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TT Consultants Newsletter VOL. 12 (October 2014)


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TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual
Property Consulting firm providing services to more than 500 Companies,
universities and research institutes. With clients in more than 20 countries
worldwide including US, Europe, Canada, Japan, Singapore, South Korea,
Taiwan, India etc., we strive to deliver foremost patent prosecution and litigation
support. Innovation, knowledge and transparency, form the fundamental steps to
our company’s vision and mission

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TT Consultants Newsletter VOL. 12 (October 2014)

  1. 1. 12 th October 2014 Vol. CONSULTANTSApplying Intelligence to IP - Globally TAIWAN INDIA WASHINGTON DC © TT Consultants, 2014 Patent Litigation Support Patent Prosecution Support Competitor Monitoring Landscape Services Project Management Services Xlpat Labs Patent Search and Analytic Support News Letter
  2. 2. INDEX Page 1 // INDEX // October //2014 1. Headlines...............................................................................1 2. News India............................................................................ 3 3. News Japan............................................................................5 4. News China............................................................................8 5. Articles...............................................................................13 TT Consultants is an ISO-27001 and ISO-9001:2008 certified Intellectual Property Consulting firm providing services to more than 500 Companies, universities and research institutes. With clients in more than 20 countries worldwide including US, Europe, Canada, Japan, Singapore, South Korea, Taiwan, India etc., we strive to deliver foremost patent prosecution and litigation support. Innovation, knowledge and transparency, form the fundamental steps to ourcompany’svisionandmission Out and About
  3. 3. Headlines INDIA Headlines JAPAN  Patentconsiderations:US-Indiatraderelationship.  Pfizerwins patentforVoriconazoleinIndia.  OTCdrugmarkettoreach$6.6bnby2016.  Real-timeonlineappopensIndia’s patentprocesstopubliceye.  IndiaNeedsToShow ItValuesInnovation.  India’s intellectual property regime fully compliant with WTO norms: Government.  Govtformsthinktanktodraftpolicyonintellectualproperty.  Delhi'sNehru Placeamongtop30marketsthatviolateIPR.  Recent agreement signals a new era in Australia's trade relationship withJapan.  OceanofdifferenceskeepU.S. andJapanapartattradetalks.  Japan’s attempt to get in stricter patent protection into free trade agreementraisesconcern.  JapangrantsPacificEdgepatentforprognostictechnology.  AgeingJapanbeckonsIndianpharmacompanies. Page 2 // NEWS // October //2014
  4. 4. Headlines CHINA  US:China'sTheftofTradeSecretsaMajorConcern  Apple Loses China Patent Case, Separate Suit Against Apple Continues  Patent Office, China establish electronic exchange for application prioritydocs  ChinatakescyberwartoAustralia.  IntelgainsanewallyinChina'schipwars:Beijing. Articles  Patenttrolls.  DeterminationofObviousness/InventiveStep-IndianApproach.  ForeignentrepreneursinChina.  TheTrans-PacificPartnership Page 3 // NEWS // October//2014 Patent Support Services At TTC, we provide patent litigation support, patent prosecution support, licensing support, patent acquisition support, technology transfer consulting, patent portfolio management and other legal support services to leading patent law firms, companies, universities, research institutes and intellectual property owners
  5. 5. News INDIA Page 4 // NEWS // October//2014 Patentconsiderations:US-Indiatraderelationship. This comes on the heels of another important statement on IP. Recently, officials of the Modi administration announced plans to establish an overarching intellectual property policy that, in concept, would both define India’s approach to intellectual property and enhance the clarity andtransparencyofitsrelevantlaws. Read More Pfizerwins patentforVoriconazoleinIndia. Pharmaceutical major Pfizer Inc has received a patent for its anti-fungal drug Voriconazole, which it is selling in US under the brand name Vfend, overcoming opposition from Ranbaxy LabsLtdandNatcoPharma. Read More OTCdrugmarkettoreach$6.6bnby2016. The over the counter (OTC) drug market in India is expected to grow to $6.6 billion by 2016 withpharmacompaniesandchemistsincreasingtheirpresenceintheruralmarket. India's OTC drug market stood at USD 3 billion in 2011 and a "rise to USD 6.6 billion is forecast by 2016," according to a sectoral document for Pharmaceuticals industry under the 'MakeInIndia'campaign. Read More Real-timeonlineappopensIndia’s patentprocesstopubliceye. The government is throwing open the entire process of patents—from the filing of an application to the final decision rejecting or granting it—by putting it online in order to curb corruption and address charges of opacity. The public will be able to access digital updates at each stage of file movement at the Indian patents and trademarks office—the Office of CGPDT with all specifications, including patent examination reports, official remarks, reviewsandcorrectionsandthefinaldecision,onthepatentoffice’s websitefromSeptember Read More
