intellectual property rights (ipr) - pfc.org.inpfc.org.in/fac/may02.pdf · intellectual property...

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A BULLETIN

F R O M

TIFAC

INTELLECTUAL PROPERTYRIGHTS (IPR)

VOL 8 NO. 5 MAY, 2002

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Patenting in Electronics - A TrendFiling of patent applications in India in the area

of electronics has been significant and therefore,PFC has been bringing out an analysis of suchapplications from time to time. The first such studywas published in the IPR Bulletin in December1998 for the period July 1996 to September 1998and the second in April 2000 for the period 1995-1998. The present analysis specifically relates tothe period 1999-2001. The data has been extractedfrom Ekaswa A, the CD-ROM with data on patentapplications filed in the Indian Patent Office. It maybe noted that classification of applications indifferent areas has been done on the basis oftitles of the applications. Therefore, some amount ofoverlapping cannot be ruled out while classifyingthe applications in different areas.

The number of applications filed since 1995 isgiven in Figure 1. The number has gone up from901 in 1995 to 1688 in 1997 and 1037 in 2001.The peak in 1997 is curiously interesting as thiseffect has also been observed in other analyses

applications were convention applications, 1023 werePCT applications and 628 applications were first filedin the Indian Patent Office. The difference betweenconvention and PCT applications is that of priority; inthe former an application in India has to be filed within12 months of initial filing in a member country of theParis Convention and in the latter case the prioritycould be at least 20 months or a maximum of 30months from filing a PCT application. Indians havefiled a total of 30 PCT applications. The total numberof applications filed by Indians in the Indian PatentOffice is 361. Assuming that the PCT applicationshave not been first filed in India (i.e. there is noduplication), the total number of applications filed byIndians would stand at 391.

Broad Areas of ApplicationsMajor areas in which these 2711 applications have

been filed can be seen in Table 1. Maximum numberof applications is in the area of data processing anddatabases (322), followed by computer and computercontrolled systems (259), mobile communications(158), wireless (138) and image processing (107). Thenumbers in Table 1 are not mutually exclusive andthere would be overlap in some areas e.g. someapplications related to wireless may also containapplications related to mobile communication.

It is expected that many applications are likely tohave strong bias towards software, whether thesewould relate to stand alone software or embedded ina product is difficult to say based on the availableinformation. In our assessment such areas would bedata processing, databases, encryption/decryption, e-commerce, internet and computer and computerbased systems. More applications have been filed inthese areas in the last three years as compared toapplications filed in the period 1995-1998.

Filing by Indians / Indian CompaniesIt is heartening to see a distinct increase in filing

by Indians in the last three years. During the four-

related to patent applications. There do not appearto be obvious reasons for the decline since 1997.As a percentage of total number of patentapplications filed in India, there is a considerabledownfall in the applications related to electronics.

A total of 2711 applications were filed in Indiaduring this period through different routes: 1060

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year period, 1995-1998, a total of 403 applicationswere filed by Indians showing an average filing of 100applications per year whereas in the three yearperiod, 1999-2001, the average filing is 130applications per year. About 14.4% of 2711applications are by Indians and the same was 7.4%of 5410 applications during the period 1995-1998. Ayear wise breakup of the applications filed in Indiaduring the three-year period is given in Figure 2.

filing patent applications and some of these are STMicroelectronics, Tata Consultancy Services, BharatElectronics Ltd, Tata Institute of FundamentalResearch, Satyam Computer Services Ltd, DRDO,Harita Infoserve Ltd, NIIT, Silicon AutomationSystems Ltd and Zen Technologies Ltd. STMicroelectronics have filed applications dealing withlogic devices, CMOS buffers and decoders. TataConsultancy seems to have interest in patternbased generation of graphical users interface (whichmay have application in the analysis of genesexpression data as well). The applications of TataInstitute of Fundamental Research deal with variousaspects of spatially and temporally patternedsignals. Satyam Services shows special interest indata logging systems. Silicon Automated Systemhas applications on multicarrier communicationsystems. Tejas Networks India has been focussingon transmission systems involving opticalamplification. Harita Infoserve Ltd has applications in

Table 2Company Applications

FiledST Microelectronics 16

IIT 14

CSIR 10

Centre for Development of Telematics (CDOT) 8

Indian Space Research Organisation (ISRO) 8

Deptt of Electronics 7

Bharat Heavy Electricals Ltd BHEL) 6

Chief Controller of R&D, Ministry of Defence 6

Deptt of Atomic Energy 6

NIIT 6

Bharat Electronics Ltd (BEL) 5

Silicon Automation Systems Ltd 5

Tata Consultancy Services 5

Anand Keshav Soman 4

Harita Infoserve Ltd 4

Kakarla Satyanarayan (individual) 4

Steel Authority of India Limited 4

Tata Institute of Fundamental Research 4

Tejas Networks India Pvt Ltd 4

Texas Instruments India Ltd 4

Indian Institute of Science 3

Satyam Computer Services Ltd 3

Shamvik Glasstech Pvt Ltd 3

Zen Technologies Limited 3

Audiocodes Ltd 2

Audiocodes Ltd 2

Birla Institute of Technology 2

Central Electronics Ltd 2

12IT Private Limited 2

India Online Pvt Ltd 2

Kudrollis Software Inventions 2

Newcom Holdings Pty Ltd 2

Table 1Subject Applications

FiledData processing & database 322Computer and computer controlled systems 259Mobile communication including cellular 158Data transmission & communication 138Wireless 138Image processing 107Optical fibre & optoelectronic inventions 97Display devices 64Antennas 62Information management 61CDMA 59Internet 48Memory cell & memory management 38E-Commerce 28Photovoltaic cell & solar cell 26TV related 24Software 17Amplifiers 16Encryption/Decryption 16Telecommunication networks 16Microwave 11A/D converters 9Integrated circuit 9Laser 9Thin film 9Switched Mode Power Supply (SMPS) 7Chip & chip card 6TDMA 4Voting machine 3

Major Indian players who have filed 2 or moreapplications are listed in Table 2 along with thenumber of applications filed by them. There aresome new players who have become active in

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the filed of RF technologies. C-DOT has filedapplications in many areas such as ATM switches,fiber access system, host digital system andoptical network unit.

