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Sr newsletter-21st october-2013
, Intellectual Property Advisory / Analytic / Research
Oct 24, 2013
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Sr newsletter-21st october-2013
1. Follow Us at: Vol- 7, Date: 21st October, 2013 GENERAL NEWS SAGACI OUS UPDATES Patent Box: A Catalyst to Promote Patenting, Sagacious Research at IPBC - 2013 IP Business Congress (IPBC) Asia, the most high profile intellectual property event in Asia-Pacific region is to be held from 17th to 19th November 2013 in Singapore. Mr. Tarun Bansal, Director, Sagacious Research will represent the company at the event. IPBC Asia, a three day event, will feature high-level discussions among senior leaders from Asia-Pacific region, Europe, North America and explore host of networking opportunities with special focus on the challenges & pitfalls that IP value creators may encounter in Asia-Pacific region. Innovation & R&D in UK Patent Box is an innovative scheme for promoting patenting, innovation and R&D. This may even aid to the revival of the economic downswing. Patent Box: The Concept in UK The Patent Box allows companies to enjoy a reduced rate of corporation tax of 10% for profits from the exploitation of patented inventions and other forms of qualifying intellectual property (IP). That’s a whopping discount on the main corporation tax rate for 2013 which is 23%. Patent Box Calculation Formula (Left): “Patent Box” is an innovated scheme that aims in incentivisation of those companies or organizations that generate income through patents. If explained briefly, Patent-Box scheme in UK aims to reduce the tax liabilities of the qualifying companies on income generated through patents and specifically rewards those companies who engage in R&D (or innovation) from conception to commercialisation of patents (scheme excludes products with copyright or trademark protection). The UK Patent Box that went live in April 2013 is a recent initiative but in Belgium, Luxembourg and Netherlands, such schemes have already been successfully implemented. We Believe in Building Trust… This particular article on Patent Box aims to provide the reader a brief understanding of the concept – Patent Box in UK, organizations or companies/ corporates who may qualify and the benefits that Patent Box in UK may accrue to those qualifying for it. Purpose of the Patent Box 1. The Patent Box provides a reduced corporation tax rate for companies exploiting patented inventions or certain other innovations protected by particular intellectual property (IP) rights. © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: firstname.lastname@example.org
2. The reduced rate applies to a proportion of the profits derived from the licensing or sale of the patent rights, or from the sale of the patented invention or products which incorporate the patented invention. Profits derived from routine manufacturing or development functions, and profits derived from exploitation of brand and marketing intangible assets, are intended to be excluded. 3. The Patent Box is an optional regime which companies can elect into. The reduced rate of tax is delivered by providing an additional deduction in the corporation tax computation. 4. To minimise administrative costs and compliance burden, Patent Box profits for many claims can be calculated using a largely formulaic approach. This is intended to identify in most circumstances a reasonable, albeit approximate, figure for profit derived from the patent. Companies can instead however opt to identify the profit through a more bespoke calculation. 5. The next section of this introduction is a broad outline of the main concepts of the Patent Box regime. These are then explained in more detail in the rest of this Technical Note, The main concepts are shown in the diagram below: (Source: Corporation Tax Reform: Patent Box – HM Revenue & Customs) Patent Box Criteria: It is also vital to understand the qualification criteria of the patents that may qualify to register themselves under the Patent Box scheme of UK. Patents must have been granted by an approved patent-granting body, including the UK Intellectual Property Office, European Patent Office and designated European territories. Currently, patents registered in territories such as the USA, France, and Spain are not included under this scheme. Further, there are a few noticeable points that the companies should keep in mind to assess whether their patents or products qualify under the Patent Box Scheme of UK. Either patent holder or another company in its group must have performed significant R&D activity to develop the patented invention or its application; or If the product was development by a group company and not the patent holder, then also the holder must have remained actively involved in decision-making related to exploiting the patent. This allows flexibility for both group-wide activities and products incorporating purchased bundles of patents to quality. Benefits of Patent Box Scheme Patent Box as an initiative by UK government has been planned to promote innovation and encourage businesses to stay in UK and thus, assessing how declining R&D intensity in UK can be improved to reinstate position of UK companies in top Fortune 500 list. The Patent Box deduces tax rate from 23% (decreasing to 20% from April 2015) to 10% on profits derived from any products that incorporate patents and as per the forecasts of HM Treasury, is going to generate corporation tax revenues of worth ~£1.1 billion. (Source: Patent Box: An industry report on incentivising UK innovation). © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: email@example.com
