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this issue
stematic documentation of invention....P.1
News Bulletin .............................P.3
ews from Indian Patent Office................P.3
onthly IPO Statistics ..P.4
teresting patent of the month.... .........P.5
ee Webinar.. ........................... P.6
rtificate course on Invalidation search..P.7
A monthly
Newsletter
on issues
relating to
Intellectual
Property
Rights
S U E ( V o l u m e )
MONTH
une
YEAR
2013
5 (3) Origiin Newsletter
Systematic documentation of inventionGot a new idea?
Planning for a patent?
What is the first step?
Once you made up your mind to file for
a patent and the first meeting with
attorney/agent is fixed, it is extremely
important for you document the
invention systematically. What all shall
be documented and how much details
are enough, has to be made clear before
you proceed further with drafting
specification.
Though one feels lazy writing the
disclosure of the invention, honestly
speaking, there is no substitute to
documentation. Sooner or later, you
have to document the invention sothat
interaction with your agent is
comfortable and you waste less time in
clarification/redoing work. It is always
advisable to execute Non-Disclosure
Agreement with the attorney to whom
you will be disclosing the invention.
Contact us
#35, First Floor
First Main, Vysya Bank Colony
BTM 2nd Stage
Bangalore-560076
Email: [email protected]
hats new in this issue?
onthly statistics from Indian
tent Office May 2013
ee Webinar
ebsites
ww.origiin.com
ww.origiinipa.com
ogsp://origiinipae.blogspot.com
p://inventorshub.blogspot.com
What is to be claimed?
Patent is a techno-legal document and you
get protection over the items you claim in
the specification. Hence, identification of
novel elements, which may relate to a
product or process or utility, shall be done
at first level itself. Once you are clear about
what to claim, the detailed description of
the invention in patent specification
revolves around such novel elements and
helps you to fine tune the invention as well
as highlight novelty of the invention. The
best way to separate out novelty of the
invention is to perform a thorough global
patent search and then remove the
elements that are in public domain.
In the cases, where a patent application
results from a research work, often inventor
loves to include most of the experiments
that are part of his/her research, which
results in redundant and repeated data
resulting in increased number of pages as
well as extra fee. The data to be included in
Origiin completes two
successful years and 24
volumes of the Newsletter.We thank all readers for
their valuable suggestions/
feedback/appreciation/
encouragement and
continuous support to
enable us move on.
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a patent application shall only restrict to supporting
novel elements of the invention and shall be explained to
the level that a person skilled in the art understands it.
Existing technical problem
In order to be patentable, your invention shall have an
inventive step. One of the ways to assess inventive step
is identification of the technical problem and the solution
you provide.
Though one feels lazy writing the
disclosure of the invention, honestly
speaking, there is no substitute to
documentation. Sooner or later, you have
to document the invention.
The Indian Patents (Amendment) Act 2005 in Section
2(1)(j) and 2(1)(ja) respectively states invention means a
new product or process involving an inventive step and
capable of industrial application and inventive step
means a feature of an invention that involves technical
advance as compared to the existing knowledge or
having economic significance or both and that makes the
invention not obvious to a person skilled in the art.
Hence, you shall always be clear about the prior art or
existing knowledge or evolution of technology in order to
know technical problem precisely and such technical
problem shall be explained properly while documenting
the invention. For easy reference, it is critical to
document bibliographic details of the patent/non-patent
documents known to you or even the work done by
other inventors. Clear mention of existence of the
technical problem makes it easy to establish the need to
have a solution for the existing problem.
Best mode
As you know that best mode disclosure in the
specification is an essential part of a patent application,
specifically a complete application that starts with
preamble, The following specification particularly
describes the invention and the manner in which it is to
be performed. This clearly indicates that disclosure has
to state the best mode of working the invention and at
the same time, the disclosure has to be complete,
without any gaps in the process.
Section 10 (4) of Patents Act, 1970, clearly states that
every specification, whether provisional or complete,
shall describe the invention and shall begin with a title
sufficiently indicating the subject- matter to which the
invention relates to. Every complete specification shallfully and particularly describe the invention and its
operation or use and the method by which it is to be
performed; disclose the best method of performing the
invention which is known to the applicant and for which
he is entitled to claim protection; and end with a claim or
claims defining the scope of the inventions for which
protection is claimed.
