Patent Searching Guide for Conducting Patent Searches in Asia - China, Japan, Korea, Singapore, Malaysia, India, Indonesia, Hong Kong - Patent Attorney for Filing PCT Foreign Patents
Freedom To Operate Search- Opinion and AnalysisSagacious IP
Only patented documents are relevant for FTO search. That is its major difference from a patentability search. You don’t have to consider all prior-arts or un-patented data for your search.
Gone are the days when the only way to find relevant patents was to hire a patent attorney. There are many public tools that allow a person to:
* Find Relevant Patents in the US and Abroad.
* Find Published Applications that are in the pipeline but not yet Issued.
* Look to see whether a pending application is heading towards allowance or trash heap.
* Automatically monitor for relevant publications of patent applications.
* Check to see who owns relevant patents.
Guide for effectively utilizing patent information for business needsIntepat IP
Leverage to use the patent information available in WIPO and learn to know how effectively can be utilized.
We, at Intepat, can help you to conduct the patent search in WIPO, ESPACENET, and various global patent database, thereby makes you get depth and informative details from the patent.
Call us Now at +91-80-42173649, We will listen to your need!
Freedom To Operate Search- Opinion and AnalysisSagacious IP
Only patented documents are relevant for FTO search. That is its major difference from a patentability search. You don’t have to consider all prior-arts or un-patented data for your search.
Gone are the days when the only way to find relevant patents was to hire a patent attorney. There are many public tools that allow a person to:
* Find Relevant Patents in the US and Abroad.
* Find Published Applications that are in the pipeline but not yet Issued.
* Look to see whether a pending application is heading towards allowance or trash heap.
* Automatically monitor for relevant publications of patent applications.
* Check to see who owns relevant patents.
Guide for effectively utilizing patent information for business needsIntepat IP
Leverage to use the patent information available in WIPO and learn to know how effectively can be utilized.
We, at Intepat, can help you to conduct the patent search in WIPO, ESPACENET, and various global patent database, thereby makes you get depth and informative details from the patent.
Call us Now at +91-80-42173649, We will listen to your need!
Based on and expanded from a course given in China in 2016, this training course is aimed at IP information providers, particularly in Asia, who are considering adding Japanese legal status information to their offerings. It also is aimed at investment and analysis firms that are seeking to strengthen and expand the range of their analyses.
Part I, Overview will be maintained on SlideShare. Other parts are restricted to on-site training use.
This is an early release. Check for updates.
Are you interested in patenting your invention but don't know where to start? Patent searching is the first step in the patent application process; it ensures your invention is new and thus eligible for a patent. Learn the 7-Step search process through this presentation offered as part of Milwaukee Public Library's Patent 101 program.
It is focused to provide basic knowledge on prior art search for new intellectuals in the field of IPR. It includes Basic knowledge of Prior art, File wrapper analysis, not list preparation, and one of the important law of Prior Art.
USPTO Patent Search : Unleash the Power of Unexplored Ideas | InventionIPInvention ip
This informative PowerPoint presentation by InventionIP explores the importance of mastering the USPTO Patent Search for fostering creativity and innovation. Discover the steps to conduct a thorough patent search, leverage patent search for innovation, and understand the process of filing a patent application with the USPTO. Gain insights into avoiding reinventing the wheel, validating ideas, identifying potential partners, and staying ahead of the competition. Uncover the power of the USPTO Patent Search and revolutionize your patent search process.
Visit our website at www.inventionip.com
Patent Searches and Invalidity Search in USA & CanadaInvention ip
Explore the depths of intellectual property with our expert Patent Searches in the USA. Whether you're navigating the competitive landscape or ensuring the validity of your patents, our services go beyond the surface. Dive into the world of innovation with our specialized Patent Invalidity Searches in the USA, meticulously designed to protect your intellectual assets. Trust us to provide thorough insights, backed by cutting-edge research, empowering you to make informed decisions.
Key Features:
In-depth Patent Searches tailored for the USA market
Rigorous Patent Invalidity Searches to safeguard your innovations
Expert analysis to guide strategic decision-making
Don't leave your intellectual property to chance – secure your innovations with our comprehensive patent services. Visit www.inventionip.com now to explore the possibilities and protect your intellectual legacy.