Now, it certainly becomes important to understand how patents either owned by the company or that of others can generate income. Intellectual Property income from following sources can help in benefiting from the Patent Box scheme: Patent royalties and income from licensing Income from the sale of patents Infringement income Income from sales of products with patents Sales of mixed patented & non-patented items Notional Royalty – patents used in processes & services Leasing Patent Pending (Source: Patent Box: An industry report on incentivising UK innovation) Summary The whole idea behind the initiation of Patent Box scheme is to encourage UK companies to develop innovative products. It also aims to give the required stimulus to companies that don’t hold patents. Such companies may reconsider their patenting policies and either use or license patents, so that they can also benefit from this scheme. In the long run, this incentivisation scheme will also encourage companies to locate high-value jobs associated with development, manufacturing and exploitation of patents in UK. Large as well as small and medium-sized companies (SME’s) will, thus, hugely benefit and would want to stay in UK thereby giving the required impetus to the UK economy. Patent Box Services by Sagacious Research Viewing the emergence of Patent Box in UK, Sagacious Research (a global IP research & analytics firm) thus analyses its services that can help the qualifying companies benefit from this impetus. © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: firstname.lastname@example.org
Listing a few of our services: Sagacious Research product-to-patent mapping services are highly appropriate for the purpose of Patent Box. It helps a company to establish that the product driving its revenues has been developed on a patented technology and thus, is eligible for patent box. Some of our other important services in this regard are listed below. 1. Patent portfolio Management Services • Analyze the entire patent portfolio of a company including pending patents. • Analyze company products in a manner that all the patents/applications being utilized in the product are identified and same applies to competitor’s patent portfolio. • For a very specific search service with respect to Patent Box, Sagacious Research is capable of doing an extensive competitor analysis in order to identify competitor’s patents that might be in use to benefit from Patent Box and invalidate such patents by employing Invalidity Searches. 2. Infringer Identification & Infringement watch Services • Identify products in the market that might be infringing on your patented technologies. Our analysis is comprehensive and detailed enough to prove that someone is infringing on your product as we map the products on to the patents. • Keep a close watch on recently marketed products and/ or technologies infringing on your patents. • Prepare detailed EoU Charts or Claim Charts to determine and establish the extent of overlap between one or more claims of a patent and a product/technology. 3. Patent Mining Services To identify the most relevant patents / applications (infringed, licensable, key patents associated with products) and calculating relevant income and the product income attributable to patent(s). These services from Sagacious Research will aid the companies to assess their own and other patents and help them in formulating better strategies to optimally maximize their benefits from their patents as well as give them a landscape insight into their own domain. 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 U.S. Firms Suffer Losses of ~300M US$ Due to IP Piracy Read: http://ow.ly/pNbKL 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 UK Companies Not Amongst Top 100 Inventors Read: http://ow.ly/pNc7u © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: email@example.com
LIFE SCIENCES Where Domestic Indian Pharmaceutical Industry Shall Focus Now? This bill is set to replace the Drugs and Cosmetics Act, 1940 and bring about a comprehensive legislation for the regulation of medical device sector. In the upcoming winter session of Parliament, Drugs and Cosmetics (Amendment) Bill, 2013 will be tabled. This bill is set to replace the Drugs and Cosmetics Act, 1940 and bring about a comprehensive legislation for the regulation of medical device sector and incentivize new innovations leading to competitive pricing. It is drafted for the purpose of centralizing licensing in 17 categories of very critical drugs included in the proposed Third Schedule of the Act. Besides that, the bill also has a separate Chapter containing regulatory provisions for medical devices and more comprehensive provisions for regulating clinical trials and exports. Once the bill is passed, the authority of Central Drugs Standard Control Organisation (CDSCO) to regulate imports, manufacturing and exports and State Regulating Authorities to regulate sale, stock and exhibition of medical devices will be clearly defined. It will also set up the Central Drugs Authority (CDA) for regulating the drugs and cosmetics sector and strengthen the manpower, infrastructure, medical device testing labs and training the regulators. The Drugs and Cosmetics Bill 2013 will empower