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Tuesday, September 24, 2019

Patent amendment rules 2019

The Patents (Amendment) Rules, 2019 have now come into effect through a notification by the Central Government on the 18th of September 2019 in its official gazette. A major change brought about by the new rules is that now in addition to startups and applicants designating India as ISA or electing India as IPEA in their corresponding PCT applications, the option of seeking expedited examination is now available to a wide category of applicants. According to the Patents (Amendment) Rules, 2019 rule 24 C is substituted to read as follows:
…(b) that the applicant is a startup; or
(c) that the applicant is a small entity; or
(d) that if the applicant is a natural person or in the case of joint applicants, all the applicants are natural persons, then the applicant or at least one of the applicants is a female; or
(e) that the applicant is a department of the Government; or
(f) that the applicant is an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government; or
(g) that the applicant is a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013); or
(h) that the applicant is an institution wholly or substantially financed by the Government;
Explanation:- For the purpose of this clause, the term ‘substantially financed’ shall have the same meaning as in the Explanation to sub-section (1) of section 14 of the Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act, 1971(56 of 1971); or
(i) that the application pertains to a sector which is notified by the Central Government on the basis of a request from the head of a department of the Central Government.:
Provided that public comments are invited before any such notification; or
(j) that the applicant is eligible under an arrangement for processing a patent application pursuant to an agreement between Indian Patent Office and a foreign Patent Office.
Explanation:- The patentability of patent applications filed under clause (j) above will be in accordance with the relevant provisions of the Act.”
Source: banana IP

Friday, September 13, 2019

Demand side innovation policy

Demand side innovation policy is now considered imperative for nations economic growth. It needs to be coupled with more traditional supply side innovation policies. While , supply side is taken care in most developed nations, catching up economies still struggle for want of knowledge capabilities and funds. Demand side is more tricky and less articulated. Compatibility with WTO, multilateral, bilateral agreements is one issue. More daunting is the systems and mindset that comes in the way of picking winners. Training public procurers needs long term commitment of policy makers, bureaucrats and other stake holders of a National Innovation System.

This compendium addresses this new topic listing several best practices.
Available at:
Amazon India
Amazon USA
Amazon UK
Flip Kart
Notion Press
Google Play

Sunday, September 08, 2019

Indian Pharma- export thrust leads to import dependence.

In the post-2000s period, India’s policymakers went on to promote an imbalanced growth of sales revenue in the case of large domestic pharmaceutical firms in an accelerated and highly skewed way. Large firms were allowed to grow by increasing their sales revenue through the expansion of pathways of low road to industrial development.  They were were allowed to produce and sell branded generics and combination products in the domestic market. Second, large firms were allowed to outsource production to small-scale firms for sale in the domestic market. Third, domestic firms supplied contract manufacturing and research services to foreign firms. Fourth, large firms were allowed to build strategic alliances and collaborations with other large firms of domestic and foreign origin. Fifth, trade was liberalised with a view to encourage exports embedded in imported active pharmaceutical ingredients. Consequently, there has been a rise in the number of large firms who do not undertake in-house manufacture of the core ingredient of the pharmaceutical formulations, or APIs, by themselves. That has made India dependent on China for key starting materials (KSMs), intermediates and APIs . 
The “success story” of the Indian pharmaceutical industry will be over when China enters the finished products market globally, which it is starting to. 

The Drug Discovery and Development Industry in India— Two Decades of Proprietary Small-Molecule R&D

Initially, post the 2000s, drug discovery research drove innovation activity by stressing on in-house R&D capabilities for close to 30 domestic pharmaceutical firms . However, the engagement of domestic pharmaceutical firms with drug discovery for new drug development has been on the decline from 2012. The number of patents filed on new chemical entities (NCEs)  by the domestic pharmaceutical firms is small . Presently, there are only three firms pursuing some activity in drug discovery and new drug development .
Read the paper.

Monday, July 22, 2019

Innovations in Public Administration in India

Conclusion in this special article by Dipti GuptaAshok Kumar PandeyAmit Garg.
An analysis of the Prime Minister’s awards in the paper provides certain insight into the innovation typology in Indian public administration and its distribution. 
First, the technological and management innovations are predominant in Indian public administration. However, the citizen-centric and collaborative innovations in administration need to evolve much more in order to achieve citizen satisfaction and trust in service provision, so as to provide high quality of services consistently.
Second, the award structure change in 2016 depicts a shift towards a top-down approach promoting innovation related to central schemes rather than being oriented to local context. Priority should be to integrate people’s needs for services with various relevant policies of the government and awarded innovations, dovetailing them in that order. Feedback on service quality from the people is also to be incorporated in service assessment continuously.
Third, the public service innovation strategy should incorporate an institutional set-up for scouting and cataloguing public administration innovations with a focus on context, resources, and individual, team or organisational initiatives to create replicable templates of flexible order out of these.
Fourth, Prime Minister award process can be made more transparent by making all the competing applications visible in public domain and considering beneficiaries’ feedback while deciding the award winners, thus, validating the whole process. An online public innovation repository can help achieve this.

Sunday, July 21, 2019

India's S&T policy under Indira Gandhi as narrated by Ashok Parthasarathi.