Freedom to Operate in the Pharmaceutical SectorAdrian Bradley
This presentation covers the essential aspects of planning and executing a freedom to operate or patent clearance exercise in the pharmaceutical sector. It deals with the search phase, the analysis phase and the follow-up phase. It is relevant for in-house IP attorneys and development managers.
Intellectual Property Strategy - Drive Oregon Event - February 2014Forth
Presentation by John Russell and Anna McCoy, of Alleman Hall McCoy Russell & Tuttle LLP. More information about the presenters and their firm is available at: http://www.ahmrt.com/
Based on and expanded from a course given in China in 2016, this training course is aimed at IP information providers, particularly in Asia, who are considering adding Japanese legal status information to their offerings. It also is aimed at investment and analysis firms that are seeking to strengthen and expand the range of their analyses.
Part I, Overview will be maintained on SlideShare. Other parts are restricted to on-site training use.
This is an early release. Check for updates.
Are you interested in patenting your invention but don't know where to start? Patent searching is the first step in the patent application process; it ensures your invention is new and thus eligible for a patent. Learn the 7-Step search process through this presentation offered as part of Milwaukee Public Library's Patent 101 program.
It is focused to provide basic knowledge on prior art search for new intellectuals in the field of IPR. It includes Basic knowledge of Prior art, File wrapper analysis, not list preparation, and one of the important law of Prior Art.
USPTO Patent Search : Unleash the Power of Unexplored Ideas | InventionIPInvention ip
This informative PowerPoint presentation by InventionIP explores the importance of mastering the USPTO Patent Search for fostering creativity and innovation. Discover the steps to conduct a thorough patent search, leverage patent search for innovation, and understand the process of filing a patent application with the USPTO. Gain insights into avoiding reinventing the wheel, validating ideas, identifying potential partners, and staying ahead of the competition. Uncover the power of the USPTO Patent Search and revolutionize your patent search process.
Visit our website at www.inventionip.com
Patent Searches and Invalidity Search in USA & CanadaInvention ip
Explore the depths of intellectual property with our expert Patent Searches in the USA. Whether you're navigating the competitive landscape or ensuring the validity of your patents, our services go beyond the surface. Dive into the world of innovation with our specialized Patent Invalidity Searches in the USA, meticulously designed to protect your intellectual assets. Trust us to provide thorough insights, backed by cutting-edge research, empowering you to make informed decisions.
Key Features:
In-depth Patent Searches tailored for the USA market
Rigorous Patent Invalidity Searches to safeguard your innovations
Expert analysis to guide strategic decision-making
Don't leave your intellectual property to chance – secure your innovations with our comprehensive patent services. Visit www.inventionip.com now to explore the possibilities and protect your intellectual legacy.
Freedom to Operate in the Pharmaceutical SectorAdrian Bradley
This presentation covers the essential aspects of planning and executing a freedom to operate or patent clearance exercise in the pharmaceutical sector. It deals with the search phase, the analysis phase and the follow-up phase. It is relevant for in-house IP attorneys and development managers.
Intellectual Property Strategy - Drive Oregon Event - February 2014Forth
Presentation by John Russell and Anna McCoy, of Alleman Hall McCoy Russell & Tuttle LLP. More information about the presenters and their firm is available at: http://www.ahmrt.com/
ENT101 Season 3 - IP Management - Norton Rose FulbrightNORCAT
Intellectual property (IP) is the lifeblood of every knowledge-based startup or venture. In “IP Management”, learn how to identify and manage your intellectual property in a strategic way and examine how it fits in with your overall business model. A large part of your competitive advantage will depend on your ability to protect and properly exploit or commercialize your product or service innovations.
Introduction to Intellectual Property and Patent SearchingJohn Meier
This presentation provides an overview of copyright, patents, trademarks, and trade secrets. Patents are explained in detail, and strategies for effective prior art patent searches are explained.
Revolutionizing Web Navigation with Machine Learning: A Comprehensive ML Inno...Rahul Dev
Discover the transformative power of machine learning in enhancing web navigation via an innovative application of machine learning technologies to overcome the challenges of traditional web navigation, offering a seamless and intuitive online experience.
https://patentbusinesslawyer.com/machine-learning-innovation-and-ml-patent-strategy/
- Web Navigation Challenges: Explore the complexities of current web designs and how they impact user experience.
