Origiin Newsletter

August 2011 issue

August 2011 issue Inside this Issue

Filing first Patent Application: Important considerations Latest News Inventor of the month Kids IP Corner Patents restored in July

Filing first patent considerations

application:

Important

Not maintaining confidentiality before filing patent application is the most common mistake inventors make......

After working intensely for months on the amazing

idea, investing money, resources, its time to fulfill dreams, set-up new business with the idea and invention that has not been thought about or performed by anyone else in the world before. This is the most common thought an inventor has before he approaches a patent attorney. Is there anything else that is required to be done much before? Yes, before commercialization and filing a patent application, there are a few essential steps to be performed before meeting your attorney. Following are the most crucial issues to be considered by an inventor to help him in enhancing quality of research and file patent application in a cost-effective manner: 1. Prior art search: Get a thorough prior art search done right in the beginning when you get an idea. The scope of the search is not only the granted patents but also patent applications that are published or paper publication. The search, often done globally using various paid or unpaid databases, helps to identify the closest and the most relevant patents/patent application that would help you to assess the weight and commercial value of your invention. Prior art search works as a strong base not only to assess novelty of the invention, but, at later stages, it also helps in drafting of the patent application. Prior art search is an essential and crucial step to give shape to your idea and hence its a good idea to take professional help to get the search done. 2. Maintain confidentiality: Inventors often are extremely passionate and enthusiastic about their invention. Having invented something feels great and one feels like disclosing it to the world. But stop! It is strictly essential to maintain confidentiality of the invention till the patent application is filed. One of the critical requirements of getting a patent is that invention shall be novel on the date of filing. Hence, never disclose, publish or make your invention available to public till you file a patent application. Additionally, do have an NDA (Non-Disclosure Agreement) with your attorney as well before initiating discussion on filing patent application. A classic example is when Archimedes solved the problem of checking the purity of a gold crown without damaging the crown. While taking a bath, he noticed that the level of the water in the tub rose as he got in, and realized that this effect could be used to determine the volume of the crown. Archimedes then ran in the street naked, so excited by his discovery that he had forgotten to dress, crying "Eureka!" www.origiin.com Visit our blog: http://origiinipae.blogspot.com Copyright 2011, Origiin IP Solutions LLP. All rights reserved

Editors
Bindu Sharma Anita Kalia

Contact us
Address Origiin IP Solutions LLP #51, 15th Main, Sector 4, HSR layout Bangalore Mobile +919845 693459 +919880 213204 Website www.origiin.com

Many of life's failures are people who did not realize how close they were to success when they gave up.
Thomas Alva Edison

Origiin Newsletter

August 2011 issue

3. Documentation: Documentation of an invention is extremely critical. Step-wise documentations shall be done and the novel features of the invention, existing technical problem which your invention overcomes, how your invention works shall be highlighted. Explain the process or the product with drawing and\or flow diagrams. Thorough understanding of the invention by your attorney is necessary. Dont get lazy to fill the invention disclosure form if given by your attorney in order to describe the invention systematically. 4. Consider the cost: Understand why and in which county (ies) or jurisdiction (s) you want to file patent application. Choosing to file provisional or complete application, PCT application or convention application or filing in India based on your requirements can really help you to manage your finances and specify the timelines. Spend some time with your attorney to understand the procedure to work on the most cost-effective package. 5. Explore options other than patent: Depending upon kind of product, dont forget to explore other option for protection of the innovation in the form of copyrights, design or trademark. Being inventors is takes tremendous amount of innovation and taking invention in right direction, in right manner is imperative to protect it appropriately and reap the revenues.

LATEST NEWS Dr Reddy's sued for patent infringement

Roche Palo ALTO and Helsinn Healthcare SA filed patent infringement litigation
against Dr Reddy's Laboratories, in federal court in the New Jersey district on July 8, 2011 for anti-nausea drug Aloxi. It has been alleged that the generic drug makers will violate two patents of the drug that expire in 2024. The drug Aloxi, in the form of injection is used in adults to help prevent the nausea and vomiting due to chemotherapy. Patentee has requested the court to pass an order that the defendants be refrained from commercially manufacturing, using, offering for sale, importing, or selling the proposed generic versions of Helsinns Aloxi. Infringement of patent rights in simple terms means violation of rights of patentee or patent holder. Injunction, which means Courts order to refrain a person from infringing the process or product of the patent owner/holder is one of the reliefs which the Court may order to protect interest of the patent holder.