Applications filed by Foreigners / ForeignCompanies

Out of a total of 2711 applications, 2320applications were filed by foreigners/foreigncompanies, constituting about 85% of the totalapplications. Based on convention and directapplications it is found that most applications haveemanated from USA. It may be reckoned that it isnot possible to always determine the country of originfrom the PCT filings as reported in the Gazette ofIndia. Table 3 shows the list of countries from where

25 or more applications have emanated.

Among the major players, Lucent Technologiesemerge as the most leading player with 314applications, this company never appeared as amajor player in the earlier periods. Lucent has notbeen doing very well in the market for sometine;the reasons for such large filings in India are notunderstood. Table 4 shows the companies, whichhave filed more than 15 applications during thisperiod. 314 applications were filed by Lucent inmany areas such as digital modulation, wirelesscommunication system and its various aspects,different types of antennas, TDMA and CDMAcellular systems, optical signal transmission,orthogonal frequency division multiplexing,transaction based networks and mobile radiotelecommunication systems.

Samsung Electronics’ 142 applications mainlypertain to data communication systems such asfrequency division multiplexing systems, CDMAcommunication systems, encoding/decoding systems,optical devices, mobile communication systems, dualband antenna, image communication device, turbointerleaving apparatus, interleaving/deinterleavingapparatus and high density optical recordingapparatus. IBM has mainly concentrated on areaslike computation, software processing, data securitysystems, digital electronics, fabrication and memory

Table 4Company Applications

FiledLucent Technologies Inc, USA 314

Samsung Electronics Co Ltd, Korea 142

IBM, USA 138

Koninklijke Philips Electronics NV, Netherlands 125

Matsushita Electric Industrial Co Ltd 98

Sony Corporation, Japan 74

General Electric Company, USA 72

Telefonaktiebolaget, Sweden 57

Siemens Aktiengesellschaft, Germany 52

Qualcomm Inc, USA 47

Intel Corporation, USA 37

Sony Computer Entertainment Inc 37

Thomson Multimedia 33

Thomson Licensing SA 32

LG Electronics Inc, USA 21

Mitsubishi Denki Kabushiki Kaisha 21

Motorola Inc, USA 21

Deutsche Thomson-Brandt Gmbh, Germany 19

Discovision Associates, USA 19

Infineon Technologies Ag 19

Ericcson Inc 16

GE Yokogawa Medical Systems Ltd, Japan 16

Nokia Mobile Phones Ltd 16

devices. IBM’s applications relate to client serversystem, color conversion system, data storagelibraries, translingual visual speech system, systemfor authenticating digital data, dynamic serialization ofmemory access, digital camera with automatic dataupload, disk drive fabrication, conversational computingand browsing and computer software analysissystem.

Koninklijke Philips Electronics N V has applicationsin the area of wireless communication, telephony,telecommunication processes and devices, securitysystems and video/audio data processing methods.Koninklijke’s applications relate to wireless network,signal processing, lenticular device, electronicordering, watermark detection, noise reduction method,closed loop power control system, communicationdevice, low IF receiver, radio communication system,telephone activated web server, memory reclamationmethod, fractional and frequency synthesiser andinformation processing device.

Matsushita Electric Industrial Co Ltd has filedapplications related to antennas, display controldevices, portable cellular phone, mobile wirelessdevice, echo suppression mechanism, virtual machinesystem, oscillator circuit, antenna hold device, dataencryption apparatus, storage based broadcastsystem, automatic gain control method, transmitterand receiver, base station apparatus and LCD displayapparatus.

Table 3

Country Applications Filed

USA 439

Japan 264

Korea 122

EPO 66

Germany 55

France 54

GB 33

USSN 27

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This data then may be hyperlinked within the saiddisplay. The resolution of the cluster may beadjusted. It also relates to computer programs andcomputer code that assigns a grid representation toeach of the temporal expression data; and computerreadable medium that stores the computer codes.The computer program will also consist of code forclustering the grid data.

Gene expression data may be compiled as timecurves of N genes at M time points, each timepoint having an expression level E. Therefore, thedata will be in the form of a two dimensionalarray of values E

ij, where i = 1 to N and j = 1 to

M. The present invention relates to new clusteringalgorithms and software to reduce the number ofcomputations involved in clustering thousands ofgenes and assigning grid representation.

Figure 1 is a flowchart of a preferred embodimentof the systems of the present invention that showsthe processing of the gene expression data by theProcessor 280. It retrieves gene expression data fromthe data store 270 and assigns grid representation tothe data. The processed gene expression data maythen be clustered using the clustering 290 or usingsigma-tau clustering 300 (Fig. 2). The temporal gene

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A Case Study on Analysis of GeneExpression Data

Many disease states and related conditions arecharacterized by difference in the expression levelsof various genes and their expression levels arecompared with a standard template / reference forcoming to certain conclusions. These differencesmay be due to changes in copying of DNA orthrough the changes in levels of transcription ofgenes. It is possible to characterize control of cellcycle and cell development as well as diseases byvariations in the transcription levels of genes. Thepresent invention relates to computer system foranalysis and manipulation of gene expression data.A patent for this invention was granted by theUSPTO on July 17, 2001 which now standsassigned to Scios Inc of USA.

Prior ArtSome systems for identifying the biological

functions of genes based on their temporal patternof expression are known. One such system, knownas clustering analysis, clusters genes according tothe shape similarity of their temporal pattern ofexpression, with clusters related to specificbiological functions. A second approach is reverseengineering which assumes that genes dynamicallyinteract with one another as a genetic network.This approach can potentially decipher the complexcircuitry of the genetic network from the temporalexpression pattern.

With these techniques it is difficult to have avisualization, manipulation and analysis of geneexpression. Such a system would preferably includea graphical user interface for browsing andnavigating through the expression data, allowing auser to selectively view and highlight the genes ofinterest. The system should also provide sort andsearch functions and be useable with a PC. Aclustering algorithm for identifying functionally relatedgenes with different time curves needs to be used.The present invention is a step in that direction.