- Innovative Solutions: Learn about our proposed machine learning-driven predictive web navigation system that personalizes user experience.
- Industry Applications: See how machine learning is revolutionizing various sectors, from finance to healthcare.
- Predictive Web Navigation: Delve into the concept of predictive web navigation and its benefits in enhancing user engagement and website efficiency.
- Implementation Strategy: Gain insights into the steps for implementing this machine learning approach, including data collection, model development, and optimization.
- Future of Web Navigation: Understand the potential future applications of machine learning in digital environments.
🌐 Who Should Watch?
- Web Developers and Designers seeking innovative approaches to improve user experience.
- Business Strategists and Digital Marketers looking to enhance website efficiency and engagement.
- Technology Enthusiasts and Students interested in the practical applications of machine learning.
- Industry Professionals in IT, Finance, Healthcare, and more, exploring the impact of AI and machine learning in their fields.
🚀 Why Watch?
- Stay ahead in the digital landscape by understanding cutting-edge machine learning applications.
- Gain actionable insights to improve web navigation and user engagement.
- Learn about the future trends in machine learning and AI.
Current web navigation is hampered by varied and complex website designs, leading to inefficient user experiences.
Traditional web guidance methods are processing-heavy and lack adaptability to diverse web structures, resulting in generalized and ineffective user assistance.
This case study proposes a machine learning-driven predictive web navigation system. This system tracks user web interactions, using this data to predict and recommend personalized navigation paths. This approach not only streamlines user experience but also aids website administrators in optimizing site layout for better navigability.
This case study delves into the application of machine learning for improving web navigation, emphasizing its potential to enhance user engagement and inform smarter website design.
Introduction to Machine Learning
- Definition and significance of machine learning.
- Differentiation between machine learning, deep learning, and neural
Training Session | Trademark Basics | Brand Protection StrategyRahul Dev
Training session for students, lawyers and business professionals to understand trademark basics and brand protection strategies:
https://patentbusinesslawyer.com/training-session-trademark-basics-brand-protection-strategy/
This session is designed for students, lawyers and business professionals to understand trademark basics and brand protection strategies.
Lawyers advise the clients to protect their brands by way of trademarks.
Brand managers work internally to build a brand that will help the company in positioning their products and services uniquely as compared to the competitors.
Effectively, companies work with external lawyers and law firms to obtain protection of their creative branding assets by way of trademarks.
As a result, lawyers and law firms act as an interface between the brand owners and the government or specifically, the trademark office to obtain trademark registrations covering unique brands.
A company can own multiple brands covering their entire range of products and services. Similarly, a single brand can be protected by way of multiple trademarks to ensure complete protection.
For example, in case of McDonald’s, you have a unique logo comprising of iconic golden arches and of course, the unique brand name written as “McDonald’s”.
There’s also a unique tagline that states “I’m loving it”.
From the perspective of brand owner, this requires trademark protection by filing separate trademarks for each of these elements, along with another set of trademark applications to protect these in combinations.
Such trademark applications to protect the combinations will cover brand name plus logo, brand name plus tagline, logo plus tagline, and, brand name plus logo plus tagline all together.
This type of brand protection strategy is essential to reduce the chances of unauthorised use of the brand and helps the brand owner in strong enforcement of trademark rights in case of trademark infringement.
As a case study, let’s assume that a client approaches a law firm for a meeting with a new business idea.
The new business idea is about starting a fitness studio along with an in-house cafe offering healthy food and drink options.
Let’s further assume that the brand name selected by the client is EndureFit.
So the first and foremost discussion should be around various aspects of business model.
Let’s understand the consumer facing aspects to begin with.
To avail the business benefits, the consumer has to walk into this fitness studio and complete the registration process to become a member.
Subsequently, member can avail services like using the fitness equipments, or availing additional services like personal training, diet planning or buying healthy foods and drinks from the in-house café.
Before filing a trademark, it is extremely important to review the intersection between the brand and the consumers.
