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Thursday, December 07, 2017

Technology Transfer Evolution

The vision statement of Technology Transfer office now includes `University Economic Engagement'.
University leaders are increasingly responding to the needs of the innovation economy—and in particular their local economies—by including innovation, entrepreneurship, and “economic engagement” programming in their strategic planning processes. As part of this response, university technology transfer offices are evolving, and must continue to evolve, toward participation in a broader scope of efforts—with patents and licensing as one emphasis, and also connecting with and engaging in other efforts that support the learning and discovery missions of the university. In evolving toward broader participation in university economic engagement, technology transfer offices will develop deeper relationships with industry and other community partners; broaden their reach to areas such as education, technology development, and entrepreneurship; and integrate more closely with other supportive administrative functions such as industry contracting. While budget and resource threats to the university research enterprise are creating increased pressure to generate revenue from licensing and innovation activities, university leaders must recognize that successful economic engagement will not be focused on short-term income, but rather on longer-term work on relationship development and ecosystem building. 

EU guidelines on SEP

EU touched on transparency of SEP.

Information on the existence, scope and relevance of SEPs is vital for fair licensing
negotiations and for allowing potential users of a standard to identify the scale of their
exposure to SEPs and necessary licensing partners. However, currently the only information
on SEPs accessible to users can be found in declaration databases maintained by SDOs which
may lack transparency. This situation makes licensing negotiations and the anticipation of
risks related to SEPs particularly difficult to navigate for start-ups and SMEs. The primary
purpose of declarations is to reassure an SDO and all third parties that the technology will be
accessible to users, typically under a commitment to license under FRAND conditions.
SDO databases may record tens of thousands of SEPs for a single standard, and this trend is
growing9. The declarations are based on a self-assessment by the patent holder, and are not
subject to scrutiny regarding the essentiality of the declared patent, which can evolve in the
course of the standard adoption procedure. In addition, stakeholders report that even in
concrete licensing negotiations licensors fail to substantiate their claims with more precise
information. This is particularly unsatisfactory in the context of IoT where new players with
little experience of SEPs licensing are continually entering the market for connectivity. The
Commission therefore believes that measures, as outlined below, are needed to improve the
information on SEPs.
The Commission believes that SDOs should provide detailed information in their databases to
support the SEP licensing framework. While SDO databases collect large amounts of
declaration data10, they often do not provide user-friendly accessibility to interested parties,
and lack essential quality features. The Commission therefore takes the view that the quality
and accessibility of the databases should be improved11. First, data should be easily accessible
through user friendly interfaces, both for patent holders, implementers and third parties. All
declared information should be searchable based on the relevant standardisation projects,
which may also require the transformation of historic data into current formats. Quality
processes should eliminate also duplications and other obvious flaws. Finally, there should be
links to patent office databases, including updates of patent status, ownership and its transfer....


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.

Monday, May 01, 2017

Best Engineering Technologies

Wide range of process plants:

Herbal Extraction Process Line:
Manufacturing of a wide range of herbal extraction process lines. These plants are used for extracting various herbal extracts from parts of plant or tree, including leaves, flowers, seeds, bark, roots and shrubs. Herbal Extraction Plant Aloe Vera Processing Plant Amla Processing Plant 

Steam Distillation Plants:
Designed to give max yield of Oil at low cost of fuel & for high quality of oil. Installed more than 70 plants in India and Abroad. We can supply any capacity of plant as per customer requirement. Plants can be supplied with wood, gas, electrical and diesel fired boilers. Aromatic Oil Distillation Aromatic Oil Distillation Plant in M.S. Plant in S.S. Specially Designed 50 / 100 Kg Capacity Distillation Plant Distillation Plant 

Food Processing Lines:
Manufacturing and supply of food processing plants and turnkey basis for different capacities with latest technology at most competitive prices. We can supply the following different food processing lines on the turnkey basis of different capacities. Fruits & Vegetables Cashew Nut Processing Dehydration Plant. Plant Red Chilly Powder Plant Turmeric Processing Plant 

