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Sagacious Research Newsletter-7th Oct-2013
 

Sagacious Research Newsletter-7th Oct-2013

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Sagacious Research is an ISO Certified India based Global Patent Research & Analytics firm offering cost effective & multi-lingual Patent Searching, Patent Licensing,Patent Alerts & Watches, Patent ...

Sagacious Research is an ISO Certified India based Global Patent Research & Analytics firm offering cost effective & multi-lingual Patent Searching, Patent Licensing,Patent Alerts & Watches, Patent Drafting,Trademark Searching & Design Searching Services in over 100 countries and in over 16 Asian/European languages.

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    Sagacious Research Newsletter-7th Oct-2013 Sagacious Research Newsletter-7th Oct-2013 Document Transcript

    • © 2007 - 2013 Sagacious Research. All Rights Reserved. www.sagaciousresearch.com As there is substantial increase in awareness about the patents, scientific researchers have also turned to patent literature, which earlier was the territory of interest for only legal and business departments in technology firms and corporations. Patent Searches, particularly, state-of-the-art searches, also variously known as Patent Analytics, Patent Mapping, IP Landscape Analysis, etc. can greatly help researchers in getting an insight of following important aspects regarding their research work: • Ideas to innovate • Gather Knowledge for R&D • Identify white spaces and gaps in the technology areas • Identify core technologies • Track competitors • Analyze one’s own portfolio • Understand latest trends in the market Following are the top 3 benefits of patent searches for any researches/ scientist/ engineer working with R&D in any organization. 1. Gain maximum knowledge with least effort Thanks to the structured nature of patent literature search sources or search engine databases, patent literature is quite easy to analyze and is a productive pursuit. Besides, it is available in a uniform document format worldwide. The only bottleneck is filtering of the non-practical and far-fetched innovations from literature. Here the professional help involving patent search professionals comes into picture. There are many Patent Search Services Firms operating globally who hire trained patent analysts to analyze patents using some of the best available patent search databases. This problem can be easily overcome by seeking professional help and involvingpatent search professionals in doing the analysis. There are many Patent Search Firms operating globally who hire trained patent analysts to analyze patents using some of the best available patent search databases. S A G A C I O U S U P D A T E S Sagacious Research Sponsors CIPA 2013 Sagacious Research extends sponsorship to Chartered Institute of Patent Attorney’s Annual Congress. As sponsors, Mr. Anant Kataria, Director- Research & Ms. Parul Sharma shall be representing Sagacious Research at the 2 days conference being held at Lancaster London Hotel, London from 2nd October, 2013 to 4th October, 2013. Top 3 Benefits of Patent Searches for Scientific Researchers? A quick report on top 3 benefits for patent searches for scientific researchers. Vol- 5, Date: 7th , 2013 G E N E R A L N E W S Follow Us at: We Believe in Building Trust…
    • © 2007 - 2013 Sagacious Research. All Rights Reserved. www.sagaciousresearch.com 2. Find R&D solutions Patent literature is a great source to offer solutions to a given R&D issue or some specific problem encountered while devising an invention as patents clearly states that what problem they are aimed to solve. One can specifically search documents offering a solution to the problem being faced. As such, best options become available in no time and without much experimentation. 3. Explore Global Collaboration Opportunities Very sophisticated patent search tools are available these days and world over patents have uniform document structure. As such, by a single search on the right database, one comes to know what is happening in over 90+ other countries. So, global opportunities are never missed and it becomes easier to decide where to invest time and money, identify other researchers and companies working in the same domain or research area and connect with them to explore collaboration/ consultation opportunities. Besides, any gaps in your technology area and also the most pressing problem in your domain are easily identified. Conclusion It is time that every researcher realize that know-how of patents is a pre-requisite to promote innovation and rapid advances in science and other fields. They should ideally choose a trusted patent search partner to make the latest ready-to-act information available from around the globe in the desired domain. Also, their chosen patent search partner should be affordable and deliver quality work in prescribed budget so that some money is saved for the purpose of research activities. The problem with these patent thickets is that they almost make it impossible for other firms to innovate without infringing already patented numerous patents of these companies. For instance, the patent thickets owned by IBM, Microsoft and other such big companies as Apple and Samsung to name a few act as a tax on innovation. The problem has gotten worse since the US courts lowered the bar on patent quality in the 1990’s. For example, Microsoft has been granted more than 20k patents in the past decade empowering it to force 80% of Android vendors (by market share) to pay royalties to use software created by Google. That’s not because Google stole Microsoft’s source code. Rather, it’s because Microsoft has so many broad patents that every modern operating system infringes many of them. There are many related problems with patent thickets with which all of us are familiar. NPE’s (Non-practicing entities) or patent trolls have also emerged due to patent thickets and many reforms have been proposed to fight the problems posed by them. Non-practicing entities somehow manage to acquire one of the patents in a patent thicket and start looking for startup companies looking to innovate or even larger firms. NPE suits almost doubled from 2011-2012 and worse hit by the NPE litigations were the small companies. Bigger companies hit by such lawsuits also often had to pay higher damages. So, by now it is quite clear that though patent thickets can earn loyalties for some big companies, they can still be a problem for them as it also empowers patent trolls or NPE’s while startups are hit hard by this problem. So, this issue needs to be effectively tackled. Every company must realize that in order to get commercial success, besides inventing and patenting, getting licenses from several different sources is a must before entering a market. Another most pragmatic route to is getting a Freedom-to-operate patent Potential Strategies to Deal with Problems Related to Patent Thickets The patent portfolio management is a complex strategy, which is made even more complicated by the presence of patent thickets. The patent portfolio management is a complex strategy, which is made even more complicated by the presence of patent thickets or the problem of excessive patents. Patent thickets are a bunch of overlapping patent rights that generally many large and well established companies own. The whole purpose of such wide-scale patenting by bigger companies is to safeguard their technology and products in the market. Companies know that acquiring patents is a slow and expensive process, so incumbent technology firms always try to acquire a lot more patents as against up- and-coming firms, also known as start-ups.
