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SEMINAR ON

EMERGING IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS PROTECTION IN INDIA - GLOBAL PERSPECTIVE

PATENTS AT GLOBAL LEVEL &

IMPORTANCE OF PATENT TRACKING - INDIAN CONTEXT

By

PADMIN BUCHB.Pharm; MBA; CMC

Chief ConsultantGITCO, Ahmedabad

November 26, 2006

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GITCO BACKGROUND

Multi-disciplinary Technical Consultancy Organization

Strong base in Drugs and Pharmaceutical Sector:

World Bank Study on Drugs Laws Review

GITCO Patent Cell set-up with the help of

Government of Gujarat

Conducted number of Patent Awareness and

Technical Symposiums

Filed several Patents so far

Patent Cell has an informal Tie-up with Mark

Patent.ORG

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GlobalisationGlobalisation

“Integration of economies and societies through cross country flows of information, ideas, technologies, goods, services, capital, finance and people”

Dr. C. Rangarajan

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WORLD INTELLECTUAL PROPERTYWORLD INTELLECTUAL PROPERTYORGANISATION (WIPO) REPORT ORGANISATION (WIPO) REPORT (OCT. 2006)(OCT. 2006)

Increased use of IP Increased use of IP systems by systems by companies at companies at international levelinternational level

Total of 5.4 million Total of 5.4 million patents in force world-patents in force world-wide (2004)wide (2004)

Increase in the use of Increase in the use of WIPO’s PCT systemWIPO’s PCT system

Market Patent Trends-2004

0 50000 100000 150000 200000 250000 300000 350000 400000 450000

Others

India

Brazil

United Kingdom

Russian Fedeartion

Austraila

Canada

Germany

European P atent office

China

Korea Rep

USA

J aipan

Pate

nt o

ffice

s

Number of fillings

Resident

Non Resident

Market Patent Trends-2004

0 50000 100000 150000 200000 250000 300000 350000 400000 450000

Others

India

Brazil

United Kingdom

Russian Fedeartion

Austraila

Canada

Germany

European P atent office

China

Korea Rep

USA

J aipan

Pate

nt o

ffice

s

Number of fillings

Resident

Non Resident

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WIPO Report Contd….WIPO Report Contd….

Large increase in foreign patent Large increase in foreign patent filings in countries such as filings in countries such as Brazil, China, India, Korea and Brazil, China, India, Korea and MexicoMexico

Boom in Patent Filing in North Boom in Patent Filing in North East AsiaEast Asia

China and Republic of Korea China and Republic of Korea leadlead

Reflects Reflects internationalization of internationalization of Patent system Patent system in Sync with in Sync with World EconomyWorld Economy

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WIPO Report Contd….WIPO Report Contd….

At the same time, Patents still remain At the same time, Patents still remain concentratedconcentrated

Five Patents Offices (USA, Japan, Five Patents Offices (USA, Japan, Korea, China and EU) account for :Korea, China and EU) account for :– 75% of Patents filed world-wide75% of Patents filed world-wide– 74% of Patents granted world-wide74% of Patents granted world-wide

Information on patents in force is not Information on patents in force is not easily available for several Patent easily available for several Patent officesoffices

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Number of Patent Applications Received Number of Patent Applications Received (India)(India)

Year No.of Applications Received

2000-01 : 5,0002004-05 : 17,4462005-06 : 23,000Source: Economic Times May 2, 2006

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INDIA IMPLEMENTS PRODUCT PATENTINDIA IMPLEMENTS PRODUCT PATENT

Directly affects industries of Drugs and Pharmaceuticals, Agro Chemicals and Textiles.

Also affects all Technology and Knowledge based Industries

Industries, particularly, small and medium scale sector worried and confused.

Certain myths and misconception prevail

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IPR : SOME MYTH AND IPR : SOME MYTH AND MISCONCEPTIONSMISCONCEPTIONS

““We are not into Research : IPRs not important We are not into Research : IPRs not important to us”to us”

““We are into well set/routine production We are into well set/routine production process. Why IPR for us!”process. Why IPR for us!”

““We came across a good Technology on visit We came across a good Technology on visit overseas. As it is patented we can not use it”overseas. As it is patented we can not use it”

““We were developing a very good Herbal We were developing a very good Herbal Product. We are told somebody overseas has Product. We are told somebody overseas has obtained “obtained “world Patentworld Patent” for it !!”” for it !!”

““Without resources IPR can not help us in Without resources IPR can not help us in innovations, increase business profits, etc.”innovations, increase business profits, etc.”

