Patents and the Fourth Industrial Revolution- EPO publication

The Fourth Industrial Revolution (4IR) is already triggering sweeping transformations in value creation and consumer behaviour. A constellation of disruptive technologies – the internet of things, cloud computing, big data, 5G communication and, of course, artificial intelligence – is paving the way for a new data-driven economy. This new study takes a truly global perspective on the technology drivers of the Fourth Industrial Revolution. Drawing on patent data across over 350 distinct technology fields, it provides unrivalled insights into the digital transformation impacting the global economy today. Drawing on the latest information available in published patent documents, the data presented in this study show trends in high-value inventions for which patents have been filed in more than just the inventors’ domestic market, by counting international patent families (IPF). 

Bangalore is ranked 28th in 4IR clusters with Samsung Electronics (19%), Intel (9%), Wipro (6%) working on Software, power supply, data security. India gets the cake in cross- border collaborations, due to presence of MNC R&D centers. Some 11% of the IPFs related to 4IR technologies originate from teams of inventors located in different countries. On a global scale, India and Canada stand out in this respect, as up to 39% and 34% of their respective IPFs were co-invented in the period 2010-2018.

Handbook on Potential for ‘NEO Import Substituting Industrialisation in India’-ISI

This exhaustive publication was compilation of Economic History, Trade policies, various programs of Indian Government and list of recommendations brought by  Research Committee of The Institute of Chartered Accountants of India. This handbook provide guidance in respect of potential for Import Substitution Industries in India.

Core Product Analysis for ISI includes,  (a) Chemicals & Petrochemicals, (b) Automobile & Automobile Components,  (c) Drugs & Pharmaceuticals and (d) Electronics & Consumer Appliances. This is followed by Potential Location Analysis for ISI covering (a) Mumbai – Aurangabad - Maharashtra’s New Industrial Belt, (b) Pune - A unique culmination of IT and Manufacturing,  (c) NH48: Gurugram-Bhiwadi-Neemrana Corridor - India’s Oldest Auto Cluster, (d) Noida-Greater Noida-Yamuna Expressway - India’s Electronics Manufacturing Corridor,  (e) Bengaluru - India’s Silicon Valley, (f) Chennai - Detroit of India, (g) Tirupati-Chennai-Nellore -The Tri-City Industrial Corridor, (g) Tirupati-Chennai-Nellore -The Tri-City Industrial Corridor, (i) Ahmedabad - India’s Emerging Auto Hub etc.

Suggestions and conclusions- Performance Incentives 

Direct tax exemption on export income and Income generated directly or indirectly from indigenisation and Import Substitution Exemption for a period of five years. 

Direct tax exemptions for 5 to 10 years for a foreign company wanting to set shop in India with a JV/collaboration with MSMEs. 

Technology upgrade: Exemption from import duty for capital equipment for technology upgradation and innovation. 

Investments made by SME to move towards sustainability and energy conservation must be incentivised. 

India Innovation Index 2020

 NITI Aayog released India Innovation Index 2020 comparing performance of various states and Union Territories. Down load report here.

Biodiversity and IP

India joined the Convention on Biological Diversity (CBD) on February 18, 1994, becoming part of the movement to promote the conservation of biodiversity and the equitable sharing of benefits arising out of the use of genetic resources. In order to conform the national laws to the mandate of the CBD, the Indian Parliament passed the BD Act, 2002. Section 6(1) of the Act lays down the provision of obtaining prior permission from the National Biodiversity Authority (NBA) for applying for any IP in or outside India for any invention based on any research or information on a biological resource obtained from India. Indian Law requires patent applicants to seek approval from the National Biodiversity Authority (NBA) before filing patent applications that use biological resources, under The Biological Diversity Act, (BDA), 2002.

6. (1) No person shall apply for any intellectual property right, by whatever name called, in or outside India for any invention based on any research or information on a biological resource obtained from India without obtaining the previous approval of the National Biodiversity Authority before making such application. Provided that if a person applies for a patent, permission of the National Biodiversity Authority may be obtained after the acceptance of the patent but before the sealing of the patent by the patent authority concerned: Provided further that the National Biodiversity Authority shall dispose of the application for permission made to it within a period of ninety days from the date of receipt thereof.

Several patent applications are based on inventions that relate to material that does not come under the definition of “Biological Resources” under the BDA act. Thus, if patent application is in respect of the following, excluded subject matter, then approval from NBA before filing patent application is not required. Value Added products: Section 2 of BDA explicitly excludes value added products from the purview of “Biological resources”. Value added products are defined as “value added products means products which may contain portions or extract of plants and animals in unrecognizable and physically inseparable form.”. For example, products such as wheat flouri , tobacco dustii, allicin-enriched garlic extractiii, were considered as value added product by the Indian Patent Office. Bio-waste: NBA approval is also not required for, inventions that use/ disclose Bio-waste. Biowaste is generated after the economic use of the biological resource/material is exhausted and is therefore not covered under the definition of “Biological resources”. Synthetically prepared biological material: Inventions that use synthetically prepared biological material, can also be filed without seeking prior approval from NBA. Such material for example includes materials such as enzymes, pigments, gums, sucrose etc. Source: Aparna Kareer 

See also WIPO website.

CEL, India invites agents to sell defence business products in India and globally.

