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ABOUT UNILEVER
& OUR SUSTAINABLE LIVING PLAN
We work to create a better future every day.to create a better future We work We help people feel good, look good We help people feel life look good and get more out ofgood,with brands and get more out are good for them and services thatof life with brands and services that are good for them and good for others. others. and good for We will inspire people to take small, We will inspire people to take small, everyday actions that can add upup a a everyday actions that can add to to big difference for the world. big difference for the world.
We will develop new ways doing We will develop new ways ofof doing business that will allow us to double businessof ourwill allow us to double that company whilst the size the size ofour environmental impact. reducing our company whilst reducing our environmental impact.
every day.
UNILEVER R&D
DELIVERING IMPACTFUL, SUSTAINABLE INNOVATIONS
PERSONAL CARE
Interdependent
Trumbull Bangalore
Shanghai
Bioscience
OPEN INNOVATION
firms that can harness outside ideas to advance their own business while leveraging their internal ideas outside their current operations will likely thrive in this new era of open innovation
Closed Innovation
The Market
Research Investigations
Development
Open innovation
Other firms market
CROWDSOURCING
Consumer products (shoes, potato chips and everything else) Protein folding as a GAME http://fold.it/portal/info/science
Predicting protein structures with a multiplayer online game. Seth Cooper, Firas Khatib, Adrien Treuille, Janos Barbero, Jeehyung Lee, Michael Beenen, Andrew Leaver-Fay, David Baker, Zoran Popovi and Foldit players. In Nature 466, 756-760 (2010).
It relates to the creations of the mind Products of human intellect Intangible, unlike real estate/jewelry/car/refrigerator Rights of IP owner = Rights of property owners Value
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Copyright - forms of expression related to literary, dramatic,musical, artistic, cinematographic works Right to exclude others from un-authorized copying
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Rights of IP holders
IP
Use License Sell Mortgage Abandon
House
Live Rent Sell Mortgage Abandon
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http://designpatentattorney.com/
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http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1102 28
Patents
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What is a Patent?
Patent is a revocable grant by a state to a person for his invention for a limited period of time to prevent others from
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PATENT
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Patent specification
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2000
2004
2005
2006
2007
2008
Total Total Japan JP China CN United States of America US Republic of Korea KR Germany DE Russian Federation RU France FR United Kingdom GB Canada CA Switzerland CH Italy IT
771,766 302,892 23,376 107,324 65,901 55,325 11,208 14,231 14,139 6,906 4,325 9,779
875,991 287,491 64,668 141,523 98,081 53,865 17,778 15,297 12,694 8,497 5,832 9,540
912,973 286,941 86,735 152,888 99,649 54,354 18,633 15,792 12,899 8,884 6,082 9,795
927,826 267,517 110,810 153,943 106,265 55,879 18,887 16,263 13,241 9,320 6,720 10,299
941,960 256,275 135,970 156,204 109,048 56,082 21,033 16,479 13,349 9,462 6,167 9,479
952,837 252,649 160,562 146,629 111,395 55,952 20,234 16,394 12,811 8,812 6,360 5,674
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HONG KONG | Wed Dec 21, 2011 8:15am EST HONG KONG (Reuters) - China became the world's top patent filer in 2011, surpassing the United States and Japan as it steps up innovation to improve its intellectual property rights track record, a Thomson Reuters research report showed on Wednesday. The report said the world's second-largest economy aimed to transform from a "made in China" to a "designed in China" market, with the government pushing for innovation in sectors such as automobiles, pharmaceuticals and technology. However, legal experts said China would need to do more before it can lead the world in innovation as the quality of patents needed to improve. The Thomson Reuters report said published patent applications from China were expected to total nearly 500,000 in 2015, following by the United States with close to 400,000 and Japan with almost 300,000.