Patent Search: https://patentbusinesslawyer.com/patent-searches-guide-for-inventors/
The objective of conducting a patent search before filing a patent application is to ensure that there are no roadblocks in the form of existing publications. Such existing publications are known as prior art. Generally, the prior art includes the granted patents, published patent applications and non-patent literature covering research papers, technical and scientific publications, blogs, websites or any publication available in the public domain.
2. Contents of Patent Search Report
A patent search report includes summary of the invention or proposed innovation, list of novel features of the invention, search strategy followed by the patent searcher or patent attorney, summary of all the relevant search results covering both patent and non-patent literature, listing of relevant sections of prior art references, analysis of patentability or patent eligibility of the invention, patentability opinion and the disclaimer.
3. Conducting a Patent Search
A patent attorney conducts a patent search to advise clients regarding patent eligibility before filing a patent application. The process to conduct the patent search includes understanding all the novel features of the invention, determining relevant keywords, deciding all the applicable patent classifications, preparing patent search strings using various combinations of keywords and patent classifications, and, conducting the patent search using these search strings across multiple database resources covering the patent and non-patent literature.
4. Compiling Patent Search Results
After conducting a patent search, the next step is to compile the patent search results. Patent attorneys usually list the patent search results into two categories, namely patent search results and non-patent search results. The patent search results include list of relevant patent publications (granted patents and published patent applications), whereas the non-patent search results include list of relevant non-patent literature.
5. Patentability Analysis
The patentability analysis involves comprehensive review of the search results. Specifically, the goal is to compare the features of the invention with the disclosure of the prior art. As a result of this comparison, the patent searcher is able to determine whether all the features of the invention are disclosed together in exactly the same format in the prior art, be it a single prior art or a combination of prior arts.
6. Patentability Opinion
The patentability opinion is a summary of the patentability analysis written in the form of an existing overlap or a lack of overlap between the features of the invention and the prior art references. An extensive opinion written by a patent attorney includes separate assessment of the patent eligibility from the perspective of novelty as well as inventive step.
7. Disclaimer
Adding a disclaimer at the end is important.
Valuation of Patents and Intellectual Property AssetsRahul Dev
Patent Valuation process covers analysis of scope of patent claims along with risk assessment and financial projections.
Source: https://patentbusinesslawyer.com/patent-valuation-valuation-of-intellectual-property-assets/
Patent valuation process includes overview of patent and valuation aspects followed by patent valuation approach. Overview of patent covers reviewing patent filing date, patent priority date, countries where patent has been granted, title and abstract of patent, along with scope of granted patent claims.
Patent Valuation Procedure
The patent valuation procedure covers the NPV (Net Present Value), Future Value Forecast, and, Financial Modelling to Estimate Cash Flows. The cash flows are estimated with discounting for patent contribution and discounting for patent risk assessment.
Patent Risk Assessment
The risk assessment of a granted patent is aimed at analyzing the validity of granted patent claims, possibilities of design around patents, and potential risks associated with infringement lawsuits.
Patent Valuation Approach
The patent valuation approach covers different factors, like, the size of market, market share, annual growth rate, per unit price, profit margin, and feasibility of making the patented product.
Patent Valuation Methods
The patent valuation is done by different approaches. Two methods are basically used for patent valuation
1) Quantitative Approach - which uses numerical and economic data to measure the value of the intellectual property.
2) Qualitative Approach - where the analysis of the potential uses of the intellectual property is done. It deals with the opportunities and risk associated with the intellectual property of the company.
The methods used in qualitative approach are:
A. Cost method
This approach indicates that the patent’s value is the replacement cost, which is the amount that it would cost to replace the item. Simply put, it would be the amount it would cost to replace the invention.
B. Income method
The patent’s value will be the present value of the cash flow or cost savings that it will help provide. For example, let’s say a company patents a product. The reason for patenting the product is because the company is expecting to increase its capital based on the sale of that product, or may expect to save money based on the invention.
Therefore, that expected amount will be the value of the patent when using the income method. This method can be further divided into ‘profit contribution’ and ‘royalty.’ The profit contribution is the profit credited to a patent. The royalty is the income stream expected if a licensing agreement is entered into.