Central Electronics Limited (CEL) A Govt. of India DSIR Enterprise is looking to expand its business in the field of Defence products by engaging Channel Partners/Agents for the Domestic as well as the Overseas market. Interested parties having sound marketing experience in the field of Defence product business and capable to promote and sell our Defence products in domestic and overseas market are requested to submit their EOI at the office of Asst. General Manager - MMD of Central Electronics Limited. Products for which EOI is sought: 

a. Phase Control Module (PCM) for Radars Phase Control Module (PCM) is a strategic and critical component for the Passive Phased Array Radars. It is an important part of an electronically scanned passive phased array antenna that allows the antenna beam to be steered in the desired direction, without the need of any physical repositioning of the antenna of the Radar. 

b. Ceramic Radome for the Missile Seeker The Radome is an aerodynamic structural part attached to the fore end of a missile. It transmits electromagnetic signals with minimum attenuation and also protects the radar communication system of the missile while in flight. 

c. Bullet proof materials for Body Armours (Bullet Proof Jacket, HAP, SAP etc.) CEL is one of those few companies in the country who are having expertise for making technical ceramic articles from powder to the product stage. Presently we are producing Alumina ceramic tiles of different shapes and sizes for the Ballistic Protection. 

d. Laser Fencing System for perimeter security Laser Fencing System is an invisible laser wall having an intrusion alarm event that gets triggered while carrying out the video recording and also transmission. This is useful for ensuring on the Perimeter Security of strategic installations like Army Out-posts, BSF Camps, Jails, National Parks, etc. 

e. Dielectric substrates CEL manufactures alumina based dielectric substrates which are widely used in the antenna and also ammunition based products and systems. They can also be used in the RF & Microwave Filters, GPS antennas, Strip-line circuits, Circulators/Isolators, MIC’s (Monolithic IC’s), etc. 

f. Visibility Measurement System CEL is manufacturing the DRISHTI Transmissometer. DRISHTI a CSIR-NAL developed technology used to measure visibility, especially in the Aviation industry. It can measure the visibility in the range of 4 meters to 10 kilometres. DRISHTI meets the standards of the International Civil Aviation Organization (ICAO) and World Metrological Organization (WMO). 

 g. Circulator & isolator CEL is a pioneer in the field of processing High-frequency Ferrites. These ferrites are used in the making of Circulators and Isolators for the Defence and Aerospace Communication systems. CEL is presently manufacturing different types Circulators and Isolators as per the customer’s requirement. h. Piezo Elements & Piezo Sensors CEL is the leading manufacturer of Piezo Ceramic Elements in the country. We have a wide range of Piezo elements and Piezo sensors. We also have been taking customized orders for the same. CEL is also currently manufacturing the ‘HEAT Fuse 551’ for the Antitank weapon system called the “Karl Gustaf-Gun.

Notice open upto : 31/12/2021 up to 15:00 Hours

The EOI is available on http://celindia.co.in/

Rules Origin under FTA- India enforces new guidelines.

Finance Minister in her Budget Speech 2020 had said “Undue claims of FTA benefits have posed threat to domestic industry. Such imports require stringent checks. In this context, suitable provisions are being incorporated in the Customs Act, 1962. Accordingly The Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 (CAROTAR, 2020), was notified on 21st August, 2020.  The new Rules will support the importer to correctly ascertain the country of origin, properly claim the concessional duty and assist Customs authorities in smooth clearance of legitimate imports under FTAs.

India has FTAs with more than 30 countries including Japan, South Korea and Singapore, and is in the process of negotiating trade agreements with the USA, Australia, Switzerland, Norway and Iceland among others.

Reading: https://www.mondaq.com/india/international-trade-investment/986004/rules-of-origin-under-trade-agreements

Indian Government allows Ethanol production from cereals- Fuel from Food

In a major reversal of policy Government of India allowed Cereals as feed for production of Ethanol with fiscal incentives. o achieve 20% blending by 2025 as well as to meet out the requirement of ethanol production capacity in the country, the Department of Food & Public Distribution has modified earlier scheme & notified the modified scheme for extending financial assistance to project proponents for enhancement of their ethanol distillation capacity or to set up distilleries for producing 1st Generation (1G) ethanol from feed stocks such as cereals (rice, wheat, barley, corn & sorghum), sugarcane, sugar beet etc. or converting molasses based distilleries to dual feed stock vide notification dated 14th January, 2021. 

• In 2009, the National Policy on Biofuels stressed on the use of non-food resources to avoid a possible conflict between food and fuel. 
• In 2018, the government modified its 2009 policy. The new National Policy on Biofuels had a target of 20 per cent blending of ethanol in petrol and 5 per cent blending of biodiesel in diesel by 2030. This was to be achieved by increasing production using second generation bio-refineries and developing new feedstock for biofuels. It allowed the production of ethanol from damaged food grains like wheat and broken rice, which are unfit for human consumption.
• Policy 2021: To achieve 20 % blending by 2025 & to meet the requirement of chemical & other sectors, about 1200 crore liters of alcohol / ethanol would be required; out of which 900 crore liters would be required to achieve 20% blending & 300 crore liters would be the requirement of chemical & other sectors. Out of total requirement of 1200 crore liters, 700 crore liters is required to be supplied by sugar industry & another 500 crore liters need to be supplied by grain based distilleries.To produce 500 crore liters of ethanol/alcohol from food grains, about 125 LMT of food grains would be utilized; this extra consumption of surplus food grains would ultimately benefit the farmers as they will get better price for their produce and assured buyers; and thus will also increase the income of crores of farmers across the country. 

Institute of Eminence - Regulations relaxed, incentives needed.

The IoE regime was introduced specifically to enable Indian institutions/ universities to break into the top 500 (and eventually top 100 of world institutions rankings and also to facilitate global recognition of Indian universities. IoEs enjoy significantly more autonomy in terms of their curriculum, fee structure, faculty, course structure, admissions, collaborations with foreign universities, etc., compared to other institutions.

read : http://www.nishithdesai.com/information/news-storage/news-details/newsid/6423/html/1.html

Issues:

1. For Government funded institutes- recruitment of foreign faculty

2. For private institutions- R&D grants.

3. Climate- Absence of International Universities in India.

BARC technologies for COVID.

