on Feb 14, 1876, only a few hours before another inventor named Elisha Grey handed his application for a telephone as well.

Had Bell waited one more day to apply for a patent, Elisha grey would today considered as inventors of the telephone.

Patent number 174,465 issued in 1876.

Copyright 2012 AshokInteresting FactsThomas Edison:

Has received nearly 1093 patents during his life.

He didn't actually invent the light bulb. What he did was improve on a fifty year old idea.

Two Canadian friends, Henry and Mathew patented an incandescent light bulb in 1874.

They later sold the patent rights to Edison.

Edison conducted thousands of experiments on the improvements of incandescent bulb.

Later in 1879, Edison showed his Incandescent lamp to the world.Copyright 2012 AshokRefer Wikipedia if you dont believe in me!

TURMERIC

Turmeric is a tropical herb grown in East India.

Powdered products made from the rhizomes of its flowers has several popular uses.

PatentU.S. patent on turmeric was awarded to the University of Mississippi Medical Center in 1995, specifically for the "use of turmeric in wound healing.

It mean they own the exclusive right to sell and distribute turmeric in USA.

Two years later, complaint was filed by India's Council of Scientific and Industrial Research (CSIR), challenging the novelty of the University's patent.

The U.S. patent office investigated the validity of this patent, and revoked in 1997.

Copyright 2012 AshokTo be novel a criteria of patentability, it should not be published any where in the globe, do we have published documents regarding turmeric?Bajaj Vs. TVSOn July 7, 2005, Bajaj was granted a patent with a priority date of July 16, 2002.

The title of the patent application was An improved Internal Combustion Engine working on four stroke principle.

Features of the invention are:Small displacement engine as reflected by a cylinder bore diameter between 45 mm and 70 mm.Combustion of lean air fuel mixtures;Using a pair of spark plugs to ignite the air fuel mixture at a predetermined instant.

The invention was called DTS-i Technology. In 2003, Bajaj launched Pulsar, a motorcycle which employed the DTS-I Technology.

Copyright 2012 AshokBajaj Vs. TVSIn 2007, TVS announced the launch of a 125 cc motorcycle under the trademark Flame which was to be powered by lean burn internal combustion engine of bore size 54.5 mm with a twin spark plug configuration just like Bajaj.

TVS stated that on September 1 & 3, 2007, Bajaj had issued certain groundless threats to dissuade TVS from launching Flame.

October 2007, TVS filed a suit under section 105 & 106 of the Act in the Madras High Court, alleging that the statements made by Bajaj on September 1 & 3, 2007 constituted groundless threats.

Upon the announcement by TVS, Bajaj filed a suit for permanent injunction under section 108 of the Act in the Madras High Court to restrain TVS from using the internal combustion technology patented by Bajaj.Copyright 2012 AshokBajaj Vs. TVSOrder of the Single Bench of the Madras High CourtThe Madras High Court restrained TVS from launching the proposed 125-cc Flame motorcycle with the twin spark plug engine technology, as Bajaj prima facie enjoyed the right of exclusive usage.

Order of the Division Bench in AppealTVS preferred an appeal before the Division Bench of the Madras High Court.The Division Bench further observed that the operation of the inventionas claimed by the Bajaj appears to be plug centric and that of TVS was valve centric.

Order of the Supreme CourtBajaj preferred an appeal before the Supreme Court.Although TVS shall be entitled to sell its motorcycle Flame, but it shall maintain an accurate record of its entire domestic and international sale and directed the Madras High Court to appoint a receiver in this connection.Copyright 2012 AshokMICROSOFT VS i4i

i4i has patent on custom XML support.

Patent Number: US 5787449

The case:

On March 8, 2007, i4i lodged infringement case on Microsoft by stating Microsoft has used its patented technology XML support in Word 2003, word 2007, windows vista and net framework, with out their consent.

In other sense, "any Microsoft Word products that have the capability of opening .XML, .DOCX or DOCM files (XML files) containing custom XML,"Copyright 2012 AshokMICROSOFT VS i4i The Judgement:

On August 11, 2009, Texas jury has given the following judgment.