Ford Motor: Patent Infringement Lawsuit

Ford Motor Co. has been named in a patent infringement lawsuit filed by a company
that alleges that the auto manufacturer infringed on seven patents, most of them related to Bluetooth and audio communications. The company, Bainbridge Island-based Eagle Harbor Holdings, and its subsidiary Medius Tech, has filed a lawsuit in the U.S. District Court in Tacoma. The lawsuit alleges that Ford has used patented Eagle Harbor technologies related to audio communications and Bluetooth in its popular Sync voice-activated communication system. According to the lawsuit, Eagle Harbor developed these technologies more than 10 years ago and claims these technologies are now being used in an unauthorized manner in many Ford vehicles, including Lincoln and Mercury cars. The lawsuit alleges that Eagle Harbor and Ford Motor Co. had been in talks since 2002 about licensing these patents. However, Ford suspended talks with Eagle Harbor in 2008. Soon after, the technologies developed by Eagle Harbor found their way into Ford vehicles. Lawyers for Eagle Harbor contacted Ford Motor Company in 2009 to discuss the patents, but received no response. The patent gives right to the patent holder to prevent third party from making, using, selling, offering for sale or importing the patented invention. However, use violation of any of these rights is deemed to be infringement.

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Origiin Newsletter

August 2011 issue

KIDS IP CORNER
Contributed by: Kasvi Methi (7 years)

\
Copyright 2011, Kasvi Methi. All rights reserved The drawing or painting is protected under class of Artistic Work if it is original and not copied from any source. A person who creates the work is called as Author. In the case of an artistic work, copyright means the exclusive right: to reproduce the work to communicate the work to the public to issue copies of the work to the public to include the work in any cinematograph film to make any adaptation of the work. Kids can send their contributions to editor@origiin.com

INVENTOR OF THE MONTH

Contributed by: Ria Kalia (12 years)

LOUIS PASTEUR
Born: December 27, 1822 Died: September 28, 1895 Nationality: French Louis Pasteur was a chemist and microbiologist born in Dole, France. He is remembered for his remarkable breakthroughs in finding out the causes and preventions of diseases. His discoveries reduced mortality from puerperal fever and he created the first vaccine for rabies and anthrax. Louis Pasteurs experiments supported the germ theory of disease. He was best known to the general public for inventing a method to stop milk and wine from causing sickness, a process that came to be called pasteurization. Pasteur is regarded as one of the three main founders of microbiology, together with Ferdinand Cohn and Robert Koch. He also made many discoveries in the field of chemistry, most notably the molecular basis for the asymmetry of certain crystals. He died on September 28, 1895 at the age of 73. His body lies beneath the Institute Pasteur in Paris in a spectacular vault covered in depictions of his accomplishments in Byzantine mosaics.

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Origiin Newsletter

August 2011 issue

PATENTS RESTORED IN THE MONTH OF JULY 2011

Granted patent gets lapsed due to failure to pay annual renewal fee. Such lapsed patents fail to be in force but the patentee has option to restore it within a period of 18 months on which the renewal becomes due. A patent that has been restored is published in official gazette of Indian Patent Office which is reproduced as below. Any person interested can file opposition against restoration of such a patent within a period of 2 months from date of such publication. A person interested includes a person engaged in, or in promoting, research in the same field as that to which the invention relates.

Restored Patents July 2011

S.no

1 2 3 4 5 6 7

Patent number 224784 193523 200204 231375 221556 223864 239156

Applicants Khs Maschinen- Und Anlagenbau AG Bundesdruckerei GMBH Indian Institute Of Technology The Procter & Gamble Company Johnson & Johnson Inc., Light Bioscience, Llc Intuition Intelligence, Inc.