Present InventionThe system comprises of a means to receive

gene expression data for a plurality of genes; ameans for comparing gene expression data to acommon reference frame; a means for assigning agrid representation to each of said gene expressiondata and a means for presenting said gridpresentation. Clustering may be grid clustering orsigma tau clustering and the presentation wouldinvolve temporal expressions, file designation, geneidentification number, major classification, sub class;gene description, grid representation; and time curve.

expression pattern of some representative genes usingthe system is shown in Fig 3. It shows a detailedcomparison between differential gene expressionpatterns where the user has selected two genes,thereby producing the pop up windows displaying therespective time curves. A screen display is presenteddenoting the changes in levels of gene expressionbetween normal and diseased tissue and denotingwhether a gene is up or down regulated by orientationof triangular symbol. In the said figure only threegenes from each major class are included. Each

Fig. 1

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the middle layer of the window allows one to viewthe time curves of both highlighted and othergenes in the same cluster. If one knows the cloneID of the gene, one can view the same curve andproperty lists by typing the clone ID into thesearch field clone ID. There are many otherfeatures and facilities available in the softwarewhich enable to investigate many different aspects.

Claims

The patent document has 50 claims covering allthe features of the software. Few claims arereproduced here:

1. A system for analyzing gene expression datacomprising means for receiving gene expressiondata for a plurality of genes; means for comparingthe gene expression data from each of saidplurality of genes to a common reference frame;and means for assigning a grid representation toeach of said expression data from said plurality ofgenes, wherein said means for assigningcomprises clustering said genes expression databy an algorithm which requires no pair wisecomparison.

2. A computer program for analyzing gene expressiondata comprising computer code that receives asinput gene expression data for plurality of genes,computer code that compares said geneexpression data from each of said plurality ofgenes to a common reference frame, computercode that assigns a grid representation to each ofsaid expression data from said plurality of genes,wherein said computer code that assigns a gridrepresentation comprises code that clusters gridrepresentations by an algorithm which requires nopair-wise comparison and computer readablemedium that stores said computer codes.

normalized Eij is represented by a triangle. Anidentification number of the clone (clone ID) and thegene bank access number of each gene are listedon the left and the major class names on the right.

One of the important tasks would be to find a

F i g .2

F i g .3

F i g .4

given gene in a cluster and find the cluster of agene. The task is quite stupendous if one has tosearch through hundred of clusters of thousands ofgenes. Figure 4 represents a preferable means toaccomplish the task. It presents a screen displayof a representative graphical user interfacecontaining three layers: a search and sort functionlayer, a layer for displaying the time curve withscrollable panels for interactive gene selection anda layer containing four scrollable panels whichdisplay text properties of genes. Highlighting a rowin either the clone ID or the description panel in

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other goods or services would belikely to be taken as indicating aconnection in the course of tradeor rendering of services betweenthose goods or services and aperson using the mark in relationto the first-mentioned goods orservices.

Associated Trademarksmeans a trade marks deemed tobe, or required to be, registeredas associated trade marks underthis Act.

Certification Trade Markmeans a mark capable ofdistinguishing the goods orservices in connection with whichit is used in the course of tradewhich are certified by theproprietor of the mark in respectof origin, material, mode ofmanufacture of goods orperformance of services, quality,accuracy or other characteristicsfrom goods or services.

Collective Mark means atrademark distinguishing the goodsor services of members of anassociation of persons (not beinga partnership within the meaningof the Indian Partnership Act,1932) which is the proprietor ofthe mark from those of others.

Goods mean anything, whichis the subject of trade ormanufacture.

Limitations (with itsgrammatical variations) meansany limitation of the exclusiveright to the use of a trademarkgiven by the registration of aperson as proprietor thereof,including limitations of that rightas to mode or area of use withinIndia or outside India.

Permitted Use in relation to aregistered trade mark, means theuse of trade mark-(i) by a registered user of the

trade mark in relation togoods or services –

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The Trademarks Act 1999Enactment of the Trademarks

Act 1999 is a big step forwardfrom the Trade and MerchandiseMarks Act 1958 and theTrademark Act 1940 The newlyenacted Act has some featuresnot present in the 1958 Act andthese are:-(i) Registration of service

marks, collective marks andcertification trademarks.

(ii) Increasing the period ofregistration and renewal from7 years to 10 years.

(iii) Allowing filing of singleapplication for registration inmore than one class.

(iv) Enhanced punishment foroffences related totrademarks.

(v) Exhaustive definitions forterms frequently used.

(vi) Simplified procedure forregistration of registeredusers and enlarged scope ofpermitted use.

(vii) Constitution of an AppellateBoard for speedy disposal ofappeals and rectificationapplications which at presentlie before High Court.

Some salient features of theAct are given below:

Some Important DefinitionsTrademark means a mark

capable of being representedgraphically and which is capableof distinguishing the goods orservices of one person from thoseof other and may include shapeof goods, their packaging andcombination of colours.

Well Known Trademark inrelation to any goods or services,means a mark which has becomeso to the substantial segment ofthe public which uses such goodsor receives such services that theuse of such mark in relation to

Litigation WatchnAlternative Dispute Resolution

(ADR) refers to the use ofmethods like arbitration,mediation, negotiation, etc tosolve disputes rather than thetraditional litigation way. Sincethe jurisdiction has been acritical issue in resolution ofonline disputes, many online ADRagencies have sprung up inrecent times providing suchfacilities to parties for quick andefficient dispute resolution. A listof such agencies is as follows :1 Better Business Bureau

Online (www.bbbonline.com) Itprovides for online conciliation,mediation and arbitration.

2 Clicknsettle.com providesonline negotiation service.

3 SquareTrade Online Dispute(ODR) Resolution Services(Squaretrade.com) SquareTrade,a San Francisco based firm,provides direct negotiations,mediation and arbitration.

4 Settleonline.com providesconfidential dispute resolutiononline

5 Eresolution.ca, a Canadabased institution, offers DomainName Dispute Platform. It isan ICANN authorised platformfor solving of domain namedispute.

6 Wecansettle.com, a UKbased online settlement serviceenabling two negotiatingparties to make offers, whichare called ‘bids’.

7 www.onlineresolution.comprovides for online mediation,arbitration, negotiation andexpert evaluation.