the Central government to make rules for • Classification of medical devices based on the degree of risk associated with its use • Standards for different classes of medical devices • Procedures for assessment of conformity to standards and overseas inspections • Reporting adverse events • Post marketing surveillance • Recall of medical devices The bill was introduced on August 29 and was later was referred to the Parliamentary standing committee on September 9, 2013 for examination. Government of India has allocated Rs.3000 crore in the 12th Five Year Plan for the development of medical device sector. There are plans to appoint 300 medical device officers and experts from the bio medical, bio materials, plastic engineering and electronic engineering domains for overhauling the sector. To explore the international destinations, GOI also has plans to spend Rs.5 crore on professionals for international travel along with opening of overseas country offices. © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: firstname.lastname@example.org
Patenting Scenario in Spinal Implants Medical Devices Spinal cord establishes communication between the brain and the body and any injury to this vital human organ greatly affects a person’s sensory, motor and reflex messages. Spinal Cord Injuries: An Introduction & Some Statistics Spinal cord establishes communication between the brain and the body and any injury to this vital human organ greatly affects a person’s sensory, motor and reflex messages. Due to spinal cord injury (SCI) the person experiences either complete or incomplete dysfunction, based on whether any sensation occurs at or below the level of injury. The most important is that each person’s recovery from SCI is different. These injuries, in general, are induced by trauma but injuries due to cancer, multiple sclerosis, arthritis and osteoporosis are also common these days. Spinal cord injuries affect may include the following: Loss of movement & sensation Loss of bowel and/or bladder control Exaggerated reflex actions or spasms Changes in sexual function and fertility Pain or intense stinging sensation Till 1990, according to the National Spinal Cord Injury Statistical Center (NSCISC) of USA, there were ~12,000 cases of spinal cord injury per year. In the UK, statistics collected from spinal cord injury centers reveal that every year ~1200 people were paralysed from SCI. The situation in the developing countries was even worse as they do not have any established national trauma or SCI registries. Then, medical record keeping is also poorly managed in most of the hospitals in such countries. Nevertheless, it can be presumed based on the fact that world population is increasing that the number of people living with SCI could be much higher than depicted by statistics. Moreover, as SCI injuries can vary in severity, individuals can manifest symptoms as minor as occasional pain all the way to complete paralysis. Key Patents in This Domain It is much evident that the sector of spinal implants and manufacturing platforms for these medical devices is booming. As such, companies working in this area are patenting heavily. Recently, Life Spine, Inc., which provides the technologically advanced manufacturing platforms to increase procedural efficiency and efficacy through innovative design, has been awarded following three patents by the United States Patent Trademark Office (USPTO). US Patent Number Patent Brief 8,475,461 It is a patent for instruments used in installing multi-section intervertebral spinal implants issued on Jul 2, 2013. 8,486,148 It is a patent for hinged spinal fusion cages issued on Jul 16, 2013. 8,512,407 It is a patent for expandable spinal interbody and intravertebral body devices issued on Aug 20, 2013. Life Spine, Inc. now owes a patent portfolio of 49 patents and more than 100 patent applications. In future, motion-preserving spinal implants, such as artificial discs and dynamic stabilization constructs, will remain in the focus. Following two patent applications in name of St. Francis Medical Technologies, Inc. belong to the same technology area- © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: email@example.com
US Patent Number Patent Brief 20080177391 A1 Systems and Methods for In Situ Assembly of an Interspinous Process Distraction Implant 20060264938 A1 Interspinous process implant having deployable wing and method of implantation. 20130110240 (in application stage) Assigned to Noah Hansell, Edward Dwyer & Jeff Bennett, it is a patent related to artificial intervertebral disc. Way Forward for Researchers in This Domain for New Innovation & Research The spinal implant technology is a promising and an emerging technology. Henceforth, more patent filings must be done for inventions in this area. Here, it is also important to assert that institutions, universities and scientific researchers carrying out research in this domain must have a good idea of the technology landscape of this sector before investing efforts and money in its R&D. Filtering out the nonpractical and far-fetched innovations from patent and non-patent literature is a daunting task. For that reason, they need help of professional patent search service providers. As such, patent searches, particularly, state-of-the-art searches and technology alerts of Sagacious Research can greatly help researchers in gathering innovative ideas, identify core technologies & white spaces and gaps in this technology area. We offer valuable search findings in multiple languages after conducting extensive searches in over 90 countries to give a clear picture of latest Intellectual Property trends. Originally, medical device instruments were used only to correct spinal deformities but over the past 15 years, the use of internal fixation with spinal implants in spinal fusions has dramatically increased. Many different products, such as rods, plates, interbody devices, pedicle screws and interspinous process decompression devices etc. have become popular. The global market value of spinal implants market reached the mark of $5 billion in 2008. 