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1970-2000
History of Patents
First reported in the Middle ages in Western Europe
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HISTORY OF PATENTS
Internationalization (1883 to Present) Protections of inventions outside country possible Paris Convention National treatment (Reciprocal Rights) Right of Priority Common rules Patent Cooperation Treaty (PCT) Minimum standards (term) Ease of filing/examination
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PRIORITY
Concept of Priority
Can claim priority for filing in other countries within 12 months of one or more basic applications.
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Can be traced back to 1856 First part of British Patent Law of 1852. The Indian Patents and Design Act 1911. The Present Act: Indian Patents Act 1970 (amended in 1999, 2002 and 2005) Present amendment of Act is TRIPS compliant
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TERRITORIAL RIGHTS
Patents are Territorial Granted by Individual nations
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RIGHTS OF A PATENTEE
To prevent others from making, using, selling or vending the invention without consent No patentee has the right to make, use, sell or vend his invention if these act mean infringement on the granted rights of any other patentee, but he has the right to prevent others from commercially exploiting his invention without his consent. Grant of a patent does not give you a right to use your invention You may need * registration for medicines * permission to build a plant * a licence from another inventor * Patent clearance A patent is no substitute for such approvals
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Copy
Copy
No remedy!!!!
What is an invention?
Invention means a new product or process involving an inventive step and capable of industrial applicationS/2(1)(j) Inventive step means a feature of the 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
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Novelty
Inventive step
Industrial application but subject to Statutory exclusions
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Patentability gates
Novelty
Fundamental requirement of patentability No monopoly offered for something already published or which is already in public domain Single document rule
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A process for creating energy from..; A perpetual motion machine..; A method for suspending articles in air under the influence of gravity alone. 3b) Contrary public order, morality or prejudicial to environment
A method of committing burglary comprising.. 3c) Mere discovery of scientific principle/theory/discovery of living non-living substance occurring in nature.
Newtons law of gravity, laws of motion, laws of thermodynamics. Discovery of a bacteria/virus/chemical element.
Statutory bar
inventions not patentable
3d) Mere discovery of any new property, new use of a known substance mere use of a known processunless such. Blood thinning property of Aspirin.. 3e) Substance obtained by a mere admixture resulting only. A hair oil containing a known perfume 3f) Mere arrangement/ rearrangement or duplication of known devices.. Combination of night lamp and alarm clock.
3h)
Process for medicinal, curative for humans and animals (not plants) Plants and animals in whole, other than micro-organisms. Mathematical/Business method or computer program per-se, A literary, dramatic, musical or artistic..whatsoever.
3m)
3n) 3o) 3p)
Section 3(d)
the mere discovery of any new property or mere new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
Explanation for the purpose of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substances shall be considered to be the same substance unless they differ significantly in properties with regard to efficacy
No patent shall be granted in respect of an invention relating to Atomic energy falling within sub section (1) of section 20 of the Atomic Energy Act, 1962.
e.g. Inventions relating to compounds of Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by Central Government from time to time.
Establishing novelty
By searching state of the art in databases - Is it already published? Is there atleast one distinguishing feature ? If yes, then there is novelty; if no, novelty is destroyed. Presence of novelty is never absolute Absence of evidence is not equal to Evidence of absence
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All the essential features of the invention disclosed in a single prior art document
EXAMPLES OF NOVELTY
Novel cup
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EXAMPLES OF NOVELTY
Inventive step
..only if there is novelty
The new feature should give some technical effect Should not be obvious Should solve some problem Surprising result By showing that a person with ordinary skill would not have got from A to B with ease
Inventive step
KNOWN KNOWLEDGE
Novelty
NEW KNOWLEDGE 58
Present inventors have surprisingly found that mixing gunpowder 61 with paint allows quick removal of paint by setting a small explosive charge to the painted surface.
Present inventors have extensively studied carbon fibers made from 6000 different types of vegetable materials and have surprisingly found that carbon fibers made from specific bamboo species found in China have much higher mechanical strength than any other type of carbon fibers ever used by mankind and last for a few months 62 instead of few days.