(ICA Arbitration Quarterly,Vol 51, No 4 Jan - Mar 2002)nThe US court in its ruling

has quashed patents for Glaxo'stop-selling anti-biotic ‘Augmentin’.This decision has paved the wayfor cheap copies of secondbiggest-selling drug to go on

Contd on...7

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(a) with which he isconnected in the courseof trade; and

(b) in respect of which thetrade mark remainsregistered for the timebeing; and

(c) for which he is registeredas registered user; and

(d) which complies with anyconditions or limitations towhich the registration ofregistered user is subject;or

(ii) by a person other than theregistered proprietor andregistered user in relation togoods or services-(a) with which he is

connected in the courseof trade; and

(b) in respect of which thetrade mark remainsregistered for the timebeing; and

(c) by consent of suchregistered proprietor in awritten agreement; and

(d) which complies with anyconditions or limitations towhich such user issubject and to which theregistration of the trademark is subject;

Service means service of anydescription which is madeavailable to potential users andincludes the provision of servicesin connection with business ofany industrial or commercialmatters such as banking,communication, education,financing, insurance, chit funds,real estate, transport, storage,material treatment, processing,supply of electrical or otherenergy, boarding, lodging,entertainment, amusement,construction, repair, conveying ofnews or information and advertising.

Grounds for AcceptanceA trademark should be

distinctive in character and shouldnot:

(a) Designate the kind, quality,quantity, intended purpose,values, geographical origin orthe time of production ofgoods or rendering of theservice or othercharacteristics of the goodsor service.

(b) Consist exclusively of marksor indications that havebecome customary in thecurrent language or in thebonafide and establishedpractices of the trade.

(c) Deceive the public or causeconfusion.

(d) Hurt the religioussusceptibilities.

(e) Be scandalous or obscene innature.

(f) Be prohibited under theEmblems and Names Act1950

(g) Be identical/similar to anearlier trademark.

(h) Covered under the law ofpassing off and/or law ofcopyright.

Duration of TrademarkThe initial registration of a

trademark shall be for a periodof ten years but may berenewed from time to time foran unlimited period by paymentof the renewal fees.

Appellate BoardAn Intellectual Property

Appellate Board will beconstituted for speedy disposal ofappeals and rectificationapplications which at present liebefore High Court. The Boardshall consist of a Chairman,Vice-Chairman and such numberof other members, as the CentralGovernment may deem fit.

sale in the United States.Ranbaxy, Novartis and Israel’sTeva Pharmaceutical Industrieshad sued to invalidate GlaxoSmithKline patents so that theycould launch generic copies ofthe block buster antibiotic.Augmentin is a key drug forGlaxo with global sales of $2billion.(Financial Express, May 25, 2002)nRanbaxy Laboratories has

been sued by Pfizer Inc foralleged patent infringement. Pfizerhas contended that a genericversion of Pfizer’s block busteranti-fungal drug Diflucan thatRanbaxy has sought theUSFDA’s permission to market,would violate Pfizer’s patent onthe drug. The patent for thisdrug is set to lapse in January2004. Pfizer suit may prove to bebeneficial to Ranbaxy for if thesuit was decided in the latter’sfavour before the patent expired,Ranbaxy would be entitled to sixmonths of market exclusivity forthat particular dosage form of thegeneric in the market.nFor the first time in Brazil,

the Registrar of Domain Nameshas been sentenced to paylosses to the plaintiff. A SaoPaolo civil court judge directedthe cancellation of the domainname, giving the verdict in favourof plaintiff American Online Inc.nPfizer has won a lawsuit in

the Budapest Municipal Courtagainst Hungarian drug makerRichter Gadeon Rt. overmarketing of the generic drugNormodipine. The court hasordered Richter to withdraw itspills from the market and to re-register the drug at the NationalPharmaceutical Instituten A recent decision by the

Canadian Court of Appeal hasstated that subconscious copyingor copying from memory can stillconstitute copyright infringement.

Contd from...6The Trademarks...

Contd from...6Litigation Watch

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Patents for OppositionThe following patent applications have been accepted by the Patent

Office and published in the Gazette of India. These can now be opposedby filing opposition applications within a period of four months from thedates given. Six digit numbers allotted after acceptance by the PatentOffice are given before the applicant names and patent applicationnumbers given in brackets. Names of the branches of the Patent Officeare denoted in the application number, e.g. ‘Bom’ for Bombay branch. Anopposition application should be submitted at the appropriate office wherethe concerned application was originally filed.

PATENT APPLICANTS INVENTIONA. 4 May, 2002187461. Ursula Dorothea Schmidt, A pile forming textile machineAustria (266/Bom/96)187462. Hindustan Lever Ltd, Self heating dentifriceIndia (358/Bom/96)187463. Govind Sadashiv Bapat, India An improved welding machine to save(435/Bom/96) energy187464. Phenoweld Polymer Private A pneumatic actuating device for use withLtd, India (452/Bom/96) a toilet flush valve187465. Eder Maschinenfabrik Gmbh, A filtering device for fluid mediumGermany (457/Bom/96)187466. Sanjay Palsule, India A fibre reinforced anoxic composite and a(468/Bom/96) process for the preparation thereof187467. Mukesh Bhandari, India Modified plasma furnace for refining of(476/Bom/96) liquid metals187468. Bhavnagar University, Gujarat A damping device(494/Bom/96)187469. Yoshiaki Takahashi, Japan Power generating electric motor(526/Bom/96)187470. Hindustan Lever Ltd, India Cosmetic compositions(475/Bom/97)187471. Ergomedcs Inc, USA Apparatus for continuous passive motion of(534/Bom/96) the lumbar region187472. Shilchar Electronics Ltd, India An automatic grease feeder device(535/Bom/96)187473. Hindustan Lever Ltd, India A detergent composition for washing fabrics(550/Bom/96)187474. Filterwerk Mann + Hummel Air filter deviceGmbh, Germany (1145/Mum/00)187475. Filterwerk Mann + Hummel Filter suitable for gaseous and liquidGmbh, Germany (80/Bom/97) materials187476. Filterwerk Mann + Hummel Suction system for a combustion engineGmbh, Germany (122/Bom/97)187477. Finproject SPA, Italy (135/Bom/97) Injection moulding process for soles187478. Peter S Albertsson, USA Golf swing trainer(162/Bom/97)187479. Walchandnagar Industries Ltd, A self driven bi-directional crop orientingIndia (262/Bom/97) three wheeler harvester187480. Robert Kolasinski, India A plastic bee hive box to breed honey bees(305/Bom/97) for collecting honey and other bee products187481. Kirtan Ratnapal Dhami, An improved water purifierMumbai (556/Bom/97)187482. T H E M International Inc, Pallet system including base pallet with rigidUSA (60/Bom/98) subframe187483. Life Research Foundation, A device used in the treatment ofIndia (167/Bom/98) dysfunctional uterine bleeding (menoprhagia