Bio-Diesel Plant:
Manufacturing a wide range of Bio Diesel Equipment. These are fabricated using superior quality and can be customized as per the specifications of our clients. The bio-diesel equipment are available in different capacities right from 500 kg per days to any capacity. The plant comprises of: Dehuller /Decorticator Seed Cleaner Oil Expeller And Filter Neutralization Plant Press 

Pickle Machinery:
Manufacturing a wide range of pickle machinery which is fabricated in accordance with the needs of our clients. Complying with various industrial standards, these machines are widely in demand in the commercial market. Raw Mango Skin Peeling Mango Cube Cutting Machine Machine Garlic Peeler Mango /Lemon Slicer 

Fruits & Vegetables Dehydration Machinery:
Manufacturing a wide range of fruits and vegetables dehydration machinery. These machines are used in various applications of food processing industry. Fabricated from best quality material, these arealso designed as per the specific requirements of clients. Solar Dryer Tray(electrical) Dryer Infra-red Dryer (ir-dryer) 

Saturday, March 25, 2017

Trade Mark rules 2017

New rules have notified. Some aspects:
Concessions to Start Ups, Individuals and Small Enterprises
The new rules offer 50% discount on the official fees for startups and SME’s (small and medium enterprises) with respect to filing an application for registration of a trademark and for expedited processing of an application for registration of a trademark. Filing an application for registration of a trademark is Rs. 5000 (Paper Filing) / Rs. 4500 (e-filing and expedited processing of an application for registration of a trademark is Rs. 20000 (e-filing only)
The applicant should be recognized as a startup by the competent authority under the Startup India initiative. To qualify as a small enterprise, the applicant’s investment in plants and machinery alone should not exceed ten crore rupees if the applicant is a manufacturer. However, if the applicant is a service provider, the investment in equipment in general should not exceed five crore rupees.
Unlike the Indian Patent Amendment Rules, 2016 where the applicant being a startup/individual/SME enjoys discounted costs for the entire life of a patent application and even subsequently thereafter, in respect of renewal of the patent, the Trademark Rules, 2017 has limited the discounts with regard to Startups/Individuals/SME’s only filing and expedited examination of the trademark application.

Friday, March 10, 2017

Global R&D Funding Forecast 2017

Highlights of the report:

  • Global (116 countries) R&D investments will increase by 3.4% in 2017 to $2.066 trillion.
  • More than 115 countries having significant R&D investments (more than $100 million)
  • USA tops the list with 25.5%, followed by China 20.8%, Japan 8.4%, Germany 5.4%, South Korea 4.1% and India 3.8%.
  • India spends more on R&D than, U.k, France, Sweden, Denmark,Russia, Australia, Israel, Canada etc.
  • In the U.S., two-thirds of all of its R&D is invested and performed by industrial organizations.  Industries in Europe and Asia similarly support and perform between 50% and 75% of their countries’ total R&D. Industry is what drives the majority of global R&D throughout the world. 
  • An analysis of the ICT industry reveals that global ICT R&D will increase by 5.1% in 2017 to $218.3 billion, while the U.S. component of those R&D investments will increase at a similar 5.1% to $122.2 billion in 2017.

  • USA technological leader in all areas except automotive, where Japan is the leader and USA runner-up. China is runner-up in Computing/IT and ICT.
  • INDIA’s 2017 R&D spending is expected to be $77.5 billion resulting in a global R&D total share of about 3.7%. 
  • India has one of the largest public research systems in the world. Funding for R&D in these higher education sectors is larger than in France and nearly equals that of Japan. However, these universities are not considered world-class and have a weaker scientific and engineering publication record than other emerging economies such as Brazil, China and South Africa. 
  • India has been very successful at attracting foreign R&D investments in a number of categories, including electronics and information technologies. Research studies found that India attracted about a third of nearly 200 engineering R&D (ER&D) centers created in 2015. The enterprises setting up these ER&D centers included the likes of Rolls-Royce, Ericsson, BASF, Bosch, Michelin, Foxconn and LeEco. India now has more than 1,000 ER&D centers. 
Source: R&D Magazine.

Thursday, February 02, 2017

Medical Devices Rules, 2017.