Title Filling Machines for Containers Like Bottles, Cans and the Equivalent. A Security Element for Documents and a Method for its Fabrication A Process for the Preparation of a Zirconia Nanopowder Child Resistant Sachet Sanitary Absorbent Article Having a Tear-Resistant Flange Seal A Skin Treatment System A Method of Providing Learning Capability to a Processing Device Having One or More Objectives and a Processing Device Process for Producing a PlasmaDeposited Muti Junction Amorphous Silicon Solar Cell Device A Method for Isolation of Potassium Carbonate From Banana Plants A Computer Implemented Method of Carrying Out an Electronic Transaction Method and Apparatus for Metering Catalyst in a Fluid Catalytic Cracking Catalyst Injection System An Evaporative Cooling Apparatus

Date of cessation 29.9.09 23.12.05 22.12.00 09.06.09 27.09.08 26.12.08 18.06.10

Appropriate office Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata Kolkata

226174

Bharat Heavy Electricals Limited Nripendra Nath Talukdar, Dibakar Chandra Deka Oracle International Corporation Intercat Equipment, Inc.

23.06.10

Kolkata

222135

25.10.08

Kolkata

10

236698

02.03.10

Kolkata

11

233847

26.02.10

Kolkata

12

216639

13

221403

M/S. Central Sericultural Research And Training Institute M/S. Avesthagen Limited

08/05/2009

Chennai

A Process for Constructing DNA Based Molecular Marker for Enabling Selection of Draught and Diseases Resistance Germplasm Screening

25/02/2010

Chennai

14

199170

Shri. Lakshmanaswamy Gounder Palaniswamy

15

242042

M/S. Wst International

A Process and a Plant for Recovering Purified Water and Glauber Salt From Textile Effluents and Recycling the Same to the Dyeing Process Apparatus and Method of Separating

17/09/2010

Chennai

08/11/2010

Chennai

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Origiin Newsletter (Holdings) Limited 16 17 213996 211711 Eaton Corporation Babcock - Hitachi K.K. Plastic Films from Garbage for Collection Transmission System Utilizing Centrifugal Clutch Solid Fuel Burner Solid Fuel Burner Combustion Method Combustion Apparatus and Combustion Apparatus Operation Method. A Stator for an Electric Ceiling Fan Motor A Test Rig for Testing a Control Valve HRPD Network Access Authentication Method Based on Cave Algorithm Fossil- Fired Continuous-Flow Steam Generator A Colour Chart and a Method of Preparing the Same A Method for Managing Use of a Digital File Method and System for Presenting a Plurality of Animated Display Objects to a User for Selection on a Graphical User Interface in a Data Processing System A Task Allocation Apparatus and a Method of Allocating a Plurality of Resources to a Plurality of Tasks Adaptive Belt Tensioner System for Control of Reversible Torque Load Pulley A Recombinant Cell Comprising a Nucleic Acid Sequence Encoding an Exogenous Extremozyme and a Process for Producing the Cell and the Extremozyme An Evaporative Cooler Comprising a Wettable Heat Exchange Surface A Skipping Rope Method and System for Storing Backup Data on a Virtual Tape A Locking Mechanism for a Mexical Device, a Hypodermic Needle Assembly and a Medical Device An Emulsion Polymerization Process Using a Reactor and a Reactor Eutectic Deep Freezer An Appratus, System and Method for Diamond and Gem Color Measurement A Closed Loop Continuous Emulsion Polymerisation Apparatus Marine LPG Kit An Apparatus for Coating the Inside of Pipes A Fan Assembly, a Metal Fan Blade and a Method of Forming a Fan Blade An Electromagnetic Separator and a

August 2011 issue

12/12/2008 8.1109

Kolkata Kolkata

18 19 20

207096 221746 238737

Orient Fans Dynamatic Technologies Limited Samsung Electronics Co.Ltd., Beijing Samsung Telecom R&D Center Siemens Aktiengesellschaft J & P Coats Limited International Business Machines Corporation International Business Machines Corporation

