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Thursday, November 08, 2018

Draft National Policy on Electronics 2018 (NPE 2018)- what is new?

In the long wish list, there are few statements/ intentions that stand out.

  • Admission:  Replacing M-SIPS scheme with schemes that are easier to implement such as Interest subsidy and Credit default guarantee, etc., in order to encourage new units and expansion of existing units in electronics manufacturing sector.(5.1.4).
  • Contradicting: Exempt the import duty on identified capital equipment not being manufactured in the country, to reduce capital expenditure for setting up/ expansion of existing units.(5.1.6). Levy Cess on identified electronic goods to be considered to generate resources for promotion of certain critical sub-sectors of electronics manufacturing such as semiconductor wafer fabrication and display fabrication units.(5.1.9).
  • Confusion persists: Promote path-breaking research, grass root level innovations and early stage Start-ups in emerging technology areas such as....having major economic potential, with a special focus on applying the outcomes, including frugal solutions, to solve real-life problems. (5.6.1)
  • Daring: ...acquire & pool, Core and Peripheral IPs and make them available to the Industry (5.6.4). Promote investment in mega facilities abroad, such as an existing FAB facility, including support for setting up of R&D units abroad, where eco-system exists for a particular technology.(5.15).
Download document. Comment by 15th November 2018.

Saturday, November 03, 2018

EPO guidelines on AI

EPO release guidelines on the patentability of artificial intelligence (AI) and machine learning technologies. Artificial intelligence and machine learning are based on computational models and algorithms for classification, clustering, regression and dimensionality reduction, such as neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis.
Artificial intelligence and machine learning find applications in various fields of technology. For example, the use of a neural network in a heart-monitoring apparatus for the purpose of identifying irregular heartbeats makes a technical contribution. The classification of digital images, videos, audio or speech signals based on low-level features (e.g. edges or pixel attributes for images) are further typical technical applications of classification algorithms. Classifying text documents solely in respect of their textual content is however not regarded to be per se a technical purpose but a linguistic one (T 1358/09). Classifying abstract data records or even "telecommunication network data records" without any indication of a technical use being made of the resulting classification is also not per se a technical purpose, even if the classification algorithm may be considered to have valuable mathematical properties such as robustness (T 1784/06).

Saturday, September 22, 2018

Global Young Scientists Challenge 2018 (GYSC)

With a view to improve ideas with cross-pollination, Global Young Scientists Challenge was held in India on 8th & 9th September 2018. Science projects of hundred students from India, Malaysia, Laos, China, Russia, Philippines were show cased. International jury headed by Dr Zengpei, CIA, China selected the winners. Awards were presented by Minister for Human Resources of Andhra Pradesh , Sri Ganta Srinivara Rao on 9th.

