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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.

Friday, June 28, 2019

The DNA Technology (Use and Application) Regulation Bill, India

The Deoxyribonucleic Acid (DNA) is a set of instructions found in a cell.  These instructions are used for the growth and development of an organism.  The DNA of a person is unique, and variation in the sequence of DNA can be used to match individuals and identify them. DNA technology, therefore allows for accurate establishment of an individual’s identity.1
DNA-based technology can be used to aid criminal investigations.  For example, the identity of a criminal offender may be determined by matching DNA found at the crime scene with the DNA of a suspect. In addition, DNA-based technology helps in identification of victims in the event of terrorist attacks or natural disasters such as earthquakes.  For example, DNA technology has been used to identify victims of terrorist attacks on the World Trade Centre in 2001, and disasters such as the Asian tsunami in 2004. Further, DNA profiling can be used in civil matters, such as parentage related disputes. 
Currently, the use of DNA technology for identification of individuals is not regulated.  In the past, several expert groups including the Law Commission, have looked at the use and regulation of DNA technology. The Commission submitted its report as well as a draft Bill in July 2017.2   In this context, the DNA Technology (Use and Application) Regulation Bill, 2018 was introduced in Lok Sabha on August 9, 2018.  The Bill regulates the use of DNA technology for the purpose of identification of persons in criminal and civil matters.

Friday, June 21, 2019

Where did Swedens Top 100 innovations originate?

This study has investigated how 100 of the most important Swedish innovations have emerged.The results indicate that 47 percent of the top one hundred innovations were created by inventors as employees of companies, while individual inventors and entrepreneurs have contributed 33 percent and university finally accounts for the remaining 20 percent. Companies and individuals often have a combination of technical expertise and market knowledge that allows radical innovations to emerge. Companies often may have a cash flow that sometimes can be used for funding extensive development.
An important conclusion is that the independent inventors' role has become more prominent in recent decades. Of the twenty major innovations during the period 1955-1979 25 percent of those emerged from independent inventors. Of the 20 innovations between years 1981 to 2006 no less than 45 percent came from this category. The independent inventors in other words have become increasingly important in Sweden.
Some important innovations from independent innovators:
The Respirator, Sparkling mineral water, The Screw propeller, The telephone handset, 

(Extract from report, Author Dr. Christian Sandström,
Ratio and Chalmers University of Technology,  )

Thursday, June 20, 2019

Trade fairs to advance SME internationalisation

The purpose of the study is to find out how trade fairs affect the factors in theory and practice, and how scarce resources should be allocated to gain an efficient trade fair outcome.
Black (1986) defines trade fairs as “events that bring together, in a single location, a group of suppliers who set up physical exhibits of their products and services from a given industry or discipline”. Trade fairs can be roughly categorised based on their geographical coverage, i.e. whether they have international, national or local focus.  Moreover, market coverage classifies fairs regarding their appeal on one particular industry, i.e. vertical trade fair, or appeal on all sorts of goods and services from different industries, i.e. horisontal trade fairs. (O’Hara 1993.)10 most common objectives of trade fair participation: 1. make direct sales, 2.maintain contact and image with former customers 3. make contact and create image with new potential customers, important especially for companies penetrating new market areas 4. introduce a new product or a new line, fairs are a more efficient way to introduce a new product than traditional sales call 5. demonstrate nonportable equipment 6. on-the-spot technical problem solving, increases time usage efficiency 7. find new ideas or applications 8. build morale of local sales representatives 9. counter participation by competitors, enables attendees to compare own products to competitors’ ones 10. recruit personnel.
Authors Miika Kreivi, Matti Muhos, Lingyun Wang, and Pekka Kess illustrate the benefits with 3 cases from China fair. 

Tuesday, June 18, 2019

Patent Infringement Risk-Singapore introduces Intellectual Property Insurance Initiative for Innovators (IPIII)

I talked about Patent Infringement Rik in my 2004 paper-Covering Patent infringement risks in technology transfer agreements, advocated insurance as solution.

This article analyses the emerging scenario; closing gaps between Indian lab transactions and state-of-art, liberal interpretation of patent infringements by US courts, aggressive patenting strategies of MNCs, globalisation of operations by Indian licensee’s  and advocates a mechanism to convert `uncertainty’ into `risk’ and covering of `risk’ with insurance. 