19.04.10 13.12.09 22.05.10

Kolkata Kolkata Kolkata

21 22 23 24

195555 208916 211931 207280

07.12.09 08/09/2009 20/05/2010 20/05/2010

Kolkata Chennai Chennai Chennai

25

217270

@ Road, Ltd

08/04/2010

Chennai

26

216177

Dayco Products, Llc

07/06/2010

Chennai

27

223692

Dow Global Technologies, Inc

08/07/2010

Chennai

28 29 30 31

225091 212865 223298 206279

Oxycell Holding B.V O'Shea Clayton Diligent Technologies Nicodel S.A

27/07/2010 30/07/2010 03/08/2010 21/07/2010

Chennai Chennai Chennai Chennai

32 33 34

218962 200406 212850

Akzo Nobel N.V Pappali Gopalan Chil Prakash Gemological Institute Of America, Inc. Akzo Nobel N V Nadackaparambil Abu Shamdhar Dipl.-Ing. Ernst Kreiselmaier Delta T Corporation

06/09/2010 29/07/2010 05/08/2010

Chennai Chennai Chennai

35 36 37 38

211066 224273 198385 219166

06/09/2010 12/07/2010 26/05/2010 11/02/2010

Chennai Chennai Chennai Chennai

39

215947

Shot Inc

24/09/2010

Chennai

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Origiin Newsletter Method for Quantitatively Separating Particles Suspended in a Fluid A Method for Thermal Pest Control Floor Sweeping Apparatus A Pallet Container A Rotationally Symmetrical Coupling A Solar Cell and a Process for Fabricating a Solar Cell A Stable Solid Pesticide Composition Method and Apparatus for Compressing Log Record Information A Self Propelled Combine Harvester Vehicle Parking System A System for Anchoring of a Vessel in Connection With the Transfer of Fluids Mobile Blood Bag Refrigerator Multipurpose Container Structure for Pourable Material A Liquefied Petroleum Gas Rubber Hose

August 2011 issue

40 41 42 43 44 45 46

221869 215468 225061 214295 221312 210633 220915

Florencio Lazo Barra Techtronic Industries Company Limited Mauser Werke GMBH Hackforth GMBH Ebara Corporation E I D Parry Ltd. Nokia Corporation

29/09/2010 03/05/2010 29/09/2010 03/05/2010 03/05/2010 26/02/2010 24/09/2010

Chennai Chennai Chennai Chennai Chennai Chennai Chennai

47 48 49

193420 198112 210561

Berthold Hamphoff Shakbar Investments Ltd Advanced Production and Loading As Pappali Gopalan Chil Prakash Bowsher M William, Schwartz Thomas S LPG Equipment Research Centre

21/05/2010 20/09/2010 02/09/2010

Chennai Chennai Chennai

50 51 52

200799 220430 225563

02/09/2010 04/03/2010 14/07/2010

Chennai Chennai Chennai

Indian Patent Agent Exam Training by Origiin

PAE-Complete(Classroom Training) 1. 2. 3. 4. 5. Cost 22,000 INR (all inclusive), registrations open (schedule attached) 7 days class room session (schedule attached) Study material and assignments Complimentary copy of Dictionary of Indian Patent Law Seats available: 25

PAE-Distance (Distance Education) 1. Cost 16,000 INR (all inclusive) 2. Study material and assignments 3. Complimentary copy of Dictionary of Indian Patent Law PAE-Solutions TM 1. Cost 3000 INR (all inclusive) 2. Solution of previous year question papers (from year 2004 to 2011) Please note that candidates enrolling for PAE-Complete and PAE-Distance get PAE-Solutions in the form of Module 3.

This newsletter is published by Origiin IP Solutions LLP, Bangalore. Please mail us in case you find discrepancies/errors in the contents. Your valuable feedback, comments, suggestions are most welcome in order to make this newsletter more useful. Articles for publication in this newsletter may be sent to the following address by email or by post: Origiin IP Solutions LLP #51, MCHS, 15th Cross, HSR Layout, Sector 4 Bangalore Pin-560034, INDIA Phone: 9845693459, 9880213204 Email: info@origiin.com, origiin.training@gmail.com

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