due to a hormonal cause)187484. Tata Research Development A process for the manufacture of soft andAnd Design Centre, India (178/Bom/98) highly friable hydraulic setting cement from

municipal waste incinerator ash187485. Department Of Atomic Energy, An ultrasonic device for measuring residualIndia (248/Bom/98) monomer in a polymer solution particularly

polyacrylamide187486. Bhabha Atomic Research A method of preparing a mechanically strongCentre, Mumbai (456/Bom/98) hydrophilic polyvinyl alcohol hydrogel187487. M/S Alembic Chemical Works A proces of preparing stable azithromycinCompany Ltd, Gujarat (133/Bom/99) oral suspension liquid composition187488. M/S Alembic Chemical Works A process of preparing a stable roxithromycinCompany Ltd, Gujarat (134/Bom/99) oral suspension liquid composition187489. M/S Jb Chemicals & A process for the preparation of 3 ethyl 5Pharmaceuticals Ltd, India (319/Bom/99) methyl 2 [(2 aminoethoxy) methyl] 4, 2

chilorophenyl) 1, 4 dihydro 6-methyl 3, 5pyridine dicarboxylate monobenzenesulphonate Contd on...9

International NewsThe ruling Millennium

Democratic Party (MDP) of Koreais seeking a patent for itselectronic voting system, whichhas been utilised in the ongoingpresidential primary elections.

(Patent World, May 2002)

Copyright industries in Taiwanhave won a commitment from thegovernment to toughen anti-piracymeasures. The Executive Yuan(Cabinet) is going to introduceanti-piracy measures comprising :

• the establishment of a 100-strong police force dedicatedto tackling commercial piracy

• tougher enforcement of theOptical Media Law

• amendments to the copyrightlaw to criminalise copyrightinfringement

• allowing enforcement officials toinvestigate suspected cases ofinfringement(Copyright World, May 2002)

In a major initiative to tackleIP crime in Australia, a jointgovernment and industryenforcement liaison group hasbeen established to facilitateinformation exchange andcooperation in dealing with IPcrime. The group comprisesrepresentatives from industry andfrom various government agenciesincluding Australian FederalPolice, the State Police Forces,the Commonwealth Director ofPublic Prosecutions, theAustralian Customs Service, theAustralian Bureau of CriminalIntelligence and the NationalCrime Authority. The liaison groupis working on strategies to dealwith intellectual property offences.

(Copyright World, May 2002)

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187490. M/S JB Chemicals & A process for the preparation of 3 ethylPharmaceuticals Ltd, India (409/Bom/99) 5 methyl 2-[(2-n-phthalimido) ethoxymethyl

4 (2-chlorophenyl) 1, 4 dihydro 6-methyl 3,5-pyridine dicarboxylate

187491. Yokogawa Electric Corp, Duplex computer systemJapan (212/Cal/90)187492. Ei Dupont De Nemours And A method for preparing arthropodicidalCompany, USA (411/Cal/95) oxadiazines187493. Daewoo Electronics Co Ltd, Method for forming an array of thin filmKorea (246/Cal/96) actuated mirrors187494. Alberto Kopelowics Calle, Improved latex prophylacticArgentina (325/Cal/96)187495. General Electric Comp, Combined cycle with steam cooled gasUSA (354/Cal/96) turbine187496. Starchem Inc, USA (434/Cal/96) A process for producing dimethyl ether187497. Daewoo Electronics Co Ltd, A variable length code decoding apparatusKorea (461/Cal/96)187498. Daewoo Electronics Co Ltd, Apparatus for encoding image signal usingKorea (550/Cal/96) vector quantization technique187499. Matsushita Electric Industrial An apparatus for charging a threeCo Ltd, Japan (825/Cal/96) component mixed refrigerant and a method

for producing a heat apparatus187500. Prof Utpal Ray Chaudhuri, A process for making storage stable edibleIndia (104/Cal/2000) food products from kernels of gorgon nutsB. 11 May 2002187501. Fujitsu General Ltd, Japan Louver for changing the blast direction in(1611/Cal/95) an apparatus such as an air conditioner187502. Werner Amler Ringstr A sewing threadGermany (1670/Cal/95)187503. Thomson Multimedia SA, Liquid crystal display driver with thresholdFrance (302/Cal/96) voltage drift compensation187504. Hoya Corp, Japan A process for producing an intraocular lens(323/Cal/96) of proper folding and unfolding properties187505. General Electric Company, Anti scatter x ray grid device for medicalUSA (342/Cal/96) diagnostic radiography and method for

producing the grid187506. Siemens Aktiengesellschaft, A device for reliable monitoring of aGermany (442/Cal/96) sufficient feed water supply to a continuous

flow steam generator187507. Fried Krupp Ag Hoesch, Ballistic grille for special purpose vehiclesGermany (436/Cal/96)187508. Daewoo Electronics Co Ltd, A variable length code decoding apparatusKorea (462/Cal/96)187509. Daewoo Electronics Co Ltd, Apparatus for encoding a video signalKorea (575/Cal/96) employing a hierarchical image segmentation

technique187510. Kuraray Co Ltd, Japan A method for manufacturing polyvinyl(826/Cal/96) alcohol based fiber187511. Honda Giken Kogyo Kabushiki A motor bicycle comprising a rear gripKaisha, Japan (947/Del/93) device187512. Gec Alsthom, France (1014/Del/93) A metal clad modular power supply device187513. Voest Alpine Industriean- A process for producing molten pig ironlagenbau Gmbh, Austria (1062/Del/93) ormolten steel preproducts and a plant therefor187514. Zeneca Ltd, England A method for the preparation of 2(730/Del/94) hydroxyarylaldehyde187515. CSIR, New Delhi A process for the preparation of an improved(901/Del/94) polystyrene divinyl benzene resin matrix

useful for the preparation of fluorenylmethoxycarbonyl based solid phase peptides