The Intellectual Property Office of Singapore (IPOS), Lloyd’s Asia and Antares Underwriting Asia announced ( June 2019) a new initiative to support innovative enterprises as they enter global markets. Called the Intellectual Property Insurance Initiative for Innovators (IPIII), it will give innovative enterprises insurance coverage for legal expenses that may be incurred in intellectual property (IP) infringement proceedings worldwide.Under IPIII1, enterprises and innovators with a Singapore patent, trademark or registered design can take up an insurance policy with substantial cost savings that pays the legal costs of enforcing IP rights or defending against allegations of IP infringement.
More information on IPIII and Antares’ IP insurance policy at and respectively.
The policy pays the legal costs arising from:  • Allegations of infringement of your intellectual property - cover for legal fees to pursue a potential infringer  • Allegations of infringement of someone else’s intellectual property - cover for legal fees to defend an allegation of infringement  • Allegations of infringement against your licensee - cover for legal fees to defend an allegation of infringement made against a licensee  • Disputes between you and your licensee - cover for legal fees to ensure a licensee performs within the terms of their licence agreement.
The insurer gives 20% discount under this policy.

Thursday, June 06, 2019

Public Procurement Policy revised to boost Make-In-India

Government of India revised 2017 order on local preference in public procurement.
1. upto Rs50 lakhs only the local supplier shall be eligible to bid,
2. purchase preference to local supplier where the total value is more than 50L but divisible among bidders.
3. The minimum local content is 50%.
4.The margin of purchase preference can be upto 20%.
5.Self certificate by local supplier accepted on local content.
6. supplies protected under IPR exempted from local content stipulation.

India is not a member of WTO's GPA and has chosen to be observer only.

Monday, June 03, 2019

Why India needs a reindustrialisation drive

Why doesn’t India have an industrial policy, given that even the neo-liberal bastions, its biggest critics, are seeing in it a viable response to the relentless Chinese challenge?
Instead, we are going in the reverse direction—with a 14% decline in our high-tech industry and the percentage of GDP devoted to research and development (R&D) decreasing from 0.85% in 2011 to 0.63% in 2015, an anomaly of serious dimensions in today’s technology-driven world.
India needs a reindustrialisation drive to create a level-playing field for the country’s private manufacturers and increase their R&D intensification. Consider this: The much-touted Indian services sector, which forms almost 61% of the economy, generates around $183 billion of exports, while the beleaguered manufacturing sector, the serial sacrificial lamb in trade negotiations (to save H1B jobs) with only 16%, generates $210 billion! It is clear which one is the most productive sector of our economy, and which ones creates more multipliers, jobs and domestic value-addition.
Read more on this article by By Smita Purushottam

Inventor Assistance Program-WIPO

Officially launched in 2016, the Inventor Assistance Program aims to level the playing field for inventors who have great ideas but struggle to secure patents due to a lack of funds. The WIPO-led public-private partnership helps these inventors get professional support from patent experts who offer legal services at no cost to the inventors – a boost for individual innovators, as well as their countries’ economic development. This WIPO established the Inventor Assistance Program to level the playing field for under-resourced inventors in developing countries by pairing them with a specialist to help draft and prosecute their patent applications.
Volunteers provide free assistance before the inventor’s local patent office and in selected jurisdictions. The program operates in five countries today: Ecuador, Colombia, Morocco, the Philippines, and South Africa. For the inventors wishing to protect their invention at the international level, the IAP also provides support for the Patent Cooperation Treaty (PCT) national and regional phase entry in the United States of America and in Europe. The program plans to expand to Japan in the near future.
Already, the IAP has helped 39 inventors. So far, five patents have been granted in Colombia. The covered inventions include a device that stabilizes vehicles on wet, muddy roads, specialized kitchen equipment to cook lasagna, a machine that helps the visually impaired distinguish coins, modular furniture and an automated car covering by inventor Ivan Rizo.
Source: WIPO

2019 Emerging Therapeutic Company Trend Report

Some of the key findings from this report prepared by BIO are:
Venture Capital Investment: A record $12.3 billion in venture funding went to U.S. emerging therapeutic companies in 2018, with 95% toward novel R&D and only 5% into drug improvement R&D for existing drugs. Venture investment into innovative U.S. therapeutic companies continues to outpace Europe (5.7x), Asia (4.6x), and the rest of the world (35x) despite a record $5.2 billion for Ex-U.S. companies.  First-time Series A financing broke a record in the U.S. with 109 new companies receiving funding, indicating a robust interest in early-stage biotech.
IPOs: U.S.-based R&D-stage emerging therapeutic companies were able to raise $5.1 billion from 47 IPOs in 2018, a record dollar amount and the 2nd highest number of IPOs in a decade. Ex-U.S. based R&D-stage emerging therapeutic companies raised $2.3 billion from 22 IPOs, a record dollar amount.
Follow-On Public Offerings: Public market follow-on offerings for U.S.-based R&D-stage emerging therapeutic companies remained strong, with $11.5 billion raised in 2018 across 118 offerings (valued at $10 million or more). Ex-U.S.-based R&D-stage emerging therapeutic companies raised $3.2 billion from 28 transactions in 2018, a record year in dollars raised and the number of financings.
Licensing: Global R&D-stage licensing deals (valued at $10 million or more) brought in $9.1 billion in upfront payments, a 107% increase over 2017. Asian emerging company assets accounted for a record 18 of these deals in 2018, albeit reaching only 11% of the total funds raised.
Acquisitions: The number of global R&D-stage emerging therapeutic company acquisitions rebounded from a decade low of 21 in 2017 to 28 in 2018. A record $32.5 billion was paid upfront for the 28 R&D-stage companies. U.S.-based companies accounted for 66% of the R&D-stage emerging company acquisition targets. The number of global market-stage emerging therapeutic company acquisitions reached a decade low of four acquisitions for $2.2 billion (upfront).
Global Clinical Pipeline: Total active clinical-stage programs reached a record 6,984 with emerging companies accounting for 73% of these programs. Emerging companies have 94 marketing applications for new drugs (NDA/ BLAs) under review at the U.S. FDA. U.S.-based emerging companies account for 62% of these submissions. 