Some aspects relevant to innovators:
   1. Government will be appointing medical Device Testing Officers.
(1) The Central Government may designate a Government Analyst appointed under section 20 of the Act as Medical Device Testing Officer.
(2) The Central Government or, as the case may be, the State Government, may designate an Inspector appointed under section 21 of the Act as Medical Device Officer.  
2. Government to establish Medical Device Testing Laboratory.
(1) The Central Government may, by notification, establish Central medical devices testing laboratory for the purpose of,(a)testing and evaluation of medical devices; or (b)functioning as an appellate laboratory; or(c)to carry out any other function as may be specifically assigned to it.
(2) Without prejudice to sub-rule (1), the Central Government may also designate any laboratory having facility for carrying out test and evaluation of medical devices as central medical devices testing laboratory .
3. Application for registration of medical device testing laboratory:
(1) An application for grant of registration of a medical device testing laboratory to carry out
testing or evaluation of a medical device on behalf of a manufacturer shall be made to the Central Licensing Authority through online portal of the Central Government in Form MD-39 accompanied with a fee as specified in the Second Schedule along with the information specified in sub-rule (2).        

Saturday, January 28, 2017

Who owns patents in Mobile Devices in India

The report `PATENTS AND MOBILE DEVICES IN INDIA: AN EMPIRICAL SURVEY by Jorge L. Contreras and Rohini Lakshané' provides useful data. Highlights:

  • The report identified a total of 19,569 published Indian patent applications and 4,052 issued Indian patents relating to mobile devices from January 2000 through February 2015. Top eleven holders of patents  are all non-Indian, based in North America, Europe and the Asia-Pacific region.The single technology category with the greatest number of patents was communications (12,857). Of approximately 23,500 total patents identified, a total of only eighteen patent applications and no issued patents were held by three of the Indian firms studied (Spice Digital, HCL and Videocon).
  • While absence of patenting activity in India is predicted, what surprised the authors is significant presence of software patents.  3,068 patents covered software-related features such as the operating system, message display, searching, file management and ringtone management. 
  • Finally authors refer to a possible solution - One of the authors (LakshanĂ©), together with the Centre for Internet and Society (CIS), have requested that the Indian government establish a patent pool covering critical mobile technologies, and that licenses to such pool be made available to all domestic manufacturers at a fixed royalty rate of 5% of the end product’s net selling price. Read the open letter addressed to Indian PM.

Integrated Rail Energy Management System

Indian Railways plan to save 41,000 crore rupees using Integrated Rail Energy Management System. A mission statement with plan of action is a rarity in government and this is a trend setter.
Download the report

Friday, January 06, 2017

Delhi High Court Strikes Down Section 24(5) of the Plant Varieties Act as Unconstitutional

On December 2, 2016, the Delhi High Court struck down Section 24(5) of the Plant Varieties and Farmers Rights Act, 2001 (Act) as unconstitutional in Prabhat Agri Biotech Ltd. et al. v. Registrar of Plant Varieties. 
During the proceeding, the Solicitor General, on behalf of the government of India, argued that Section 24(5) was necessary for the public interest. Specifically, the Solicitor General argued that this section of the Act was based on Article 13 of the International Convention for the Protection of New Plant Varieties, 1991 (UPOV), which necessitated Article 24(5) because it obligated parties to take suitable steps to safeguard the rights of applicants during the period during which their application was under evaluation. 
The Court concluded stating:
“Given the importance of the Act, there is enormous danger in empowering authorities with unguided and uncanalized power through provisions that can implicate livelihoods and limit or impair food access to tens of thousands – potentially hundreds of thousands of farmers and users of plant varieties. The existence of a large section of farmers unschooled in the provisions of the Act and unaware of their rights renders unethical bioprospecting practices and spurious claims to development of new or other registrable varieties, entitled to registration, a real possibility. Section 24(5) of the Protection of Plant Varieties & Farmers’ Rights Act as cast as present may undoubtedly be an adequate remedy to prevent abusive practices (assuming that what is abusive can be defined over a period of time); yet the danger of abuse of the provision itself and the attendant (likely) long term injury to innocent breeders, framers and those in the business of development of hybrids and plant varieties far outweighs its benefits, in view of the unguided nature of the power, which is destructive of the rule of law and contrary to Article 14 of the Constitution of India. Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act, 2001, is, therefore, declared void.”
Source: bricwallblog
Also read: spicyip