Lecture by Ashok Parthasarathi, DOWN THE MEMORY LANE RECALLING INDIA’S NATION – BUILDING EXERCISE is remarkable for his insights on early years on India's S&T policy.  Glimpses on his important part of Indian history:
Space Commission: After death of Sarabhai, Satish Dhavan was identified as successor and before accepting the offer, he gave his perspective and laid down conditions , direct with Prime Minister.

When PM opened the envelope, she found a six-page handwritten letter laying out a complete space profile from the current Sounding Rockets of the Ionosphere through the Scientific Satellite Aryabhatta the Remote Sensing Satellites. Dhavan called Bhaskara, to the Application Technology Satellite -6 to the APPLE to the SLV-3 our first Satellite Launch Vehicle to the Indian National Satellite (INSAT) to the Polar Satellite Launch Vehicle for Launching Sun-Synchronous Communication Satellites in Polar Orbits to, finally launching Geostationary Satellites called the Geostationary Satellite Launch Vehicle (GSLV).
Dhavan then came up to Delhi and met Indiraji. The 20-minute meeting went very well. Dhavan laid down three conditions for his finally taking up the job. First, that the Space Commission and Department of Space should have the same kind of powers and responsibilities as did the Atomic Energy Commission (AEC)’ Secondly, like the AEC again the Head- quarters of the Commission and the Department should, not be in Delhi but in Bengaluru, what with headquarters of the mammoth Hindustan Aeronautic Ltd, the National Aerospace Laboratory (NAL) of CSIR and the Aeronautical Development Establishment (ADE) and the Gas Turbine Research Establishment (GTRE) both of the Defense R&D Organisation Bengaluru was the Aerospace Capital of the country. Dhavan’s third and last condition was that it would be difficult- indeed in correct-for him and the institution he was currently heading- the Indian Institute of Science (I. I. Sc ) also in Bengaluru to suddenly and abruptly terminate a 25-year long association by his (Dhavan’s) leaving it. So he requested PM to agree to there being a smooth and gradual transition of the following kind. Dhavan would continue as Director IISc for a three year period after he took over as Chairman Space Commission. 


Wednesday, July 17, 2019

Battle for next generation SEP- CWA 17431 or CWA 95000

SEP issues sit at the heart of future technology developments that will support internet of things (IoT) deployments across consumer and enterprise markets. Meanwhile, 5G technologies will have an increasing role to play in the future economy by enabling the rise of the IoT.Not surprisingly, there is hot debate among companies involved in forging Europe’s nascent IoT.

On one side is a small group of companies that have shifted their business models from putting products into the market, to maximising profits from SEP licensing, including Nokia, Ericsson, InterDigital, and Qualcomm. These are the companies that hold a large portion of the patents that are essential for the implementation of key interoperability standards such as 4G/LTE, wifi and Bluetooth, as well as in emerging standards that will drive future 5G networks. Their guidelines is called CWA 1 or  CWA 17431. Qualcomm, Nokia, Interdigital, Dolby, and Ericsson are important members of this group.

The App Association founded an open and inclusive effort to develop a set of industry guidelines for SEP licensing, dubbed the CEN CENELEC Workshop Agreement2, or CWA 2/ CWA 95000. Participants included SEP holders and licensees of all sizes as well as those from industries just starting to jump into IoT, such as the automotive and healthcare industries. Apple, Intel, Samsung, and Cisco are important members of this group.

Monday, July 15, 2019

Independent inventor Kris K Panchoo from Maritius allege copying of his idea by FIFA

Kris K Panchoo is an independent innovator from Mauritius. He alleges his idea of a better referee system was copied by sports organization FIFA.
ProblemThe system of refereeing was a 2-side observation of the infringement of the game - on one side is the central referee and on the other side is the lineman. From this system numerous problems were occurring because they could not detect everything as they are both far from the play action and the 22 players would often obstruct clear vision to detect infringement of the game.
Solution by Panchooa 3-side observation - on one side is the central referee, on the second side is the lineman and on the 3rd side is the Goal-lineman which is the new member I created to perform. I.e a Triangular observation. From this triangular system, refereeing errors would drastically be reduced but not to perfection because players would still obstruct clear vision. It took me like a decade to find the real solution. From writing of Indian mystics I shift the goal-lineman position from ground level to an elevated level near the goal post in order to have a Panoramic view. From this system nothing could go unseen.
Protection: He received advise  that proposed system of refereeing football relates to a scheme or method of playing a game and is consequently specifically excluded under patent law. Hence he registered it as copyright in India.
He alleges Infringement by FIFA & UEFA knowingly without acknowledging / license.
Details as given by inventor:
21.12.1986 TS – Triangular System of Refereeing Football was invented by its copyright owner – Kris K. Panchoo  but not Not disclosed 
1986 to 1996 A whole decade of research to finally transformed TS into TPS & TPS2 for a perfect and unfailing system of match control.
(TPS – Triangular and Panoramic System of Refereeing. TPS2 is another advanced version)
02.07.1996 FIFA and UEFA informed about an unfailing/perfect system of refereeing, without any disclosure of the system.
18.07.1996 informed by fifa that proposal has been submitted to Fifa’s Task Force 2000.
15.10.1996 Fifa invited Kris to have  system tested by the Mauritian International referee, Mr Kim.
21.10.1996 By telefax - I refused to discuss or prove TPS to anybody else apart from fifa’s for two reasons :
 21.10.1996 Immediate reply from fifa, rejecting my proposal of discussion and proving. 


The inventor is looking for legal help to enforce his rights.