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This blog does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create any business relationship. This blog is the personal weblog of the Authors; not edited by the Author’s employers or clients and, as such, no part of this weblog may be so attributed. This blog will always strive to be unbiased in its reporting. Though posts on this blog are thoroughly scrutinized before posting but should be double-checked for their accuracy and current applicability. The brands and products mentioned herein are not owned by, or related to, the author and are discussed here for the purpose of reference and / or general information only.

Patent Search & Technology Research: Mobile Applications Medical and Healthcare Sector, mHealth Applications: Current Patent Scenario

Article Source: http://wp.me/p2PCVq-Np

Mobile Applications Medical and Healthcare Sector, mHealth Applications: Current Patent Scenario

Mobile health technology patents

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Breast Cancer Patents Research – Myriad Genetics in US | Trastuzumab in India | Angelina Jolie’s Mastectomy

Article Source: http://wp.me/p2PCVq-MD

Breast Cancer – Patents

Executive Summary

Introduction

Breast cancer is a malignancy that effects women across the world and is most prevalent among various types of cancers. Patents are jurisdiction specific exclusive rights that are sought by innovators across various technological fields.

breast-cancer-ribbon

However, patent rights become questionable and debatable when these are sought in respect of pharmaceutical drugs, medical devices, surgical techniques, diagnostic tests, personalized medicines and research tools related to healthcare. Across Western jurisdictions, patents have been sought for artificial plant varieties (hybrid plants, genetically modified plants etc.), animal species created with human intervention (Harvard Oncomouse, Dolly the Sheep etc.), and methods of human treatment. Due to the presence of numerous patents in the field of healthcare, it imminently results in the requirement of large number of licenses to access patented technology, which subsequently leads to increased cost of treatment because of accumulation of royalties (royalty stacking) to be paid to the patent holders. Therefore, in developing countries like India, it becomes highly controversial as to whether to grant such patents to protect Intellectual Property Rights (IPR) or to focus on affordable healthcare by rejecting such patents.

Read publication here:

Strategy, Scope and Focus

With a view to discuss implications of patents specifically related to breast cancer, we have researched and analyzed the breast cancer patent landscape in India and US, in light of latest legal developments, with special focus on Trastuzumab (a medicine which treats a form of breast cancer) and US Supreme Court judgement to overturn Myriad Genetics’ patents on the “breast cancer genes – BRCA1 and BRCA2”.

Breast Cancer and Patents

Basics of Patent Rights

As it is well known that patent protection is granted for a limited period of 20 years, wherein the patent holder holds exclusive rights for exploitation of the patented invention. Generally, patents are aimed at encouraging innovations by providing incentives to the patent holders by offering them recognition for their creativity.

Biotechnology Patents

In the field of biotechnology and healthcare, the cost of reparation is crucial, as the research in these fields is highly expensive. The financial investments can only be paid off if the companies can protect results by exclusive rights (patents) and gain the competitive advantage.

Gene Therapy Patents

Historically, there has been a close relation between gene therapy, patents and scientific advancements. Large pharmaceutical companies have invested huge amount of capital in patenting genes, either on their own or by acquiring small biotech companies. For example, Swiss pharmaceutical company Sandoz (subsidiary of Novartis) acquired Genetic Therapy Inc. of Gaithersburg, Md. In 1995, for about $295 million. At that point of time, Genetic Therapy held exclusive license to a patent received by the National Institutes of Health for ex vivo gene therapy (somatic gene therapy), which involves taking cells out of the body, treating them with altered genes and replacing them in the body, with a view to compensate for deficient or defective genes. However, Novartis shut down Genetic Therapy after approximately 8 months because expected results could not be achieved, thereby bringing out the risks involved in such investments.