The disclosure of the invention shall be sufficient enough
that a person skilled in the art shall be able to achieve the
results without further experimentation. Incomplete
documentation of the invention by inventor resulting in
incomplete disclosure of the same in patent specification
may be one of the grounds for patent revocation or
invalidation. Hence it is important to disclose complete
process that is executable.
Specifications often consist of background, description,
claims, abstracts and drawings etc. Step wise
documentation of the invention assists your agent to
draft specification in a better manner. You may always
prepare flow charts or drawings for easy understanding
even though the drawings submitted by you often would
undergo complete re-doing of the work to match
standards of the respective patent office.
2
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2. The United States of America remains the leading country
of origin for PCT applications
3. Electronic machinery overtakes digital communications
as the technological field with the largest number of PCT
applications.
4. PCT national phase entries reach the halfmillion Mark
5. With 51,677 filings, the United States Patent and
Trademark Office (USPTO) received the most PCT
applications in 2012, followed by the Japan Patent Office
(JPO) and the European Patent Office (EPO), with 42,787
and 32,593 PCT applications, respectively. [Source: WIPO
Statistics Database, March 2013]
Complete report may be viewed at:
http://www.wipo.int/export/sites/www/freepublicatio
ns/en/patents/901/wipo_pub_901_2013.pdf
IMPORTANT NEWS FROM INDIAN PATENT
OFFICEThe office of CGPDTM has received a request from Japan
Institute of invention and innovation (JIII) through Ministry
of Industry, Department of Industrial Policy and promotion
seeking nomination of suitable candidates for the following
two programs being organised by the Association for
overseas Technical Scholarship (AOTS):
1. JPO/IPR training course for patent experts (September
17-October 4th 2013), last date for filing application is 17th
May 2013.
2. JPO/IPR training course for IP Protection lawyers
(October 7 to October 25, 2013) , last date for filing
application is 7th June 2013.
The candidates working at Japanese enterprises are eligible
for this program. Further details can be viewed at:
http://www.ipindia.nic.in/iponew/Circular_JPO_IPR_01May
2013.pdf
Conclusion
Documentation/Disclosure of the invention is integral
part of the process of patenting. There is no substitute to
it. The quality of the patent specification primarily
depends upon the precise and clear information you
provide to your patent agent. Even though it takes one or
two days extra, it makes lots of sense to spend some time
and write the invention description patiently.
Vermont Comes After the Trolls
Vermont, a state that is supposed to be among the top
generators of patents per capita, passes new law to
protect businesses from bad-faith claims of patent
infringement. Under the law, purported patent trolls can
be sued by businesses that say they've been victimized,
their customers or the state attorney general. Vermont's
attorney general sued patent troll MPHJ Technology
Investments LLC on the same day the anti-troll legislation
was to be signed into law.
Patent troll is a pejorative term used for a person or
company that enforces its patents against one or more
alleged infringers in a manner considered unduly
aggressive or opportunistic, often with no intention to
manufacture or market the product.
PCT Annual review available
PCT annual review for the year 2013 is now available and
some of the important highlights are as below:
1. About 194,400 PCT applications were filed in 2012,
representing an increase of 6.6% on 2011. This was the
third consecutive year of positive growth since the
decrease in 2009. The 2012 growth rate was slower than
that observed in 2011 (+11%).
IP NEWS BULLETIN
3
http://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdfhttp://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdfhttp://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdfhttp://money.cnn.com/gallery/smallbusiness/2012/10/24/states-patent-invention/index.html?iid=ELhttp://money.cnn.com/gallery/smallbusiness/2012/10/24/states-patent-invention/index.html?iid=ELhttp://money.cnn.com/gallery/smallbusiness/2012/10/24/states-patent-invention/index.html?iid=ELhttp://money.cnn.com/gallery/smallbusiness/2012/10/24/states-patent-invention/index.html?iid=ELhttp://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdfhttp://www.wipo.int/export/sites/www/freepublications/en/patents/901/wipo_pub_901_2013.pdf -
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4
MONTHLY STATISTICS FROM INDIAN PATENT OFFICE: MAY 2013
Top 10 Patent Grantees in May 2013
In the month of May 2013, nearly 196 Patent have been granted by Patent office, our of which Qualcomm
Incorporated and Samsung India Software Operations Private Limited get maximum number of patents, followed
by Hindustan Lever Limited, CSIR, Intel Corporation, Research in Motion Limited, Basell Polyolefine GmbH, CIBA
Holding Inc etc.