    • © 2007 - 2013 Sagacious Research. All Rights Reserved. www.sagaciousresearch.com search conducted. Freedom-to-operate searches, also variously known as Infringement Searches, Clearance Searches and/or third-party IP Rights Searches are analytical studies that help in identifying whether a product/service may possibly infringe an active or pending third-party patent right. If this kind of patent search is conducted prior to launch of the product in the market for any/all jurisdiction and each of the features of the product is well investigated against all the features of the existing product in publications/patent literature/non- patent literature etc., it will most likely avoid any legal hassles of infringement post launch. This information is valuable tool that will secure a company’s rights on their product. Many more reforms are on their way to facilitate making the patent trolls untenable. The existing laws such as covered business method (CBM) program are already in use but are not fully effective. Under CBM program, the process to invalidate patents is expedited and all the patents that were granted erroneously could be invalidated using this facility which is available with USPTO. It was effected in 2011 and was initiated by financial services industry and though it empowered defendants to get to the patent office and invalidate patents via a new and less expensive process, it was restricted to this particular sector only. So, for companies operating in other sectors, awareness of risks associated with their technology is a must as it might pose problems for them in the future. Patent litigation is likely to arise when a patent earns revenue for its owner, if it is around an active technology, and when there are well-known competitors in the space, or you’re nearing an initial public offering (IPO). In such times, a company is particularly vulnerable for patent litigation and its threat can make accessing the public market much more difficult. Thus, rather than waiting for proposed reforms to come into effect, taking the aforementioned measures proactively will enable such companies to deal with the patent thickets and NPE issue effectively. S O M E O T H E R T O P N E W S I N T H I S C A T E G O R Y: Major Indian Pharma Players Step-Up R&D Spends Read: http://ow.ly/pB5ch WIPO Members to Sign Industrial Design Law Treaty. Read: http://ow.ly/pB5l0 TRIPS Council to Discuss on IP & Sports, Green Tech & Public Health. Read: http://ow.ly/pB5uu Dynamic Patent Database Launched by Indian Patent Office. Read: http://ow.ly/pB5Db An Article Guiding Innovators on How to Benefit From Their Inventions. Read: http://ow.ly/opOzP
    • © 2007 - 2013 Sagacious Research. All Rights Reserved. www.sagaciousresearch.com  Push towards ‘genericization’  Increased competitive intensity as big pharma’s are venturing into branded generics.  Overall change in industry dynamic Thus, it’s essentially an era of consolidation for the smaller and mid-size pharma players working in the Indian market where there is a very high competitive intensity. These pharma players lack a global platform and face serious competition from large foreign firms venturing into branded generics. Due to the changing regulatory requirements, like the introduction of new Drug Price Control Order (DPCO) 2013 and increased government intervention in the pharma sector, these issues have come under substantial control but until and unless DPCO is fully effective, there still remain some problems. As such, the coming 4-5 years are going to be challenging for the industry. Once the DPCO comes into full effect when the government figures out drug prices and there is full-fledged government support to domestic companies relating to product approvals, clinical trials etc., Indian pharma sector will definitely reach up to global standards and in the long run, this intervention will bear fruits. There is a need to ramp up the innovation and R&D efforts in this industry wherein the investment in innovation has been flat as a percentage of revenue. Some companies are making headway in innovation but it is still a long way to set a benchmark. Innovation will take time to develop in India and for that companies will have to adopt different models and venture into areas such as bio- similars or different business lines such as OTC (over the counter) or different sources of revenue such as animal health or NME (new molecular entities). India is under increased scrutiny by US FDA as it exporting a lot more to the U.S. now. So, it is also important that Indian pharma companies maintain the highest global standards at all times. There is a lot of noise in the global environment about Indian patent system but as US