Patents for Breast Cancer Genes

Although disease-associated genes involve meticulous research and development, patents granted for protecting such innovations are at epicenter of various debates as they may hamper future R & D activities, in addition to leading to cumbersome costs of treatments. These concerns are presently being debated across various jurisdictions with regards to breast cancer genes (BRCA 1 and BRCA 2). In past, patents for these genes have been granted by EPO and USPTO.

brca-genes

Myriad Genetics

Myriad Genetics, Inc. is a molecular diagnostic company based in Salt Lake City, Utah, and holds hundreds of patents worldwide on BRCA 1 and BRCA 2, including the genes and diagnostic methods based on them. Many parties fear that due to such exclusive rights, the research may become impossible to carry out in public laboratories, or will become highly expensive. 

Myriad Genetics Breast Cancer Patents

Number of PCT Patents filed by Myriad Genetics (Singly & Jointly) in each IPC

Commercially, Myriad Genetics has become a forerunner in the healthcare industry for diagnostic testing of BRCA1 and BRCA2 gene mutations, which are closely related to breast and ovarian cancer. In recent past, such diagnostic tests created controversy and were heavily debated when Angelina Jolie announced she had been tested positive for the mutations, whereby she voluntarily had a preventative double mastectomy.

Association for Molecular Pathology, et al. v. Myriad Genetics, Inc.

In light of Myriad’s wide patent portfolio covering the BRCA1 and BRCA2 genes and corresponding diagnostic methods, Myriad’s patents were challenged in court, in the interest of the public’s right to affordable access to medicines. 

On 13 June 2013, the United States Supreme Court, in a unanimous decision, held that the mere separation or isolation of naturally occurring genomic DNA is not sufficient human intervention to give rise to a patentable invention. As stated by the Court, it was held that: “Myriad did not create or alter either the genetic information encoded in the BRCA1 and BRCA2 genes or the genetic structure of the DNA. It found an important and useful gene, but ground-breaking, innovative, or even brilliant discovery does not by itself satisfy the §101 inquiry.

However, surprisingly, the Court further stated that Complimentary DNA (cDNA), which is a synthetically created form of DNA corresponding to a gene sequence, is indeed patentable under §101. Generally, cDNA contains the same protein-coding information as found in a segment of natural DNA, excluding the DNA segment that do not code for proteins, i.e. introns. Accordingly, cDNA only contains nucleotides that are known as “exons”. In this regard, the Court stated: “Its order of the exons may be dictated by nature, but the lab technician unquestionably creates something new when introns are removed from a DNA sequence to make cDNA.

With a view to obtain clarity and understand this judgement from the perspective of future patent applicants, it is advisable to analyze the patent claims at issue, such as claims 1, 2, and 5 of U.S. Patent No. 5,747,282 (“the ‘282 patent”), identified as representative of the claims at issue in Myriad case.

As may be seen, Claim 1 of the ‘282 patent claims “an isolated DNA coding for a BRCA1 polypeptide, said polypeptide having the amino acid sequence set forth in SEQ ID NO:2.”

This claim is clearly invalid as it pertains to a naturally occurring DNA sequence, and the Court has explained that “Myriad’s claims are not saved by the fact that isolating DNA from the human genome severs the chemical bonds that bind gene molecules together.

However, Claim 2 of the ‘282 patent is a dependent claim that claims “the isolated DNA of claim 1, wherein said DNA has the nucleotide sequence set forth in SEQ ID NO:1.

Since the Court has noted that SEQ ID NO:1 is an isolated full-length cDNA sequence, which, according to Myriad, is non-naturally occurring and therefore patentable. Therefore, Claim 2 seems to be a valid claim.

Additionally, Claim 5 of the ‘282 patent is a dependent claim that claims “an isolated DNA having at least 15 nucleotides of the DNA of claim 1.” This claim also invalid in view of the Court’s observations.

In spite of above clarifications, the Court did not specifically state anything with respect to “the patentability of DNA in which the order of the naturally occurring nucleotides has been altered.