Microsoft has willfully infringed the i4i patent(5787449).

Ordered Microsoft to stop selling Microsoft Word unless it removed the infringing technology.

On the part of damages, Microsoft has to pay $200 million to i4i.

Microsoft agreed to remove the feature from all copies of Microsoft Word 2007 that will be sold on or after January 11, 2010. Word 2010 is being designed without the infringing technology.Copyright 2012 AshokWhat happens if not secured?

Source@

Copyright 2012 AshokCopyright 2012 AshokWhat difference would it have made?Is it just worth 30.00 Euro?If a part of that 30.00 Euro returns to the Prof., he will be more motivated to do more research in his interest and in-turn more staffs will aspire to create value and get more monetary benefit.If a part of that 30.00 Euro returns to the institute, the institute will accumulate and fund for new research and developments or give education needy students in-turn institute get values for all its services.If a Prof. hires a student to develop that research papers and getting him paid from that 30.00 Euro, students will be getting motivated to participate and bring more activities.More research will be triggered, more staffs and students will participate, a centre-of-excellence will come-up in future.More students will find themselves getting placed in their dream companies or maybe starting their own industry.Everyone will be getting Values and Monetary Benefit for their time spent in this Institution.Source@

Source@Addenbrookes HospitalCambridge BiotechnologyNorthern Venture ManagersCambridge UniversityPfizerLorantisCambridge Antibody TechnologyDomantisAbbottEli LillyAstexDaniolabsNeurodegeneration ConsortiumGateway FundBioticaBabraham BioincubatorBabraham TechnixBabraham Bioscience Inst Technologies Ltd Wellcome TrustWyethAmgenAstraZenecaCambridge Crytallographic Data CentreGlaxoSmithKlineGilead Sciences(joint venture)(Cambridge University administered)Institute for Medical ResearchChallenge FundFounders came out of Pfizermacrolide templatesVistide out-licenseHepsera out-licensevirtual screening collaboration(Cambridge University)(funding)partnershiparthritis collaboration(funding)licensinglicensingGenzymeantibodies licensevalidation(funding)

Copyright 2012 AshokResearch to PatentSchools / Centers No. of Research ProjectsNo. of Consultancy ProjectsAmount (Rupees in Lakhs)School of Mechanical & Building Sciences1603176.34School of Electrical Sciences 030227.61School of Computing Sciences 03-25.94School of Biotechnology, Chemical & Biomedical Engineering08-80.70School of Science and Humanities 21 -244.35TIFAC-CORE01-4.45Centre of Excellences04-702.00Total56051261.37Funded Projects at VITSource@

Copyright 2012 AshokFunding AgencyNo. of ProjectsAeronautical Research & Development Board (AR&DB)4All India Council for Technical Education (AICTE)3Atomic Energy Regulatory Board (AERB)1Centre for Air Borne Systems (CABS)1Combat Vehicles Research & Development (CVRDE)1Council of Scientific and Industrial Research (CSIR)2Defence Research and Development Laboratory (DRDL)4Defence Research and Development Organization (DRDO)14Department of Science and Technology (DST)18Indian Space Research Organization (ISRO)4Indira Gandhi Centre for Atomic Research (IGCAR)4Institution of Engineers (India)1University Grants Commission (UGC)2Society of Biomedical Technology (SBT)1LSRB1Total61Research Funded Projects : 52[Rs. 528.07 Lakhs]Consultancy : 5[Rs. 31.30 Lakhs]Setting up of Centre of Excellence : 4 [Rs. 702.00 Lakhs]Total : 61Total Rs. 1261.37 LakhsSource@

Copyright 2012 AshokWhere are you?

Copyright 2012 AshokQuestion and AnswersQ&AReach me @Ashok Doppalapudidoppalapudi.ashok@gmail.com+91 9885266569+91 9884066569

Copyright 2012 AshokTHANK YOU

Prof. Sri. M.M.M. SarcarProfessor & HOD&Sri. R. MadhusudanAssociate ProfessorCopyright 2012 Ashok