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DEVELOPMENT
1874 Bell worked on musical telegraph. Vibration of reed by making and breaking electrical circuit. June 1875 Reed stuck closed.
Still vibrated
July 1875 Bell and Watson build a primitive diaphragm phone not effective. February 1876 US patent filed. March 1876 US patent issued.
BELL CLAIM 5
LITIGATION
Such a claim would not be allowed today. 1879 Western Union try to get around Bells patent. They recruit Thomas Edison / Elisha Gray.
Button microphone
Bell sues for infringement. Gray shown to have invented before Bell, but he did not patent. Bell patent said to be obvious courts disagreed. Western Union settled by granting license to Bell. Western Union exited telephone business!!
PROBLEM
To improve the sound quality obtainable with current interrupting musical telegraphs to enable voice transmission.
SOLUTION
Keep the circuit constantly closed and vary the current.
HISTORICAL FOOTNOTE
An early version of the telephone was invented around 1860 (15 years before Bell) by Antonio Meucci who called it teletrofono. Meucci was recognised as the first inventor of the telephone by the United States House of Representatives, in 2002 ("if Meucci had been able to pay the $10 fee to maintain the caveat after 1874, no patent could have been issued to Bell").
DEVELOPMENT
In 1839 Charles Goodyear accidentally dropped some rubber mixed with sulphur on a hot stove. The rubber product charred but did not soften any more. He had made vulcanised rubber and the world was changed forever. Goodyear took another 15 years to file his patent application, by which time he had been beaten to the patent office in 1843. He never made money from his breakthrough invention.
PROBLEM
Change the properties of natural rubber to stop it becoming sticky.
SOLUTION
Mix the natural rubber with sulphur and another material such as white lead and heat it up.
QUIZ
Onion flavoured icecream sold by A in 2005, Garlic flavoured icecream sold by B in 2005 Onion and garlic flavoured icecream published in a Journal article on 15th August 2007 in Germany. Patent granted only in Germany in 2003 for onion-garlic flavoured icecream
same
same
same
No publication found. Consumer tests in various malls across India in March 2007 79
Quiz
same
Onion and garlic Onion-garlic icecreams with red icecream with white onions are well known. onions gives better storage stability Heart shaped detergent bar Heart shaped nonsoap detergent bar Heart shaped biscuits Heart shaped soap bar Wheel
8 9
10 Road-roller
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Quiz
11 Road-roller of 10 m wheel width for making airstrip 12 Use of massage oil containing neem for reducing pain in arthritis 13 Drug containing haldi (cucumin) based on the discovery of mechanism by which haldi helps in fighting cancer 14 Converting water into petrol 15 Use of paracetamol (crocin) to cure cancer Road-roller of 2 m wheel width for roads Massage with oil containing neem for glowing skin is practiced by a tribe in Andaman. No published literature (either journals, books or patents)
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Data generation
Preliminary draft
Final draft
PROVISIONAL SPECIFICATION FILED
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With in 1M
18M 2M
REQUEST FOR EXAMINATION [S. 11(B)(1); R 24B(1)(i)] REFERING TO EXAMINER Examination & Communication of FER
[ S.12(2) & 14; R 24 B(2)(ii)]
3M* 27M
2M 3M 4M*
7.
2M
85 THIRD PARTY OPPOSITION BY REPRESENTATION U/S 25(1) IS FILED WITHIN 3 MONTHS OF THE PUBLICATION
OPPOSITION U/S 25(1) IS DISPOSED OFF WITHIN 4 MONTHS.
TIMELINE
[MIN.]
1M
6M
5.
8M
6.
7.
1. 2. 3. 4.
1M
APPLICATION IS FILED WITH COMPL. SPECN. AND EARLY PUBL. REQUEST [F-9]. PATENT OFFICE PUBLICATION PROCESS IS COMPUTERISED TO PUBLISH WITHIN 1 MONTH. APPLICANT IS DILIGENT TO FILE F-19 AS WELL AS QUICK REPLY TO FER. EITHER NO OPP. BY REPRESENTATION U/S 25(1) FILED OR IT IS FILED JUST AFTER PUBLICATION.