Accordingly, future patent applications are advised to present the subject matter to be claimed as “synthetic,” such as in a recombinant form, which may include describing the chemical composition of the molecule to differentiate it from its natural counterpart.

The decision created a stir of controversy, wherein certain commentators termed the judgement as a victory, while others called it catastrophic, thereby further resulting in complicating the debate surrounding “gene patents.”

No matter whose side of the debate says what, the impact of this judgement will be seen globally, and it will take years before a resolution is achieved.

Breast Cancer related Patents: Indian Scenario

Recently, the Indian Health Ministry has asked for a cancellation of patent to Trastuzumab – a medicine which treats a form of breast cancer. Specifically, the health ministry had suggested that the government use powers under section 66 of the Indian Patents Act to revoke the patent in public interest. In accordance with provisions of the Indian Patents Act, Section 66 states that:

Revocation of patent in public interest: “Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.”

This provision is rarely used by the government, and previously, the government has used the provision to revoke patents only twice. In 1994, it cancelled a patent given to a US firm for developing cotton cells by tissue culture while in 2012, it used this to revoke patent for a medicine made of jamun, lavangpatti and chandan meant to treat diabetes.

In recent past, the health ministry had asked for the use of compulsory license provisions for Trastuzumab, along with Ixabepilone and Dasatinib, which are also anti-cancer medicines.

The Indian government is already at the receiving end of criticism from developed countries, including US, for awarding compulsory license for a renal cancer medicine, which is patented by Bayer, with a view to bring down the treatment cost. Read details here.

Earlier this year, in a landmark ruling involving Novartis’s anti-cancer drug Glivec, the Supreme Court rejected the patent application, thereby upholding the validity of the provisions to check frivolous patents. More details here

Breast Cancer Patents – A Landscape

Trastuzumab is a monoclonal antibody that interferes with the HER2/neu receptor and is a commonly used trade names of Herclon and Herceptin. The development of trastuzumab has led to new therapeutic strategies for patients with breast cancer. Trastuzumab has been shown to be effective in those patients whose cancers are HER2 positive by either immunohistochemistry (IHC) or fluorescence in situ hybridization (FISH).

Generally, the HER receptors are proteins that are embedded in the cell membrane and communicate molecular signals from outside the cell (molecules called EGFs) to inside the cell, and turn genes on and off. The HER proteins stimulate cell proliferation. In some cancers, notably certain types of breast cancer, HER2 is over-expressed, and causes cancer cells to reproduce uncontrollably.

Relevant International Patent Classifications [IPC]

1. A61K

Preparations For Medical, Dental, Or T oilet Purposes (devices or methods specially adapted for bringing pharmaceutical products into particular physical or administering forms A61J 3/00; chemical aspects of, or use of materials for deodorisation of air, for disinfection or sterilisation, or for bandages, dressings, absorbent pads or surgical articles A61L; soap compositions C11D).

2. A61P

Specific Therapeutic Activity of Chemical Compounds or Medicinal Preparations.

3. Co7K

Peptides (peptides containing β-lactam rings C07D; cyclic dipeptides not having in their molecule any other peptide link than those which form their ring, e.g. piperazine-2,5-diones, C07D; ergot alkaloids of the cyclic peptide type C07D 519/02; single cell proteins, enzymes C12N; genetic engineering processes for obtaining peptides C12N 15/00)

4. C12N

Micro-Organisms Or Compositions Thereof (biocides, pest repellants or attractants, or plant growth regulators containing micro- organisms, viruses, microbial fungi, enzymes, fermentates, or substances produced by, or extracted from, micro- organisms or animal material A01N 63/00; medicinal preparations A61K; fertilisers C05F); Propagating, Preserving, Or Maintaining Micro-Organisms; Mutation Or Genetic Engineering; Culture Media (microbiological testing media C12Q 1/00)

5. C07D

Heterocyclic Compounds

6. G01D

Measuring Not Specially Adapted For A Specific Variable; Arrangements For Measuring Two Or More Variables Not Covered By A Single Other Subclass; Tariff Metering Apparatus; Measuring Or Testing Not Otherwise Provided For.