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: Cure for Indian Pharma Frauds. Read: http://ow.ly/pNdTp 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 © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: firstname.lastname@example.org
TECHNOLOGY Nokia on Suing Spree- Nokia vs. HTC Nokia Corporation has sued HTC Corp. for infringing its “024 patent” A cease-fire of Nokia & HTC patent battle seems no-where on the cards, much recently. Nokia Corporation has sued HTC Corp. for infringing its “024 patent” over a technology which is designed to assist broadcast voice and text messages. Broadcasting via voice and text messages is a very popular technology as it is a powerful direct marketing tool. It is widely used by industry groups such as insurance, real estate, telemarketing, healthcare, direct sales, etc., to create leads or as a followup method to their existing or past customers and/or current prospects. In emergency situations, it can even save lives. This technology is used in all the present smartphones and intellectual property rights over this technology and around applications of this technology has been the frequent cause of patent wars between smartphone companies. The situation is such that rather than defending its case in court, it is speculated that HTC is going to withdraw this patent now. In the present case, the patent claim is related to a group of four HTC handsets, including the HTC One SV and HTC Wildfire S. Nokia, despite of fall in its market share in the mobile handset business, still holds 3.1 % share in the global smartphone market ahead of HTC that just holds 2.8% of the market share. Moreover, Nokia Corp. owns a very strong patent portfolio and its strongest supporting evidence comes in the form of a licensing deal that it signed with Microsoft worth 1.65 billion euros. Licensing and litigation are the two areas in which a patent portfolio can prove its worth and Nokia stands high in both these areas. In the past, BlackBerry (earlier named Research In Motion) and ViewSonic have entered in non-SEP licensing deals with Nokia. But now, HTC is the primary target of Nokia. Since May 2012, Nokia has filed approximately 50 different breaching claims against HTC in the U.S., UK, Germany, and most recently also Italy. There are many highly technical patents among them, such as the ones HTC now wants Qualcomm to work around so that it can sell its HTC One smartphone in US. If HTC manages to somehow sell its flagship product in the U.S. despite an ITC exclusion order, then there would be considerably less pressure on the Taiwanese device maker, which litigates very effectively, to settle in the short term. The relevant patents aren’t standard-essential, so they can be worked around in principle. Though, at this point it is unknown that what the technical options HTC and Qualcomm are exploring, and whether those workarounds would result in performance reduction or other degradations noticeable to end users. Recently, Nokia has scored a win against HTC on Sept. 23 in Germany where court ruled that HTC has infringed two patents of Nokia. Nokia’s patents (mentioned below) for addressing different radio frequencies and for removing errors in radio signals were infringed. • U.S. Patent No. 6,393,260 on a “method for attenuating spurious signals and receiver” • U.S. Patent No. 7,415,247 on a “method and arrangement for transmitting and receiving RF signals through various radio interfaces of communication systems” These are also wireless patents but they aren’t standard-essential. A third patent, which covers tethering, was not found infringed. Undoubtedly, Nokia is on the winning track and the recent infringement suits filed by the company indicate that the Finnish giant has the upper hand against HTC also will most likely force HTC to enter into a royalty-bearing non-SEP license deal, particularly to benefit from the business of HTC’s Android-based devices. Here we would like to update our readers that Nokia’s ability to continuously file and win so many infringement lawsuits against HTC and others is largely accountable to their strong patent portfolio and is supported by efficient patent portfolio management and the fact that the © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: email@example.com