 

BARC has broughout special bulletin on various technologies developed/ adopted for COVID.

Download: http://www.barc.gov.in/publications/bulletin-final-compact.pdf

Technologies available for transfer: http://www.barc.gov.in/technologies/technology.html

draft Science, Technology and Innovation Policy for public comments before 25th January 2021

 GOI released draft draft Science, Technology and Innovation Policy on 1st January. Highlights:

Broad vision- To double the number of Full-Time Equivalent (FTE) researchers, Gross Dimestic Expenditture on R&D (GERD) and private sector contribution to the GERD every 5 years.

Open Data Policy for Publicly Funded Research: All data used in and generated from public-funded research will be available to everyone (larger scientific community and public) under FAIR3 (findable, accessible, interoperable and reusable) terms. Wherever applicable, exceptions will be made on grounds of privacy, national security and Intellectual Property Rights (IPR).

Transforming existing R&D institutions to research universities. This will foster better linkages between research and education and also enable effective utilization of research infrastructure.

Foreign MultiNational Companies (MNCs): Foreign MNCs play an integral role in boosting India’s economy. To gainfully measure and assess the contributions made by foreign MNCs in the STI financing landscape, innovative methods to capture them will be developed.

Boosting fiscal incentives for industries investing in STI through incremental R&D based tax incentives, tax credit for investing in facilities for commercialization, tax holidays, tax waivers, target-based tax incentive for specific domains, tax deduction, expatriate tax regimes, remodelling of patent box regime etc. There will be a reassessment of the possibility of reviving weighted deduction provisions (of expenditure incurred on in-house R&D).

Flexible mechanism for supplier development programmes for public procurement in all sectors (especially earmarked for Small & Medium Enterprises - SMEs and Start-ups).

Reassessment of regulatory control on STI landscape to promote innovative enterprises. It is recommended that the Central Government re-examine and widen the scope of R&D expenditure. Further, the government may determine the right mix of loan, equity and grants to assist Indian industries for technology up-gradation and commercialization. Further, to attract Foreign Direct Investment (FDI) in STI, reduction in corporate tax rates for foreign MNCs, fast track clearances, easing land acquisitions, adequate means for incorporating FDI etc. will be explored on a need basis.

To undertake efficient governing mechanisms for the STI funding landscape, a national STI Financing Authority will be created.

Modification/waiver of General Financial Rules, for large scale mission mode programmes and projects of national importance will be explored. A new model for funding, implementation and monitoring of such programmes will be developed, either as an overarching mechanism or through obtaining cabinet approvals in respect of individual programmes. In addition, certain GFRs will be required to be amended for funding of R&D projects to facilitate ease of doing research.

Commentary:

A great compilation of wish list. There is something for every stakeholder.  STI Financing Authority , modification/ waiver of GFR are radical proposals in Indian context.

GOI invites EoI from Indian Companies / Consortia interested in acquisition of Semiconductor FAB outside India

Government of India is keen to incentivize and attract investment for setting up of Semiconductor FABs in India. Ministry of Electronics and Information Technology (MeitY) has issued  Expression of Interest (EoI) dated 15.12.2020 for Setting up / Expansion of existing Semiconductor Wafer / Device Fabrication (FAB) facilities in India or acquisition of Semiconductor FABs outside India. Last date for submission of EoI proposal is 31.01.2021.

Eligibility criteria under Category C includes Indian Companies / Consortia interested in acquisition of Semiconductor FAB outside India.

Interested parties can submit Financial support desired from the Government of India, including Grant-in-Aid (GIA), Viability Gap Funding (VGF) in the form of Equity and / or Long-Term Interest Free Loan (LIFL), tax incentives, infrastructure support, etc.

Unleashing creativity of students

 A common misconception today is that innovators are innately creative people. In fact innovators aren’t born, they’re made. So we can learn the attributes that leading innovators share.

1. Risk- take risks. The real fun in life is taking risks and trying something new. To try and fail is at least to learn. To fail to try is to suffer the inestimable loss of what might have been.

2. Try-try lots of ways.There cannot be a thing called “good habit” in the context of innovation. Anything that becomes a habit cannot produce something new, cannot bring in some changes. The mind is programmed to function in the same way and to expect the same outcome. So there is no question of innovation.

3. Flip-flip yr plan from the end. Start with end in mind. A problem statement should end up with an interrogation mark. The question also should be an open-ended question which will lead to several answers. ‘Population Explosion" in India’ is a simply a statement. “Can we do anything for the population explosion in India?” is still not a problem as this is a close-ended question leading to known number of sure answers such as “Yes”, “No” or “May be.” It becomes a problem only when it is phrased like “How can we control the population explosion in India?”

4. Solve – solve a simple ordinary problem everyday. Moving from ‘yes, but’ to ‘yes, and’ is in fact moving from the limited left brain to the fertile right brain.

5. Grow- grow with each approach. SCAMPER is a ‘mnemonic’ that stands for: • Substitute •Combine• Adapt• Modify• Put to another use • Eliminate• Reverse. By asking questions about existing products, services or strategies, using each of the seven prompts of SCAMPER, one can come up with creative ideas for developing new and for improving the existing ones.

6. Inspire-find what inspires you.Inspired people seed the problems in their subconscious minds and at the unexpected moment, bout of ideas spring up. The subconscious mind is the storehouse of all our knowledge, which we have gained from our childhood.