7. C12Q

Measuring Or T esting
Involving Enzymes Or Micro-Organisms (immunoassay G01N 33/53); Compositions Or T est Papers Therefor; Processes Of Preparing Such Compositions; Condition- Responsive Control In Microbiological Or Enzymological Processes

8. C07H

Sugars; Derivatives Thereof; Nucleosides; Nucleotides; Nucleic Acids (derivatives of aldonic or saccharic acids C07C, C07D; aldonic acids, saccharic acids C07C 59/105, C07C 59/285; cyanohydrins C07C 255/16; glycals C07D; compounds of unknown constitution C07G; polysaccharides, derivatives thereof C08B; DNA or RNA concerning genetic engineering, vectors, e.g. plasmids, or their isolation, preparation or purification C12N 15/00; sugar industry C13)

9. C12P

Fermentation Or Enzyme-Using Processes T o Synthesise A Desired Chemical Compound Or Composition Or T o Separate Optical Isomers From A Racemic Mixture (fermentation processes to form a food composition A21, A23; compounds in general, see the relevant compound class, e.g. C01, C07; brewing of beer C12C; producing vinegar C12J; processes for producing enzymes C12N 9/00; DNA or RNA concerning genetic engineering, vectors, e.g. plasmids, or their isolation, preparation or purification C12N 15/00)

10. A01N

Preservation Of Bodies Of Humans Or Animals Or Plants Or Parts Thereof (preservation of food or foodstuff A23); Biocides, e.g. As Disinfectants, As Pesticides Or As Herbicides (preparations for medical, dental or toilet purposes which kill or prevent the growth or proliferation of unwanted organisms A61K); Pest Repellants Or Attractants; Plant Growth Regulators (mixtures of pesticides with fertilisers C05G).

Breast Cancer Patent Landscape - PCT - WIPO - IPC

Number of Patents filed before WIPO in each IPC

Breast Cancer Patents Landscape - Gene Therapy - USPTO

Number of US Patents by Major Players

Gene Therapy Biotech Patents India

Number of Indian Patents related to Trastuzumab

Visit our Tech Patents Blog homepage: http://www.techpatentstrategy.com

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Contributors: Prity Khastgir and Rahul Dev 

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Genetically Engineered Crop Patents – Economic Times Publication – “Monsanto’s Climate Resilient Crop Patent Rejection by IPAB” #biotech #genes

Original Source of Article: http://wp.me/p2PCVq-LX

Recently, our views were published in The Economic Times regarding Monsanto’s patent rejection order passed by Intellectual Property Appellate Board (IPAB).

A copy of order may be seen here: Intellectual Property Appellate Board, Chennai – Orders – Monsanto 

A copy of Monsanto’s International Patent publication titled “Methods for enhancing stress tolerance in plants and methods thereof” [WO 2005033318 A2] may be seen here: http://www.google.com/patents/WO2005033318

Economic_Times_Patent_Rahul_Dev

Background

Monsanto filed patent application No.2407/DEL/NP/2006 on 01/05/2006. The patent office examined the claimed subject matter and raised objections on various grounds specified under Section 3 of the patents act. Monsanto responded to objections and presented its case during personal hearings but patent office rejected the patent. Monsanto then filed appeal before IPAB, which again did not went in its favor.

Subject Matter of Patent Application

This invention relates to method of increasing the biotic and abiotic stress tolerance of plants, which is useful for farmers as it limit their losses. The method disclosed in the patent achieves the objective by expressing a cold shock protein(s) within the cells of said plant, or in simple terms, by modifying the cellular structure of plants.

The invention is applicable to diverse range of seeds, including soybean, com, canola, rice, cotton, barley, oats, turf grasses, cotton, and wheat.