187516. Interdigital Technology Corp, A digital frequency synthesizerUSA (1499/Del/94)187517. CSIR, New Delhi An improved process for the simultaneous(117/Del/98) extraction & separation of camptothecin & 9-

methoxycamptothecin from stem of mappiafoetida

187518. Jurgen Rohmeder, Switzerland A process for the preparation of saffron(128/Del/98) based composition inter alia for use in

saffron spirits187519. FMC Corp, USA (464/Del/00) Process for the preparation of the herbicide

ethyl alpha-2-dichloro-5[4-(difluoromethyl)-4-5-dihydro-3-methyl-5-oxo-1h-1, 2, 4-triazol-1-yl]-4-fluorobenzenepropanoate

187520. Bayer Aktiengesellschaft, Process for the preparation of compounds ofGermany (551/Del/00) formula i187521. Dr Bedros Funduklian Villa An improved process for making soapArmenia, Italy (584/Del/92)187522. CSIR, New Delhi An improved process for the electrode(881/Del/92) position of tin

Contd from...8International News

The copyright collectingsocieties in Australia haverecently adopted a voluntary codeof conduct. The code covers allaspects of the societies’ affairs,including dealings with membersand licensees, the distribution ofremuneration and license fees,expenses, governance,accountability, complaints anddisputes.

According to John J Doll,Director of Biotechnology forUSPTO, since 1980 more than20, 000 patents on genes orother gene-related molecules havebeen granted by USPTO andmore than 25,000 applicationsare outstanding that claim genesor related molecules.

(Scientific American, August 2001)

Jonathan Stamler of DukeUniversity and Howard HughesMedical Institute has receivedmore than 10 patents in the past18 months for his work onnitrogen oxide (NO). A key recentpatent showed that hemoglobin,besides shuttling oxygen totissues and retrieving carbondioxide, also delivers NO. The newresearch demonstrated that theNO linked to hemoglobin allowsblood vessels to expand orcontract, depending on how muchof the molecule is present.Patents received by Stamler andhis colleague (6, 153, 186 and 6,203, 789) provide a method forrestoring NO in red blood cellsthat have been depleted throughdisease or while being stored inblood banks.

(Scientific American, Nov 2001)

10


187523. National Research Development A photoresist chemical and a process for theCorp, New Delhi (753/Del/93) preparation thereof187524. CSIR, New Delhi A straight foil journal bearing for high speed(996/Del/93) rotors187525. Castrol Ltd, England (1176/Del/93) Corrosion inhibiting lubricant composition187526. De La Rue Giori Sa, Apparatus for checking printed matterSwitzerland (1329/Del/93)187527. Honda Giken Kogyo, A shroud for an air cooled type internalJapan (1431/Del/93) combustion engine187528. CSIR, New Delhi An improved process for the preparation of(0120/Del/94) heteroaromatic nitriles187529. CSIR, New Delhi An improved process for the preparation(0211/Del/94) of nitriles from carboxylic acids187530. Piggio Veicoli Europei Spa, A compact two cylinder head for internalItaly (357/Del/94) combustion engine187531. Batts Inc, USA (360/Mas/94) A garment hanger with a size indicator187532. Keericattu Thomas Kuruvilla, An electronic ballast for a fluorescent tubeIndia (425/Mas/94)187533. Ticona Gmbh, Germany A polymer composition consisting of fluoro(514/Mas/94) polymer & oxidised polyarylene sulfide187534. Amir Cohen Of Yuvalim, Regulated flow restrictor deviceIsrael (606/Mas/94)187535. Invention Technologies For extinguishing apparatusPty Ltd, Australia (617/Mas/94)187536. Brian Lee Evans, USA (660/Mas/94)A vehicle truck187537. Keericattu Thomas Kuruvilla, A compact flourescent lamp adopterTamil Nadu (741/Mas/94) containing at electronics ballast with an

incandescent lamp socket187538. Metal Box South Africa Ltd, A pack of cylindrical articlesSouth Africa (755/Mas/94)187539. Foseco International Ltd, A granular mold flux for use in theEngland (765/Mas/94) continuous casting of steel187540. Maschinenfabrik Rieter, A method of producing a wound filamentSwitzerland (898/Mas/94) packageC. 18 May, 2002187541. Vertex Pharmaceuticals Inc, A process for synthesizing novel aminoUSA (1387/Cal/95) acid derivatives with improved multi drug

resistance activity187542. E I Du Pont De Nemours, A process for manufacture ofUSA (582/Cal/96) tetrafluoroethylene187543. Windmoller & Holscher, A doctor blade device for a rinse inkingGermany (799/Cal/96) unit of a rotary printing machine187544. Simplex Concrete Piles (India) A method of making a deformationLtd, India (708/Cal/96) controlled prestressed stabilized granular

foundation for a civil engineering structure inweak compressible soil and a foundationmade thereby

187545. Kawasaki Kasei Chemicals Ltd, A method for producing copperJapan (981/Cal/96) phthalocyanine187546. Mitsuba Corporation, An engine starterJapan (966/Cal/96)187547. Hindustan Lever Ltd, India A method for preparing a granulated tea(1065/Cal/96) based product187548. Kawasaki Steel Corp, Japan A decarburization refining process for molten(1312/Cal/96) ferrous metal containing chromium187549. Premier Irrigation Equipment A coupling device for plastic pipe essentiallyLtd, Kolkata (1935/Cal/96) for high pressure application187550. Westy Ag, Leichtenstein Process for the preparation of a stable(917/Cal/98) aqueous clear injectable pharmaceutical

composition of an anaesthetic compound187551. Robert Henry Abplanalp, A barrier for an aerosol dispenserHewittavenue (579/Mas/94)187552. Kabushiki Kaisha Kobe Seiko, Heat exchanger tube for cooling a coolingJapan (591/Mas/94) object fluid flowing through said tube187553. Bibby Sterilin Ltd, Wash bottlesEngland (1222/Mas/94)187554. Srinivasa Natarajan, India Ball wheel(1236/Mas/94)187555. Institut Francais Du Petrole, Improved process for the preparation ofFrance (1237/Mas/94) isobutyl benzene in the presence of a

supported catalyst187556. DSM NV, Netherlands A process for preparing an alkanone and/or(1242/Mas/94) an alkanol187557. Indian Institute of Technology, A device for measuring elastic creep in aIndia (1248/Mas/94) belt drive187558. Babcock Lentjes Kraft Burner for the combustion of pulverizedWerkstechnik Gmbh, Germany lignite(1251/Mas/94)