FDA’s approach in every matter is extremely rational and consistent across the globe, so there is nothing to worry about issues relating to US FDA. The patent related issues or disputes are common in the world and since patent law in India is still evolving and getting robust with time, things will definitely improve over time. Future of the pharmaceutical industry Focus of Indian pharmaceutical industry shall remain on enhancing its global prospects and innovation. To fight the severe competition from foreign players, turn this into a profitable business and gain from exports, the only feasible and logical solution is that major pharma companies in India, in this kind of environment, target the global market. It is also because India is now following GATT and new patent laws, as such, new product approvals are far more challenging, and companies focusing on India business will have to exit if this isn’t taken seriously. Moreover, the industry is flooded with cut throat competition and the scenario is not likely to be changing for the coming 3-5 years. Thus, hugely innovative products are required in the patent portfolio of each company for it to reap maximum profit and fight Where Domestic Indian Pharmaceutical Industry Shall Focus Now? A brief about several issues affecting the Indian pharmaceutical industry and all pharma companies There are several issues affecting the Indian pharmaceutical industry and all pharma companies, whether big or small. To name a few, the new Drug Price Control Order (DPCO) that prescribes a ceiling price on many of the vital medicines and patent issues with big multi-national pharmaceutical giants are reasons of concern for the domestic Indian pharmaceutical industry. Then, there are some other challenges as well-  Increased centralization  Increased approval time L I F E S C I E N C E S
    • © 2007 - 2013 Sagacious Research. All Rights Reserved. www.sagaciousresearch.com competition. It is to be realized by every domestic pharma company in India that almost in 5 years from now, only those companies will have an edge in the pharma market that will hold the most patents. This newly acquired patent will add more weightage to an already extensive world class patent portfolio of security systems of the New York College of Health Professions. College was recently also given a patent that described a Biometric Band that attracted interest of the military as well as private corporations. It could be worn by a human and could monitor and signal back through a smartphone to a security center if the wearer was attacked or killed. The technology domain in which the New York College of Health Professions owns patents has immediate application in homes, hospitals and various other places and as such is of interest of many corporations and tech firms. The reputation of the New York College of Health Professions as a rich repository of security system technology patents is attributed to the Chairman of the College, Mr. Donald Spector. Spector, a zealous and gifted innovator himself, has several patents in his name. One can either search on his own or take patent search services of an expert patent search services firm to find his patents. Bristol-Myers Squibb hosts a separate division where one can find his patents. He has worked with several companies on technologies ranging from location based advertising to smart credit cards, internet radio streaming, medical technologies and many other consumer products based technologies. Mr. Spector is always on a lookout to expand and monetize his world class intellectual property portfolio. S O M E O T H E R T O P N E W S I N T H I S C A T E G O R Y: Analyzing Implication of Ban on Gene Patenting on Bio-tech & Allied Indistries. Read: http://ow.ly/pB62x Breast Cancer & Trastuzumab Patent, An Article. Read: http://ow.ly/oTunm A Birds Eye View of Indian Pharma Patent Sector. Read: http://ow.ly/oTutf Are All Personalized Medicines Eligible for Patent Grant? Read: http://ow.ly/pB5Vw Security System Patents of New York College of Health Professions Surging New York College of Health Professions won U.S. Patent that for a security alert system that allows monitoring the vulnerable people by simply identifying certain sounds . New York College of Health Professions won U.S. Patent that for a security alert system that allows monitoring the vulnerable people by simply identifying certain sounds indicating that they are in need of help. The sound is transmitted to a smartphone that directly notifies a pre-designated security center or person or facility. It works on the same principles as any other life alert systems but need not be manually operated. It is available 24/7 and is a computer watch guard.