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MAKING USE OF IPR SYSTEMMAKING USE OF IPR SYSTEM

India has strong base of business India has strong base of business infrastructure and enterprise in Small Scale infrastructure and enterprise in Small Scale SectorSector

It lags behind in research and developmentIt lags behind in research and development Requires tying up of Technology available Requires tying up of Technology available

with ready business infrastructurewith ready business infrastructure Techno-legal information : an essential an essential

strategic toolstrategic tool Information pertaining to Patents becomes Information pertaining to Patents becomes

one of the key sourcesone of the key sources

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PATENT INFORMATIONPATENT INFORMATION

It is technical and legal information

given in Patent documents.

Significant proportion of technical

information provided in patent

application is normally not

available except patent office

database.

Makes Patent information the

single most comprehensive source

for classified technological data

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RELEVANCE OF PATENT RELEVANCE OF PATENT INFORMATION TO INDUSTRIES/SMEsINFORMATION TO INDUSTRIES/SMEs

Patents are unique source of technical information

Most innovations are disclosed to the public for the first time when Patent is published

So it provides information about latest technology before the new product enters the market.

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ADVANTAGES OF PATENT ADVANTAGES OF PATENT INFORMATION (PI)INFORMATION (PI)

Avoiding duplication of research efforts

Identify alternate technologies

Get ideas for further innovations

Avoid possible infringement problems / Patent litigations

Locate potential business partners/competitors

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NEED FOR PATENT TRACKING NEED FOR PATENT TRACKING FACILITYFACILITY

Industries generally ignorant about importance of Patent information

SMEs always not capable of search and identifying relevant information

Patent tracking facility Centre would provide these useful and latest information regarding Patent

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INTERNATIONAL PATENT INTERNATIONAL PATENT

CLASSIFICATION (IPC)CLASSIFICATION (IPC) International Patent Classification provides a

common classification for patents IPC is a hierarchical system in which the whole

area of technology is divided into a range of sections, classes, subclasses and groups.

This system is indispensable for the retrieval of patent documents.

The Classification is periodically revised in order to improve the system and to take account of technical development.

The current, eighth, edition of the IPC entered into force on January 1, 2006.

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METHODOLOGYMETHODOLOGY

International Patent Classification (IPC) by WIPO : Latest Version : 8th Edition

Classification : Section A to H Covers all industry groups Preliminary search, quick search and

advance search Online Database of various Patent Offices Also paid Database (Online/Compiled) Abstract of Patents published/granted

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SOME INDICATIVE PATENT SOME INDICATIVE PATENT INFORMATION SOURCESINFORMATION SOURCES

Web-based Database of Indian Patent Offices (Government of India)

National Informatic Center (NIC) European Patent Office US Patent and Trademark Office Canadian Patent Office Department of IP, Thailand World Intellectual Property

Organisation (WIPO) : PCT DatabaseChina (SIPO), Japan and Korea

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ILLUSTRATIVE LISTILLUSTRATIVE LIST

SPECIALISED DATABASESPECIALISED DATABASE(Paid/Subscription based)(Paid/Subscription based)

DELPHION Dialogue STN (STN Easy, Sci-finder) Questal Orbit, etc. ESPACE Global Pat (Coverage of US,

EP & WO patent data from 1971 to 2003)

ESPACE Access (Bibliographic data & abstracts of EP & PCT applications since 1978)

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SCOPE OF WORK AND METHODOLOGYSCOPE OF WORK AND METHODOLOGY

A Patent Tracking Facility Center (PTFC) may be set up (e.g. at GITCO)

Experts to be inducted & associatedThe Center would have necessary

expertise, facilities, infrastructure and linkages to track the Patent related data on-line

The Centre would cover more than one industry and relevant product groups

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DeliverablesOn going Tracking of Patent

InformationPatent Information News

LetterOn-line Patent tracking

facilityPrior Art/Family SearchCreation of database IPR Compliance (NIPER

Model)Technology Tie-up

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“There is an urgent need to eradicate Patent illiteracy . Else it would corrode our national technological-industrial edifice itself.”

Dr. AD DamodaranFormer Director, RRL (CSIR)

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“If you think you are going to be successful running your business in the next ten years the way you did in the last 10 years, you are out of your mind”

“To succeed, you have to disturb the present”

Robert Goizueta CEO,CocaCola

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THANK YOUTHANK YOU Padmin Buch . . .Padmin Buch . . .

GITCO LimitedGITCO LimitedGITCO HOUSEGITCO HOUSEOpp: Sardar Patel StadiumOpp: Sardar Patel StadiumNavrangpuraNavrangpuraAhmedabad-380009Ahmedabad-380009Ph. No. (079) 26565333; 26569617; 26564618Ph. No. (079) 26565333; 26569617; 26564618Fax : 079-26565279Fax : 079-26565279E-mail : gitcoltd@eth.NetE-mail : gitcoltd@eth.Net