C. Market method
Using this method, you’ll need to determine what a potential buyer would pay for a similar product or service. Therefore, you can value your patent by looking at similar patents.
Software Patent Case Study - Trademark Filing and Contract DraftingRahul Dev
Recently, a mid-size Software Development Company approached our firm to perform due diligence of its business model with a view to determine potential legal risks. The goal was to rectify the risks for efficient working of the company with minimum legal liability and strengthen intangible assets of the company for increased business valuation.
Deliverables:
(a) We filed two patents covering #IoT and #AI products developed by the client, thereby handholding the client from services to products.
(b) We filed trademark applications in six relevant classes covering all the business aspects.
(c) We drafted strong contracts to cover client's interest during project development transactions while providing services, hiring contracts to ensure best practices while balancing employer's and employee's interests, and fundraising documents (pitch decks, financial projections, term sheet and shareholders agreement) to bring an angel investor onboard.
#business #technology #patents #legal #strategy #investments
Software Patents in India - How to File a Patent ApplicationRahul Dev
Overview of software patents in India. Guide to file a patent application in India. Insights by patent attorneys in India
Here are 5 steps to draft patent claims and write patent applications for inventions and technologies belonging to the field of Software, Mobile Apps, Cloud Computing or Internet of Things (IoT): https://patentbusinesslawyer.com/2018/03/23/how-to-get-a-patent-in-india-for-software-mobile-applications-and-computer-related-inventions-iot-internet-of-things-patent-landscape/
Thoroughly understand the innovation as a problem-solution approach
Prepare flow diagrams (flowcharts) to cover all aspects of the processes disclosed by the innovation.
Prepare system architecture (block diagrams) illustrating all hardware elements connected via network
Ensure proper sync between the flowcharts and block diagrams
Draft patent claims (system or apparatus) covering all elements of block diagrams along with process (method) claims
Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.
Why are Software Patents not available in India?
When the set of patent claims are written for web based software just stating various method steps and without disclosing what apparatus and/or structural component are carried out by the said steps in that case the invention falls within scope of clause (m) of section (3) of the Patents Act, 1970 (as amended).
Software Patents Granted in India
Patent applications claiming computer related innovations, software and mobile applications can be patented in India if patent claims are drafted to protect the innovative aspects of such inventions. Specifically, the innovative aspects can include inventive process / methods along with inventive apparatus / system (hardware components).
https://patentbusinesslawyer.com/2017/03/03/role-of-patent-attorney-internet-of-things-technology-and-iot-laws/
Drafting Software Patents: Writing a patent application for software or mobile applications and drafting corresponding patent claims are highly technical jobs. Drafting various sections of a patent application is really challenging, as these have to be in accordance with formats specified by the patent office. Specifically, writing patent claims is most crucial part of patent drafting process: https://www.techlaw.attorney/ultimate-cheat-sheet-for-drafting-software-patents-patent-application-writing-guide/
What are the advantages of filing a patent?
A patent offers legal protection for new innovations and business ideas by securing the rights of the inventors. Drafting and filing of patent application is a comprehensive process involving identifying novel and inventive features of the invention, conducting a prior art search covering patent and non-patent literature, determining patentability of invention, drafting strong set of patent claims and writing detailed description of invention enlisting best mode of working, filing of patent application and complying with all applicable procedures, handling patent office objections by way of amendments and arguments, obtaining patent registration certificate, and paying the renewal fee to maintain the status of patent.
Patent attorneys are licensed by the patent office to solve patent related problems for the clients. Job of patent attorney begins from the initial stage of patent search, and continues till patent prosecution stage that includes regular interaction with the patent office to counter the objections raised by the patent examiner by way of patent office actions. Patent attorneys also manage international patent filings through network of foreign patent counsels that results in creation of a global patent portfolio. Patent attorneys also investigate potential patent infringement by third-parties, and work closely with clients in enforcing patent rights by way of cease and desist notices, patent oppositions, patent infringement lawsuits etc.
Internet of Things (IoT) and Connected Cars - Patent Landscape Highlighting T...Rahul Dev
Smartphone patent litigations across the world gained traction during early years of influx of path-breaking devices, including the likes of Apple iPhone and Samsung series (S, Note, Galaxy etc.). Most of such lawsuits seem to have settled by now excluding a few that are still ongoing but the battlefront of patents in mobile technology has now shifted to a new sector, i.e. in-car technology facilitating connected cars via digital dashboards that represents one of the hottest categories among Internet of Things (IoT).