  6. 6. News INDIA Page 5 // NEWS // October //2014 IndiaNeedsToShow ItValuesInnovation. The Pharmaceutical Research and Manufacturers of America (PhRMA) is a staunch anti- India lobby in the US. The organisation, which represents leading global biotech and pharmaceutical manufacturing corporations, had urged the United States Trade Representative (USTR) to downgrade India as a “priority foreign country” in its 2014 Special 301ReportonaccountofIndia’s allegedweakIntellectualPropertyRights(IPR) rules. Read More India’s intellectual property regime fully compliant with WTO norms: Government. NEW DELHI: India's intellectual property regime is fully compliant with WTO norms, the government said on Friday, two days after the two countries decided to set up a high-level working group on IPR during Prime Minister Narendra Modi's US visit to sort out the contentiousissue. Read More Govtforms thinktanktodraftpolicyonintellectualproperty. Amid the US Trade Representative launching an additional review of India’s intellectual property rights (IPR) regime, the government on Friday said it has constituted a think tank for draftinganationalpolicyonthesubject,amongothermeasures. Read More Delhi'sNehruPlaceamongtop30marketsthatviolateIPR. "Nehru Place is reportedly one of the many markets in major cities throughout India that are known for dealing in large volumes of pirated software, pirated optical media containing movies and music, and counterfeit goods," said the report released by the US Trade Representative(USTR). Read More
  7. 7. News JAPAN Page 3 // NEWS // June //2014 Recent agreement signals a new era inAustralia's trade relationship with Japan. Japan is Australia's second largest trading partner. In 2013 Australia's two-way goods and services trade with Japan totalled $70.8 billion ($66.5 billion trade in goods and $4.3 billion tradeinservices). Read More Ocean of differences keep U.S. and Japan apart attradetalks. The Trans-Pacific Partnership negotiations may be heading for the same bargaining purgatory as the Doha Round of the World Trade Organization, in which discussions are eternal and the resolution of disagreements will always come tomorrow. Read More Japan’s attempt to get in stricter patent protection into free trade agreement raises concern. Even as the Prime Minister's visit to Japan generates much excitement, there is concern among those working for improving access to medicines regarding Japan's attempt to get in stricter patent protection laws at the just-concluded round of negotiation of Regional Comprehensive Economic Partnership(RCEP)whichincludesIndia. Read More Page 6 // NEWS // October //2014 Patent Invalidation Search We 'scour the earth' when it comes to searching for prior art in order to invalidate a troublesome patent. We have helped several US and Asian companies save huge litigation costs by uncovering highly useful prior arts. We have Mandarin, Japanese and Korea native searching capability. We are a preferred choice for companies involved in complex patent litigation and have represented many Joint Defense Groups (JDGs) in such cases to identify relevant prior art for invalidating potentially dangerous patents.
  8. 8. News JAPAN Page 7 // NEWS // October//2014 AgeingJapanbeckonsIndianpharmacompanies. Though the recent visit of Prime Minister Narendra Modi to Japan ended on a not-so-eventful note for the Indian pharma sector, the industry is hopeful that the Japanese market will slowly turntoIndiaforexportsofgenerics. Japan, which was so far had been a market for patented and innovative drugs, is slowly realisingtheimportanceoflow-costgenerics,duetogrowingageingpopulation. Read More Japan grants Pacific Edge patent for prognostictechnology. The worlds second largest single biomedical market, Japan, has awarded Pacific Edge a patent for its colorectal cancer prognostic technology. Pacific Edge Chief Executive Officer David Darling says the issue of the patentinJapanisasignificant…25September2014. Japan grants Pacific Edge patent for colorectal cancer prognostictechnology. The world’s second largest single biomedical market, Japan, has awarded Pacific Edge a patent for its colorectal cancer prognostic technology. Pacific Edge Chief Executive Officer David Darling says the issue of the patent in Japan is a significant step for the Company by providing intellectual property protection in the country wherecolorectalcanceristhemostprevalentcancer. Read More Patentability Search A thorough patentability assessment search conducted on an exhaustive list of patent and non- patent databases. We offer innovative search reports that come along with a key feature chart and many value additions offered by none other in the industry. This service is being extensively used by the best research institute of Asia, several national universities of Taiwan, top law firms in the US and 5 fortune 500 companies to name a few.
