Exclusive interview for hybiz.tv

S. Chandrasekaran,Former Member of IPAB Exclusive Interview - Hybiz.tv
	www.hybiz.tv/S-Chandrasekaran-Former-Member-of.../1618974 Aug 2011 - 4 min S. Chandrasekaran,Former Member of IPAB Exclusive Interview with hybiz.tv. Watch Business/ Events Exclusive Videos At ..

Inventive step definition

"Managing IP" is the leading global resource for IP news and analysis. This global source has published  news item saying about the
"latest country updates" on the definition of "inventive step" by the IPAB and cited the judgment of the
Enercon (India) Ltd. Vs. Dr. Alloys Wobben case, the reference to the site is given below for access;
http://www.managingip.com/Article/2907291/News-by-Jurisdiction-Patents/India-IPAB-defines-inventive-step.html
Access and read yourself more!!!!!!!!

“Google acquires patents”

Source: The Economic Times, Hyderabad edition, India dated 1^st August 1, 2011.

It is better to do research yourself and come out with the invention and protect the same. The same is further affirmed by the company president Mr. Bill Slawski, that, “the patent is the fruit of a company’s efforts and you have been given a chance to develop technology and then actually do something with it”.

Further, if somebody has taken a patent on that subject invention, but if “X” does anything with that invention without the patentee’s consent or approval or permission, this “X” will be sued in the Court of law for infringement of the patented invention. Best thing is before “X” does anything with that invention, better he does an infringement search for the items he wants to manufacture and then proceed. Alternately better he takes or acquires those patents from the patentee or at least takes a license from the patentee and does the manufacture with the permission. Of course “X” may have to pay Royalty to the patentee, but nevertheless, “X” doesn’t have any headache now or “X” doesn’t have to face any court case.

Here IBM has assigned nearly 1000 patents to Google inc. and Google becomes the lawful owner now for these patents and can do anything with these patents.

Such assignments will have to be done with the knowledge of the particular patent office situated in the respective country. Here the USPTO is the respective patent office and so the assignor and assignee have approached the USPTO on July 11 & 12 for recordal of more than 1000 patents.

In this respect of licensing, there are factors one has to see and take decisions!!!!!!

The IP commercialization can be achieved through “licensing” the patents or other IP rights, and also the technical Know-how what you possess. The kinds of licenses are

1.     Sole license

2.     Exclusive license

3.     Non-exclusive license

There are also royalty free licenses, wherein you require the permission from the patentee, but without any consideration whatsoever i.e., the royalty. You can also give cross license. The license granted only up to the term of the patent and not beyond that period. The expired patents cannot be licensed as the right ceases to exist. So it is very clear beyond doubt that the value of intellectual property lies in its commercialization and not in its mere creation and development alone.

Licensing is very helpful to an organization while dealing with bigger organization having leverage in negotiations. Further Licensing IP can be tremendously profitable. For example (statistics may be few years old details) to make one understand, how licensing is very helpful is the main idea.

          IBM                                        1.7 billion US $

          Texas Instruments                   500 million US$

          Stanford university                  36.9 million US$

Thus Licensing IP can be tremendously profitable!!!!!!!!

Latest inventions which are useful to anyone:-Scooter Luggage & Air-conditioned jacket

Ride your suitcase to airport which has an in-built scooter

(Times of India Chennai edition dated 21-7-2011)

Scooter luggage

You can now forget booking a taxi if you have only 1 piece of luggage. Now, you can ride your luggage to the airport, thanks to a new “scooter suitcase” designed by at a British firm in London. The luggage has an in-built scooter so the traveler can ride his case to airport gate after dropping up to 20 kilogrammes of luggage off at the check-in counter. The luggage scooter costs only £ 250 pounds and consists of a 26-litre case and a lean-and-steer scooter. The luggage can be detached from the scooter and wheeled around in the same way as an ordinary suitcase. Micro Scooters UK,

the company which has designed the scooter suitcase, said: Not only it is a healthier option to a car, it’s a great way of reducing your carbon footprint.” Regular flier Dave Gardner, 35, said the new case would be a big help when he is at the airport. “I’ve missed flights because my taxi has been delayed,” he said. He added: “It’s left me running across the terminal with luggage that won’t roll straight and turning up red faced to a closed gate. If I could whizz across the terminal it might have saved me a lot on re-booking business flights. Surely I could just take a micro scooter with me and put in my bag when I get to work rather than forking out for this —PTI.

