Software Patent Case Study - Trademark Filing and Contract Drafting
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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
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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
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However, patent rights become questionable and debatable when these are sought in respect of pharmaceutical drugs, medical devices, surgical techniques, diagnostic tests, personalized medicines and research tools related to healthcare. Across Western jurisdictions, patents have been sought for artificial plant varieties (hybrid plants, genetically modified plants etc.), animal species created with human intervention (Harvard Oncomouse, Dolly the Sheep etc.), and methods of human treatment. Due to the presence of numerous patents in the field of healthcare, it imminently results in the requirement of large number of licenses to access patented technology, which subsequently leads to increased cost of treatment because of accumulation of royalties (royalty stacking) to be paid to the patent holders. Therefore, in developing countries like India, it becomes highly controversial as to whether to grant such patents to protect Intellectual Property Rights (IPR) or to focus on affordable healthcare by rejecting such patents.
Strategy, Scope and Focus
With a view to discuss implications of patents specifically related to breast cancer, we have researched and analyzed the breast cancer patent landscape in India and US, in light of latest legal developments, with special focus on Trastuzumab (a medicine which treats a form of breast cancer) and US Supreme Court judgement to overturn Myriad Genetics’ patents on the “breast cancer genes - BRCA1 and BRCA2”.
Breast Cancer and Patents
Basics of Patent Rights
As it is well known that patent protection is granted for a limited period of 20 years, wherein the patent holder holds exclusive rights for exploitation of the patented invention. Generally, patents are aimed at encouraging innovations by providing incentives to the patent holders by offering them recognition for their creativity.
Biotechnology Patents
In the field of biotechnology and healthcare, the cost of reparation is crucial, as the research in these fields is highly expensive. The financial investments can only be paid off if the companies can protect results by exclusive rights (patents) and gain the competitive advantage.
Gene Therapy Patents
Historically, there has been a close relation between gene therapy, patents and scientific advancements. Large pharmaceutical companies have invested huge amount of capital in patenting genes, either on their own or by acquiring small biotech companies. For example, Swiss pharmaceutical company Sandoz (subsidiary of Novartis) acquired Genetic Therapy Inc. of Gaithersburg, Md. In 1995, for about $295 million. At that point of time, Genetic Therapy held e
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2. The news feed algorithm determines the top stories to display based on the number of comments, who posted the story, and the type of post.
3. One patent filed by Facebook provides relevant third-party content to users based on matching their location, interests, and social connections with the location and timing of content objects.
Medical Devices: Technology, Emerging Sectors, Patent Trends and Roadblocks
The document discusses medical device technology areas and innovations. It outlines emerging sectors like personalized medicine and laboratory developed tests. It also describes patents related to heart assist devices. The latest trends involve remote patient monitoring, medical robotics, and renewable energy. However, high costs, complex regulations, and medical errors pose roadblocks to development. The document provides an overview of the medical device field.
Apple Vs Samsung: Patent War
In April 2011, Apple filed a suit in a US court against Samsung, claiming the South Korean manufacturer “slavishly copied” Apple’s design for its Galaxy phones. This suit was just the beginning of many others which were, and are still being replicated and counter-claimed across the world for multiple devices.
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Patent Basics and Intellectual Property Rights
The document discusses intellectual property rights (IPR) and intangible assets. It provides examples of patents, including brief descriptions. It notes that intangible assets do not exist in the physical world but can be characterized, valued, owned, transferred, and monetized. Brand image, secret formulas, and user bases are identified as some of the most valuable intangible assets, often worth more than physical plants and servers. Patents, trademarks, and copyrights are described as key types of intangible assets that can build brands and provide legal protection.
IPR Protection for Hardware Startups - Patents, Trademarks, Copyrights and De...
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.
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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 - Overview
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The document discusses 5 examples of companies that have freely licensed their patents:
1. In 2014, Tesla announced it would not enforce its patents in an effort to promote the electric car industry.
2. In 2000, Syngenta Seeds AG granted a free license for its Golden Rice patents to encourage development of vitamin A-enriched rice.
3. In 2002, Boehringer Ingelheim granted a 5-year license for its HIV drug patent to Aspen Pharmacare.
4. In 2009, Alnylam and GSK each freely licensed over 1500 and 800 patents, respectively, related to neglected tropical diseases.
5. In 2010, HP licensed 3 battery recycling patents to a common
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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...
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.
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Breast Cancer Patents Research - Myriad Genetics in US | Trastuzumab in India...
Breast Cancer – Patents
Executive Summary
Introduction
Breast cancer is a malignancy that effects women across the world and is most prevalent among various types of cancers. Patents are jurisdiction specific exclusive rights that are sought by innovators across various technological fields.
breast-cancer-ribbon
However, patent rights become questionable and debatable when these are sought in respect of pharmaceutical drugs, medical devices, surgical techniques, diagnostic tests, personalized medicines and research tools related to healthcare. Across Western jurisdictions, patents have been sought for artificial plant varieties (hybrid plants, genetically modified plants etc.), animal species created with human intervention (Harvard Oncomouse, Dolly the Sheep etc.), and methods of human treatment. Due to the presence of numerous patents in the field of healthcare, it imminently results in the requirement of large number of licenses to access patented technology, which subsequently leads to increased cost of treatment because of accumulation of royalties (royalty stacking) to be paid to the patent holders. Therefore, in developing countries like India, it becomes highly controversial as to whether to grant such patents to protect Intellectual Property Rights (IPR) or to focus on affordable healthcare by rejecting such patents.
Strategy, Scope and Focus
With a view to discuss implications of patents specifically related to breast cancer, we have researched and analyzed the breast cancer patent landscape in India and US, in light of latest legal developments, with special focus on Trastuzumab (a medicine which treats a form of breast cancer) and US Supreme Court judgement to overturn Myriad Genetics’ patents on the “breast cancer genes - BRCA1 and BRCA2”.
Breast Cancer and Patents
Basics of Patent Rights
As it is well known that patent protection is granted for a limited period of 20 years, wherein the patent holder holds exclusive rights for exploitation of the patented invention. Generally, patents are aimed at encouraging innovations by providing incentives to the patent holders by offering them recognition for their creativity.
Biotechnology Patents
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Medical Devices: Technology, Emerging Sectors, Patent Trends and Roadblocks
The document discusses medical device technology areas and innovations. It outlines emerging sectors like personalized medicine and laboratory developed tests. It also describes patents related to heart assist devices. The latest trends involve remote patient monitoring, medical robotics, and renewable energy. However, high costs, complex regulations, and medical errors pose roadblocks to development. The document provides an overview of the medical device field.
Apple Vs Samsung: Patent War
In April 2011, Apple filed a suit in a US court against Samsung, claiming the South Korean manufacturer “slavishly copied” Apple’s design for its Galaxy phones. This suit was just the beginning of many others which were, and are still being replicated and counter-claimed across the world for multiple devices.
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What are the common challenges faced by women lawyers working in the legal pr...
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
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6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaints
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
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