Going by technology trends, future of tech innovations strongly depends upon the Internet of Things, commonly referred to as IoT, which facilitates communication between everyday objects via Internet. Such communication is amplified and brought to consumer utility by the powerful smartphones, tablets and wearable devices.
Patent Strategy – IoT and Connected Cars
Companies working in technology sectors such as IoT and Connected Cars, which are capable of disrupting the industry, need to have a well-formulated patent strategy in place to tackle the associated challenges. First and foremost, it is crucial to analyse appropriate Freedom To-Operate (FTO) by reviewing scope of existing patents with a view to obtain product clearance and to avoid patent infringement. Secondly, validity of in-house patents has to be ascertained along with patentability analysis of in-house innovations. Lastly, a strong and enforceable patent strategy can be formulated if global patent landscape studies are conducted as innovations in the field of IoT and Connected Cars are spanned across multiple jurisdictions.
Patent Basics and Intellectual Property Rights Rahul Dev
Intellectual Property Rights, Basics of Patents, Case Studies & Examples for Business Owners Technology Companies, Startups and Research Institutes - Expert insights by patent attorneys and international business lawyers - http://www.techlaw.attorney
IPR Protection for Hardware Startups - Patents, Trademarks, Copyrights and De...Rahul Dev
Importance of patents and other intellectual property rights (Patents, Trademarks, Copyrights and Designs) for technology and hardware startups
Basics of Intellectual Property Rights for Hardware Startups
Considering the dynamically changing landscape of hardware products due to latest developments in technology and introduction of lean manufacturing methods, it has become feasible to launch a hardware startup that solves a real world problem.
However, while starting a business involving hardware as core product, adequate considerations must be given to issues related to Intellectual Property Rights (IPR).
IPR Protection for Hardware Startups - Patents, Trademarks, Copyrights and Designs from Rahul Dev, Advocate, Patent Attorney, Trademark Lawyer, India
Hardware vs. Software
While discussing intellectual property (IP) protection with regards to latest technological developments, most of attention is attributed towards software, especially software patent protection, subject matter eligibility with reference to latest court decisions, and copyright protection for software code. Whereas in case of hardware related products, IP protection is entirely different.
During the course of product development, hardware is different from software as software product development broadly includes the steps of working on the concept, developing the prototype, and evaluating whether the product is sellable or not. In contrast, hardware product development requires an additional step of evaluating whether it is feasible to manufacture the hardware product.
Prototyping and Crowdfunding
Subsequently, to evaluate if it is possible to manufacture the hardware, prototyping of the product is extremely crucial. However, it is a cost intensive process and hence, crowdfunding is a favourable option. Few famous crowdfunding websites include the likes of Kickstarter and Indiegogo. Kickstarter is a quick and easy way to turn ideas into reality, however, when it comes to IPR, crowdfunding sites are like a can of worms.
Exclusivity of Idea
One of the major issues of raising funds via sites like Kickstarter and Indiegogo is to ensure exclusivity of the idea. In case product is not exclusive, anyone is free to execute without obtaining any permissions from the original owner. Therefore, establishing ownership of product is must before initiating the crowdfunding process.
Design Registration
IPR protection for hardware is not limited to patents, and design rights act as an important ownership tool to protect the product. It is very common for competitors to copy the aesthetic looks of a product as consumers relate to products majorly based on the looks. For example, Apple vs. Samsung lawsuit in US was based on infringement of design patents, in addition to utility patents.
Whats exactly wrong with Uber - Legal Issues in Marketplace Services Business...Rahul Dev
Uber’s real problem is conflict of interest. Uber operates (or pretends to operate) and legally structures itself as a technology company but ends up providing taxi services, without obtaining required licenses and permits as required by local laws of each city.
US Patent Litigation CSIRO v. Cisco - Judge Davis's Damages Calculation of Re...Rahul Dev
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
How to calculate damages during patent infringement?