  9. 9. News CHINA Page 8 // NEWS // October //2014 Apple Loses China Patent Case, Separate SuitAgainstAppleContinues. ABeijing court has ruled againstApple Inc by upholding the validity of a patent held by a Chinese company, clearing the way for the Chinese company to continue its own case against Apple for infringing intellectual propertyrights. Apple had taken Shanghai-based Zhizhen Internet Technology and China's State Intellectual Property Office to court to seek a ruling that Zhizhen's patent rights toaspeechrecognitiontechnologywereinvalid. But the Beijing First Intermediate Court on Tuesday decided in Zhizhen's favour, the People's Daily state newspaperreportedonWednesday. After the verdict,Apple said it intended to take the case to the Beijing Higher People's Court, according to the People'sDaily Read More US: China'sTheftofTradeSecretsaMajorConcern. WASHINGTON: Washington said Wednesday that China's efforts to steal US trade secrets are of "significant concern" as it again listed the country as a major violator of intellectual propertyrights(IPR). Initsannual"Special301" reportonIPrightsviolators,Chinaled10countriesontheUSTrade Representative's"prioritywatchlist",markingits25thyearonthelist Read More Structure & Sequence Search When you request a chemical structure/substructure search, our domain specific searchers with extensive experience perform patent searches and deliver insightful results for compounds matching the query structure, as well as for compounds containing the query structure as a subset (substructure) of a larger
  10. 10. News CHINA Page 9 // NEWS // October //2014 ChinatakescyberwartoAustralia. Safter stealing the confidential data of American and European companies, China's cyber spiesarenow trainingtheirsightsontheircountry'slatestkeytradingpartner–Australia Read More Patent Office, China establish electronic exchange for application prioritydocs. Anew service allows the U.S. Patent and Trademark Office to electronically exchange certain patent application documents with its equivalent office in China, the agency announced Oct. 10. At issue are so-called patent application priority documents. Under the Paris Convention for the Protection of Industrial Property, patent applicants who file in one country have a year to fileinothermembercountriesinordertoholdontotheirprioritydate. Read More Claim Chart Preparation This search helps in identifying the potential infringers of a particular patent portfolio. Over the years, we have evolved an innovative and effective strategy to identify infringing products/standards and ascertaining the infringement. This service is used by a leading semiconductor manufacturer and some fortune 500 companies across the globe. structure as a subset (substructure) of a larger structure. IntelgainsanewallyinChina'schipwars:Beijing. (Reuters) - Intel's investment of up to $1.5 billion in two fast-growing Chinese mobile chipmakers has effectively aligned the U.S. giant with a third party - a Beijing government intentonproducingaviabledomesticchallengertothelikesofQualcommandSamsung. For more than a decade, China has targeted semiconductor design and manufacture as a major focus of its industrial policy.Activity has picked up markedly over the past year with a spateofcross-bordermergersandcooperationdeals. Read More
  11. 11. Patent trolls NEWYORK/SAN FRANCISCO – For two decades, companies that buy software patents in order to sue technology giants have been the scourge of Silicon Valley. Reviled as “patent trolls,” they have attacked everything from Google’s online ads to Apple’s iPhone features, sometimeswinninghundredsofmillionsofdollars . Butnow thetrollsareinretreatfromthetechtitans. InthewakeofseveralchangesinU.S. lawmakingiteasier tochallengesoftwarepatents,patentpricesareplummeting, the number of court fights is down and stock prices of many patent-holding companies have fallen. Some tech firms are increasing research budgets as legal costs shrink. Support for “Their entire business model relies on intimidation, and that has lost its edge,” said Efrat Kasznik, president of the intellectual property consulting firm Foresight Valuation Group. “If thepatentsarenotenforceableincourtanymore...thetrollhasnolegstostandon.” “In some cases, there are just no current buyers for these patents at all,” said Robert Aronoff, founderofthepatentbrokeragePluritas,citingnewlegalstandardsforthechange. NetApp, a Silicon Valley maker of sophisticated data storage devices, last month used a new legal precedent to force a patent holder to pay its legal fees.The judge called the case “reckless andwasteful.” Thebirthof trolls. Big tech