OPEN INNOVATION AND INTELLECTUAL PROPERTY

DR. NITIN S. DESHPANDE OPEN INNOVATION MANAGER, INDIA

FEBRUARY 12, 2013

OUTLINE OF THE PRESENTATION

Unilever Open Innovation Introduction to IPR and types of IPR Concept of Patent and Historical perspective Inventions Patentability Novelty
Inventive merit Industrial application

Non-Patentable inventions/Statutory exclusions Life cycle of a patent

ABOUT UNILEVER
& OUR SUSTAINABLE LIVING PLAN

PEOPLE KNOW US BY OUR BRANDS

COMPASS: OUR VISION

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.

THE UNILEVER SUSTAINABLE LIVING PLAN

We have long been working and reporting on our impact on society and the environment. Our Sustainable Living Plan brings together all this work and sets many new targets. Our Sustainable Living Plan will result in: three significant outcomes by 2020:
We will help more than 1 billion people take action to improve their health and well-being. We will halve the environmental impact of the making and use of our products. Source 100% of agricultural raw materials sustainably.

SMALL ACTIONS / BIG DIFFERENCE

UNILEVER R&D
DELIVERING IMPACTFUL, SUSTAINABLE INNOVATIONS

KEY FACTS AND FIGURES

Total of 6000+ R&D professionals
6 Global Research Centres 31 Product Development Centres Budget 1,01 billion in 2011 Between 250 - 300 patents filed each year Between 300 350 journal and conference publications each year Unilever holds 20,000 granted and filed patents worldwide

R&D: DELIVERING SUSTAINABLE GROWTH

INNOVATING WITH OTHERS Supplier partnerships

Open Innovation 60% of Unilever innovation pipeline leverages Open innovation

New Business Unit

OUR LATEST INNOVATIONS

PERSONAL CARE

DISCOVER FOCUSSED ON SIX KEY SITES

Colworth Port Sunlight Vlaardingen

Interdependent
Trumbull Bangalore

Shanghai

DISCOVER SCIENCE EXPERTISE

Structured Materials and Process Science

Bioscience

Advanced Measurement and Data Modelling

Sensation, Perception and Behaviour

Nutrition and Health

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

Science & Technology Base

The Market

Research Investigations

Development

New Products & Services

Open innovation
Other firms market

Licence, spin out, divest Internal technology base

Our new market

Internal/external venture handling External technology insourcing External technology base

Our current market

Ref: Prof Henry Chesbrough UC Berkeley, Open Innovation

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).

INTELLECTUAL PROPERTY RIGHTS

What is Intellectual Property

..Movable, immovable, tangible, intangible

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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Forms of Intellectual property

Trade Marks / - Distinctive sign/symbol which identifies certain goods and services with the manufacturer An indicator of quality, reputation, good-will Perpetual right

Copyright - forms of expression related to literary, dramatic,musical, artistic, cinematographic works Right to exclude others from un-authorized copying

Lifetime of author + 60 years

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Forms of Intellectual property

Industrial designs - Protects ornamentation or aesthetic aspects of articles as seen by human eye.

Shapes, Patterns, lines, colors

Attractive and appealing - Increases Commercial value Term 10+5 years

Patents - Protects inventions Science and Technology

An invention, which when put to practice solves a problem in the field of science and technology Term - 20 years from date of filing
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Forms of Intellectual property

Geographical Indications Confidential information Any information that is not in public domain and which is of business value Received under obligation of confidentiality (implicit or otherwise) Due care by the owner of information to ensure confidentiality

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Rights of IP holders

IP
Use License Sell Mortgage Abandon

House
Live Rent Sell Mortgage Abandon

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Designs Apple vs Samsung

http://designpatentattorney.com/

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Domain names New form of IP

http://www.wipo.int/amc/en/domains/ Interesting questions what is jurisdiction for domain names? Force India team with new sponsor Sahara went for registration on Oct 14, 2011, and found the names to be taken on Oct 12, 2011 by someone else!
After discovering the Respondents registrations of the Disputed Domain Names, the Complainant immediately offered the Respondent INR 8,000 to buy the Disputed Domain Names but this offer was refused. The following day the offer was sweetened by the addition of a pair of free domestic air tickets with Kingfisher Airlines, and an all-expenses paid attendance for two people at the Singapore Grand Prix in 2012. These offers were likewise rejected by the Respondent. The Respondent and his wife were also afforded significant hospitality by the Complainant during the 2011 Indian Grand Prix. Subsequently, in December 2011, the Respondent indicated that he would transfer the Disputed Domain Names to the Complainant for USD 7,000. The Complainant then offered USD 10,000 for the Disputed Domain Names together with four other domain names registered by the Respondent being <saharaforceindia.in>, <saharaforceindiaf1.in>, <saharaforceindia.co.in> and <saharaforceindiaf1.co.in>. This offer was accepted by the Respondent but, before that agreement could be completed, the Complainant decided to instigate proceedings instead. Curiously, on March 22, 2012 the Complainant then offered the Respondent USD 4,000 for the Disputed Domain Names together with the four Indian domain names. The Respondent refused this offer.