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TERM OF A PATENT
Till May 19th 2003, India had a difference in the term of the patent as compared to the rest of the world. Now it has been made uniform for all types of applications and it is 20 years from the date of filing.
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Parts Of a Patent
Title Technical Filed (Title and preamble) Background and Description of the Art Object of the invention Statement of Invention Detailed Description of Invention Examples Claims Drawings Abstract
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Patent Claims
Defines clearly and precisely the monopoly claimed
Claim alone defines monopoly
Patentee is under statutory obligation to state and define his invention in the form of claims
Claim is the operative part of the specification
OK
OK
Not OK
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Rights of a patentee
National right Right to prevent others from practicing without consent Grant of a patent does not give you a right to use your invention You may need 1. Regulatory clearances 2. permission to build a plant 3. licence from another inventor 4. Patent clearance A patent is not a substitute for such approvals
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Infringement
A thing within the claim remains an infringement, even if further things are added to it
If claim is on A+B+C It is an infringement if formulation has A + B + C + (nothing or anything else)
If claim is on A+B+C
Formulation with A + B, B + C, or A + C is not an infringement
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PATENT CLEARANCE
To ensure that a product/process does not infringe any third party valid patent rights. A legal opinion that conveys
Due search has been done Product does not infringe any valid patent
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REFERENCES
Henry Chesborough, see http://www.openinnovation.net/ Scouting www.yet2.com www.onebillionminds.com www.ideawicket.com www.ideaken.com Open innovation in industry http://research.nokia.com/open_innovation http://www.openinnovators.net/list-open-innovation crowdsourcingexamples/ IPR, see basic courses at http://wipo.int/academy/en/courses/rp_catalog/index.jsp some are free, e.g DL-001, DL-101) some need fees (DL 301, DL318) General info http://www.wipo.int/athome/en/source.html Patents: basics http://www.wipo.int/patentscope/en/patents/ Some famous US patents: http://www.ipmall.info/about/user11.asp Indian patent office: http://ipindia.nic.in/ipr/patent/patents.htm
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REFERENCES
Case studies of IP advantage from India http://www.wipo.int/ipadvantage/en/search.jsp?obj_protection_id=&i ns_protection_id=&focus_id=&globalissue_id=&type_id=&industry_id =&territory_id=80&order=territory List of Wipo courses http://wipo.int/academy/en/courses/rp_catalog/index.jsp Patent searching http://www.wipo.int/patentscope/search/en/search.jsf http://www.ipindia.nic.in/ipirs1/patentsearch.htm http://www.epo.org/searching/free/espacenet.html History of Indian patent system http://ipindia.nic.in/ipr/patent/patents.htm Inventors handbook http://www.epo.org/learning-events/materials/inventorshandbook.html 97
REFERENCES
Cases: Bajaj vs TVS (Flame motorcycle) http://www.psalegal.com/pdf/IPR-Technology-Bulletin-IssueXII01082010101650AM.pdf NATCO vs Roche (Compulsory licensing) http://spicyipindia.blogspot.in/2008/01/roche-vs-natco-indias-firstdoha-style.html http://www.livemint.com/2011/11/24234234/Bayer-withdraws-writpetition.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1609672 Detailed discussion of impact of section 3(d) Novartis case for the drug anti-cancer drug glivec (imatinib mesylate) http://www.novartis.com/newsroom/product-related-infocenter/glivec.shtml (Novartis view) http://www.doctorswithoutborders.org/publications/article.cfm?id=57 69&cat=briefing-documents (View from medicines sans frontiers) www.nipoonline.org/Section-report.doc (detailed analysis) Current issues of interest: http://spicyipindia.blogspot.in/ 98