In case of patent infringement, there are two types of damages: (a) Loss Profits, and (b) Reasonable Royalty. Loss profits imply additional profits that the patent owner would have made if there had been no patent infringement. Reasonably royalty on the other hand implies minimum damages that a patent owner can receive pertaining to a reasonable amount that someone would have agreed to pay to the patent owner for using the patented technology and patent owner would have accepted.
Provisions related to Patent Damages as per US Patent Law
In accordance with the provisions of US patent laws (35 U.S. Code § 284 – Damages), section 284 states that a patentee is entitled to damages adequate to compensate for any infringement and that compensation cannot be less than a reasonable royalty for the use made of the invention by the infringer.
How to determine “reasonable royalty” damages?
In past, various federal courts in US have clarified that in case patentee is unable to prove actual damages (i.e. loss profits), there exists no single methodology to determine reasonable royalty damages.
Standard Essential Patents (SEPs)
Technical standard across various industries are defined by standards organizations (SDOs) that can be patented by private companies to protect their research and development activities. Such patents relating to standardized technology may be used by patent owners to pressurize the market and create monopoly to prevent competition. Accordingly, the SDOs require their participants do disclose patents covering standards prior to adoption. SDOs further require the patent owners to license such patents on “fair, reasonable and non-discriminatory” (FRAND) terms.
However, FRAND terms have been core of various patent infringement lawsuits, specifically in the smartphone industry, wherein the industry standard covers core features of any smartphone, such as, for example, wireless connectivity (WiFi), Bluetooth, GPS (location capabilities), and the like.
WiFi Standard Essential Patents (SEPs)
Patents Granted by Indian Patent Office in August 2014 - OverviewRahul Dev
Indian Patent Office grants patent after thorough patent examination process and granted patents in India are published by the patent office every Friday by way of Indian Patent Office Journal.
Here is a brief overview of patents granted by the patent office in August 2014
Elon Musk Has Promised Not To Enforce Tesla Patents - Here Are 5 Similar Exam...Rahul Dev
Tesla recently published a blog that Tesla is opening up its patents to competitors and will not initiate patent infringement lawsuits against any party that wishes to develop further technologies based on Tesla Patents, all in good faith.
It does not imply that tesla is joining Open Source movement, Tesla's press release begins with a dramatic statement, “Yesterday, there was a wall of Tesla patents in the lobby of our Palo Alto headquarters. That is no longer the case. They have been removed, in the spirit of the open source movement.”
It is a strategic and well thought-out business decision. There are two ways to increase your revenue: (1) fight for a larger market share; (2) increase the size of the market.
In the world of electric cars, which represent less than two per cent of automobile market, the competition comes not from other electric car makers, but from cars that run on gasoline. Fighting for a larger market share makes little sense, particularly for Tesla, the undisputed market leader. Consumers don’t rush to buy electric cars because there are not enough charging stations. And businesses do not rush to invest in building charging stations until there are enough cars to use them. The solution: never mind your slice; increase the size of the pie. Patents don’t help to do that. They serve as entry barriers. Hence, the logical solution is to open the patents to competition.
There are more such examples of free patent licensing by HP, GSK and other companies.
Health and Fitness Tracking Devices - Trends 2014 | Top Players: Apple, Nike,...Rahul Dev
Health & Fitness Tracking Trends: 2014
Rahul Dev is a recognized industry expert in Intellectual Property, Patent Strategy & Technology Consulting. He assists clients in formulating profitable and sustainable Patent & IP Strategy for international business.
As a Patent Attorney & Business Lawyer, he is invited to speak at various International events, News Channels, National & International Conferences, Workshop for CEOs, Govt. Events.
He is an active blogger & his views have been published by International Publications, Economic Times, Law Journals, Tech Magazines, Digital News Networks.
International Law Firms, Executives from Technology Corporations, Investors, Entrepreneurs & Startups worldwide (US, EU & Asia Pacific) consult him on Patents, Trademarks, Intellectual Property Rights, Product Strategy, Technology Development, Corporate & Securities Law, Technology Ventures, Financing, Fundraising and International Business Advisory.
He works closely with patent attorneys worldwide for patent drafting, prior art searches & patent research (analytics), in field of Software Patents, Wireless Communications Patents, Mechanical Patents, Medical Devices, Healthcare, Life Sciences & Genetic Engineering Patents.