Drone Regulations 1.0- India

Director General of Civil Aviation (DGCA), which monitors India’s drones or Unmanned Aerial Vehicles (UAVs) ecosystem has released India’s drone policy called Drone Regulations 1.0, that dictates a process for creating an unmanned air traffic control system for running drones in the low-altitude airspace. These regulations will enable the safe, commercial usage of drones starting December 1, 2018. 
Drone Regulations 1.0 are intended to enable visual line-of-sight daytime-only and a maximum of 400 ft altitude operations. Air space has been partitioned into Red Zone (flying not permitted), Yellow Zone (controlled airspace), and Green Zone (automatic permission). 
Instead of simply digitizing a paper-based process for registering and operating drones, India has formulated an all-digital process. The Digital Sky Platform is the first-of-its-kind national unmanned traffic management (UTM) platform that implements “no permission, no takeoff” (NPNT). Users will be required to do a one-time registration of their drones, pilots and owners. For every flight (exempted for the nano category), users will be required to ask for permission to fly on a mobile app and an automated process permits or denies the request instantly. To prevent unauthorized flights and to ensure public safety, any drone without a digital permit to fly will simply not be able to takeoff. The UTM operates as a traffic regulator in the drone airspace and coordinates closely with the defense and civilian air traffic controllers (ATCs) to ensure that drones remain on the approved flight paths.
Key features of Drone Regulations 1.0 are:
Notification of Final Regulations for Civil Use of Remotely Piloted Aircraft System
The Directorate General of Civil Aviation has issued today the Civil Aviation Requirements (CAR) for civil use of Remotely Piloted Aircraft System (RPAS) commonly known as drones. The regulation was developed after extensive consultations among various stakeholders, and will be effective from 1st December, 2018.
As per the regulation, there are 5 categories of RPAS categorized by weight, namely nano, micro, small, medium and large.
Operational/ Procedural Requirements:
All RPAS except nano and those owned by NTRO, ARC and Central Intelligence Agencies are to be registered and issued with Unique Identification Number (UIN).
Unmanned Aircraft Operator Permit (UAOP) shall be required for RPA operators except for nano RPAS operating below 50 ft., micro RPAS operating below 200 ft., and those owned by NTRO, ARC and Central Intelligence Agencies.
The mandatory equipment required for operation of RPAS except nano category are (a) GNSS (GPS), (b) Return-To-Home (RTH), (c) Anti-collision light, (d) ID-Plate, (e)  Flight controller with flight data logging capability, and (f) RF ID and SIM/ No-Permission No Take off (NPNT).
As of now, RPAS to operate within visual line of sight (VLoS), during day time only, and upto maximum 400 ft. altitude.
For flying in controlled Airspace, filing of flight plan and obtaining Air Defence Clearance (ADC) /Flight Information Centre (FIC) number shall be necessary.
Minimum manufacturing standards and training requirements of Remote Pilots of small and above categories of RPAS have been specified in the regulation.
No Drone Zones:
The regulation defines “No Drone Zones” around airports;near international border, Vijay Chowk in Delhi; State Secretariat Complex in State Capitals, strategic locations/vital and military installations; etc.
Operations through Digital Platform:
Operations of RPAS to be enabled through Digital Sky Platform. The RPAS operations will be based on NPNT (No Permission, No Take off). The details including links for the digital sky platform shall be available in DGCA website from 1st December, 2018. There will be different colour zones visible to the applicant while applying in the digital sky platform, viz, Red Zone: flying not permitted, Yellow Zone (controlled airspace): permission required before flying, and Green Zone (uncontrolled airspace): automatic permission.
Enforcement Actions:
The enforcement actions are, (a) suspension/ cancellation of UIN/ UAOP in case of violation of regulatory provisions, (b) actions as per relevant Sections of the Aircraft Act 1934, or Aircraft Rules, or any statutory provisions, and (c) penalties as per applicable IPCs (such as 287, 336, 337, 338, or any relevant section of IPC).

Tuesday, August 21, 2018

Sovereign Patent Funds (SPF)

In the year 2000, a new patent aggregation business emerged under the name Intellectual Ventures (“IV”). Armed with more than five billion dollars from global companies such as Microsoft, Intel, Sony, Nokia, Apple, Google, Yahoo, American Express, Adobe, SAP, Nvidia, and eBay, IV aggressively acquired patents. Within its first ten years of existence, the privately-held company occupied the enviable spot of being one of the top five U.S. patent owners. In March 2009, IV expanded its reach globally to Japan, South Korea, Taiwan, China, India, and other countries, hoarding patents in important industries as it opened new offices on foreign soil. Indian innovators happily sold their patents for small amounts reported to be around 5000USD.As of today, IV owns a portfolio of 70,000 patents and collects more than three billion dollars in licensing fees.

Alarmed by the rise of powerful patent aggregators in the United States, governments from other countries have decided to counter with their own initiatives of aggregating patents through the establishment of Sovereign Patent Funds (“SPFs”). In the last few years, Japan, South Korea, China, Taiwan, and France have each launched SPFs. The Japanese government, through the Ministry of Economy, Trade and Industry, established its sovereign patent fund, the Innovation Network Corporation of Japan (“INCJ”), in July 2009. In 2010, the South Korean Ministry of Economics established a sovereign patent fund, Intellectual Discovery (“ID”). In August 2011, Taiwan created its first sovereign patent fund, the Taiwan Medtech Fund.  In 2014, China stoked fear in the patent market by establishing the Ruichuan IPR Funds.
Further Reading: https://lawreview.law.ucdavis.edu/issues/51/4/Articles/51-4_Nguyen.pdf

Saturday, August 18, 2018

Patent Cooperation Treaty Yearly Review 2018


Highlights from the report.

