Origiin Newsletter

March 2012, Volume 2, Issue 11

March 2012 Volume 2 Issue 11 IN THIS ISSUE

Paper publication versus filing for a patent.........1 Latest News...2 Patentalk.3 Interesting patent of the month..4 Origiin IP Solutions-Zee business .....5

Paper publication versus filing for a patent

Bindu Sharma ([email protected])

atent is a form of intellectual property that consists of a

EDITORS
Anita Kalia Santhoshi Basuthkar

set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention. Three of the prime requirements in order to get a patent are that the invention should be novel, industrially useful and it should be non-obvious to a person skilled in the art, additionally, it should not fall under Sections 3 and 4 that list inventions that are not-patentable in India. Since a patent cannot claim something that already exists, nor can it claim something obvious or non-inventive, patent examination by the examiner always involves looking for prior art in the form of earlier publications that show that the invention is not new or is obvious or anticipated. An invention is considered as new if it is not anticipated by prior publication, prior use or prior public knowledge. That means that your own disclosure in the form of publication can destroy novelty of your invention and make your invention prior art or anticipated and hence may prevent you from getting a patent. Prior art includes everything that has been published, presented or otherwise disclosed to the public before the date of filing a patent application in India or elsewhere in the world. A search including patent as well as a non-patent search performed to know about prior art is called as prior art search, essential to be performed to assess chances of getting a patent for an invention. The Supreme Court in well-known Bishwanath Prasads case observed that prior public knowledge of the alleged invention would disqualify the grant of a patent. In another interesting case, the Court of Appeal in England in

CONTACT US
Origiin IP Solutions LLP #51, MSHS, 15th Main, Sector 4, HSR layout Bangalore Mobile +9198456 93459 +9198802 13204 Websites www.origiin.com www.origiinipa.com

Origiin in panel discussion ay Zee Business

Date of telecast:
20th March 2012: 10.30 PM-11.30 PM 24th March 2012: 9.30 PM-10.30 PM 25th March 2012: 9.30 PM-10.30 PM

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March 2012, Volume 2, Issue 11

Fomento v Mentomore denied patent rights to a designer of an improved design of a ball-point pen, on the grounds that the inventor himself had published a description of making ball point pens and had made two pens embodying the invention available to the members of the public before filing for the patent

application.
It is myth that if you file for a patent, you can not publish the results of research in the form of research article or paper. The fact is that paper publications can be done after a patent application has been filed and priority date has been obtained. Priority date (also called as effective date of filing) of a patent application is defined as the date on which the first application for a patent is filed. Subsequent applications in foreign countries have to be filed within 12 months of the priority date. The major benefit obtained from the priority date is that the inventor will have the earliest priority as compared to other patent applications on similar lines filed after the priority date. Due care should be taken before publication related to the invention and the date of publication should not be before date of filing or priority date of the application. Publication prior to filing of a patent can be a hurdle for determination of novelty of the invention, which is one of the prime requirements of getting a patent granted.

LATEST NEWS Apple faces Trademark issues in China

Apple Inc is fighting a legal assault over the sale of its tablet PC, iPad, in China. iPad has earned revenue of$20.4 billion last year and has become the company's second-best selling product by revenue, after iPhone. Proview Technologies, a Taiwan company, that makes television and computer monitor displays had already registered the Trademark, iPAD for its products in China, therby the sale of Apple's iPad in China is facing stiff trademark issue. Apple bought the iPad Trademark for several countries from Proview Technologies, in late 2009. However, while the agreement included two trademarks in China, it later turned out that these were owned by a separate affiliate, Proview Shenzhen. Apple sued Proview's Shenzhen-based unit in 2010, claiming ownership of the iPad trademark in China. On the basis of the December 2009 contract that Apple says, it gave global rights to the name, including in China. The Shenzhen Intermediate People's Court rejected Apple's claims on November 17. China is the manufacturing hub of the Apples iPad. Apple has also quadrupled revenue in China last year after adding stores and expanding online distribution of its products. Notwithstanding this, Proview Shenzhen has now sent letters to its China-based electronic distributors and retailers to boycott Apples iPad. It has also requested the China custom officials to pose a ban on the import and export of Apples iPad. With the recent launch of Apples iPad 3, the war between Apple and Proview gets tougher!

Sun Pharma to shell out $960 million on infringements

Wyeth Pharmaceuticals Inc is seeking $960 million in damages from Sun Pharmaceutical Industries for alleged patent infringement in launching a generic version of drug Protonix

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March 2012, Volume 2, Issue 11

in the US. Protonix is used to treat ulceration of the esophagus. The original patent relating to Protonix, known chemically as pantoprazole sodium, is held by Swiss drug maker Nycomed and was licensed to Wyeth, which is now owned by Pfizer. Sun Pharma launched its generic version of Protonix tablets in January 2008 after Teva Pharmaceutical Industries and its US subsidiary began selling the drug in December 2007. Wyeth and Nycomed, owned by Japan's Takeda Pharmaceutical Co, filed the lawsuit in the US District Court in New Jersey against Sun and Teva Pharmaceutical Industries. If the ruling goes against them, Sun Pharma would be liable to pay three times the sales achieved by the company, which would be in the region of Rs 2,100-2,400 crore.