Proceedings at Patent Office

The patent office raised various objections, including objecting that claimed subject matters did not constitute an invention, lacked in inventive step, non-patentable subject matter and other procedural objections. The patent office was not fully satisfied and finally rejected the matter due to lack of inventive step, claims falling within the scope of Section 3(d) of The Patents Act, and subject matter not patentable under Section 3(j) as claims also include essential biological process of regeneration and selection, which includes growing of plant in specific stress condition.

Proceedings at IPAB

Although Monsanto amended the claims with a view to comply with the patent office’s objections, the IPAB rejected Monsanto’s arguments and ruled that patent office was right in rejecting the patent application. However, IPAB decided that in light of amended claims filed by Monsanto, patent office erred in finding the invention not patentable under Section 3(j).

To conclude, IPAB stated that the claimed method is considered as a series of generic steps modified by the plant cell, and what is unquestionably new in this case is the discovery of some additional effects due to expression of known cold shock protein in plants, but, by itself such discovery is merely a discovery of new property of known substance and not an invention. IPAB was not entirely convinced that the discovery of cold shock protein claimed was a step forward and it does not involve a simple leap from prior art to the invention but rather entails a journey with many generic method steps, and consequently found it not patentable in view of obviousness and new use of known substance.

Impact

This patent was very crucial for Monsanto commercially, as although presently Monsanto sells only one variety of seeds (hybrid maize seeds) in India, but if this patent would have been awarded, Monsanto could have enjoyed exclusive patent rights for all the seeds sold in India that used this technology. Under present circumstances, unless this decision is challenged and subsequently overturned, this technology is open for all competitors within the jurisdictional limits of India.

Internationally, the same patent is granted in US, South Africa & Australia, while its still pending in Europe.

It should be noted that since subject genetically modified crops is presently being debated at various levels in India, including BRAI (Biotechnology Regulatory Authority of India) Bill and a suit pending before the Supreme Court, this patent rejection will act as a precedent for all such future matters, according to which, both the patent office and IPAB have applied detailed scrutiny on reasonable grounds to decide this matter. Therefore, companies like Monsanto will now have to plan their business strategies accordingly, as after crossing all the hurdles, even if such GM crops are allowed to be sold in market in future, they might not be able to enjoy exclusive patent rights which will definitely lead to more competition and low pricing of such seeds.

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Singapore’s Personal Data Protection Act (PDPA) 2012 & Cloud Control | Mobile Applications & Mobile App Development in Singapore

Source: http://bit.ly/Ypigo6

A software program that can be downloaded and accessed directly using a phone or amobiledevice, like a tablet, is generally known as Mobile Application (orMobile App). From the perspective of mobile app developers, mobile applications form an important part of the booming mobile segment, which has gained tremendous momentum due to ever increasing sophistication of mobile devices and improving capabilities of wireless networks.

The first and foremost requirement before developing a mobile app is to have a viable concept in place, which may be a total game changer with unique and novel characteristics, or an enhancement / improvement over existing apps that adds more features and makes them more user friendly. Accordingly, while finalizing the concept, a lot of research is required to analyse existing apps to ensure the novelty and utility of the proposed app.

Another factor that is required to be considered before developing an app ismobile app monetization, i.e. whether the app will be a free app, a paid app, or a combination of both (freemium app). Generally, a freemium app provides a product or service, such as software, media, games or web services, free of charge, but a premium is charged for advanced features, functionality, or virtual goods. To read more about freemium model, you can refer to thisTechCrunch’s post.

Deciding the right platform to launch the mobile app is very crucial. The major platforms include Apple, Android, Windows Mobile and Blackberry. Each of these comes as a package with its own advantages and limitations that may be understood in detail by analysing the respective Software Development Kits (SDKs).

After developing a mobile app based on above-mentioned parameters and other related considerations, issues related to data privacy and cloud control may arise and it is always advisable to resolve those at the earliest. Generally, such issues involve understanding of legal and regulatory policies, which vary for each jurisdiction. Hiring alegal consultant with adequate knowledge of cyber lawsis always advisable.