7. Learn-learn more about the failures.

8. Explore- continue to explore wherever you are are.

9. Think- Take time to think.Sleeping on a problem is a common strategy successful people use for finding solutions. Unconscious mental processing, called incubation, has provided some greatest breakthroughs in history.

10.Ask- ask random people about things. Dissidents are the people who help us see things, which we fail to see, or are not able to see. Of course there are several of them doing this for various reasons.

11.Open- be open to Ideas. You cannot see something new by looking harder in the same direction.

12.Express-boldly express ideas.

13.Press- Press into an idea, Draw it out, share it, rework it.

14.Change-embrace change with an excited heart. Each day is a great opportunity to try something new and push yourself into areas that test your capabilities as well as widen your horizons. If you fancy taking on something extra special, start with the following personal challenges: Run a marathon, Volunteer for charity work, Exercise your brain by learning a new language or to play a musical instrument.Surprise yourself by doing things which you said to yourself, ‘I could never do that.’Get a new job. Overcome fear by doing exactly that. Join a sports club.

15.Raise funds for charity.

16.Act- act on innovation when the ideas come.act on it.The major issue in implementing an idea is the mindset. Five point strategy, 1) Persistence 2) Influencing people 3) Back to the drawing board 4) I’m in charge and 5) Taking systems view.

17.Search-search for another way.Treat it like a maze.

18.Process- be open to the process.

19.Challenge- find people who will challenge you.

20.Dream-Dream, record your dream, put it into action.

21.Share- share your idea with others, work together.

22.Draw- Draw out what the problem is – Draw out the solutions.

23.Pursue- Pursue innovation. Do not wait for it to come.

24.Reach- Reach beyond your own abilities.

25.Improve- Identify ways to improve every aspect of your life.

26.Dare- Dare to challenge the accepted. Create a challenge book.A challenge book reflects curiosity and curiosity is the mother of innovation. Sometimes curiosity is triggered by necessity. Increasing energy costs, necessitates one to look for alternate sources.

27.Create- Create an environment of innovation.Make it the norm.

28.Share- share ownership of innovation.Knowledge is available everywhere: Knowledge today stands distributed. So it is now crucial to identify promising ideas from anywhere before others do so.

Reading:

1. Who is Creative?

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1142469

2. 101 Ways to Create and Innovate, Annamalai Natarajan ,

https://www.flipkart.com/101-ways-create-innovate/p/itma8d5522bb4fd9

3. Video : https://youtu.be/ke8nFuG_FZw

Surgery by Ayurveda practitioners - False pride or Science

India witnessed nationwide protests by MBBS doctors against government allowing surgeries by postgraduate students of Ayurveda. 

The Rigveda is the earliest account of ancient Indian civilization which mentions that Ashwini Kumaras known as Dev Vaidya were the chief surgeons of Vedic periods, who had performed rare legendary surgical operations. There are many Granthas and Samhitas dealing with Ayurveda; among them, Charak Samhita, Sushrutaa Samhita, and Ashtanga Sangraha are the three main pillars of Ayurveda. Charak Samhita and Ashtanga Samhita mainly deal with medicine knowledge while Sushrutaa Samhita deals mainly with surgical knowledge. Sushruta is the father of surgery, his works are compiled as Sushrutaa Samhita. He described 60 types of upakarma for treatment of wounds, 120 surgical instruments and 300 surgical procedures. Sushruta considered surgery the first and foremost branch of medicine and stated that surgery has the superior advantage of producing instantaneous effects by means of surgical instruments and appliances and hence is the highest in value of all the medical tantras.

The Current Debate revolves around allowing postgraduate students in Ayurveda undergoing ‘Shalya’ (general surgery) and ‘Shalakya’ (dealing with eye, ear, nose, throat, head and neck, oro-dentistry) to perform 58 specified surgical procedures. There are two branches of surgery in Ayurveda, Shalya Tantra and Shalakya Tantra. All postgraduate students of Ayurveda have to study these courses, and some go on to specialise in these, and become Ayurveda surgeons. Postgraduate education in Ayurveda is guided by the Indian Medical Central Council (Post Graduate Education) Regulations. The 2016 regulations allow postgraduate students to specialise in Shalya Tantra, Shalakya Tantra, and Prasuti evam Stree Roga (Obstetrics and Gynecology). Students of these three disciplines are granted MS (Master in Surgery in Ayurveda) degrees.

Read :   

Cant S. Medical Pluralism, Mainstream Marginality or Subaltern Therapeutics? Globalisation and the Integration of ‘Asian’ Medicines and Biomedicine in the UK. Society and Culture in South Asia. 2020;6(1):31-51. doi:10.1177/2393861719883064

Exploring pluralism - The many faces of Ayurveda: https://www3.nd.edu/~cnordstr/Academic_Articles_files/Exploring%20Pluralism.pdf

  

Global Innovation for Local Entrepreneurs- 5 options

Request for Proposal - Design Manufacture supply and Maintain Integrated NavIC and GPS Receiver

The government has invited proposals for design, manufacturing, supply and maintenance of 10 lakh integrated NavIC and GPS receivers. The request for proposal document said that MeitY (Ministry of Electronics and IT) seeks proposals from bidder to design, manufacture, supply and maintain Integrated NavIC and GPS chips and ensure deployment of Integrated NavIC and GPS receivers. As per the document, the last date for submission of the bid is 11th January and pre-bid meetings will be held on 14th December.

NavIC is an independent and regional satellite navigation system of India. Government of India is promoting NavIC as an indigenous positioning technology with an inbuilt messaging system. Ministry of Electronics & Information Technology (MeitY), Government of India is trying to support companies facilitate market entry of NavIC in established market of tracking and navigation. Hence, MeitY seeks proposals from bidder to design, manufacture, supply and maintain Integrated NavIC and GPS chips and ensure deployment of Integrated NavIC and GPS receivers.

Download documents: 

https://www.meity.gov.in/content/2nd-rfp-integrated-navic-and-gps-receivers

Transparency in revenue sharing of joint patent- case from Washington University and University of Wisconsin–Madison

Work of researchers at Washington University and University of Wisconsin-Medison results in U.S. Patent Nos. 5,246,925. Wisconsin Alumni Research Foundation (WARF) helps UW-Madison’s research enterprise by patenting inventions from university researchers, licensing the technologies to companies for commercialization. Washington University and WARF’s medical research partnership began in the 1990s. The two agreed that two-thirds of their shared patent’s revenues would go to WARF and one-third to Washington University. WARF then took the joint patent to Abbott Laboratories, a pharmaceutical company that launched the kidney dialysis drug known as Zemplar the same year it signed a licensing agreement with WARF.

Abbot successfully sued several generic product manufacturers by defending patents 5,246,925 , 5,587,497 and 6,136,799. Since the drug launched in 1998, it has generated about $6.1 billion in total sales revenue for Abbott. Over the duration of the patent’s life, which expired in 2015, Washington University received a little over $1 million while WARF received $426.5 million. 

When checks worth just a few hundred dollars began arriving at Washington University in the early 2000s, officials in St. Louis started pressing WARF for an explanation of the financial distribution. When  Washington University employee asked for a copy of the agreement WARF struck with Abbott, it was reported WARF cited non-existent confidentiality provisions preventing her from sharing documents with Washington University.

Aggrieved, Washington University in St. Louis sued WARF, in 2013  and court ruled in favour of Washington University, finding that WARF had misled its research partner about the patent’s true financial value and kept 99% of the patent’s royalties to itself. WARF contended it was fair distribution as bundle of patents were assigned to ABBOT.

References:

https://patents.google.com/patent/US5246925A/en

https://madison.com/wsj/news/local/education/university/uw-madisons-patent-licensing-arm-must-pay-at-least-32-million-to-ex-research-partner/article_2917cae0-8a84-56be-b7d9-6192377fd480.html

https://www.fr.com/files/Uploads/attachments/memoranda/Delaware%20Cases/julythroughdecember2009/Abbott%20Laboratories,%20et%20al.%20v.%20Teva%20Parenteral%20Medicines,%20Inc.,%20et%20al.pdf

https://techtransfercentral.com/2020/11/24/warf-must-pay-at-least-32m-to-former-research-partner-washington-u-in-patent-dispute/

SME case- Skeleton from Estonia

Skeleton offers one of the first commercialised technologies to use graphene, a ground-breaking and Nobel prize-winning material. This Estonian company develops, manufactures and sells ultracapacitor energy storage cells, modules and systems based on patented advanced materials and designs.

Founded in 2009, Skeleton is a young and ambitious company. To date it has raised more than EUR 40 million in investments and has spent considerable time and resources developing its technology into a product suitable for commercial-scale production and use. With roots in a private research institute conducting contract work for Toyota Motors, the two young Estonian non-tech founders Oliver Ahlberg and Taavi Madiberk from the University of Tartu, in collaboration with scientists Jaan Leis and Anti Perkson, started Skeleton with a technology and IP base focused on advanced materials.

Once Skeleton had been set up, the management was able to swiftly translate the technology into a commercial product. In 2011, the European Space Agency signed a contract with Skeleton, which gained the company a lot of publicity and recognition. Investors were attracted, and in the period 2013 – 2014, a pilot manufacturing plant was built in Tallinn with money invested by UP Invest (an Estonian venture capital and private equity firm). By 2015, a full manufacturing plant was up and running. The last milestone in the commercial production scaling was reached in 2017 with the finalisation of another plant in Saxony, Germany, to meet growing customer demand.

 PATENT PORTFOLIO 15 patent families, including EP2633532, EP2614512

Read: http://documents.epo.org/projects/babylon/eponet.nsf/0/D2CE4753B4C619A7C125819B003262B0/$File/sme_case_study_skeleton_en.pdf

 

Patenting your Invention - Episode 4 Basics of Patenting in India

Overview of hydrogen and fuel cell developments in China

This is a comprehensive report published by By Holland Innovation Network China , Bente Verheul - January 2019. Extracts:

This report presents the outcome of a study on hydrogen developments in China, performed by Bente Verheul, on behalf of the Holland Innovation Network in China. China’s initial interest in hydrogen comes from the automotive sector. China has established the largest NEV market worldwide and continues to foster the development of this sector. Aside for battery electric vehicles (BEV), also fuel cell vehicles are of importance. National and local policies set ambitious targets for the roll-out of hydrogen refueling stations (HRS) and the development of core technologies. In 2018, the fiscal subsidy policies for NEVs has been adjusted in favor of fuel cell electric vehicles (FCEVs) and large SOEs in the energy production sector, equipment manufacturing and automotive sector jointly established the China Hydrogen Alliance. China has invested heavily in R&D related to PEM fuel cells and highquality fuel cell power systems are produced in China by Re-Fire and SinoHytec using foreign fuel cell stacks. In 2018, China has put large fleets of FCEVs on the streets in Shanghai, Beijing, Zhengzhou, Foshan, Yancheng and Chengdu. Domestic companies are making progress in reducing platinum dosage in fuel cells (one of the main cost drivers) and are getting closer to international levels. China is initially focusing on fuel cell buses and commercial vehicles to improve public awareness, by gradually showcasing the safety of hydrogen as these vehicles require lower pressure storage tanks (35 MPa) than passenger cars. The 2022 Winter Olympics in Beijing and Zhangjiakou are an important target moment for China to showcase FCEVs, pushing the sector developments to a next level. Hydrogen and fuel cells research in China began in the 1950s by the Dalian Institute of Chemical Physics (DICP), mainly focused on applications for space programs. In the late 1980s the National Hi-Tech Research and Development Program (“863”) was launched to accelerate research-based technology commercialization in which several fuel cell and hydrogen technology projects are incorporated. Similarly, in 1997 the Basic Research Program (“973”) started, through which also government funding is made available for hydrogen and fuel cell technologies. 

Further Reading: The Development Trends of Fuel Cell Technologies Based on Patent Analysis, 

https://www.e3s-conferences.org/articles/e3sconf/pdf/2019/62/e3sconf_icbte2019_02007.pdf

 

 

Local working of a patent- inspector raj provision

It is mandatory under the (Indian) Patents Act, 1970 (“Act”) for every patentee and every licensee to file a statement as to the extent of commercial working of a granted patent in the Indian territory. This working statement is embodied in Form 27 of the Patents Rules, 2003 (“2003 Rules”). Non-compliance with the requirement of filing the working statement within the prescribed timelines as per the Rules may invite penalty of imprisonment which may extend to six months, or with fine, or with both, as provided under section 122(1) (b) of the Patents Act. Noncompliance is routine and public interest petition directions of High Court resulted in Patent Amendment 2020 streamlining the procedure. 

The question is  why not do away with this requirement of working of patent?

History of Local working

The first working requirements implemented by countries were consistent with the countries’ initial approaches to their patent systems, which were guided by the notion that patents were expected to serve domestic industry.The interest in promoting domestic industry also prompted countries to impose a working requirement to ensure that the patented invention was practiced locally. A patent owner who failed to work his patent in the country that granted  the patent faced a forfeiture of the patent, or later, when forfeiture was replaced by compulsory licensing, a compulsory license for the patent.

The United Kingdom tightened its working requirement in 1902 by allowing the revocation of a patent for nonworking not only if the patent was not being worked in the United Kingdom. It was prompted primarily by concerns about the influence of the German chemical industry in the United Kingdom and its monopolization of an entire industrial sector in the United Kingdom.The U.K. law prompted German companies to purchase chemical plants in the United Kingdom, and the companies did not suffer mass revocations of their U.K. chemical patents.

In India Intellectual Property Appellate Board in 2013, and the High Court of Judicature in the same year confirmed that “worked in India” does not have to “mean only manufactured in India.

It is clear threat of revocation of patent and compulsory license does not lead to local manufacture of innovative product with the patent granted. Why not abolish this inspector raj provision? 

Reference:

https://www.natlawreview.com/article/india-patent-amendment-rules-2020-streamlining-form-27-filings

http://nopr.niscair.res.in/bitstream/123456789/15742/1/JIPR%2018%281%29%2015-27.pdf

https://www.law.uci.edu/lawreview/vol6/no3/Trimble.pdf

 

Li-Fi in FSOC mode gets into demonstration

LiFi is based on Free-Space Optical Communication (FSOC), or in other words, an optical communications technology, in which information is transmitted through the atmosphere on modulated optical beams. This technology for indoor access has been coined as the Li-Fi technology by professor Harald Hass at The University of Edinburgh, U.K, and its capabilities for indoor internet access were first demonstrated at a TED global in 2011. Later on, in 2013, his company PureLiFi became the first company to manufacture a LiFi based product.

The origins of LiFi date back to 2006. Nearly 33% of all the patents on Li-Fi technology were filed before 2011.Samsung, with 25 patents, tops the list and leaves others behind by a great margin. It filed its first patent on LiFi technology in 2007. Its first three patents were on the basic working of LiFi equipment. These patents disclose how communication using an LED bulb is possible. However, the first-ever patent on LiFi technology was filed by Huawei in 2006. There are in total 3 patents of LiFi filed in 2006, out of which, one is filed by Huawei, another by Panasonic and the third one is the result of a collaboration between Elta Systems and Optigo. 

ERNET India executed LiFi pilot project jointly with IIT Madras. The objective was to study LiFi as an alternate communication technology and perform visible light communication experiments, and explore LiFi opportunities in various deployment scenarios, such as, hospitals, smart building and smart cities. The indoor LiFi internet kit was setup at ERNET Chennai to study and demonstrate LiFi capabilities, evaluate the indoor performance and various experiments in single user scenario. As part of indoor experiment, measurement of coverage range, optical power received at different coordinates, outage analysis at different distance in both line of sight (LOS) and non line of sight (NLoS) was carried out. The experimental outcome of the test results was published in APAN44 Network Research Workshop and Global LiFi Congress 2018. Later, ERNET India worked on a Pilot R&D to provide high speed network connectivity through Free Space Optical Communication Technology providing the connectivity to Kohima Science College from Kohima Secretariat, Nagaland. Free Space Optics is a line-of-sight technology that uses invisible beams of light to provide optical bandwidth connections that can send and receive voice, video, and data information.  The technology propagates the light in free space means air, outer space, vacuum, or something similar to wirelessly transmit data for telecommunication and computer networking. It operates between the 780 – 1600 nm wavelengths bands and use O/E and E/O converters. 

Google started a series of moonshot projects. Project Loon to deliver internet in rural areas and now Free Space Optical Communication project. Google started project Loon in 2011, a mission to establish a network of air balloons that would fly in the stratosphere, delivering internet to everyone. Loon balloons have already flown over 30 million kms in tests and helped people in Puerto Rico after Hurricane Maria.With Free Space Optical Communication, aka FSOC, Alphabet has been using light for high-speed transmission between two points. The tech came to be during the development of Project Loon and is now being repurposed to solve connectivity problems down here on Earth. Basically, it can deliver fiber-like speeds at places (and countries) where it might be impossible to lay underground cable lines. Now, Aphabet is ready with demonstration of FSOC  named TAARA in Kenya.

More about TAARA: https://x.company/projects/taara/

Startups dedicated to the Aerospace sector in India (2019)

Innovation for Defence Excellence (iDEX), launched by Department of Defence Production in the Ministry of Defence in April 2018, has created huge interest in startup community to work in this reclusive sector. The Defence India Startup Challenges have brought over 500 startups which are today active in this space. The iDEX Partner Incubators have enabled Department of Defence Production to reach out to startups in all nooks and corners of the country. The progress has been extremely heartening and encouraging. On the occasion of Aero India 2019, this Coffee Table Book on startupsdedicated to the Aerospace sector in India was released.

Request for Proposal (RfP) for selection of private entities to set-up manufacturing facilities that produce Advance Chemistry Cells (ACC).

The government of India has earmarked Rs 18,100 crore as approved financial outlay for implementing the PLI scheme in the Advance Chemistry Cell (ACC) Battery vertical. NITI Aayog and Department of Heavy Industries has been made the implementing agency for the same. 

Advance Chemistry Cells (ACCs), as Niti Aayog defines it, are the new generation advance storage technologies that can store electric energy either as electrochemical or as chemical energy and convert it back to electric energy as and when required. 

The Bidder shall have a minimum Net Worth of INR 225,00,00,000 (Rupees two hundred and twenty-five crore only) per GWh, as per the capacity specified in its Technical Bid for the Financial Year preceding the date of submission of the Bid. 

In the first stage, the Technical Bid will be evaluated on the basis of the Value Addition (as defined in the Programme Agreement) committed by the Bidder, and the Scale of Production (as defined in the Programme Agreement) committed by the Bidder (the “Technical Capacity”). Only those Bidders who commit minimum 60% (sixty) percent Value Addition at the Project and installation of ACC manufacturing capacity between 5 GWh to 20 GWh, within 5 (five) years from the Appointed Date shall qualify for further consideration and shall be ranked from highest to the lowest on the basis of their technical score (ST).

Subject to Clause 11.5, 11.6, 11.7 and 11.8, , the Beneficiary Firm shall be entitled to avail the Subsidy in accordance with this Agreement for a period of 10 (ten) years from the Appointed Date.

Subject to Clause 11.5, 11.6, 11.7 and 11.8, , the Beneficiary Firm shall be entitled to avail the Subsidy in accordance with this Agreement for a period of 10 (ten) years from the Appointed Date.

Notwithstanding anything contained herein, the cumulative Subsidy payable by the Government to the Beneficiary Firm during the Term of this Agreement, shall not exceed INR 1,420 crore (Rupees one thousand and four hundred and twenty crores) per GWh.

The Structure of the documents and the Model of the bid adopted under the Programme encompasses the following key features, first, the cash subsidy shall be offered on output, i.e. the volume of cells manufactured and sold by the beneficiaries. Second, it’s a technology agnostic initiative, whereby only cells with higher performance specifications (i.e., Energy Density & Cycle Life) shall be eligible to avail of the incentives.

Download: https://niti.gov.in/sites/default/files/2020-11/Model-Bid-Documents-ACC.pdf

Creating Demand for Local Innovations- E Book free to download

This is festival time in India. We are offering E Book `Creating Demand for Local Innovation' as free to download from Kindle. Link:

https://www.amazon.in/Creating-Demand-Local-Innovations-Compendium-ebook/dp/B07XGD493G

Send your comments to : indiainvents@gmail.com

The High Court of Delhi Rules Governing Patent Suits, 2020

The High Court of Delhi is in the process of framing Rules under Section 158 of the Patents Act, 1970. A draft of the proposed “The HighCourt of Delhi Rules Governing Patent Suits, 2020” was circulated.

In the last 10-15 years, the Delhi High Court has witnessed a high growth in the number of patent infringement actions filed before it related to various scientific and technological fields including pharmaceuticals, diagnostics, mechanical engineering, telecommunications, electrical/electronics, wind technology etc. The need for the present Rules has been felt due to the complexities that have arisen in dealing with patent suits and actions. The Delhi High Court Patent Rules, 2020 shall govern the procedure for adjudication of all patent suits. The substantive provisions governing patent suits are contained in The Patents Act, 1970. Patent suits being civil in nature are also governed by The Code of Civil Procedure, 1908 (CPC) as amended by The Commercial Courts Act, 2015. 

Documents to be filed along with the Plaint: The documents to be filed with the plaint shall include, inter alia,

i) certified copies of the certificate of grant of patent along with payment of annuities thereof. 

ii. complete patent specification including title and description of invention, claims, the abstract and drawings as granted. 

iii. a list of all corresponding patent applications/grants in various countries, if any, along with their current status in a tabulated form. A standard template for the said table is below. 

iv. If a decision has been given by any patent authority in another jurisdiction, a link to the same can be provided in the table. 

v. A summary of the technology shall be annexed either as a note or as a power point presentation printed with two slides per page. 

vi. Copies of any decisions of courts or patent offices in respect of the suit patent or any corresponding patent in any jurisdiction, including decisions in pre-grant, post-grant oppositions or revocation proceedings, shall also be annexed. 

vii. Any expert report relied upon for infringement analysis. 

viii. Copies of all relevant correspondence 

ix. In case of license agreements being relied upon, copies of the license agreements redacted or otherwise. Notes on justification for license fee, if claimed. 

x. Laboratory analysis reports, if any.

