ISSUE (Volume)

21 (2)
MONTH

Fe br u ar y
YEAR

A monthly Newsletter on issues relating to Intellectual Property Rights

Origiin Newsletter

2 01 3

In this issue
Know the power of the State-of-the-Art .P.1 IP News Bulletin .................. P.2 News from Indian Patent Office. P.3 Interesting patent of the month..P.4 Class room training Indian Patent Agent Examination 2013 .............P.5

Know the power of the State-of-the-Art

Websites
www.origiin.com www.origiinipa.com
Bindu Sharma

by means of product surveys, competitors

Blogs
http://origiinipae.blogspot.com http://inventorshub.blogspot.com

products or otherwise, the products available in market are often watched carefully but the wealth of technical information lying in the form of patents is largely ignored. It is important to note that few of the patented technologies actually come in the market, meaning that, there is huge amount of information, in the form of patents, which is not seen in the market. However, assessment of this wealth may help in various ways, such as: 1. It helps you to assess quality of your product and may be after knowing state of the art, you can further fine tune your product or add more value to it. 2. State-of-the-Art may reveal many interesting ways of performing an invention, which you would have never thought about and this actually can add lots of value to existing product/process. 3. Assessment of patentability of the invention compared to state of the art becomes clear and easy. 4. The best thing about the information

n this

technological

Editors

Anita Kalia Athira A

progressive era, huge amount of data gets generated and added in the prior art every day. Where on one hand keeping pace with technical progress in present times is a challenge and on the other hand, innovation has to happen to ensure sustainable growth. Till the time, you foresee the innovation in a

Contact us

given area of technology, it is impossible to create significantly creative and valuable products. Another issue in technologies such as electronics or software is that innovation cycle

#51, MCHS, 15th Main, Sector 4, HSR layout Bangalore [INDIA] Phone: +9198456 93459 +9198802 13204 Email: info@origiin.com

is too short, meaning that in no time after you market or commercialise the product, you may see next versions of the product floating around. Considering high cost of R&D and resources, output often is not that meaningful and sustainable. In most of the companies, before designing R&D in a given area of technology, one important parameter is often missed out, i.e. assessment of state of the art. Even though

available in the form of a patent is the All rights reserved (C) Origiin IP Solutions 2013

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best mode of performing invention, known to the inventor. In most of the countries, patent law expects inventor to disclose the best mode of working the invention which means that from patent documents you actually get complete technical working of the invention, most of the times with illustrations, drawing and examples.

IP NEWS BULLETIN
Patent unit for SMEs in Gujarat
Gujarat Chief Minister Narendra Modi wants a dedicated unit in the state industries department to be formed for catering to patent-related needs of small and medium enterprises (SMEs).

Even though by means of product surveys, competitors products or otherwise, the products available in market are often watched carefully but the wealth of technical information lying in the form of patents is largely ignored.
5. Based upon State-of-the-Art, if you feel that your invention is significantly better than existing patents, you might consider filing for a patent yourself.

Emphasising the importance of smaller industries and entrepreneurs in achieving high industrial growth, he asked SMEs to shed "defensive approach" and start aggressive branding and marketing with a focus on capturing the share of global market. It is really encouraging to know that growth of the SME sector nationally is 19% whereas in Gujarat SME sector is growing at 85%. This is the sector which has helped the state to generate maximum employment and having assistance in the area of patents, SME sector would certainly see more growth.

6. Infringement of patent happens when one makes, sells, offers to sale, import patented product or a product made from a patented process without permission of a patent holder. As a result of state-of-the-art search, you might come across a few patents or patent application (not been granted), that are very close to your invention. In such a case, it is worth looking at such patents in details and check for their validity (whether they are legally enforceable) or to see if they have been filed or granted in the country (ies), where you intend to market your product. If there are any such patents, you need to be careful as there are chances that you might be infringing such patents.

Drug pricing & compulsory licence

Indian government's move to issue compulsory licences (CLs) for three more patented cancer drugs is a jolt to multinational pharmaceutical companies. The plan is to issue CLs for Trastuzumab (or Herceptin, used for treating breast cancer), Ixabepilone (used for chemotherapy in breast cancer treatment) and Dasatinib (or Sprycel, for leukaemia). These cost an average of $3,000-4,500 (Rs 1.64-2.45 lakh) for a month's treatment. When a patent is granted to the patentee, he must

7. State of art data can take various forms and interpretation of such data into various graphs can provide you valuable information in terms of key players, active areas of technology, patent filing, publication and grant trends, favorable

commercialize the invention so that invention is available to the public at reasonable cost and the reasonable requirements of public are met. However, if he doesnt commercialize the invention for 3 years, any person interested can request the Controller to grant him a compulsory license in order to manufacture and commercialize the patented invention so that reasonable requirements of the public are met and the product

jurisdictions, international classification etc. This data may play a vital role in formulating patent strategies for the organization.

State-of-the-art is a wealth of knowledge, infact a powerful tool that is important not only to prepare a strong base to formulate your R&D strategies but also assists in multiple ways. It is worth investing time to unfold state-of-art to create innovative, commercially viable and meaningful products to obtain competitive edge in market.

is available to the public at reasonable cost. The application for compulsory license under Section-84 can be filed only after expiry of 3 years from the date of grant of the patent. With grant of compulsory license, domestic companies can manufacture and market generic versions, paying a reasonable royalty to the patent holder company.

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Prime aim of the compulsory license is to ensure that balance between public health and patent rights is well maintained and due to the fact that there is a patent on a particular drug, public at large cannot be deprived of the drug at affordable cost.