company has adequately invested its resources in patent mining and infringement watch. Patent mining and infringement watch searches analyze patents of a portfolio in both qualitative and quantitative manner to identify the licensable patents or patents which are most likely to be infringed and ascertain that no products in the market are infringing upon a patent in the portfolio. Nokia vs. Apple: An Epic Patent War between Two Giants Nokia Corporation has sued HTC Corp. for infringing its “024 patent” The patent war between Nokia and Apple began back in 2009 when Nokia sued Apple over 10 patents related to devices compatible with GSM, UTMS (3G WCDMA) and wireless LAN standards, and covering wireless data, speech coding, security and encryption. Nokia alleged that all iPhone models released since 2007 infringe on these patents. The suit was filed in a U.S. District Court in Delaware. Later, Apple countersued Nokia over 13 patents related to Apple’s basic computing technologies in Dec, 2009. Then after, patent disputes between Apple and Nokia escalated. Nokia took the fight to the International Trade Commission in Jan, 2010 and Apple also filed an ITC complaint against Nokia over 9 patents seeking to block U.S. imports of mobile phones. Apple-Nokia patent fight continued and Nokia extended its complaints to Apple’s iPad. Nokia claimed that Apple’s products, including the iPad WiFi + 3G, use Nokia’s intellectual property related to enhanced speech and data transmission, the use of positioning data in applications, and compact, increased-performance antenna designs. These include 3G, 2G, and Wi-Fi networking, built-in cameras, click wheels, and some more complex technologies like a “programmable voltage-controlled oscillator.” In 2010, Nokia and Apple also took their first German suit/countersuit to the Federal Patent Court of Germany when Apple for the first time had sued Nokia in UK and Germany over 9 patents and it was countersued by Nokia over 4 patents. In 2010, Nokia’s share of the market had fell to 39.3% in the third quarter from 42.3% a year earlier. As such, analysts noted that Nokia just wants royalty payments from iPhone (and iPad) sales, rather than a full injunction. This would afford Nokia about $6-12 per iPhone and $10-17 per iPad. At that time, the strength of Nokia’s patent portfolio and its possible use in favor of the company’s business was not realized. That occurred in 2011, when Nokia filed a second ITC complaint against Apple alleging that Apple infringes upon additional Nokia patents in virtually all products including its mobile phones, portable music players, tablets and computers. Those 7 Nokia patents in the new complaint were related to Nokia’s pioneering innovations that Apple was using to create key features in its products in the areas of multitasking operating systems, data synchronization, positioning, call quality and the use of Bluetooth accessories. In mid-2011, thus, Apple had to agree to pay Nokia an undisclosed one-time sum and recurring royalties for violating 46 of its patents. Assuming that most of Nokia’s current royalty revenue comes from Apple and considering that iPhone sales are on rise every year, it is certain that Nokia is benefitting hugely from its intellectual property. For the creation of such a strong patent portfolio, Nokia had spent millions of dollars in R&D over the past decade. The Finnish tech giant realized this long time back that 4G LTE patents and other wireless standard patents are likely to get more valuable with time as carriers around the world would eventually transit to the new wireless standard supporting 4G making it a mandatory requirement that greater number of handsets use this platform. One of the pre-requisites for gathering such an insight of the technology domain is the know-how of the patent landscape that describe the patent situation for a specific technology in a given country, region or on the global level. © 2007 - 2013 Sagacious Research. All Rights Reserved. Website: www.sagaciousresearch.com Email: firstname.lastname@example.org
Nokia must have taken an informed decision to do a state-of-the-art search for the technology of interest and analyzed its results to seek answers to questions such as, “What is the pattern of patenting activity in this technology/domain?” or What technology areas competitors are focusing on?, etc. However, such a detailed and comprehensive patent landscape analysis requires professional intervention. Sagacious Research professional patent & IP search services can help find answers to the above questions in a surprisingly easy manner. We create quality patent landscape reports accompanying the state-of-the-art search results with further insights into innovation trends, diversity of solutions for a technical problem, etc. in area of our client’s interest. We also facilitate the understanding of these, otherwise, complex research results by giving our recommendations based on the empirical evidence provided by the search and analysis. Thus, companies can not only get a snapshot of the patenting situation at a certain point in time for the technology area of their interest but also make informed policy discussions and do strategic research planning, like Nokia did to profit from its patent 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: Apple Wins 36 New US Patents. Read: http://ow.ly/pB6oo Nokia Wins Patent Lawsuit against HTC. Read: http://ow.ly/pB6AN US Patent Filings for AMOLED Technology Surging. Read: http://ow.ly/pB6AN Semiconductor Global IP Market to Reach Mark of $5.7 Billion by 2017 Read: http://ow.ly/oTuSR. AB O UT SAGAC I O U S R E S EAR 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 NTAC T SAGAC I O U S R E S EAR 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 © 2007 - 2013 Sagacious Research. All Rights Reserved. Web: Website: www.sagaciousresearch.com email@example.com Email: firstname.lastname@example.org www.sagaciousresearch.com
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