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

making, using, selling or vending his invention, in return for

disclosing it in a patent specification, in such a manner that anyone skilled in the art should be able to reproduce the invention.

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PATENT

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Patent specification

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RATIONALE OF PATENT SYSTEM (AND IP IN GENERAL)

Benefit to the society Right/wrong morality -> law Inventions benefit society so inventors need encouragement (as monopoly) Monopolies stifle inventions, so safeguards are needed

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IMPACT ON INDUSTRIAL DEVELOPMENT

No of patents - countrywise
Total number of patent families by country of origin
Source: WIPO Statistics Database, 2011 Note: A patent family is defined as a set of patent applications inter-related by either priority claims or PCT national phase entries, normally containing the same subject matter. Statistics based on

Origin_Name / Origin_Code / Year

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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IMPACT ON INDUSTRIAL DEVELOPMENT

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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IMPACT ON INDUSTRIAL DEVELOPMENT

Drug industry in India and Patent regime Till 1970

Monopolistic No investment/ local capability Concerns about affordability

1970-2000

Socialist no product patent

2000-Present From Generic to Innovator Pharma?

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History of Patents
First reported in the Middle ages in Western Europe

Three periods in the History of Patents

Privileges (15th to 18th Century): Sovereign granted a monopoly Detailed specifications became necessary by 1711 National Patents (1790 to 1883) Individuals could apply and get grants E.g. US Patent Law (1790), France (1791) Rights abroad not given

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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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History of Patents in India

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

There is no such thing as a world patent

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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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LIMITATION OF THE MONOPOLY - INDIA

For experimental purpose (not for commercial gains) Compulsory licensing provisions Biodiversity Act

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The Patent, or Trade Secret dilemma

Invention
Market, Trade secret Market, Patent, disclosure

Copy

Copy

No remedy!!!!

Remedy Civil suit

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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

person skilled in the art. S/2(1)(ja)

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Conditions for patentability

Novelty

Inventive step
Industrial application but subject to Statutory exclusions

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Patentability gates

First gate statutory bar

Second gate novelty

Third gate inventive step Also capable of industrial application

Novelty

Fundamental requirement of patentability No monopoly offered for something already published or which is already in public domain Single document rule

Novelty is also destroyed by prior public knowledge and

prior public use

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Statutory bar inventions not patentable

SECTION 3
3a) Frivolous inventions; contrary to well established natural laws

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)

A method of agriculture or horticulture

Statutory bar Inventions not patentable

3i) 3j) 3k) 3l)

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)

A mere scheme or rule or method of performing mental act/games..

A presentation of information Topography of IC An invention which is traditional knowledge.

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

NOT PATENTABLE (UNDER SECTION 4)

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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Patentability Criteria - Novelty

What is not novel?
Prior publication Prior claiming Prior public use

All the essential features of the invention disclosed in a single prior art document

EXAMPLES OF NOVELTY

Prior art cup

Novel cup

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EXAMPLES OF NOVELTY

Prior art Pencil + eraser

New Pencil with eraser

New Pencil with eraser 57

Inventive step
..only if there is novelty

The Gap needs to be bridged with some Creativity

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

Patentability Criteria Inventive Step

Lack of inventive step
All the essential features of the invention disclosed in prior art (not necessarily in single document) Invention involves essential features A and B for curing typhoid Document D1 discloes feature A for curing typhoid Document D2 discloses feature B for curing typhoid Colourable imitations obvious extensions

Patentability Criteria Inventive Step

Establishing inventive step
Problem-solution approach.why prior art did not or could not solve the problem Selection: By selecting an ingredient or feature. This should be the best among general class described in prior art. Synergy: By demonstrating synergy.. Combined effect of multiple ingredients is greater than their arithmetic sum.

Patentability Criteria Inventive Step

Problem-solution Solving a problem in surprising manner.
Removing/peeling paint before repainting a surface requires labour and takes long time. Furthermore, mechanical or manual removal of paint can cause damage to the surface.
In particular, marine vessels which need frequent repainting can not be kept in docks for long time due to very high costs. The surface of marine vessels, if damaged, can lead to rapid corrosion due to exposure to corrosive salt water resulting into reduced seaworthiness and/or reduced life span of marine vessels. Current methods of paint removal do not address the problem of paint that can be removed quickly.

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.