Saturday, May 18, 2019

Fintech Startups- regulatory framework

On April 18, 2019, the RBI announced the Draft Enabling Framework for Regulatory Sandbox (“Proposed Framework”), detailing the proposed features of the sandbox. The Proposed Framework is a draft for public comments, and is not effective yet.
The Indian fintech sector has witnessed exponential growth and, by some accounts, is presently the world's second largest fintech hub with more than 2,000 entities operating in this sector.1 While the term “fintech” has emerged from a combination of the words “finance” and “technology”, there is no universal consensus on what innovations fall under the “fintech” umbrella. Some of the major products and services that are now synonymous with fintech innovations include the digital payments ecosystem, peer-to-peer lending platforms, crowd-funding, crypto-assets and blockchain technology, distributed ledgers technology, Big Data, smart contracts, robo-advisors and aggregators.
However, as traditional law and policy development is slow to catch up with the rapid pace of technological innovation, innovators look towards regulators to develop new approaches to support this rapid speed of growth.
In view of the growing significance of fintech innovations,2 the RBI set up an inter-regulatory ‘Working Group on FinTech and Digital Banking’ in July 20163 to study the regulatory responses to such innovations across the globe. The Group included representatives from the RBI, Securities Exchange Board of India (“SEBI”), Insurance Regulatory and Development Authority of India (“IRDAI”), and Pension Fund Regulatory and Development Authority (“PFRDA”), select financial entities regulated by these agencies, rating agencies and fintech consultants and companies.

On February 08, 2018, this Working Group released its report, which, among other things, recommended the formulation of an appropriate framework for a regulatory sandbox. The Working Group noted that sandboxes offered benefits including limited testing which would answer questions, before the product is made available more broadly, on the product’s concerns as well as its potential for success. It observed that the objective of a sandbox should be “to encourage more fintech experimentation within a well-defined space and duration where regulators will provide the requisite regulatory support, so as to increase efficiency, manage risks better and create new opportunities for consumers.”

Tuesday, March 26, 2019

Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP)

Patenting is expensive and many startups do not have expertise in drafting claims. Government of India has designed this scheme wherein the startup can take service of patent expert called facilitator for drafting claims and patent application. Startup pays only statutory patent filing costs. For drafting patent , the government pays direct to the facilitator. List of facilitators can be seen here.

Friday, January 04, 2019

Technologies for Licensing from IOC RandD centre

Indian Oil's  R&D Centre is India's foremost commercial centre of research excellence in the areas of lubricants, refinery processes, pipeline transportation, alternative fuels fuel additives, engine testing, materials sciences and environmental sciences. Indian Oil holds 554 active patents in India & Foreign countries.
Example: Mosquito Larvicidal Oil composition
Disclosed is a very effective non-toxic mosquito larvicidal oil (MLO) composition which eliminates mosquito larvae and pupae by suffocating them, when the composition is applied on stagnant water surface. It is bio-degradable as well as non-toxic to plant and animals, particularly fish, in the area of its application. It poses no danger to human beings because it does not enter into the human food chain. The MLO forms an unbreakable thin film on the water surface. This film prevents the larvae and pupae present in the water from breathing in oxygen from the air above. Consequently, they die of suffocation within a short period. lit is devoid of side effects like pesticide resistance, resurgence of pests and numerous undesirable effects on flora and fauna that are common in similar mosquito larvicidal oil compositions. The MLO is an optimized combination of mineral oils and surfactants emulsifiers for excellent spreading and film formation characteristics. The mineral oil can be paraffinic or naphthenic, hydrocracked or mixture of these. The surfactants/emulsifiers are required for the spontaneous spreading of the oil layer over water surface and stability of the oil film after application on water surface.
Check list of technologies available for commercialisation here