He serves as SME & Startup Mentor @SMBconnect.in & visiting faculty at Global Institute of Intellectual Property (GIIP).
His qualifications are BS, MS, MBA & LLB (JD).
He is member of Bar Council of India, Delhi Bar Council, Indian Patent & Trademark Office, Delhi High Court Bar Association.
In past, Rahul has worked with Amarchand Mangaldas, largest Indian Law Firm.
As a business savvy technology lawyer & strategic patent attorney, he serves as:
✈ Founder & Director, Tech Corp International Consultants (Singapore), APAC Technology, Business & Management Consulting Company
✈ Founder & Partner, Tech Corp Legal LLP, Indian law firm (BioCorpLegal & CyberCorpLegal Services)
✈ Closely associated with two international patent law firms (US, Asia)
Specialties: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement
Analysis of online website terms and conditions of use between amazon flipkar...Rahul Dev
Website and online terms and conditions at reasonable fixed price from Indian Web lawyer| Internet Cyber Lawyer in India
Details: http://wp.me/p2PCVq-NS
Website terms create a binding contract between the buyer and the seller
Although the terms are drafted to secure seller’s interest, consumer rights shouldn’t be ignored
Businesses should also take strict measures to protect their own intellectual property rights by filing appropriate copyrights, trademarks, patents and design protections both domestically and internationally, which ensures strong brand protection in the digital world.
Difference between Microsoft Nokia Acquisition and Google Motorola Deal - Pat...Rahul Dev
Microsoft reaches $7.2B deal for Nokia smartphones business. Microsoft acquires comprehensive patent portfolio of all Nokia Devices, and license and use Nokia’s mapping services
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
2. 2
Asian Patent Searches – Patent and Non-patent Literature
• General Patent Search – Patent Scan Search
• Novelty Search – Patentability Analysis
• Patent Validity Search – Invalidation Analysis
• Patent Infringement Search – Infringement Analysis
• State of Art Search – Patent Technology Landscape
• Freedom to Operate – Product Clearance Analysis
• Design Patent Search
3. 3
General Patent Search in Asia – Patent Scan Search
• Done before filing a patent
• Low cost, basic and general patent search
• Brief analysis of concept of proposed invention
• Keywords used to form basic patent search strings
• Abstract / brief description of invention needed
• Known prior art used to scan field of invention
4. 4
Novelty Search – Patentability Analysis in Asia
• Systematic prior art search to determine patent eligibility
• Based on patent classification followed by patent offices
within Asia
• Search strings include combination of keyword with patent
classification
• Aimed at determining novelty / patentability of a new
invention
5. 5
Patent Validity Search – Invalidation Analysis in Asia
• First step includes determination of patent claims or relevant
features of interest of proposed invention
• Aimed at determining documents or prior art that can be
used to invalidate the proposed invention
• Search strings include combination of keywords, patent
classification & forward / backward patent citations
• Patent / non-patent references are equally relevant
6. 6
Patent Infringement Search – Infringement Analysis in Asia
• Aimed at searching patents that may be infringed by the
manufacture, sale or use of a specific article, apparatus or
process covered under proposed invention
• Legal status of relevant patents extremely important
• Search focused on relevant claims that are enforceable in
jurisdiction (country) of interest
7. 7
State of Art Search – Patent Technology Landscape in Asia
• Aimed at highlighting a particular technology sector
• Search includes granted patents and patent publications
within a specific area of interest
• Goal of search is important to perform analysis
• Technology landscape and state of art search results can be
used for product positioning within markets of interest
8. 8
Freedom to Operate – Product Clearance Analysis in Asia
• FTO Search covers pending patent applications and granted
patent applications in a particular jurisdiction
• Product Clearance Search includes legal status
• Jurisdiction / country of interest is crucial for FTO search and
analysis
• Conducted for technology that is crucial for product launch
9. 9
Design Patent Search in Asia
• Searches conducted against a specific design
• Aimed at establishing novelty of design
• Can also be used to ascertain validity, right-of-use, or state-
of-the-art
• Locarno classification used to define search strings
• Analysis of design images included in design patents is
crucial