Branch wise distribution of granted patents
Comparison of granted patents among IPO branches indicates that maximum number of patents have been
granted by Chennai branch, followed by Delhi, Kolkotta and Mumbai. However, number of PCT national phase
applications is quite high compared to non-PCT national phase applications in each branch office.
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IPC distribution of granted patents
Segregation of patent granted in the month of May 2013 on the basis of basic International Patent Classification
reveal that maximum patents have been granted in Class C (Chemistry; Metallurgy), followed by Class H
(Electricity), Class B (Performing; Operations; Transporting), Class G (Physics).
INTERESTING PATENT OF THE MONTH
Hip hop aerobic exercise doll
Publication number US7128691 B2
Publication type Grant
Application number 11/099,797
Filing date 6 Apr. 2005
Priority date 6 Apr. 2004
Also published as US20050221966
Inventors Robin E. Cottrell
Original Assignee Cottrell Robin E
Abstract: An aerobic exercise system for encouraging a person to exercise more which includes a doll having
movable extremities which at least include arms and legs which are capable of moving in a predetermined aerobic
manner. An aerobic video displays predetermined movements to be performed by the doll. There is a chip disposed
within such doll which is connected to the arms and legs for causing predetermined aerobic movements of the doll
which correspond to movements of the aerobic video. Additionally, there is at least one aerobic type bench for the
doll to perform such predetermined aerobic exercises on.
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Main claims
1. An aerobic exercise system for encouraging a person to exercise more, said aerobic exercise system comprising:
(a) a doll having movable extremities at least including arms and legs which are capable of moving in a
predetermined aerobic manner;
(b) an aerobic video displaying predetermined movements to be performed by said doll;
(c) a chip disposed within said doll and connected to said arms and legs for causing predetermined aerobic
movements of said doll which correspond to movements of said aerobic video;
(d) at least one of an exercise platform for said aerobic doll to perform on and an aerobic type bench for said doll
to perform said predetermined aerobic exercises on; and
e) at least one of a DVD and a VHS player disposed on said exercise platform.
FREE WEBINAR BY ORIGIIN
EVENT DETAILS
Patent search means mining and assessing existing patents/applications relevant to a given area of technology.
There are various purposes of doing a patent search, such as assessing chances of novelty or patentability of an
idea or technology, planning R&D, monitoring your competitors activities, minimising chances of patent
infringement upon product launch, infringement analysis or assessing strength or weakness of a patent or
application. Therefore, knowing existing patents or the prior art is critical for any business in order to have
sustainable growth.
How to register?
Click the link below to register for the webinar
http://origiin.eventbrite.com
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8
Certificate course onValidity/Invalidity search
A validity/invalidity search seeks to uncover patents or other published prior art that may render a granted patent
invalid. The search results consist of a search report, a claims mapping chart, citation of prior art and statutory
grounds that may be taken into consideration for invalidating a patent. The results of the search are used to invalidate
a patent involved in infringement litigation or to support due diligence and ascertain the validity of a patent.
Web based classes available for out station candidates.
View complete schedule at:
http://origiinipae.blogspot.in/2013/05/schedule-of-courses-origiin-ip-academy.html
Duration: 25 hr (contact class 13 hr, project 12 hr)
Number of Seats: 6-8
Eligibility: Candidate shall be at least Bachelor in science such as BE, B.Tech, B.Sc.
Who should join?: The course is useful to any person keen to pursue career in IPR, fresh students as well as working IP
Professionals who want to enhance skills and experience in performing various kinds of patent searches.
How to register: Download the registration form from www.origiinipa.com and send us the filled form along with
payment to register.
Venue: Origiin IP Academy
#35 First Main Vysya Bank Colony, BTM 2nd stage, Bangalore-560076
Mobile: +91-98456 93459, +91- 98802 13204
Website: http://www.origiinipa.com
Email: [email protected], [email protected]
Our other certificate courses
1. Patentability search
2. Clearance search
3. Technology Landscape analysis
4. Patent specification drafting
5. IP audit and commercialization (coming soon)
Disclaimer: The purpose of this Origiin newsletter is for providing general information to the readers on IPR & is not
intended as a substitute for professional consultation and advice in a particular matter. For specific issues, kindly seeklegal assistance. The IP News and IPO statistics have been compiled from the information available in public domains
and Origiin is not as such, responsible for any error, omission, and mistake or misfiled particulars contained or omitted
from the said records. Column in the Newsletter is based on authors experience in the area of IPR and views reflected
in column are purely of the authors. Please mail us [email protected] your valuable feedback/comments.
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