  • An estimated 243,500 international patent applications were filed under WIPO’s Patent Cooperation Treaty (PCT) in 2017.  With 56,158 filings, the United States Patent and Trademark Office (USPTO) received the highest number of PCT applications; it was followed by the State Intellectual Property Office of the People’s Republic of China (SIPO; 50,674), the Japan Patent Office (JPO; 47,425), the European Patent Office (EPO; 36,714), the Korean Intellectual Property Office (KIPO; 15,830) and the International Bureau (IB) of WIPO (10,212).
  • The business sector accounted for 84.8% of all published PCT applications, followed by individuals (8%), the university sector (5.4%) and the government and public research organizations (PROs) sector (1.9%).
  • Huawei Technologies was the top PCT applicant in 2017, with 4,024 published PCT applications. With 2,965 published PCT applications, ZTE Corporation moved from first to second place. These two Shenzhen-based companies were followed by U.S.-based Intel Corporation (2,637), Mitsubishi Electric Corporation of Japan (2,521) and Qualcomm Incorporated of the U.S. (2,163).
  • Among educational institutions, the University of California (482 published PCT applications) has remained the largest user of the PCT System since 1993 . The Massachusetts Institute of Technology (278) ranked second, followed by Harvard University (179), the University of Texas System (161) and Johns Hopkins University (129). 
  • Computer technology (19,122) was the most frequently featured technology field in published PCT applications in 2017, followed by digital communication (18,400), electrical machinery, apparatus, energy (15,223) and medical technology (15,024).
  • India filed 1603 PCT applications in 2017, 1528 in 2016 and 1412 in 2015. One third of Indian PCT applications have USA as designated country. 
  • India is an attractive destination for PCT applications. Indian patent office received 25,896 national phase entries in 2016 and 27,882 in 2015. 96.4% of PCT applications received at India office had date of priority.
  •  A relatively high share of PCT filings from India related to pharmaceuticals, Singapore - semiconductors, China- Audio Visual Technology, Computer technology, Sweden- Digital communication, Japan- Electrical Machinery, Israel- Medical technology, Netherlands- Optics, France- Transport.
  •  In 2017, less than half of all PCT applications (47.6%) were published in English, followed by Japanese (19.4%) and Chinese (15.7%).

Tuesday, August 14, 2018

Government seeks public comments on Data protection bill; September 10 deadline

Two weeks after the draft of the data protection Bill was submitted by the Justice BN Srikrishna committee, the government has invited comments from stakeholders and public on it. Inviting comments on the draft, the ministry of electronics and IT has given time till September 10 which can be posted on the website. 
This follows EU Bill General Data Protection Regulation.

“EU GDPR was an over-reach. The Indian law seems a bit more rational and gets the balance right between the rights of the individual and the public good that comes from the digital economy. Having said that, the clauses on processing of data on reasonable grounds should have been less vague and the bill should have defined some accountability on part of the government when it processes personal data of the users without consent,” Suneeth Katarki, Partner, IndusLaw,

Read both and form your own opinion.

Right to be Forgotten:
GDPR’s Article 17 has outlined the circumstances under which EU citizens can exercise their right to be forgotten or right to erasure. The Article gives individuals the right to get personal data erased under six conditions, including withdrawal of consent to use data, or if data is no longer relevant for the purpose it was collected. However, the request may not be entertained in some situations such as if the request contradicts the right of freedom of expression and information, or when it goes against  public interest in the area of public health, scientific or historical research or statistical purposes. The B.N. Srikrishna Committee report has laid significant emphasis on obtaining the consent of an individual to process and use personal data. The committee said consent must be “informed”, “specific” and “clear”, and needs to be capable of being withdrawn as easily as it was given. 
The draft Personal Data Protection Bill, 2018, has a section on the Right to be Forgotten. But the proposed bill does not provide right to erasure
Section 27 of the bill has listed out three scenarios in which an individual will have the “right to restrict or prevent continuing disclosure of personal data” or the right to be forgotten, in a sense. This will be applicable if data disclosure is no longer necessary, the consent to use data has been withdrawn or if data is being used contrary to the provisions of the law. An adjudicating officer will have to determine the applicability of one of the three scenarios. The officer will also have to determine that the right of the individual to restrict use of her data over-rides the right to freedom of speech or right to information of any other citizen. (Source: Livemint)

Wednesday, August 01, 2018

Andhra Entrepreenurs

This second book by Indian Innovators Association looks at the history of Andhra — this is not a story of Rajas and Sultans but of Entrepreneurs. The market is the battlefield. More specifically, it is about the Farmer Capitalists of Andhra and their technocrat successors. 
What is unique about them? They are different; they are neither from the trading community nor from the deserts. The long prologue takes the reader to chapters on the Farmer Capitalists of Andhra, second generation Andhra entrepreneurs, an introduction to the fourth industrial revolution and ends by looking at some opportunities for smart Andhra entrepreneurs. 
“Now is the time for successors to farmer capitalists to reinvent farming with tools of the fourth industrial revolution.”
The book is currently available: