Global Game of SEP litigation and How India is drawn into it

Standards are technical requirements or specifications that seek to provide a common design for a product or process. Patents which are essential to a standard and have been adopted by a Standard Setting Organization (SSO) are known as SEPs. However, the exclusive rights conferred by patents on inventors may defeat the object of making standards available to all for public use. In order to address this problem, most SSO’s have defined IPR policies where SSO members must commit to licensing their SEPs on terms and conditions that are “Fair, Reasonable and Non-Discriminatory” (FRAND). These commitments are meant to protect technology implementers while ensuring that Patent holders receive an appropriate reward for their investment in research and development. SSOs can be governmental, quasigovernmental or private. These are responsible for setting, developing, coordinating, interpreting and maintaining standards. The Bureau of Indian Standards is India's national SSO. In the Information and Communications Technologies sector the Telecom Engineering Centre is the only formally recognized telecom standards/ specification/type approval body in India. Global ICT Standardization Forum for India, Telecommunications Standards Development Society, India (TSDSI), and Development Organization of Standards for Telecommunications in India are private SSOs in the Indian ICT sector.The Institute of Electrical and Electronic Engineers and International Telecommunication Union are prominent SSOs in the cellular and Wi-Fi space. Licensing SEP on FRAND terms is a voluntary contract between the SSO and the SEP holder. However, the meaning of FRAND has not been defined by SSOs; it depends upon the nature of the transactions between the SEP holder ("licensor") and the SEP implementer ("licensee"). The first SEP dispute in India was Telefonaktiebolaget Lm Ericsson (Publ) v Mercury Electronics, in which Ericsson filed an infringement suit against Mercury Electronics and Micromax Informatics Ltd, claiming infringement of its eight SEPs used in 2G, 3G and 4G devices. Read here.

Anti-Suit injunctions or ASIs have extended judiciary decisions beyond country borders. courts in the U.S. and UK adjudicating cases involving standards-essential patents and FRAND licensing commitments have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction. After all, the notion that ASIs sought by SEP implementers can be acceptable and compliant with patent law has been confirmed by a US court in Microsoft v. Motorola (see the first instance ruling (W.D. Wash. 2012), affirmed on appeal (9th Cir. 2012)).The UK suit was recently decided by the UK Supreme Court, [2020] UKSC 37, which held that a UK court has the authority to set a global FRAND royalty rate between the parties, notwithstanding its lack of jurisdiction over patents outside the UK. Supreme People’s Court (SPC) of China followed with ASIs. Conversant sued Huawei in the District Court in Düsseldorf, Germany, alleging infringement of several European patents. On August 27, 2020, the Düsseldorf court granted Conversant an injunction against Huawei’s sale, use or importation in Germany of devices infringing patent EP1797659 (the German Patent). On the same day, Huawei applied to the SPC seeking an “act preservation” ruling (a judicial action roughly equivalent to an ASI) to prevent Conversant from enforcing the Düsseldorf injunction until the conclusion of the Chinese proceedings.  The SPC granted the ASI after an ex parte hearing in which Conversant did not participate. 

Anti-Anti-Suit Injunction (AASI)  followed ASIs, initially in Germany and France, landed now in India. The dispute between InterDigital, a U.S.-based patent assertion entity, and Xiaomi, a Beijing-based electronics firm, relates to five InterDigital patents covering the 3G and 4G standards.   When negotiations for a license failed, on June 9, 2020 Xiaomi sought a declaration by the Wuhan Intermediate People’s Court of the appropriate FRAND royalty rate for the patents.  On July 29, InterDigital sued Xiaomi for infringement in the Delhi High Court in India, seeking monetary damages and an injunction. In response, on August 4, Xiaomi asked the Wuhan court for an “act preservation” ruling (ASI) preventing InterDigital from enforcing the injunction while the Wuhan proceeding was in progress.Accordingly, on September 23, the Wuhan court (a) ordered InterDigital to withdraw its requests for injunctive relief in India, (b) prohibited InterDigital from seeking injunctive relief in China or any other country with respect to the 3G/4G patents currently at issue in the Wuhan case, and (c) prohibited InterDigital from asking another court in China or any other country to determine a FRAND royalty rate or resolve a FRAND dispute relating to the 3G/4G patents at issue.In response to the entry of the ASI by the Wuhan court, InterDigital disclosed to the U.S. Securities and Exchange Commission (first reported by IAM) that on September 29, it filed for an anti-anti-suit injunction (AASI) in the Delhi High Court to prevent Xiaomi from enforcing its Chinese ASI.   

SEP owners are in USA and Europe ,China has large licensees. Position may change with Chinese firm owning SEPs in future. India has neither SEP owners nor manufacturers needing SEP.

Reference

https://spicyip.com/2020/10/china-enters-the-realm-of-anti-suit-injunctions-in-standard-essential-patent-sep-cases.html

https://conflictoflaws.net/2020/anti-suit-injunction-issued-in-china-comity-pragmatism-and-rule-of-law/

https://patentlyo.com/patent/2020/10/contreras-injunctions-litigation.html?utm_source=dlvr.it&utm_medium=twitter

Learning Content Management System (LCMS)

DSIR under PATSER funded many `State-Of -Art' technologies, often ahead of `State- Of- Market' requirement in India. LCMS was one such project. It was implemented by APTECH and IIIT Allahabad. Prof M Radhakrishna was the architect. He could foresee need for Author content management module as part of LCMS and developed Authoring System ver 2.0 with SCORM packaging. It was released in 2005.

https://www.aptech-worldwide.com/pages/media/press-releases/2005/press-releases-2005-28nov.html

Dr Radhakrishna Born on 14th July 1941. Father Sri M. Narasimha Chari, Mother Smt M. Kamalamma . Had school education in Bhadrachalam, his ancestors’ place, in Telugu medium, in Govt. schools.  Maringanti Radhakrishna, with a very ordinary family background, made Telugus proud by achieving an international fame.  He had working visits to about 70 countries,  and  rendered his invaluable services in more than 20 countries, with India being the principal centre for his services. After finishing his MSc in Nuclear Physics from Andhra University  in 1962-63, he  brought his multifaceted talents to the core by working in varied and diverse fields. He is among the first generation Indian Computer scientists who entered Computer field  during 1960s.

Dr MeenaKumari , Dr Jyoti Jagasis from APTECH and VK Varun from DSIR worked closely with Prof Radhakrishna. 

Primer on 5G Technology for India from nitindesai research group

 There are many reports on 5G, most talk on need for Government to adopt the new technology to reap various benefits. There are few reports on technology, standards and SEP. This one from nitindesai.com is a a primer on 5G technology in non-technical terms, overview of extended 5G applications for various sectors, the regulatory landscape for 5G in India, and finally outline various important strategic, policy, regulatory, technical and behavioral considerations.

5G is going to revolutionize not just the mobile telecommunications sector but also how we use technology in our businesses and lives. The implications are far reaching.

 

It is a comprehensive report. Download from:

https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research_Papers/5G-Technology-in-India.pdf

Story of how South Africa developed Coal to Liquid Fuel (CTL) technology in 1950

Considering the long discussion we have in India on Coal Liquefaction, it is pertinent to learn how another developing country, South Africa developed its own CTL technology in 1950.

Coal liquefaction is a process of converting coal into liquid hydrocarbons: liquid fuels and petrochemicals. This process is often known as "Coal to X", where X can be many different hydrocarbon-based products. However, the most common process chain is "Coal to Liquid Fuels" (CTL). Coal liquefaction was an important part of Adolf Hitler's four-year plan of 1936, and became an integral part of German industry during World War II. The best-known CTL process is Fischer–Tropsch synthesis (FT), named after the inventors Franz Fischer and Hans Tropsch from the Kaiser Wilhelm Institute in the 1920s. In 1914, Friedrich Bergius, a teacher at the Technische Hochschule in Hanover, built a 40-litre vessel into which he put coal that had been dissolved in recycled oil, then added hydrogen. His catalyst was iron oxide. With the vessel loaded with these three ingredients, he raised its internal temperature to well above 400°C and increased the internal pressure up to 700 atmospheres (where one atmosphere is equal to air pressure at sea level). The result was petrol, diesel and recycle oil – and, in 1931, a share of the Nobel Prize for Chemistry with Carl Bosch, who had worked on developing high-pressure vessels for the Bergius and other synthesis processes. Fischer and Tropsch were granted a patent on their process in 1925.

Dr PN Lategan, working for the Transvaal Coal Owners’ Association in Johannesburg in the early 1920s wrote his doctoral thesis for the Imperial College of Science in London on The Low-Temperature Carbonisation of South African Coal. In the course of his research he visited Germany and, on his return home, tried to get some of the methods he had observed there to work. The next close investigation of the idea came from Dr F Meyer, working as technical adviser to the Department of Commerce and Industries. He wrote a White Paper for government in 1927, describing various oil-from-coal processes being used overseas and their potential for South Africa. Then in the 1930s, unreported by the press, a young student named Etienne Rousseau obtained his MSc degree from the oldest and most prestigious of the Afrikaans universities, Stellenbosch. Rousseau would become Sasol’s first managing director. In retrospect, that could seem almost inevitable, for the subject of his master’s thesis was The sulphur content of coals and oil shales, a highly relevant matter for anyone wanting to produce synthetic oil.

Read Sasol story `Mind over matter'.

Student Idea competition-India

 Ministry of Education (MoE), Govt. of India has established ‘MoE’s Innovation Cell (MIC)’ to systematically foster the culture of Innovation amongst all Higher Education Institutions (HEIs). The primary mandate of MIC is to encourage, inspire and nurture young students by supporting them to work with new ideas and transform them into prototypes while they are informative years. Outcome of Smart India Hackathon 2019:

34 Themes

806 ideas

565 for government agencies

241 for Industry.

Check the Idea description and team details: https://www.mic.gov.in/micoutcome

Verified agricultural carbon credits.

Carbon farming practice is now a reality. indigo is one the service providers: https://www.indigoag.com/for-growers/indigo-carbon

Indigi AG announced first corporate carbon credit buyers. Each credit is priced at $20 per tonne of carbon dioxide equivalent sequestered in the 2020 growing season. To generate credits, Indigo is implementing what it describes as two novel methods for measuring and verifying the net on-farm GHG emissions impact of management practice changes. 

https://agfundernews.com/carbon-harvest-indigo-ag-nori-announce-first-corporate-carbon-credit-buyers.html?

US Department of Agriculture runs COMET-Farm tool which estimates the ‘carbon footprint’ for all or part of your farm/ranch operation and allows you to evaluate different options, which you select, for reducing GHG emissions and sequestering more carbon. General guidance is provided about potential changes to your management practices that are likely to sequester carbon and reduce greenhouse gas emissions. 

In India, Saguna Rural Foundation,  provides technical support to farmers, collect soil samples, and distribute the carbon checks at year’s end based on increases in soil carbon. The verification and validation of the soil increases would be conducted independently by Zenith Energy Climate Foundation, Hyderabad. The team launched one project in 2019 in Maharashtra.

Niti Aayog estimated carbon credit market as 50-60 billion 

Non-Personal Data (NPD) Governance Framework

The Committee of Experts on Non-Personal Data (NPD) Governance Framework, constituted by the Ministry of Electronics and Information Technology released its Report on July 12, 2020. The Report purports to be a framework for governance of NPD, meant to grant access to NPD to industry players and the government for overarching public purposes. In order to increase the competitiveness of local and small enterprises and spur innovation, the Report is aimed at mandatory sharing of data to create economic advantages that are currently precluded due to data monopolies of a few dominant players. 

The Committee has defined three categories of Non-Personal Data – 1) Public Non-Personal Data 2) Community Non-Personal Data & 3) Private Non-Personal Data.  The Committee has also defined a new concept of ‘sensitivity of Non-Personal Data’, as even Non-Personal Data could be sensitive from the following perspectives – 1) It relates to national security or strategic interests; 2) It is business sensitive or confidential information; 3) It is anonymised data, that bears a risk of re-identification  The Committee recommends that the data principal should also provide consent for anonymisation and usage of this anonymized data while providing consent for collection and usage of his/her personal data.

Download report: https://static.mygov.in/rest/s3fs-public/mygov_159453381955063671.pdf 

Auctions theory and patent auctions

The Royal Swedish Academy of Sciences has decided to award the Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel 2020 to Paul R. Milgrom Stanford University, USA and Robert B. Wilson Stanford University, USA. Laureates have studied how auctions work. They have also used their insights to design new auction formats for goods and services that are difficult to sell in a traditional way, such as radio frequencies. 

Can auction format be used for patents?

Yong-Gil Lee, Inha University addressed Patent auctions in his paper `Different characteristics between auctioned and non-auctioned patents'  https://www.researchgate.net/publication/220364908.

Any researcher studied auction theory for Intellectual Property?

German firm VERBIO Ag solves Delhi's smog problem with patented research and EU funded pilot plant in Germany.

Problem: 

Every winter, not just Delhi but also large parts of north India are frequently enveloped in a thick blanket of smog, caused by air pollution from vehicular and industrial emissions mixing with fog. The burning of post-harvest paddy stubble in the agricultural fields of Haryana and Punjab is often cited as a major cause of this unhealthy smog. In 2013, under the Air Act, 1981, the Punjab government banned the burning of crop residue in the fields. Later, in 2015, the National Green Tribunal prohibited the burning of paddy straw while directing the government to help farmers manage the paddy straw using specialised equipment like Happy Seeder that chops paddy straw, sows wheat seeds and layers the straw as a mulch. Other machines like Rotavator, that bundle the straw into bales to be transported, were also to be procured and used.

Solution:

VERBIO Vereinigte Bioenergie AG is a bio-energy company established in 2001 started with bioethanol in 2005. Applied for patent `Method and plant for producing biogas from lignocellulose-containing biomass' in 2012 (EP2935595A2), published in 2015 and granted in 2020. Main claim- 1. A process for the production of biogas from lignocellulosic biomass, preferably from straw, which comprises the following steps:  a) mixing the lignocellulosic biomass with a  average particle size less than 200mm, preferably less than 20mm, with aqueous solutions at a temperature of 60-100 ° C, in particular from 70-85 ° C, in particular with process water and / or with the aid of steam;  b) heating the lignocellulosic biomass to 130-200 ° C,  preferably 150-180 ° C, and lingering so heated  lignocellulose-containing biomass for a period of 5-120min, preferably 10-30min, expediently in a continuously flow-through reactor space for thermal digestion  c) anaerobic fermentation of the thermally treated lignocellulosic biomass using microorganisms and recovery of the resulting biogas.

Within the framework of the EU funding programme NER300 the European Union supports the further development of VERBIO’s innovative technology to produce biomethane from 100% straw at it’s production site in Schwedt/Oder with up to EUR 22.3 million during 2014 – 2019. The funding amount is based on a fixed rate for biomethane fed into the gas grid.

The Union government is setting up the first compressed biogas (CBG) plant in north India in Lehragaga of Sangrur and it is expected to be commissioned in March next year. The CBG plant, being set up under the ‘Sustainable Alternative Towards Affordable Transportation (Satat), will convert straw into CNG. According to sources, the plant authorities have started collecting paddy straw to store it at the plant, as 300 tonne stubble will be used per day in the plant to produce 31 tonne CBG per day. The plant is being set up by Verbio India Pvt Ltd.

Primer on atmospheric water harvesting technologies

Indian Prime Minister Modi was reported enquiring whether a turbine could be used to harvest water from moisture in the air and oxygen too, thus serving as a three-in-one machine. Three components of the system , Wind mills, Atmospheric water generator, Water splitting to produce Oxygen, Hydrogen are well known.

Here we look at review paper on atmospheric water harvesting technologies.

The scope of this paper is to review different types of sustainable water harvesting methods from the atmospheric fogs and dew. In this paper, we report upon the water collection performance of various fog collectors around the world. We also review technical aspects of fog collector feasibility studies and the efficiency improvements. Modern fog harvesting innovations are often bioinspired technology. Fog harvesting technology is obviously limited by global fog occurrence. In contrast, dew water harvester is available everywhere but requires a cooled condensing surface. In this review, the dew water collection systems is divided into three categories: i) dew water harvesting using radiative cooling surface, ii) solar-regenerated desiccant system and iii) active condensation technology. The key target in all these approaches is the development of an atmospheric water collector that can produce water regardless of the humidity level, geographical location, low in cost and can be made using local materials.

Download paper: https://academic.oup.com/ijlct/article/15/2/253/5718410

Premature Deindustrialization, India and South Africa

 Dani Rodrik introduced the concept of Premature deindustrailisation. (https://drodrik.scholar.harvard.edu/files/dani-rodrik/files/premature_deindustrialization.pdf)

The term deindustrialization is used today to refer to the experience mainly of these advanced economies.In the United States manufacturing industries’ share of total employment has steadily fallen since the 1950s, coming down from around a quarter of the workforce to less than a tenth today.In Great Britain, at the other end of the spectrum, deindustrialization has been both more rapid and thorough. Manufacturing’s share of employment has fallen from a third in the 1970s to slightly above 10 % today, while real MVA (at 2005 prices) has declined from around a quarter of GDP to less than 15 %. Developing countries are turning into service economies without having gone through a proper experience of industrialization and this is called  “premature deindustrialization". Developed countries face unemployment deindustrialization without output deindustrialization.As developing countries opened up to trade, their manufacturing sectors were hit . Those without a strong comparative advantage in manufacturing became net importers of manufacturing, reversing a long process of import‐substitution.

Premature Deindustrialisation in India was studied by Sudip Chaudhuri. (Sudip Chaudhuri. Premature Deindustrialization in India and Re thinking the Role of Government. FMSH-WP-2015-91. 2015.)  In India , the share of manufacturing in GDP has stagnated around 15-16% since 1991. The share of manufacturing in GDP is 31% in Korea and 30% in China. Even Germany with much higher wage costs has a share of 21%. If domestic manufacturers are unable to withstand international competition and if domestic users start relying on imports, then what follows is not better utilization of existing capacities and greater efficiency but under utilization of existing capacities, decrease in production and rise in unemployment. Decay of existing industries which are unable to survive without protection does not automatically lead to the creation of new capacities in new industries.

Is sub-Saharan Africa deindustrializing is paper by Emmanuel B. Mensah (UNU MERIT working paper #2020-045. Important finding- East Africa is industrializing, whereas Southern Africa is the only region that seems to be deindustrializing.imports from both the North and South have negative effect on relative manufacturing employment suggesting that the competition effect is stronger than the spillover effect in the context of Africa. African countries can offset the negative effect through competition policies such as subsidies and local content laws that have minimum requirements for the procurement of locals and services, local employment opportunities, technology, and skill transfer, etc. Finally, as the results of the drivers show, promoting manufacturing exports is important for the industrial development of the continent.

National Clinical Management Protocol based on Ayurveda and Yoga for management of Covid-1 9

 This consensus document is developed by expert committees from All India Institute of Ayurveda (AMA), Delhi, Institute of Post Graduate Training and Research in Ayurved (IPGTRA), Jamnagar, and National Institute of Ayurveda (NlA), Jaipur Central Council for Research in Ayurveda (CCRAS), Central Council for Research in Yoga and Naturopathy (CCRYN), other national research organizations. This protocol is for management of mild COVID-19. Moderate to Severe COVID-19 individuals may have informed choice of treatment options. All severe cases will be referred. General and Physical measures 

1. Follow physical distancing, respiratory and hand hygiene, wear mask 

2. Gargle with warm water added with a pinch of turmeric and salt. Water boiled with Triphala (dried fruits of Emblica officinalis, Terminalia chebula, Terminal/a bellerica) or Yashtimadhu (Glycyrrhiza glabra) also can be used for gargling. 

3. Nasal instillation/application of medicated oil (Anu taila or Shadbindu Taila) or plain oil (Sesame or Coconut) or nasal application of cow's ghee (Goghrita) once or twice in a day, especially before going out and after coming back to home. 

4. Steam inhalation with Ajwain (Trachyspermum ammi) or Pudina (Mentha spicata) or Eucalyptus oil once a day 

5. Adequate sleep of 6 to 8 hrs. 

6. Moderate physical exercises 

7. Follow Yoga Protocol for Primary Prevention of COVlD-19 (ANNEXURE-1) and Protocol for Post COVlD-19 care (including care for COVlD-19 patients) (ANN EXURE-2) - as applicable 

Download report: 

CRISIS TRIGGERED INNOVATIONS FROM INDIA

Beginning of COVID 19, expectations are rampant on India resorting to compulsory license to protect its large population from virus carnage. Also price controls on drugs and medical devices seemed to work against Indian patients getting proper healthcare based on new technologies. But what happened was different- it seems COVID crisis spurred Indian innovators into action mode with flood of innovations emanating from India. What factors worked as enablers? Is it sustainable? Has India finally discovered mantra for innovation!

Download Paper from SSRN .(https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3701450)

PERFORMANCE EVALUATION OF COMMERCIAL KITS FOR REAL TIME PCR FOR COVID BY ICMR IDENTIFIED VALIDATION CENTRES

 Till end of September 255 RT-PCR kits have been evaluated by ICMR validation centres, and 126 were found to be satisfactory. They include kits developed in India, Korea, UK, China, Turkey, Italy, Iran, Finland, Japan, Singapore, France, Taiwan, Czech republic and Russia. Real-Time PCR kits which are US-FDA can be used directly after due marketing approval from DCGI.

Check ICMR approved kits here.

Solutions Library at Engineering For Change

Engineering for Change (E4C) mission is to prepare, educate and activate the international engineering workforce to improve the quality of life of underserved communities around the world. We do this by providing resources and platforms that accelerate the development of impactful solutions and ensure public health and safety around the globe.

The E4C Solutions Library is a living database of products and services that are intended to be accessible and appropriate for those living in resource-constrained environments. The data in the Solutions Library is curated technical and market performance information that is normalized across all products, enabling side-by-side comparison and analysis of market influences.

Check the data base: https://www.engineeringforchange.org/solutions/products

Emergency Global Supply Chain System (COVID-19) catalogue

 The following catalogue lists all medical devices, including personal protective equipment, medical equipment, medical consumables, single use devices, laboratory and test-related devices that may be requested through the COVID-19 Supply Portal.

https://www.who.int/publications/i/item/emergency-global-supply-chain-system-(covid-19)-catalogue

Agriculture Technologies on offer from ICAR labs

Processes for formulation of donkey-milk based cosmetic products – bathing soap, body butter, lip balm

In view of the promotion of donkey milk along with generating awareness among equine farmers and donkey keepers for benefits of donkey milk and getting economic gain from it, ICAR-NRCE has standardized the formulations and technology for production of Donkey milk-based soaps, body butter and lip balms. The soaps were made by HP and CP methods utilizing the benefits of olive oil, coconut oil, castor oil and essential oils along with other key ingredients. Fresh frozen donkey milk and freeze-dried donkey milk was used for making the formulations and soaps have been tested for organoleptic properties, cleansing, and lathering properties. The body butter was made by using freeze-dried donkey milk, beeswax, coconut oil, clarified butteroil, Shea butter, vitamin E and aloe vera gel along with essential oils and lip balms were made by using freeze-dried donkey milk, coconut oil, clarified butteroil, shea butter, vitamin E and sweet almond oil along with essential oils.

This is one among the many technologies on offer from ICAR labs.

Check technologies http://www.agrinnovateindia.co.in/technologies

 

BARC offers technologies to MSMEs under AKRUTI Scheme

AKRUTI ( Advanced Knowledge and RUral Technology Implementation ) is program of BARC. Under this program, BARC offers technology & consultancy in Biodegradable waste processing, Water, Food and Agriculture.

HOW INDIA REDUCED PATENT APPROVAL PERIOD FROM 80 MONTHS TO 8 MONTHS

 Indian patenting process received much flak for long period and stringest criteria for innovative step. While not diluting position on incremental innovations, computer related innovations, genetically modified seeds/ plants/ organs, Government of India has taken several steps to benefit startups, defined as firms within Rs 100 crore turnover. In addition to liberal funding and tax benefits, the Government announced 80% rebate in patent filing fees and 50% rebate in trademark filing fees. Large number of Patent facilitators(425) and Trademark facilitators (606) have been empaneled under this scheme to provide free-of-charge services to Startups. Additionally, Startups are considered for expedited examination of patent applications to reduce time taken in granting patents. This paper summerises Indian patent system drawing out negative list, explains the patenting methodology, analyses impact of pre-grant opposition and closes with remarkable turnaround with provision for expedited examination.

Download paper: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3694424

Global Innovations for Local Entrepreneurs

 

COVID crisis has seen a sudden spurt in innovations and technology licensing in India. 

Is the market for technology trade coming of age? Download presentation.

CSIR Technologies for COVID-19 Mitigation, July 2020

CSIR has developed several COVID-19 focused technologies and products ranging from sanitizers & masks to improved tests and diagnostics and ventilators, buildings and structures. The technologies, products and processes listed in the compendium are available for non-exclusive technology transfer. Out of 105 technologies and products in this compendium, 58 have been transferred to various industry partners. For the others, the technologies are in different stages of readiness, the most basic being a working prototype. Interested start-ups and industries may contact the concerned CSIR laboratory for further discussion, and technology transfer.

The updated list includes:

• Rapid and Economical Diagnostics (7),
• Development of Repurposed Drugs/New Drugs & Vaccine (8),
• Hospital Assistive Devices and Personal Protective Equipment (PPE) (49),
• Supply Chain & Logistics Support Systems (3)

Telemedicine and telehealth

The guidelines in the 2020 document distinctly define the concepts of telemedicine and telehealth.

Telemedicine: The delivery of healthcare services, where distance is a critical factor, by all healthcare professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities. 

Telehealth: The delivery and facilitation of health and health-related services including medical care, provider and patient education, health information services, and self-care via telecommunications and digital communication technologies. The categories of medicines that can be prescribed are :

List O: It will comprise those medicines which are safe to be prescribed through any mode of tele-consultation. In essence they would comprise of o Medicines which are used for common conditions and are often available ‘over the counter’. 

List A: These medications are those which can be prescribed during the first consult which is a video consultation and are being re-prescribed for re-fill, in case of follow-up.

List B: Is a list of medication which RMP can prescribe in a patient who is undergoing follow-up consultation in addition to those which have been prescribed during in-person consult for the same medical condition.

Yet to come are guidelines on Data Protection and Doctors' liability.

Ministry of Health and Family Welfare drafted the Digital Information Security in Health Care Act to secure confidentiality and privacy in health-care systems. Meanwhile, the judiciary has attempted to safeguard an individual’s right to privacy. In Justice K.S. Puttaswammy v Union of India, it was held that right to privacy was a facet of Article 21 of the Indian Constitution. It further held that “the right of an individual to exercise control over his personal data and to be able to control his/her own life would also encompass his right to control his existence on the internet.” 

On Doctors' liability -The conduct of medical malpractice was brought under the Consumer Protection Act, 1986, due to the landmark case of the Indian Medical Association vs. V. P. Shantha & others, The judgment in this case defined medical care as a “service” that was covered under the Act, and also clarified that a person seeking medical attention may be considered a consumer if certain criteria were met.

 

Development of the Farm Machinery Industry in Japan : A Case Study of the Walking Type Tractor

Indian Government is reported contemplating restriction on import of Chinese Power Tillers. India has been assembling power tillers for decades and most of them are based on Japanese technology.
This case explains how Japan developed Power Tiller/ Walking type tractor.

The evolution of the walking type tractor occurred in three phases. The first phase involved the actual transfer of technology from abroad. Garden tractors such as Bee Man, Utilitar and Simar were imported in the early 1920s and demonstration of cultivation was performed in some prefectures. The imported tractors turned out to be inappropriate for the natural, economic, and social conditions of Japanese agriculture. The import of garden tractors thus ended within a short period. The second phase saw the invention of a Japanese type tractor called the "power tiller." It incorporated some of the designs of imported garden tractors built before World War II. The power tiller was subject to several defects and was used only in limited areas. This led to the third phase in which walking type tractors were invented and widely diffused. These tractors signified the completion of an appropriate technology for Japanese agriculture. The defects of the power tillers were corrected and hand tractors and tailor type tractors were also developed with reference to imported garden tractors. The quality of these walking type tractors were good enough to replace draft animals completely. These walking type tractors were diffused at a high speed and reached their peak in 1974 when 3.4 million such tractors were in use in Japan. Export of the walking type tractors started increasing in the mid-1960s. In 1982 about 30 percent of the total production of walking type tractors was exported. 

The Role o the Public Sector in the Development f of the Walking Type Tractor
 Pre-War period:  an agricultural experiment station carried out a comparative examination of imported garden tractors in 1922. Although the results of the study suggested that imported garden tractors were not well suited to Japanese agriculture, the study made clear the importance of developing a cultivating machine which was adapted to local agricultural conditions. Secondly, the Ministry of Agriculture and Forestry promoted the diffusion of the power tiller by holding national machinery and implements fairs.
Post-war period:With the enactment of the Farm Mechanization Promotion Law in 1 9_ 53, the farm machinery testing scheme was legalized.Secondly, the Ministry of Agriculture and Forestry entrusted the Okayama Prefectural Experiment Station to conduct research on small-scale power tillers from 1947~48. In this way, the transmission clutch was improved and engines were made smaller and lighter. 
Down load the paper.

Interview at Medcircle on future of innovations in new normal.

During the COVID crisis, the flood of innovations from Face masks to testing has 5 enablers.

• Standards, WTO & ICMR,

• Testing and validation at DRDO and other places,

• Local demand, especially public procurement,

• Freedom to Operate from Patent perspective,

• Capability to come with creative imitations, catch up products in a speedy manner.

We expect innovations to flourish in New Normal where the 5 enablers exist,” he says.

Agree???

Read full interview

Using Inventions in the Public Domain- WTO guide

Developing New Products- there are millions of patents free to use in India. That is knowledge on tap.

Information and knowledge in published patents and patent applications plus other public domain knowledge can be utilized to help conceive, refine and/or formalize a concept for a product, protect the idea for a product and map its path to commercial viability.
This guide is organized in three distinct modules that review and explore the applicability of information from inventions in the public domain. The modules are as follows:
MODULE I Review of the public domain as a function of geography and time, with a focus on: (1) the public domain in developing and least developed countries and (2) the relationship between patents and the public domain.
MODULE II Exploration of public domain knowledge in patents, the relationship between patents and other intellectual property rights, and using the insights gained to find opportunities to leverage existing inventions and public domain knowledge for facilitating business success.
MODULE III Using and integrating public domain knowledge in product development processes from an idea’s conception to its analysis, design, testing, market launch and post-launch analysis for continuous improvement.
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Identifying Inventions in the Public Domain- WIPO Guide

A public domain invention is a publicly disclosed invention not covered by any enforceable patent rights in a specific country, at a defined time, such that anyone may freely use that invention in that country at that time, without liability for patent infringement. Using this conceptual framework, the guide teaches you a three-stage process for searching and analyzing published patent documents using the tools of freedom to operate (FTO) determination.

DESCRIBE (Module II)  – Gather information from the client about the invention: · What is the invention and what does the client plan to do with it? · Where does the client plan to use the invention?  When does the client plan to use the invention? – Describe the invention and its planned use. 

SEARCH (Module III)  – Break down the invention into parts and identify features to search. – Choose search parameters and resources: keywords; patent classification symbols; databases; countries; year(s); language(s). – Search for patent documents with claims that might cover the invention or one of its essential features, and identify potentially relevant documents to analyze.

 ANALYZE (Module IV) – Analyze each potentially relevant patent document: · Analyze claims to determine the scope of patent rights. Could a claim be interpreted in such a way that it might be found to cover the invention or one of its essential features? Yes/No/Cannot determine. · Determine the legal status of each analyzed patent. Is it still in force? If so, where is it enforceable and for how long? If not, is it expired, abandoned, invalidated, disclaimed or revoked? Is the legal status ambiguous or unsettled?

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How to identify the cow?

Farmers never had any problem in identifying their cattle, many were even give names like pet dogs. The problem is different with bureaucrats, bankers, insurance companies- to them all cows look the same. 

One the tourist attraction for foreigners in Delhi is sight of stray cattle and they do not miss an opportunity to take photo. Obviously governments think it is a bad publicity for the nation and regularly introduced schemes to control population of stray cattle on streets. Delhi government hired about 150 stray cows’ catchers who are supposed to bring 10 cows per day. These people know that of all the cows are removed they will eventually they will lose their job. Due to the corruption, these stray cattle often make their way back on street and are often caught multiple times.

Under PATSER we supported one project for tagging the cows with RFID, even after 15 years it is still a major issue- in 2019 under smart city project Ahmadabad had taken a project to insert RFID tags in 70 bovines per week.

Now comes Facial Recognition technology from startup Moofaram, Mantra.  Egyptian scientists have developed a computer-based technique to identify cattle using nose prints.

Independent innovator cheated - case from Sweden

Stefan Hultberg is a Swedish inventor who presented his idea about secure bank identification in 2007. It turned out that it was rather early for his idea, as the concepts of mobile apps and security did not yet go together. In 2010 Stefan made a new attempt. His idea was different, as it built mainly on software development, while the technologies banks were using at the time included sim-cards and sms communications. Stefan's company, Accumulate, started a pilot project together with the banks' jointly owned company, Finansiell id-teknik. Accumulate received some compensation for this pilot project but this was not even sufficient to cover the firm's own costs—they had no less than 15 patents registered for this solution. Stefan Hultberg suggested a licensing model which entailed that each user pay some sort of royalty fee for using the app. The banks did not agree. During this time, Accumulate had had meetings with the banks where details about how the solution worked had been revealed—including details about the source code under the protection of non-disclosure agreements. In autumn 2010 Finansiell id-teknik announced they were not interested in Accumulate's idea and that they would build their own system. Stefan Hultberg claims that this is an identical copy of the system suggested by Accumulate. In 2017 the Swedish Patent and Market Court accused Finansiell id-teknik of patent infringement. 

The lawsuit is on-going.

Modified 5G standard developed in India, adopted by ITU

TSDSI has successfully introduced an indigenously developed 5G candidate standard, based on 3GPP Technology, at the International Telecommunications Union (ITU) in 2019 for IMT 2020 ratification. The TSDSI-RIT incorporates India specific technology enhancements that can enable longer coverage for meeting the LMLC requirements. The TSDSI-RIT, geared mainly to address the LMLC requirements, exploits a new transmit waveform that increases cell range developed by research institutions in India (IIT Hyderabad, CEWiT and IIT Madras) and supported by several Indian companies.

(https://tsdsi.in/indias-5g-technology-tsdsi-rit-moves-another-step-forward-at-itu/

Historical milestones as narrated by Prof Kiran Kuchi,IITH:

 1. Meity funded CEWiT at IITM around 2005 (Bhaskar, Jhunjhunwala and Co.) I joined CEWIT in Jan 2008. Phase-1 of Indian crack at Standards Essential Patents (SEP) started with a 4G version of WiMax. Myself, Klutto and others at CEWIT developed first set of WiMax centric SEPs incorporated into IEEE 802.16m (4G version of WiMax) between 2008-11. WiMax did not take off and those efforts did not pay off at first.

2. 2011-2015 was a cool off period until TSDSI was born (Kumar first Chairman, Abhay Second and now Bhaskar 3rd Chairman of TSDSI). 5G NR standard development started at 3GPP 2016-18. Myself and Kultto made 30+ international trips  to push a waveform designed to have large coverage (now morphed into LMLC). It took 3-years to push this tech into 3GPP.

 3. 2018-20 LMLC (large cells + the waveform introduced by our team at 3GPP etc) concept introduced first at TSDSI SG1 then pushed through ITU by Prof. Ganti and team over 2-years, with support from TSDSI, DOT, IITs.

 4. Some 20 patents cover the essential aspects of this waveform that is now part of TSDSI ITU spec and also part of 3GPP rel-15,16/17.

 5. About 10-15 years from concept to standardization. Qualcomm and others have implemented this tech in 5G phones but Nokia and Ericsson had been adamant to include in the base station. I am sure with TSDSI spec approved at ITU. It will get into these networks as well. Another year to two before you see this on the field.

 6. I would like further add that Satish Jamadagni VP at Jio, vice chairman TSDSI, supported this effort by cosigning some 100 contributions at 3GPP, back channeling with MNCs several times. I must say that he convinced  Jio to  support this Indigenous effort. I worked very closely with him for about 4 years on this project...

PATENTING OF MICRO-ORGANISMS IN INDIA, HOME OF PIONEER Ananda Mohan Chakrabarty

Prior to 1980, Inventions pertaining to microorganisms and other biological entities were subject to product patents in India i.e patents were granted for processes and products obtained using microorganisms but no patents were given for microbes as such. Louis Pasteur received a U.S. Patent No 141072 for process of fermenting beer but no patent was given for the living entity “yeast” per say. However, in 1980, Ananda Mohan Chakrabarty developed a “genetically modified” bacterium capable of breaking down crude oil.  This property of degrading crude oil was not not found in the naturally occurring bacteria and thus this invention was thought to have significant value for cleaning up oil spills. With effect from 20.05.2003 India has started granted patents in respect of invention related to microorganisms.

When an invention involves a microorganism, completely describing said invention in the description to enable a third person put the invention into practice becomes difficult.  It would be virtually impossible to describe the microbial strain, its isolation, selection and modification to guarantee that the other person will obtain the same strain from the same environment. In such a situation, the microorganism itself will form an essential part of the disclosure and a sample of the microorganism must be deposited in a recognized institution for its availability to the public. The depositor should, in particular, ensure that the deposit is made in the name of the applicant for the patent and a sample of the microorganism is deposited to an International Depositary Authority before filing the patent application. There should be sufficient time for delays in the mail or customs formalities (if the sample is being sent by mail). If the sample is found to be non-viable by the International Depositary Authority (IDA), a replacement sample has to be provided by the applicant for the patent.

Two microbial culture collections have acquired status of IDA:

(a)    Microbial Type Culture Collection and Gene Bank (MTCC), Chandigarh, UT, India

(b)   Microbial Culture Collection (MCC), National Centre for Cell Sciences, Pune, Maharastara, India

MTCC chrages one time fee for such a deposit.

·        Non-Profit organizations: The depositor has to pay a one time fee of Rs.20,000/- PER CULTURE (Rs.15,000 deposit fee + Rs.5,000/- for making ampoules) + 18.00% GST.

·        Commercial organizations: The depositor has to pay a one time fee of Rs.25,000/- PER CULTURE (Rs.15,000 deposit fee + Rs.10,000/- for making ampoules)+ 18.00% GST.

Example: Patent Number 251658: a novel microorganism which is suitable for the production of hydrogen. This organism is a strain of Thermoanaerobacterium thermosaccharolyticum under the deposition number FERM BP-10793 or its variant.

The curious case of vanishing spray used in Football matches

Since the first use of vanishing spray in a Fifa World Cup match, the beautifully simplistic, potentially universal addition to the game has continued to feed into evermore leagues around the world. Pablo Silva, an Argentine entrepreneur and journalist patented it -US20120148741A1/. Allemagne was the first to start working on the problem in 2000. Both became partners in 9:15 Fair Play.  It took six years of lobbying by Allemagne and Silva, eventually resulting in the International Football Association Board, who oversee the game’s rules, approving the spray for widespread use, in March 2012. In 2013, the Club World Cup in Morocco would be the final testing ground for Fifa to grant the spray approval for the 2014 World Cup. 

As per reports financial rewards were nonexistent: “The sprays for the World Cup were given for free. Fifa only gave me two tickets for the final of the World Cup for retribution ... The inventors also charged FIFA with stealing their idea, not paying them but licensing imitations from several parts of the world...

Quoting from daily mail...Five months before the World Cup, Mr Allemagne and his Argentinian business partner Pablo Silva received a written proposal from Thierry Weil, FIFA's marketing director, offering to buy his invention for £380,000.

Mr Allemagne said: 'We didn't respond. The figure was far too low. Grandona, FIFA's finance chief, later had a conversation with Pablo in which he told him not to worry, that after the World Cup the spray would be much more, at least £30million.'...

Patents and Additive Manuafcturing

AM brings together different technologies, some of which have existed since the 1950s: computer-aided design (CAD), computer-aided manufacturing (CAM), laser and electron energy beam technology, computer numerical control (CNC) machining and laser scanning. Applying these technologies to a variety of materials led to the start of a whole new industry at the end of the 1980s, generating a growing number of patent applications. The commercial use of AM emerged in 1987 with 3D Systems’ stereolithography (SLA), a process that solidifies thin layers of ultraviolet (UV) light-sensitive liquid polymer using a laser. The last 30 years have witnessed the growth of AM into a fully fledged industry.

 Initially, AM was almost exclusively used for producing prototypes, and it soon became well 

established in that field. It has since been deployed to make end-products, and this is where the sector reveals its strongest growth potential. AM can provide complex intermediate components and final products that in the past could only be made by hand or by several consecutive work steps. As almost any geometric form can be produced by AM, the technology is now used predominantly for small series of highly complex components. However, the shift from prototyping to end-product manufacturing requires further development in the sectors of hardware, e.g. printers and printing methods design and print software as well as materials used in printing.

Twenty-five companies accounted for about 30% of all AM patent applications filed with the EPO between 2000 and 2018. They include large companies from a range of sectors, including transportation, chemicals and pharmaceuticals, information technology, electronics, imaging and consumer goods, as well as pure 3D-printing specialists such as Stratasys, 3D Systems and EOS. The US and Europe dominate the ranking, with 11 US companies and eight European companies in the top 25 applicants. Of the top European applicants, five are German companies.

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Patents and COVID innovations

COVID Crisis unleashed creativity of Indian Researchers and Innovators like never before. Is India becoming an Innovation nation?  

Here, we look at basics of IPR and some of the COVID 19 innovations.