In Asia,Singaporeis the best place to study future ofmobilemarketing and commerce, which significantly define monetization of mobile apps. According to aSingapore Mobile App study, Singapore M commerce is expected to be worth S$3Billion by 2015. Currently half of all online shoppers are mobile shoppers, according to a Forrester survey and that is growing exponentially. Almost a millionSingaporeansmade a purchase through a mobile device in 2011 according to the survey and that number has grown dramatically in 2012. Interestingly Singaporeans spent a third more from their tablets than they do on their mobile and they spend on more luxurious items on their tablets such astechnologyand cars.

Usage of most of themobile appsinvolve mining of information, including personal data of users as many apps are designed to retrieve information stored onmobiledevices, which may include location based data, photos, contact information, and the like. Such information is then sent to remote servers located at a different location, which is generally referred to as ‘cloud computing’, with a view to provide multiple services to the users, such as, mobile commerce, storage, gaming, social media, and the like.

From legal perspective, it becomes very important for the companies andapp developersto consider the type of information that is being procured, stored, and managed by various mobile apps as well as how such information is handled by the application programming interface (API). Accordingly, mobile apps certainly fall under the purview of data privacy laws. One such law has been introduced inSingapore, known as Singapore’s Personal Data Protection Act 2012 (“PDPA”).

The Personal Data Protection Act 2012 of Singapore is aimed at protecting individual’s personal data against misuse. It provides provisions for a national Do-Not-Call registry and a new enforcement agency will be tasked to regulate the management of personal data by businesses and impose financial penalties.

Generally, personal data is defined as data that relates to an individual, whether the data is stored in electronic or non-electronic form. The Personal Data Protection Act 2012 of Singapore is further aimed at providing individuals more control over their personal data, as they have to give consent and be informed of the purposes for which organizations collect, use, or disclose the information. In addition, the individuals may also seek compensation for damages directly suffered from a breach of the data protection rules through private rights of action.

With a view to tackle the issue of unsolicited telemarketing calls and messages, a National Do-Not-Call (DNC) Registry will be created by early 2014 inSingapore. The registry prohibits organizations in Singapore from sending specified messages to any Singapore telephone number registered with the DNC, unless the owner of the telephone number has given consent to be contacted for marketing purposes. Additionally, a Personal Data Protection Commission (PDPC) will also be set up to serve as the country’s main authority on matters relating to personal data protection and enforce data protection rules. If an organization is non-compliant, the PDPC may impose a maximum financial penalty of S$1 million (US$818,150). The full copy ofThe Personal Data Protection Act 2012 of Singapore may be accessed here.

The act comes into effect in 2013, with an 18 month sunrise period for organisations to comply with data protection requirements. Mobile app developers and owners should now consider implication of data protection laws at the early stages of development, so that there are no legal hassles at the time of scaling up and monetizing apps, seeking funding and launching global operations.

As the Personal Data Protection Act 2012 of Singapore governs the collection, use and disclosure of “personal data” by organisations, it should be ensured that what exactly includes personal data as most mobile apps collect information from users, but not all the mobile apps collect personal data. As per Section 2 PDPA, “Personal data” means “data, whether true or not, about an individual who can be identified – (a) from that data; or (b) from that data and other information to which the organisation has or is likely to have access”. In case of apps utilizing crowd-sourced data, including location-based data and user-generated content, some of the information may constitute personal data.

Moreover, as per PDPA, consent is required before the collection, use or disclosure of personal data. However, there are exceptions where no consent is required. For example, one exception is that no consent is required for the collection, use and disclosure of personal data which is publicly available. Such publicly available information may include data available over various public websites, blogs and social networks.