    • © 2007 - 2013 Sagacious Research. All Rights Reserved. www.sagaciousresearch.com Yet, Samsung and LG, both top-class display panel manufacturers have been fighting over a number of patents for next-generation display technologies for their TVs and other devices. The two firms had accused each other of stealing liquid-crystal display (LCD) and organic light-emitting diode (OLED) technology. LG accused Samsung of using its patented OLED technology in five of the Samsung devices including Galaxy S smartphones and sought financial damages from them. The next-gen OLED technology helps produce thinner screens that consume less power and offer a sharper picture than conventional flat- panel panels. As such, it is seen as a future growth driver in the TV market. A series of lawsuits that they have filed against each other ended after a meeting was arranged between CEO’s of these firms by country’s trade minister. In the meeting, it was agreed that the two companies will now focus on attaining market leadership in the global market by cooperation, in lieu of engaging in patent disputes. T E C H N O L O G Y Patent Fight over LCD & OLED Technology Ends between Samsung & LG Samsung and LG, South Korea-based electronic giants, have mutually agreed to end their year-long patent dispute over LCD and OLED technology. Samsung and LG, South Korea-based electronic giants, have mutually agreed to end their year- long patent dispute over LCD and OLED technology. Several patent disputes between electronic manufacturers have been witnessed in recent years and these put at stake money worth thousands of dollars. Though, Samsung Electronics and LG Electronics are the world’s top and second-largest TV makers respectively, these patent infringement lawsuits have also proved to be all-consuming for them as well. S O M E O T H E R T O P N E W S I N T H I S C A T E G O R Y: Apple Wins 36 New US Patents. Read: http://ow.ly/pB6oo Nokia Wins Patent Lawsuit Against HTC. Read: http://ow.ly/pB6AN Understanding the Novelty in the New Geospatial Patents. Read: http://ow.ly/oTuSR.
    • © 2007 - 2013 Sagacious Research. All Rights Reserved. www.sagaciousresearch.com The principle for energy generation in his method is constant conversion of the potential gravitational energy of falling solid objects on a moving platform to electrical energy. It uses an iron pipe, filled with water that is placed vertically and some hollow concrete or wooden balls are driven into it from below. The principle of buoyancy is used to raise the solid objects to the desired height and when it falls on to a moving platform which is connected to a wheel that is further connected to a generator, finally electricity is generated. The biggest advantage is that this power generation method is absolutely pollution-free and inexpensive. The new prototype once ready could be used on a much bigger scale. It can possibly meet the electricity demand of any household post erection at ~ Rs.2 lakh. M C David had worked in Qatar and Bahrain as a quantity surveyor/ estimator with leading companies for over 2 decades and returned to hometown Kayamkulam only three months back where he experimented for his novel invention. S O M E O T H E R T O P N E W S I N T H I S C A T E G O R Y: Fracking King- Packer Plus Suing Competitors. Read: http://ow.ly/oTuDX USA’s Soaring Oil & Gas Industry Turning Into an Intellectual Property Battle Field. Read: http://ow.ly/oTuJl Rush for Oil Sector Patents in USA. Read: http://ow.ly/oTuSR Indian Magician Patents Pollution-free Power Generation Method Amateur Indian magician from Kerala, recently won a US patent for an invention that generates power An amateur Indian magician from Kerala, M C David recently won a US patent for an invention that generates power. He has also applied for an Indian patent back in 2008 but it is not yet granted while his US patent got granted last month. He has devised a method of power generation that produces electricity “anywhere, anytime”. E N E R G Y
    • © 2007 - 2013 Sagacious Research. All Rights Reserved. www.sagaciousresearch.com Invalidity/ Opposition Searches Patents Mining Claim Construction Infringer Identificatio n Claim/EoU Charting Reverse Engineering Patentability / Novelty Searches FTO/ Clearance Searches Patent Illustrations/ Drawings Patent Landscape Studies Competition/ Technology Watches Structure/ Sequence Searches Paralegal Support Patent Proofreading IDS Preparation Patent Docketing Other Services Global Trademark Searches Design Searches Patent Translations Prosecution Watch A B O U T S A G A C I O U S R E S E A R C H Sagacious Research is an ISO Certified India based Global Patent Research & Analytics firm offering cost effective & multi-lingual Patent Searching, Patent Licensing, Patent Alerts & Watches, Patent Drafting, Trademark Searching & Design Searching Services in over 100 countries and in over 16 Asian/European languages. An ISO 9001:2008 and ISO 27001:2005 Certified Company 70+ Techno-legal Experts | 16+ Languages | 100 Countries | 5, 000+ Projects | 99% Client Retention C O N T A C T S A G A C I O U S R E S E A R C H Germany Kathrin Reinhardt +49 6107 6383 396 United Kingdom Aarti Thakral +44 (0) 203287 5098 United States Jim Worrell +1 803 526 7267 Australia Steve Johnson +61 3 9028 4017 United States 6387 Fairways Drive Longmont, CO-80503 T: (303) 506-4192 F: (803) 831-1899 India (HQ) 303-B, Enkay Town Plaza, Block-I, Palam Vihar, Gurgaon-122017, Delhi/NCR, India T: +91 124 4033431 F: +91 11 43850700 Web: info@sagaciousresearch.com www.sagaciousresearch.com S A G A C I O U S R E S E A R C H S E R V I C E S Litigation / Licensing Support Services Prosecution/ Strategy Support Services