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

Air-conditioned jacket to help you beat the heat

(Courtesy:-Times of India Chennai edition dated 20-7-2011)

Japan had developed a jacket which has an inbuilt air-conditioning system by Kuchofuku Co Ltd which says its jacket contains 2 electric fans powered by a lithium - ion battery pack which lasts for 11 hours on a single charge, requiring significantly a very less energy than conventional air conditioning. Jacket can draw in 20 litres of air per second which then circulates throughout the garment before escaping through collars and cuffs. Describing “personal air-conditioning” idea how it came, Hiroshi Ichigaya, the president of Kuchofuku, quoted that, “It came to me that we don’t need to cool the entire room, just as long as people in it feel cool.” In fact, sales for clothes with their own personal air-con systems are soaring in Japan, as the country seeks ever more ingenious ways of cooling down while saving energy as the nuclear crisis rumbles on. The jacket is one of a range of popular cooling products made by the company — including cushions and mattresses, containing their patented plastic mesh system allowing the circulation of air.-- PTI

Commercialization of Intellectual Property Assets

Intellectual Property

It is a term used to denote the rights resulting out of the intellectual creations or activities of an individual, in the field of scientific, industrial, literary, or artistic sphere or domain. Therefore, it is clear that the intellectual property essentially includes the products or creations of the mind. These rights include patents, designs, trademarks, copyrights, geographical indications or other related rights. Normally Intellectual property is divided into industrial property and copyright. The industrial property right as the name goes comprises of patents, designs and trademarks or GI of the product made by an industrial organization out of the work output resulting through the research and development activity of the said organization.  Intellectual property like any other form of conventional property is a movable asset. Just like any other real and personal property, this intellectual property can also be bought, sold, licensed, exchanged or gratuitously given away to others.  

Why do you need intellectual property rights?

Everyone talks about business developments strategies and the inventions or the different species of the Intellectual property, add to the benefits of the industry. But all this is possible or alternatively, do you know the value it can bring to your business only if it is properly protected under the law?

What can you protect?

All your inventions, the brand names and symbols of the products you market, the outer shape or the contour and configuration of the product you market and even the labels, the cartons or the brochures of the marketed goods can be protected under the law.

 What is a Patent

A patent is a statutory right or privilege granted by a government to an inventor and to other persons deriving their rights from the inventor, for a fixed period of years, to exclude other persons from manufacturing, using or selling a patented product or from using a patented method or process. So a patent is an exclusive right granted for an invention, which may be a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

“Patents” are the monopoly rights granted by the state for the technical solutions to the technical problems which you have faced in your R&D work. These technical solutions are of great importance to your company, or the organization, as they are called as one of the business assets.

Brand names or the symbols are the ‘ambassadors’ to the public for your product developed and manufactured by your company, to show that the goods belong to you or you are the manufacturer for such goods in demand.

Trademarks

These brand names are called as the “Trade Marks” being the monopoly right registrable by the concerned authorities which adds colours and profits to your business. Further this is one of the rights in the IPR field which you can enjoy for ever as long as keep marketing the goods you manufacture.

Designs

Outer shape or the configurations of the product you market have the great public demand and they have the right sense of appeal, which you feel, that every other competitor of yours should feel jealous about its market value is another kind of monopoly right called “Design” which is again registrable by the concerned authorities of the state.

Copyright

The labels, the cartons or the brochures of the marketed goods of your company have an eye-catching effect or pushing nature in the business dealings as a best marketable strategy or an effective slogan, which you feel that every other person in the country would like to keep quoting (if and when allowed) for their products. Why such jealous nature or why their hearts have the thirst for such a slogan to be used, rather to say copied, because you own the “copy right”, the moment you have coined or created it. Do you know how long you can enjoy the same right? It is mind boggling that you can ever think of. 

Above all, using the above IP rights over your creations, you can grant license and obtain royalty; and be the pioneer in the industrial field. Further you can also do transfer of technology and get an income or the price for the same. If anybody copies your invention, you can sue them for an infringement action, only if your invention creations are protected, otherwise not !!! In that what would you do? Similarly you can allow anyone else to use your trademark, by way of outright sale or a license to use the same with your concurrence. Moreover using the trade mark for your product is very important by way of exploitation. If anybody uses your mark without your authorization, you have an immediate necessity to take proper action. Suppose you have not registered your mark for your product with the concerned authorities, what way you can protect the goods from such copying action? Similarly the copyright can be allowed to be used by another party with specific approval or agreement and obtain the royalty for the same purpose.

 Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party. A patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends & an invention enters the public domain & the owner no longer holds exclusive rights to the invention, which becomes available to commercial exploitation by others.

Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourage innovation, assuring that the quality of human life is continuously enhanced.  Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and plastic patents (held by Baekeland), to ballpoint pens (held by Lazlo Biro) and microprocessors (held by Intel). The first step in securing a patent is the filing of a patent application. Patent application generally contains the title of the invention, as well as an indication of its technical field; it must include the background, i.e., the prior art and its drawbacks and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Drawings or diagrams to better describe the invention usually accompany such descriptions. The application also contains "claims", that is, information which determines the extent of protection granted by the patent.

Intellectual Property as business assets

A company’s assets may be broadly classified into two categories: physical assets which include buildings, machinery, financial assets and infrastructure and virtual or intangible assets ranging from human capital and the know how to ideas, brands, designs and other intangible results of a company’s creative and innovative capacity and efficiency. Traditionally the physical assets are responsible for the bulk assets of a company, and were considered to be largely responsible for determining the competitive nature of a company or an enterprise in the market place. Currently, the situation has changed and it is different in a significant manner. Possibly because of the information technologies strategies and their revolution and the growth of the economy, companies have realized that the virtual or the intangible assets are often great value and they have become more valuable than their physical assets.