companies distinguish between their own intellectual property, which they fiercely protect, and those of their adversaries, which they often dismiss as broadly worded and vague, allowing holders to sue all manner of defendants. The big tech companies note that patent acquisition companies generally make no products but are solely in the business of buying patentsandlitigatingtoenforcethem. The putative trolls see a different world. They buy patents from inventors and each other, creating a marketplace that checks big tech companies’ sway, and rely ultimately on a fair arbiter: courts. This can provide vital protection for investors’ideas, said Matt Vella, CEO of Acacia Research Corp., which contracts with owners to license their patents to other companies.“IseeitasaRobinHood function,”hesaid. If the so-called trolls had a birth date, it would be the summer of 1994, when a federal appeals courtexplicitlyallowedcomputerprogrampatentsforthefirst time. Read More Page 10 // Articles // October //2014
  12. 12. Determination of Obviousness/Inventive Step- Indian Approach Foraninventiontobepatentable:  ithastobenovel(new)  ithastoinvolveaninventivestep(non-obvious)  ithastobeindustriallyapplicable(canbemadeorusedinanindustry) Apart from satisfying these criteria, the invention should also not fall under the category of nonpatentablesubjectmatter,asperSection3oftheIndianPatentAct. It is important that before applying for a patent, one tries to ascertain whether the proposed invention satisfies all these criteria for the successful grant of a patent for a proposed invention. The criteria related to novelty and industrial applicability are generally regarded as being well defined and understood based on the definition provided in the Act. However, the concept of non obviousness or the presence of inventive step in a proposed invention is still underdebateamongthepatentoffice,courtsandpatentees. Currentdefinition,2005: (I). “invention” means a new product or process involving an inventive step and capable of industrialapplication; (ii) “inventive step” means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes theinventionnotobvioustoapersonskilledintheart. “Inventive Step” as laid by the Indian Patent Act As per sec 2 (l) of the Patents Act, a new invention means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art. a new provision in the definition section of the Patents Act. Section 2(1)(ja) of the Act defines "inventive step" to mean "a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art". Read More Page 11 // Articles // October //2014
  13. 13. Foreign entrepreneurs in China Itishardforsmallbusinesses tobreakintotheChinesemarket ENTREPRENEURS do more with less, proclaimed Fiona Woolf this week on a visit to Shanghai. Lady Woolf, the current Lord Mayor of the City of London, was speaking at an academic conference devoted to helping small and medium enterprises (SMEs) flourish in China. These businesses face all of the same obstacles as big firms trying to enter China but havefarfewerresources. Intellectual-property rights are hard and costly to defend. The tangle of red tape involved in tax, compliance, customs clearance, business registration and so on can overwhelm small firms.Alexandra Voss of the German Chamber of Commerce points out that local firms often work overtime and on weekends during negotiations—and that foreign SMEs with staff shortagesandlittlelocalknowledgecanquicklygetoverwhelmed A bigger snag is that getting China right demands a huge amount of attention from the top brass, explains Franklin Yao of Smith Street Solutions, a consulting firm that advises firms keen to enter China.The problem is that the market is enormous, complicated and opaque. It is also hyper-competitive, thanks to a proliferation of both low-cost locals and deep-pocketed multinationalcompanies. For intrepid SMEs still keen to try, help is at hand.All developed countries have trade offices and business chambers devoted to helping smaller firms clear the many hurdles. Consultants arealsocomingupwithnewways toconnectthesefirms tounfamiliarcustomers. DebWeidenhamerruns iPai,atrailblazing foreignauctionhouseinChina.Heroutfitholds dozensofauctionsayear,runsimultaneously onlineandatatrendysiteinShanghai,mostly peddlingexcessinventoriesfromdistributorsof fashionablegoods. For $15,000,shewilladda foreignSME’s producttothreeofherauctionsover severalweeksandgetuserfeedback.Theresult,she says, is that her clients learn quickly and easily if and how much Chinese customers will pay fortheirnovelproductsandwhattheythinkofthem. For 17-20% of a firm’s Chinese revenues, he will take care of the regulatory filings, product testing,warehousingandso onrequiredforonlinesales. Alibaba, a Chinese e-commerce giant that recently went public in America, is explicitly courtingforeignSMEs Read More Page 12 // Articles // October //2014
