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Saturday, October 21, 2017

Limits of cross-licensing agreement

HTC are the third party beneficiaries of a covenant contained in a 1998 cross-licence agreement between Qualcomm Inc and the Claimant, Philips. The three patents in issue concern High Speed Packet Access (HSPA) and have been declared essential by Philips to the Universal Mobile Telecommunications System (UMTS) standard developed under the European Telecommunications Standards Institute (ETSI). HSPA was added to the UMTS standard in 2002 (enabling handsets to download data at high speeds) and in 2004 (for uplink data transfer).  The alleged infringing HTC handsets implement releases 5 and 6 of UMTS, and have HSPA.  HSPA is a hybrid TDMA/CDMA system. 
HTC argued that they are covered by the covenant not to sue, because (i) they have been designated a "CDMA Technically Necessary Patent Beneficiary" in writing by Qualcomm to Philips; (ii) the patents have been declared essential to the UMTS standard; and (iii) the UMTS standard is a "CDMA Wireless Industry Standard".  Philip submitted that the alleged infringements arise from HTC's implementation of high speed packet access (HSPA) which is not an act of infringement of a "CDMA Wireless Industry Standard".

Further reading.

Friday, October 13, 2017

Book Summery

Patent IPR Licensing-
Technology Commercialisation-
Innovation Marketing

This is a guide book for researchers and innovators from IFIA member, Indian Innovators Association. The Author in his long association with innovators noticed that more often benefits from creative endeavor elude the researcher/ engineer. The point of vexation arises when they notice that there are no buyers for their innovation.

One remedy for this heart burning experience is to start preparation for commercialization early in the development phase with clarity on the fundamentals of relevant market. The market is different for Patent license, Technology Commercialization and Innovation. Understanding characteristics of the market you are jumping into is a pre-requisite for non-business savvy innovator. This guide book takes the reader to each of these markets giving a basic view of each market.

Message from Alireza RASTEGAR, IFIA President:

Intellectual Property protection, licensing, commercialization and innovation marketing are the required steps for developing an innovative idea into a marketable product. Having knowledge about these concepts ensured the successful exploitation of the innovative technologies in the industrial sectors.
The community of idea owners needs to know how to prepare a well-drafted patent application, generate wealth from the patent, create physical products to help the brand
thrive and license their patents without the need to write a business plan, develop a marketing strategy, spend money on advertising, or find distribution.
Thanks to the efforts made by the Indian Innovator Association, IFIA Full member and representative in India, such information has become available. The inventors and innovators all around the world are encouraged to benefit from the wealth of knowledge
included in the book "PATENT LICENSING TECHNOLOGY COMMERCIALISATION INNOVATION MARKETING" and become familiar with a variety of new concepts.

The book is available at , Flipkart, Amazon, Kindle, iBook, Google Play etc.

Monday, September 25, 2017

Public Procurement (Preference to Make in India) Order 2017- Notifying Cyber Security Products in furtherance of the Order

The Government has issued Public Procurement (Preference to Make in India) Order 2017 vide the Department of Industrial Policy and Promotion (DIPP) Notification No.P-45021/2/2017-B.E.-II dated 15.06.2017 to encourage ‘Make in India’ and to promote manufacturing and production of goods and services in India with a view to enhancing income and employment.
 In furtherance of the Public Procurement (Preference to Make in India) Order 2017 notified vide reference cited above, the Ministry of Electronics and Information Technology (MeitY) hereby notifies that preference shall be provided by all procuring entities to domestically manufactured/ produced Cyber Security Products as per the aforesaid Order.
For the purpose of this Notification, Cyber Security Product means a product or appliance or software manufactured/ producedfor the purpose of maintaining confidentiality, availability and integrity of Information by protecting computing devices, infrastructure, programs, data from attack, damage, or unauthorized access.
In addition to being an Indian registered / incorporated entity, and supplying products should satisfy the conditions of IP ownership as under:
IP Ownership rights would need to be substantiated by adequate proof, such as (a) adequate documentation evidencing ownership(evidenced by supporting proof such as documentation related to development but not limited to IP assignments, shrink wraps, license agreements, click wraps); OR (b) IP registrations. It may be noted that IP registrations is not a compulsory criteria as it is not necessary to register to exercise copyright in India.

Thursday, September 14, 2017

Patent IPR Licensing- Technology Commercialisation – Innovation Marketing : Guide Book for Researchers, Innovators

My new book:
The guide book by Indian Innovators Association will help researchers and innovators to clearly understand the difference between patent licensing, technology commercialization and innovation marketing. Everything is important but each one is different. Intellectual property is a common thread and the reader is taken through the fundamentals of IPR before explaining each of the three. topics.

Available at:

Thursday, July 06, 2017

Revised Guidelines for Computer Related Inventions

Government released revised guidelines on June 30th. It replaces guidelines issued in February 2016.
Means plus Function: The claims concerning CRIs are often phrased in means for performing some function such as means for converting digital to analog signal etc. These types of claims are termed as means +function format. The „means‟ mentioned in the claims shall clearly be defined with the help of physical constructional features and their reference numerals to enhance the intelligibility of the claims. The claims in means plus function form shall not be allowed if the structural features of those means are not disclosed in the specification. Further, if the specification supports performing the invention solely by the computer program then in that case means plus function claims shall be rejected as these means are nothing but computer programme per se. Where no structural features of those means are disclosed in the specification and specification supports performing the invention solely by the software then in that case means in the “means plus function” claims are nothing but software.