Jurisdiction wise, the provisions of PDPA may be applicable to mobile app development companies operating outside of Singapore, as the PDPA applies to private sector organisations whether or not formed, resident or having an office or place of business in Singapore. It also applies to individuals who are using the data other than for domestic or personal use. Accordingly, the PDPA would be applicable to mobile app developers and owners who offer their apps to the Singapore market through the Singapore Apple App store, the Google Play store, the Blackberry World, or the Microsoft’s Windows App store.

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Touch Patent Analysis | Panasonic Lets You Edit Photos on TV with Touch Pen #2013CES | Panasonic’s TOUCH SCREEN DEVICE P atent

Source: http://techcorpgroup.com/Singapore/panasonic-lets-you-edit-photos-on-tv-with-touch-pen-2013ces-panasonics-touch-screen-device-patent/

Panasonic Lets You Edit Photos on TV with Touch Pen #2013CES | Panasonic’s TOUCH SCREEN DEVICE Patent

As published byMashable, at 2013CES, Panasonic showed off a new vision of the second screen, introducing new ways your phone or tablet can interact with what you’re watching on TV. In short, Panasonic revealed a new accessory called the Touch Pen that lets you edit photos right on the screen, and then immediately push them to a mobile device.

In the case of photos, the users can actually edit them and by using a Touch Pen, users can write notes or draw pictures on the screen with the Pen, assisted by a pull-down menu that appears when the pen touches the TV. Those edited pictures can then be pulled back down to any mobile device.

In addition Swipe and Share 2.0, Panasonic is enhancing its second-screen experience through partnerships with HSN, which has developed a app called Shop by Remote, which lets users get detailed product information and read customer reviews of whatever they’re checking out on the channel.

Panasonic’s TOUCH SCREEN DEVICE Patent

Titled “TOUCH SCREEN DEVICE”, United States Patent Application 20120293453Panasonic’s patent was filed on 05/03/2012 and was published on 11/22/2012, and it relates to a touch screen device that determines whether a pointing device for a touch operation is a pen or a finger.

It may be noted that this patent may not be exactly related to the latest technology revealed by Panasonic, but still acts as a reference to study the patent filing trends.

As may be seen therein, the touch screen device 1 includes a panel body 5, which is provided with a touch surface 2, on which a touch operation by a pen P or a finger F is performed, and in which a plurality of transmitting electrodes 3 extending in parallel to one another and a plurality of receiving electrodes 4 extending in parallel to one another are arranged in a grid pattern; a transmitter 6 that applies a drive signal to the transmitting electrodes 3; a receiver 7 that receives a response signal of the receiving electrodes 4 in response to the drive signal applied to the transmitting electrodes 3, and outputs detection data of each electrode intersection, at which the transmitting electrode 3 intersects with the receiving electrode 4; and a controller 8 that detects a touch position based on the detection data output from the receiver 7, and controls operations of the transmitter 6 and the receiver 7.

Additionally, the touch screen device 1, combined with a large screen device, is used as an interactive white board, which can be used in a presentation or a lecture. In particular, in this embodiment, the touch screen device 1 is used in combination with a projector device 10, and a touch surface 2 of the touch body 5 is used as a screen that displays a projection image of the projector device 10.

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Starting a New Business in Singapore | Singapore Business Guide

Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

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LG’s 55-inch OLED HD TV at CES 2013, Las Vegas #2013CES | Analysis of OLED Patents owned by LG

Article Source: http://techcorpgroup.com/Singapore/lgs-55-inch-oled-hd-tv-at-ces-2013-las-vegas-2013ces-analysis-of-oled-patents-owned-by-lg/

LG’s 55-inch OLED HD TV at CES 2013, Las Vegas #2013CES | Analysis of OLED Patents owned by LG

LG has recently announced at CES in Las Vegas that it would launch the long-awaited OLED TV into the U.S. market this March, for a suggested retail price of $12,000.