NEWS FROM INDIAN PATENT OFFICE

Date for Indian Patent Agent Examination
Finally the date of Indian Patent Agent Examination has been announced. It will be held on 4th and 5th May 2013 at Kolkata,

Amulya 2012 awards presented to innovators

Chennai, Mumbai, Delhi and Nagpur. Paper 1 [Patent Act and Rules]: 4th May, 10.30 AM. to 1.30 PM Paper 2 [Drafting and Interpretation of patent specifications and other documents]: 4th May 2013, 2.30 P.M.-5.30 PM Viva voce: 5th May 2013 (10 A.M. onwards)

Electronic version of Acts

The Controller General of Patents, Designs and Trade Marks releases eVersion of the Patents Act, 1970 and Patents Rules, 2003 in html and pdf version incorporating all amendments till date on 30th January 2013. Kiran Mazumdar Shaw, Chairman and Managing Director Biocon with MN Vidyashankar, Principal Secretary Industries and Commerce, HP Kicha, Chairman Karnataka state

Recordal of post registration changes in the trademarks

The CGPDTM initiates a special drive for disposal of applications/requests for recordal of post registration changes in the trademarks including their assignments. In case of a request involving many trademarks having different jurisdiction, the request shall be disposed off by the office having jurisdiction with

innovation council, MKSridhar, Executive Director of the Karnataka Knowledge Commission presented Amulya 2012 awards at Bharatiya Vidhya Bhavan, organized by Karnataka State Innovation Council, in Bangalore on Saturday 2nd February 2013. Amulya 2012 is an encouragement program jointly initiated by Department of Industries and Commerce, Government of Karnataka and Karnataka State Innovation Council (KSInC) supported by Karnataka Jnana Aayoga (Karnataka Knowledge Commission) to give away awards and incentives for patent applications granted/filed by Individuals, researchers,

respect to the first trademark mentioned in the application.

National Intellectual Property Awards 2013

CGPDTM invites applications for the National Intellectual Property Awards 2013. The objective of conferring the National Intellectual Property (IP) Awards is to recognize and reward creators/innovators of IP who have contributed to harnessing the countrys intellectual capital and creating an eco-system that boosts creativity and innovation. The awards will be presented to the awardees at an event in Delhi, organized by the Intellectual Property Office (IPO) in collaboration with the Confederation of Indian Industry (CII). For further details kindly read: http://www.ipindia.nic.in/iponew/application_Form_21January201 3.pdf

Institutions, Research & Development (R&D) centers and Micro, Small and Medium Enterprises (MSME) to protect their innovations. The main objective of this program is to create awareness about patents, to communicate the advantages of patenting and to encourage a patent filing culture in the State of Karnataka and is held every year. Origiin team congratulates all the awardees for their innovative invention and valuable contribution to the society.

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INTERESTING PATENT OF THE MONTH

Title of the invention: Sock and shoe Inventor: Julius W. Burrell
Patent number: 3938264 Filing date: Jan 15, 1975 Issue date: Feb 17, 1976

A sock for wearing on the feet which is restrained from creeping between the toes, when worn in the shoe of the invention. The forward external toe section of the sock is fitted with a Velcro patch of a size to engage a Velcro patch fastened inside the forward toe section of the shoe. When the sock and shoe are worn together, the Velcro sections attach to each other maintaining the toe section of the sock in the forward section of the shoe and restraining the forward section of the sock from creeping between the toes of the wearer.

Class room training Indian Patent Agent Examination 2013

Indian Patent Office announced the dates for Indian Patent Agent Examination 2013. It will be held on 4th and 5th May 2013 at Kolkata, Chennai Mumbai, Delhi and Nagpur. I. Paper 1 [Patent Act and Rules]: 4th May, 10.30 AM to 1.30 PM II. Paper 2 [Drafting and Interpretation of patent specifications and other documents]: 4th May 2013, 2.30 PM to 5.30 PM III. Viva voce: 5th May 2013 Eligibility: Candidate shall be a citizen of India; completed the age of 21 years; and has 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.

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8 Schedule for training by Origiin IP Academy

Day Day 1 9th March 2013 [Saturday] Day 2 th 16 March 2013 [Saturday] Day 3 23th March 2013 [Saturday] Day 4 30th March 2013 [Saturday] Day 5 12th April 2013 [Friday] Day 6 13th April 2013 [Saturday] Day 7 th 14 April 2013 [Sunday]

Topic (10.00 AM to 12.30 AM) Introduction to IPR Chapter-1 Chapter 5, 6 & 7, Indian Patents Act, 1970 Chapter 8 to 12, Indian Patents Act, 1970 Chapter 17-20, Indian Patents Act, 1970

Topic (1.30 PM to 4.00 PM) Chapter 2, 3, 4 Indian Patents Act, 1970 Patent license agreements and PCT procedures Chapter 13-16, Indian Patents Act, 1970 Chapter 21-23, Indian Patents Act, 1970

Patent drafting as per IPO prescription

Discussion and solution on previous years question papers

Discussion and solution on previous years question papers. Tips for viva and discussion with successful candidates from previous batches

Study material: The material has 3 modules: a. First Module: Interpretation of each and every section/rule and explanation with illustration, case-study and examples. b. Second Module: Important conventions, PCT, Patent drafting, License agreement and tips for viva. c. Third Module: Solution of all previous year question papers from year 2004 to 2011. Cost: The entire course costs only 22,000 INR (including complete set of study material, assignments, Dictionary on Indian Patent Law, Mock tests, and sample practice papers). Number of seats: 12 Registration: To enrol for the training, kindly mail to origiin.training@gmail.com, info@origiin.com or visit www.origiinipa.com to download the registration form. Your study material will be immediately dispatched upon receiving the payment and registration form.

Web based classes available for out station candidates.

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