Domestic NewsIn a remarkable achievement

Central Food TechnologicalResearch Institute (CFTRI),Mysore has filed one hundredpatents in the year 2001-2002.The patents have been filedin the areas of fruits &vegetables (12), grains (5),convenience foods (3), plantationproducts & spices (9), flourmilling & baking (4),biotechnology (26), equipments/fabrication (9) and processedfoods (32). Also CFTRI has filed66 patents in various countrieslike USA, Canada, Korea,Philippines, Thailand, China, UAE,Nigeria, Sudan, Kenya, Nepal, SriLanka, Kazakistan, Bangladesh,Brazil, Ethiopia, Lebanon, Egypt,Cuba, Indonesia and West Indies.

(CFTRI, News, May 2002)

Complying with the TRIPSobligations, the long pendingPatents Amendments Bill hasbeen passed by both the housesof parliament. The bill provides fora 20-year patent term andreverses the burden of proof forprocess patents.(The Hindustan Times, May 10, 2002)

Pharmaceutical Company, Ind-Swift Ltd has filed two patentsfor its products based on NovelDrug Delivery Systems (NDDS).The patents are for products inthe anti-histamines and anti-infective segments. The companyis conducting further studies onthese molecules.(The Economic Times, May 24, 2002)

The Registrar of SemiconductorIntegrated Circuits Layout Designshall be based in Delhi and hisoffice would become operationalin a few months. The search ison for the Registrar’s post.Registration of layout designagents and a layout Design

Contd on...11

11


187559. Harsh Ltd, Britain (1260/Mas/94) Vehicle discharge system187560. Gambo Material Handling A flexible intermediate bulk containerBv, Netherlands (1264/Mas/94)187561. Qualcomm Inc, USA An apparatus for demodulating signal964/Mas/94 received through a set of survey paths187562. Foster Wheeler Energia Oy, Pressurized circulating fludized bed boilerFinland (966/Mas/94)187563. Foster Wheeler Energia Oy, A combined cycle pressurized fluidized bedFinland (971/Mas/94) power plant187564. Qualcomm Inc, USA A transceiver for use in a communication(977/Mas/94) system187565. Qualcomm Inc, USA A base station transceiver system for(984/Mas/94) interfacing with a mobile unit187566. Energy Inc, USA An apparatus for converting heat from(1013/Mas/94) geothermal liquid and geothermal steam to

electric power187567. Eastland Technology Australia A parenteral device such as a syringePty Ltd, Australia (1014/Mas/94)187568. AK Technical Laboratory Inc, A method of manufacturing a hollowJapan (1016/Mas/94) molded polyethylene product187569. Structural Monitoring Systems An apparatus for monitoring of impendingLtd, Australia (1020/Mas/94) faults in the integrity of a component or

structure in static or dynamic187570. Dover Chemical Ltd, A process for preparing a C14, C40Britain (1032/Mas/94) chlorinated pattern187571. The BOC Group Inc, A process for the recovery of alkene fromUSA (1034/Mas/94) a cracked hydrocarbon stream187572. Andritz Ahlstrom Oy, Finland A filtering apparatus(1048/Mas/94)187573. Qualcomm Inc, USA A transmitter for modulating an information(1056/Mas/94) signal for transmission in a spread spectrum

communication system187574. Nobel Plastiques, France A pipe for conveying high pressure fluid(1063/Mas/94)187575. Rhone Poulenc Chimie, A process for the preparation of aFrance (1065/Mas/94) precipitated silica187576. Indian Institute of Technology, A method of manufacture of a giantIndia (1083/Mas/94) magnetostrictive material187577. Mintek, South Africa A control system for controlling distribution(1093/Mas/94) of a material in a series of interconnected

vessels of a plant187578. Gilbarco Inc, USA Apparatus for reducing hydrocarbon emission(1103/Mas/94) from a fuel storage tank187579. Analogic Corp, USA Apparatus for measuring geometric positional(1105/Mas/94) and kinematic parameters of a rotating device187580. Holland Co, USA A container securement device(1110/Mas/94)D. 25 May, 2002187581. Schneider Electric SA France Electrical protection apparatus(1185/Mas/94)187582. Ascom Audiosys Ag, A hearing aid and a method ofSwitzerland (1193/Mas/94) manufacturing the same187583. Mannesmann Aktiengesellschaft, An electric furnaceGermany (1200/Mas/94)187584. Mannesmann Aktiengesellschaft, A device for continuously casting a metalGermany (1205/Mas/94) strip187585. AT&T Corp, USA A signalling system for broadband(1211/Mas/94) communications networks187586. AT&T Corp, USA A system for delivering a communication(1212/Mas/94) service187587. Kimberly Clark Worldwide Inc, A liquid adsorbing liner materialUSA (1214/Mas/94)187588. Akzo Nobel Nv, Netherlands A process for the preparation of polyesters(1216/Mas/94)187589. Reji Sebastian, Kerala A swing chair(2/Mas/95)187590. Indian Institute of Technology, A process for the preparation of fcc catalystChennai (6/Mas/95) for use in petroleum refining187591. Tonello Snc, A method of making articles of clothingItaly (207/Cal/96) having worn out appearance and a machinefor carrying out the method187592. Horstmann Timers & An electricity meterControls Ltd, Slovenia (429/Cal/96)187593. LG Electronics Inc, Korea Room air conditioner(501/Cal/96)187594. Trutzschler Gmbh, An apparatus on a carding machine forGermany (632/Cal/96) detecting unwanted particles in particular

waste bits neps pieces of husk burls

Appellate Board would completethe basic infrastructure required.(The Economic Times, May 3, 2002)

JB Chemicals &Pharmaceuticals Ltd has receiveda product patent titled,“Pharmaceutical dental formulationfor topical application ofmetronidazole benzoate,chlorhexidine gluconate and localanesthetic“ from USPTO. Theproduct falls under stomatologicaltherapeutic segment and hasunique composition in the field oforal dental treatment.