PATENTALK
This section is an initiative by Origiin to introduce innovations from various inventors and valuable expert opinions on protection, exploitation, of Intellectual property by Intellectual Property experts to provide inspiration to the readers and also make our readers aware about the emerging technologies, products and innovations. This section also aims at bringing out the importance of patent protection and the way such innovations are make difference in evolution of scientific progress in the country. In this issue, we are introducing three inventors from a small town in Kolar district in Karnataka. They have developed two inventions related to 360 degree surround sound technology of their own kinds in the world. Inventors: Shakeel HNB, Venkata CKN, Shrinivaas N (from left to right in photo) Inventions: 3D Digital Stereo Surround (DSSR) 360 degree sound technology and Total Angle 360 degree system of Loud Speaker Cabinet Enclosure Design Technology Domain: Audio system Patent status: Pending Company name: Audio Pro X Technologies India Pvt. Ltd., Kolar, Karnataka, INDIA Here is an excerpt of their interview by Origiin Origiin: Please tell us something about your Invention. Inventors: Our first invention is a 3D digital stereo surround sound system that produces a 5.1 channel 3D Digital Stereo Surround Sound using only one 2.1 channel powered amplifier without consumption of extra power. The system creates 360 degree digital stereo surround sound output and produces natural, immersive and spacious effects. Any type of original sound track can be converted into a 360 degree digital stereo surround sound natural 360. Apart from that soundtrack which is converted using our technology produces distorted audio sound if shot using a video camera that prevents piracy to a great extent. Our second invention is a loudspeaker cabinet enclosures design that creates remarkably high quality sound effects and provide 360 listening coverage without changing the position of loudspeaker cabinet

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March 2012, Volume 2, Issue 11

enclosure. The system of technology is user friendly as the cabinet design can be easily used with many existing audio/music applications without any modifications. Both of our inventions have great scope in film industry, Audio/Video Companies and Entertainment Media. Origiin: When did you conceive the idea andwhat has been your source of inspiration? Inventors: Great Scientists like Albert Einstein & Thomas Alva Edison have been our main source of inspiration. The idea was conceived nearly 12 years back and we started working on it nearly 7 years back when we started off with a mission of bringing out new sound technology to the world. With Gods grace, we have been successful in realizing our dreams. Origiin: What difference did filing a patent made in securing the Idea/Invention? Inventors: By filing for a patent we could get much required protection for our innovations which helped us immensely since the disclosure of invention to the investors became easier that gave us a new dimension of recognition & commercialization of our technologies. Our case-study was done by Zee business recently and would be telecasted by this month. That gave us confidence, publicity and recognition in the industry. Origiin: What has been your driving force that kept your Spirits High? Inventors: God has been kind to us and our great teamwork and support from family has been driving force all these years. Origiin: How are you planning to commercialise the Invention? Inventors: We are planning to commercialize the inventions in a big way from small households to film industry. We could finalize deals with one entertainment house and have couple of projects in pipeline. Origiin: What are the challenges you are facing especially for Commercialization of the Invention? Inventors: Lots of questionnaire, explanations, comparison of technology with existing technologies, and funding have been the biggest challenges we faced so far. To post your story, write to [email protected]

INTERESTING PATENT OF THE MONTH Santa Claus Detector

Patent number: 5523741 Inventor: Thomas Cane Filing date: Aug 19, 1994 Issue date: Jun 4, 1996

Abstract: A children's Christmas Stocking device useful for visually signalling the arrival of Santa Claus by illuminating an externally visible light source having a power source located within said device.

Origiin Newsletter

March 2012, Volume 2, Issue 11

ORIGIIN IP SOLUTIONS IN ZEE BUSINESS

Bindu Sharma, CEO of Origiin IP Solutions LLP, Bangalore [INDIA] participated in panel discussion at IndiaMART Emerging Business Forum by Zee Business news channel. IndiaMART Emerging Business Forum is an on ground and on air television series that provides a unique setting for engagement and exchange of ideas, and enables SME clusters to imbibe quality management processes and innovation for business growth. It is a platform where SMEs absorb success stories, best practices, and get mentoring by eminent entrepreneurs and business leaders.

Date of telecast on Zee Business channel: 20th March 2012: 10.30 PM-11.30 PM Repeat telecast on 24th March 2012: 9.30 PM-10.30 PM and 25th March 2012: 9.30 PM-10.30 PM

This newsletter is published by Origiin IP Solutions LLP, Bangalore. Please mail us in case you find discrepancies/errors in the contents. Your valuable feedback, comments, suggestions are most welcome in order to make this newsletter more useful. Guest articles for publication in this newsletter may be sent to the following address by email or by post: Office address #51, MCHS, 15th Cross HSR Layout, Sector 4, Bangalore, Karnataka India, Pin: 560034 Phone 9845693459, 9880213204 Email: [email protected], [email protected] Registered address 213, Sobha Aquamarine Sarjapur Outer Ring Road. Bangalore-560103