Green Ammonia

Ammonia is a pungent gas that is widely used to make agricultural fertilisers. Green ammonia production is where the process of making ammonia is 100% renewable and carbon-free. One way of making green ammonia is by using hydrogen from water electrolysis and nitrogen separated from the air. These are then fed into the Haber process (also known as Haber-Bosch), all powered by sustainable electricity. In the Haber process, hydrogen and nitrogen are reacted together at high temperatures and pressures to produce ammonia, NH3. However, the process of making ammonia is currently not a “green” process. It is most commonly made from methane, water and air, using steam methane reforming (SMR) (to produce the hydrogen) and the Haber process. Approximately 90% of the carbon dioxide produced is from the SMR process. This process consumes a lot of energy and produces around 1.8% of global carbon dioxide emissions.

The first  ammonia plant was established at Rjukan , Norway in 1927, following a 1925 agreement between IG Farben of Germany, who transferred the Haber patents to Norsk Hydro in exchange for a quarter ownership, and the distribution of the products through them. During the 1930s other products came into production, including hydrogen and other gases, and from 1934 as the first plant in the world mass-produced heavy water, following a production plan by Leif Tronstad and Jomar Brun.  Together they drew up a plan for the industrial production of heavy water with hundreds of combined electrolysis, combustion and condensation cells into a cascade process, coupled with recycling, culminating in more than 99 % pure heavy water. This was the first industrial scale production of heavy water in the world. Norsk Hydro built a plant according to Tronstad’s and Brun’s design, next to the generator building at Vemork, just outside Rjukan in Telemark County. By January 1935 the material was becoming available in amounts of more than 100 g at 10 % of the American price at the time, and in 1938 about 80 kg was produced. After the German capture of the Rjukan heavy water plant in May 1940 and its efforts to replicate same in Germany worried allies and the plant was sabotaged & bombed by applies in 1943.

In India, first plant using electrolysis had come up at Nangal in 1962. It had a design capacity of 310 tons per day (tpd) of ammonia, was based on water electrolysis. Heavy water, used in the atomic energy industry, was also produced from the hydrogen gas obtained from electrolysis. Ammonia was converted first to nitric acid and then to calcium ammonium nitrate (CAN). Since the electrolysis of water is a highly power intensive process, the company had important energy needs (149 MW); these were being met by the hydroelectric plant of the Bakhra Dam located a few miles from Nangal. Power shortage led to change in feed stock and technology with addition of 1000T plant in 1978. With commissioning of this facility, hydrogen generation through power intensive electrolysis route was to be stopped which would have resulted in stoppage of Heavy Water production also. However, in order to continue heavy water production, electrolysis plant was continued to run on reduced load. With this production of Heavy Water got reduced from 14 Te./Yr. to 7 Te/year. 

Draft Data Centre Policy

MeitY has drafted a Data Centre policy to benefit the Data Centre park developers/Data Centre operators as well as the allied ecosystem of Data Centre sector. The policy intends to ensure sustainable and trusted Data Centre capacity within the country. This policy framework shall be followed by a detailed scheme with implementation guideline document providing the particulars of various fiscal and non-fiscal incentives to be provided to the sector by the Central and State Government. Download The Policy document. Pl send your inputs and feedback within 15 days to:- uma.chauhan@meity.gov.in, cmo@meity.gov.in.

Promote indigenous technology development, research and capacity building 

5.4.1 Promote local manufacturing

 5.4.1.1 Promote and encourage use of indigenous hardware (IT as well as non-IT equipment) and software products used in the Data Centres, thereby reducing the overall import burden of the country. 5.4.1.2 Extend fiscal incentives to domestic start-ups and MSMEs to develop solutions for Data Centre usage.

5.4.1.3 Incentivize global equipment manufacturers to set up manufacturing units of IT/ Non-IT components in India, catering not only to local demands but also for export purposes. 

5.4.1.4 Strengthen the testing and certification framework for the Data Centre ecosystem, including for the IT and non-IT equipment and software products pertaining to Data Centres operations.

 5.4.2 Encourage joint ventures between the foreign investors and domestic companies to promote participation from Indian companies, in the development of Data Centres. This would enable long-term capacity building of the domestic companies operating in this space. 

5.4.3 Promote R&D in Data Centre ecosystem 

5.4.3.1 Promote setting up of R&D units to create an ecosystem that will promote development of Data Centre components within the country. 

5.4.3.2 Promote technology firms to produce innovative products and services for the Data Centre ecosystem and facilitate their commercialization for sustainable growth.

 5.4.4 Promote Adoption of Established Global Standards

 5.4.4.1 MeitY shall publish and mandate minimum standards for Data Centres / Data Centre Parks in the areas of build, IT, non-IT and security. 

5.4.5 MeitY to promote global adoption of services from state-of-the-art Data Centre infrastructure available in India, through various inter-governmental initiatives / MoUs. 5.4.6 Capacity Building and Human Resource Development 

5.4.6.1 Collaborate with Ministry of Skills Development and Entrepreneurship (MSDE) and leading academic institutes to impart large scale trainings to workforce on Data Centre, Digital and Cloud technologies, and facilitate sector linkages for such trained workforce. 

5.4.6.2 Promote skill development and upgradation initiatives aimed at addressing the skill gap of trained manpower to be able to meet the demands of Data Centres and Cloud Computing Platform. Data Centre Policy 2020 DRAFT FOR DISCUSSION Page 12 of 16 

5.4.6.3 Provide assistance for these programs through Skill Development Mission at National and State Level. 

5.4.6.4 Design programs for continuous capacity building amongst government officials and personnel on Data Centre and cloud technologies, data classification, storage policies, data security and other allied technologies.