(Business Standard, May 14, 2002)

Bharat Biotech has obtained apatent in more than 100countries including US fordeveloping a new expressionsystem of mature lysostaphinmolecule. The newly developedmolecule has application in skinand tissue infections and reactsfaster than pro-lysostaphin.Lysostaphin is an enzyme andthe new molecule cloned andexpressed in bacteria has beenfound effective in treatingintoxication and infections. Ithelps in getting out the toxiceffect from a hospitalized patientwho was administered anti-bacterial drugs. Global potentialfor the molecule is pegged at $12 billion.

(Financial Express, May 27, 2002)

Tyco Electronics has beenawarded a US patent for a newlaser beam technology that wouldoptimise connection of optic fibreends. With this technology, thecompany plans to tap a marketworth Rs. 300-350 crore in Indiaalone. The new technology wouldhelp establish better fieldconnectivity.(The Economic Times, May 23, 2002)

Contd from...10Domestic News

12


187595. Aktiebolaget Electrolux, A uv device for purification of a liquid or aSweden (677/Cal/96) gas preferably water187596. Chematall Ges Mbh Gailitz, Friction lining mixture for use in frictionAustria (720/Cal/96) linings187597. Monofrax Inc, USA A process for manufacturing a fused cast(718/Cal/96) refractory product and an apparatus therefor187598. Neste Oy Keilaniemi, Process for preparing alkyl ethers andFinland (2197/Cal/96) mixtures thereof187599. Hoechst Celanese, USA A process for the preparation of 4 arylbut(1448/Cal/98) 3 en 2 ones187600. Torrent Pharmaceuticals Ltd, Process for preparation of betaIndia (612/Cal/2000) phenethylamine derivative187601. David Eric Morris, England A method and apparatus for producing a(1131/Mas/94) fabric having ease or stretch187602. Analogic Corp, USA An apparatus for simultaneously(1139/Mas/94) bidirectionally transferring data between a

first device and a second device mountedfor rotation with respect to the first device

187603. Saudi Basic Industries Corp, A soluble catalyst composition for theGermany (1151/Mas/94) production of linear alpha olefins through

oligomerisation of ethylene187604. Kimberly Clark Worldwide Inc, A quilted film laminate and a process forUSA (1155/Mas/94) forming the same187605. Analogic Corp, USA Apparatus for shielding and grounding x rays(1159/Mas/94) of act scanner187606. Ottai Palani Ekambaram, Free fly wheel power multiplierIndia (1170/Mas/94)187607. Honda Giken Kogyo Kabushiki Mechanism for actuating a device in internalKaisha, Japan (1172/Mas/94) combustion engine187608. Analogic Corp, USA A director control system for a beam of(1173/Mas/94) x ray radiation187609. Analogic Corp, USA A system for medical imaging(1174/Mas/94)187610. Analogic Corp, USA An x ray tomography apparatus(1175/Mas/94)187611. Indian Institute of Technology, A process for the preparation of FCC catalystChennai(7/Mas/95) for use in petroleum refining187612. Devarajulu Sreedharan, A device to protect the vertebral column ofKarnataka (39/Mas/95) human being187613. Asea Brown Boveri Ag, Gate turn off semiconductor componentSwitzerland (52/Mas/95)187614. Zellweger Luwa Ag, Apparatus for measuring the tearing strengthSwitzerland (53/Mas/95) of fibres187615. Ottai Palani Ekambaram & Mechanical type of shock cum vibrationEkambaram Rajasekaran, Vellore absorber(61/Mas/95)187616. Qualcomm Inc, USA An apparatus for limiting transmit power of a(96/Mas/95) radio operating in a cellular environment187617. Qualcomm Inc, USA An automatic gain control apparatus(101/Mas/95)187618. Meto International Gmbh A hand held labelling or printing deviceErsheimer Strasse, Germany (103/Mas/95)187619. Tetra Laval Holdings &Finance SA, Switzerland (108/Mas/95) packed pumbable liquid food187620. BASF Aktiengesellschaft, A process for preparing a mixture ofGermany (150/Mas/96) chlorinated violanthrone and isoviolanthrone

Please send us questions and topics youwould like to see in the coming issues

Published by: Patent Facilitating Centre (PFC)Technology Information, Forecasting and Assessment Council (TIFAC)Department of Science and Technology (DST),Technology Bhavan, New Mehrauli Road, New Delhi - 110 016Tel.: 6859581, 6863877, 6967458, 6567373 Fax: 6863866e-mail: [email protected] website: www.indianpatents.org.in andwww.tifac.org.inAdviser: Y.S. Rajan, Executive Director, TIFACEditor: R. Saha, DirectorPrinted by Reliant Press Pvt. Ltd., New Delhi-110 020Telefax: 638 4567, 638 9593 e-mail : [email protected]

NEXT ISSUE

• Case Study

• Patenting in Herbs

• Patents for Opposition

PFC on the move...PFC organised four patent/IPR

awareness workshops in themonth of May, 2002. First oneat Regional Engineering College,Silchar on May 10, 2002. About100 engineers, scientists andtechnologists attended theworkshop. The second workshopwas organised at Almora on May17, 2002 and was attended byabout 50 scientists.

PFC continues to work withthe Ministry of SSI in organisingIPR awareness workshops. PFCsupported partly the workshopsheld at Kolkata andBhubaneshwar on May 22 andMay 24, 2002 respectively.About 250 representatives fromsmall-scale industries andscientists attended theseworkshops.

One patent application wasfiled in India.

Workshop held at Silchar on May 10,

intellectual property rights (ipr) - pfc.org.inpfc.org.in/fac/may02.pdf · intellectual property...

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