In short, large companies have switched over to micro miniaturization using powerful software and innovative ideas form the main source of income or revenue for a large and growing organization. And even in sectors like the conventional or basic and generic version ones, the traditional production techniques remain dominant, but there are a continuous innovation process and endless creativity being noticeable and are becoming the key factor to greater competitiveness in fiercely competitive markets, be it domestic or international. Intangible assets are therefore taking center stage and SMEs nowadays try to seek how to make the best use of their intangible assets.

The IP commercialization can be achieved through “licensing” the patents or other IP rights, and also the technical Know-how what you possess. The kinds of licenses are

1. Sole license
2. Exclusive license
3. Non-exclusive license

There are also royalty free licenses, wherein you require the permission from the patentee, but without any consideration whatsoever i.e., the royalty. You can also give cross license. The license granted only up to the term of the patent and not beyond that period. The expired patents cannot be licensed as the right ceases to exist.

So it is very clear beyond doubt that the value of intellectual property lies in its commercialization and not in its mere creation and development. 

                   Contact:    iprsekaran@gmail.com                                                                                                                        [End]

Why do you need intellectual property rights?

Why do you need intellectual property rights?
Everyone talks about business developments strategies and the inventions or the different species of the Intellectual property, add to the benefits of the industry. But all this is possible or alternatively, do you know the value it can bring to your business only if it is properly protected under the law?
What can you protect?
All your inventions, the brand names and symbols of the products you market, the outer shape or the contour and configuration of the product you market and even the labels, the cartons or the brochures of the marketed goods can be protected under the law.
Can you elaborate a little?
Inventions are the scientific and technical solutions to the technical problems which you have faced during the research & development work in your laboratories, done over the last few years, after spending lakhs of rupees, to have the best return of the investments, utilizing all of your capital assets. These technical solutions are of great importance to your company, or the organization, as they are called “Patents” the monopoly rights granted by the state against those technical solutions of your R&D work.
Brand names or the symbols are the ‘ambassadors’ to the public for your product developed and manufactured by your company, to show that the goods belong to you or you are the manufacturer for such goods in demand. These brand names are called as the “Trade Marks” being the monopoly right registrable by the concerned authorities which adds colours and profits to your business. Further this is one of the rights in the IPR field which you can enjoy for ever as long as keep marketing the goods you manufacture.
Outer shape or the configurations of the product you market have the great public demand and they have the right sense of appeal, which you feel, that every other competitor of yours should feel jealous about its market value is another kind of monopoly right called “Design” which is again registrable by the concerned authorities of the state.
The labels, the cartons or the brochures of the marketed goods of your company have an eye-catching effect or pushing nature in the business dealings as a best marketable strategy or an effective slogan, which you feel that every other person in the country would like to keep quoting (if and when allowed) for their products. Why such jealous nature or why their hearts have the thirst for such a slogan to be used, because you own the “copy right”, the moment you have coined or created it. Do you know long you can enjoy the same right? It is mind boggling that you can ever think of.
Above all, using the patent right for your inventions, you can grant license and obtain royalty; be the pioneer in the industrial field. Further you can also do transfer of technology and get an income or the price for the same. If anybody copies your invention, you can sue them for an infringement action, only if your invention is protected, otherwise what would you do?
Similarly you can allow anyone else to use your trademark, by way of outright sale or a license to use the same with your concurrence. Moreover using the trade mark for your product is very important by way of exploitation. If anybody uses your mark without your authorization, you have an immediate necessity to take proper action. Suppose you have not registered your mark for your product with the concerned authorities, what way you can protect the goods from such copying action?
Similarly the copyright can be allowed to be used by an another party with specific approval or agreement and obtain the royalty for the same purpose.
Who can help you do all these or at least properly educate you?
An IPR expert
Yes, you need an IPR expert to advise you, when,
1. You begin or start a new business
2. You want to market a product after manufacture based on an idea
3. You want to start a manufacturing business; you need to have a clear infringement report, before marketing the same product.
4. Your process or the product or even the technology is new
i. To help you know how to keep it confidential
ii. To help you disclose to others by suitably entering into a non-disclosure agreement or a confidentiality agreement
iii. To seek VC for funding
iv. To seek appropriate protection for the said technology
v. To license the technology
vi. To sue the parties who infringe your rights
vii. To also defend you that you do not infringe other’s right.
viii. To advise you that how to develop or improve your product
ix. What is the value for the IP Right you hold in your business
Who is this IPR expert? Where is he available?
All these answers you would find below………
S. Chandrasekaran B.E., LL.B., D.F.M., F.I.V.,
Former Member (Technical)
Intellectual Property Appellate Board, Chennai.
Former Controller General of Patents, Designs & Trade Marks & Geographical Indications

E-Mail:    iprsekaran@gmail.com ///

  vijisekaran@yahoo.com 

                

Design search is ready now

The Indian Intellectual Property Office has made the status of Designs applications accessible online. The IPO has launched design application status search for Indian design applications now.


…For More details, Log onto http://www.itagbs.com/weekly_news.html