Patentability Criteria Inventive Step

Selection from a known group with unexpected benefit
Use of carbon fibers made from vegetable material is well known as filaments in electric bulbs (this is in 1885). However, the currently well known carbon fibers such as coconut-shell carbon fibers do not last more than a few days. Furthermore, commonly used carbon fibers have relatively less mechanical strength and have a tendency to break easily leading to defective incandescent lamps.

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.

SYNERGY UNEXPECTED BENEFIT

Nitric Acid does not dissolve gold Hydrochloric acid does not dissolve gold Mixture of the two in certain ratio dissolves gold

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FAMOUS BREAKTHROUGH INVENTIONS

Telephone Vulcanised Rubber

TELEPHONE Alexander Bell 1876 US 174 465

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.

THE FIRST BELL PATENT

Apparatus claims not infringed. Bells telephone used poor technology. Further inventions needed to make the telephone a practical proposition. But patent included process claim 5.

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").

IMPROVED INDIA RUBBER US 3 633

Charles Goodyear: 1844 Natural or India rubber, as it was then known, was of limited usefulness to industry. Rubber products melted in hot weather, froze and cracked in cold, and adhered to virtually everything.

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.

GOODYEAR PATENT CLAIM 1

The combining of the said gum with sulphur and with white lead, so as to form a triple compound, .

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

Quiz: Novelty/inventive step

No Invention (India) 1 Onion and garlic icecream for reducing cholesterol and weight. 10th August 2007 same Prior Art Confidential document of Company X dated 1st March 2007

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

Only oral presentation in World Icecream Congress in 2005, no publication

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)

None Use of paracetamol as antipyretic

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Life Cycle of a patent

In house - conception and development - Discussion with attorneys - Drafting and filing Patent office Post grant, payment of fees Expiry of the patent or abandonment Public domain

82

In house conception & development

Preliminary discussions
Question and Answers to understand the inventive concept

Data generation
Preliminary draft

Final draft
PROVISIONAL SPECIFICATION FILED

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Stage 2 - Patent Office

Provisional Specification filed (0m) Complete specification filed (12m) Withdrawal of application, if any (before 18 m) Publication in Journal (after 18 m) Examination and Prosecution Pre-grant opposition, if any

Grant (typically 3-4 years from filing)

Publication after grant Post grant Opposition, if any, until 1 year Maintenance by paying renewal fees Restoration in case of lapsed patents (18 m of lapsing)

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STAGE 2: PRESENT TIMELINE (NORMAL)

1. FILING OF APPLICATION (COMP/PROV) 2. 3. 4. 5. 6. SCRUTINY COMP AFTER PROV. [Cl.7(a)(1)/S.9(1) PUBLICATION [S. 11A(1); R. 24] With in 12M

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.

MEETING REQUIREMENT BY APPLICANT [S. 21(1); R. 24B(4)(i)&(ii)]

8 *. THIRD PARTY OPP. BY REPRESENTATION AND DISPOSAL

[S. 25(1); R.55(1)-(6)]

9. GRANT & NOTIFICATION [Cl.33/S.43(1)&(2)]

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.

PRESENT TIMELINES (TATKAL..)

ACTIVITY
1. FILING APPL.with

TIMELINE

[MIN.]

[Comp.+RQ for Early Publ. CL.10a(2)/S.11A(2);R 24A]

2. 3. 4. PUBLICATION [S. 11A(1); R. 24] REQUEST FOR EXAM [S. 11(B)(1); R 24B(1)(i)] REFERRING TO EXAMINER

1M

Exam. & Communication (FER)

[ S.12(2) & 14; R 24 B(2)(ii)]

6M

5.

MEETING THE REQUIREMENT BY APPLICANT [S. 21(1); R. 24B(4)(i)&(ii)]

8M

6.

THIRD PARTY OPP. BY REPRESENTATION

AND DISPOSAL [S. 25(1); R.55(1)-(6)]

7.
1. 2. 3. 4.

GRANT OF PATENT & NOTIFICATION [Cl.33/S.43(1)&(2)]

PRESUMPTIONS

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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Stage 3 - Granted patent in force

Use of the Patent Renewal Till end of term or abandonment during review

87

Stage 4 - Public domain

After end of term, or abandonment, or after post-grant opposition, or on revocation by an interested party
Patentee has no rights Anybody can freely practice the invention

88

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

Defines the exact boundaries

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)

It is not an infringement when one of the essential ingredients is not used

If claim is on A+B+C
Formulation with A + B, B + C, or A + C is not an infringement

It remains an infringement although changes are patentable

If A + B + C is known (or claimed earlier) (A+B+C + anything else) is possibly patentable, but would also be an infringement

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PRIOR ART SEARCHING

http://ep.espacenet.com/ http://patents.uspto.gov/ http://www.wipo.int Search by keywords Search by Patent Classification

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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

Penalty for willful infringement is thrice in USA!

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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