  14. 14. The Trans-Pacific Partnership Freer Trade: ASEAN Economic Community and the Trans-Pacific Partnership - AnnualReview2015 Background TPP: The Trans-Pacific Partnership (TPP) is an ambitious trade agreement through which the US is seeking to advance its trade and investment interests in theAsia-Pacific region, which it considers to be vital to its economic success. Negotiations are taking place with 11 other countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, SingaporeandVietnam. In addition to providing US goods and services with access to new markets, theTPPwill apply strong and enforceable employment and environmental standards, new rules governing state- owned enterprises and a robust and balanced intellectual property rights framework, and will encourage a thriving digital economy. It also seeks to improve the transparency and consistency of the regulatory environment to make it easier for small- and medium-sized businesses tooperateacrosstheregion. AEC2015 The Association of South- East Asian Nations (ASEAN) Economic Community 2015 (AEC 2015) seeks to achieve economic integration between members of ASEAN by next year. ASEAN includes Brunei, Cambodia, Indonesia,Laos, Malaysia, Myanmar, the Philippines, Singapore,ThailandandVietnam. TheAEC will be defined by four characteristics: a single market and production base, a highly competitive economic region, a region of equitable economic development, and a region that is fully integrated into the global economy. It aims to transformASEAN into a region with free movementofgoods, services,investmentandskilledlabour,andthefreerflow ofcapital. To enhance the competitiveness of the region, the countries agreed to cooperate further in the following areas under the AEC 2015 framework: competition policy, intellectual property rights,infrastructuredevelopmentandtaxefficiency CurrentStatus TPP: Chief negotiators met in Canadain July 2014 to discuss a number of areas, including intellectual property rights, employment, state-owned enterprises, services, investment and market access. However, the meeting wrapped up without much progress - not even an agreement on a date for the next meeting, due to major differences over issues such as intellectualproperty,accordingtoTheJapanTimes. Read More Page 13 // Articles // October //2014
  15. 15. Platform for Automation, Machine Learning and Visualization tools – revolutionizing the prior art search experience! xlpatlabs  Automated FIRST PASS patent Invalidation tool  Dynamic Landscape dashboard  Automated patent categorization  Real time graphical analysis  Online collaboration  User highlighting and annotations What’s New On Page 14 // XLPAT // October //2014 PatentRatingsandTags: Manage your patent portfolios online. Analyze the strength of your patents to make effective business decision. In the process of patent evaluation, you can now view a specific set of non-core patents (having minimumornoeconomicvalue)tocreateapatentlicensingmap.
  16. 16. U.S.A Washington DC. TT Consultants LLC 1701, Pennsylvania Avenue, NW, Washington DC. 20006 T: 202 370 6471 & 347 308 6153 Email: INDIA Chandigarh Office 8, Tower B, 3rd Floor, D.L.F, I.T park Chandigarh (U.T)-160101, India T: 0172-4674711 Email: Gurgaon Unit number 252, 2nd floor, Tower B2, Spaze I-Tech Park, Sector49, Sohna Road, Gurgaon-122002 Mobile: +91-9876667711 Email: TAIWAN Hsinchu Si-Soft Research Center, 1A2, Lising 1st Road, Hsinchu City Email: T: +886 0984385876 Disclaimer While every care has been taken in the preparation of this News Bulletin to ensure its accuracy at the time of publication, TT Consultants assumes no responsibility for any errors which despite all precautions, may be found herein. Neither this bulletin nor the information contained herein constitutes a contract or will form the basis of a contract. The material contained in this document does not constitute/substitute professional advice that maybe required before acting on any matter. Feedback/Suggestion We will be happy to know your feedback & suggestion on the same. Kindly send us an email with your feedback. Subscribe/Opt in If you wish to receive this Newsletter in future, please click here. Unsubscribe If you do not wish to receive this Newsletter in future, please click here, else just reply this mail with the word "Unsubscribe"in the subject of the mail. COPYRIGHT NOTICE:-© 2014, India. All Rights reserved with TT Consultants