In addition to OLED, LG also announced it will expand its line of Ultra HD TV sets with two more sizes: 65-inch and 55-inch sets. They join an 84-inch, $20,000 model that launched in 2012. However, LG didn’t announce pricing or availability of the new Ultra HD models, which display images with four times more detail than the standard high-definition TVs.

Generally, an OLED TV screen’s design is based on a new display technology called OLED (Organic Light Emitting Diodes). OLED televisions provide multiple advantages, such as, for example, more brightness, more efficiency, thinner screens, better refresh rates and contrast as compared to either LCD or Plasma.

The manufacturing process of OLEDs includes placing thin films of organic (carbon based) materials between two conductors. Accordingly, when electrical current is applied, a bright light is emitted. Subsequently, the OLED materials emit light and do not require a backlight (unlike LCDs). As a matter of fact, each pixel is a small light-emitting diode.

In addition to the above, OLED TV panels offers several advantages over LCDs, such as, faster refresh rate, better contrast and better color reproduction. In terms of thickness, LG’s EL9500 is just 1.7mm thick. It also provides much better viewing angle of almost 180 degrees. In terms of power consumption, moving towards greener segment, OLEDs draw less power, and also do not contain any bad metals. Another advantage is that OLED panels can potentially be made flexible and/or transparent.

Patent Trends

Although it is a well known fact that Samsung and LG make Korea one of the top 5 countries that file for patent applications, a quick search at USPTO revealed that there exists almost 50 patents (both granted and pending) assigned to LG having OLED mentioned in the abstract. This may not provide an accurate analysis but still act as a reference to study the patent filing trends.

Among these granted patents and published patent applications, a few has been randomly selected and briefly analysed below.

United States Patent 8330675 – Organic light emitting display

Filed on 07/21/2009, this patent relates to an organic light emitting diode (OLED) display that includes a panel, a driving unit, and a sense unit. The panel includes subpixels, disposed on a first substrate, and electrode patterns disposed on one side of a second substrate. The first substrate and the second substrate are attached to each other, and the electrode patterns are disposed on a side of the second substrate that is facing the first substrate.

As seen therein, FIG. 4 illustrates an exemplary view of an electrode patterns having a two-dimensional dual-layer structure, and the electrode patterns may have a structure in which the electrode patterns are divided into Y-axis electrode patterns Y0, Y1, Y2, and Y3 and X-axis electrode patterns X0, X1, X2, and X3 both of which are disposed in different layers. For example, as seen above, FIG. 4 is a diagram showing that the Y-axis electrode patterns Y0, Y1, Y2, and Y3 and the X-axis electrode patterns X0, X1, X2, and X3 are arranged in a diamond form. As per the disclosure, in this structure, when a user touches a point A0, the sense unit TSC can detect a change in the capacitance, caused by the area of Y0 and the area of X0, through the electrode patterns located in the touched area.

Accordingly, the sense unit TSC can detect capacitance, changed according to the touch points A0, A1, A2, and A3 by a user, through the electrode patterns. Here, the above-described electrode patterns may have a different structure according to their positions. Accordingly, the sense unit TSC may convert data, input in the form of an analog signal, into a digital signal in order to use the change in the capacitance acquired from the electrode patterns.

Also, FIG. 5 is a diagram showing the structure of a panel that comprises subpixels, disposed on one side of a first substrate 100a, and lower electrode patterns 161 disposed on one side of a second substrate 100b (i.e., a side facing the subpixels). The first substrate 100a and the second substrate 100b are coalesced together and sealed by an adhesive member 180. Meanwhile, the lower electrode patterns 161 are coupled to the sense unit as described above. Further, the lower electrode patterns 161 may be divided in plural numbers in respective lines corresponding to the subpixels, but not limited thereto. Here, the panel may comprise a protection layer 190 disposed on the other side of the second substrate 100b. The protection layer 190 may be made of a polarizing film, but not limited thereto. In the case where the lower electrode patterns 161 are disposed on one side of the second substrate 100b as described above, a buffer layer 155 made of organic material or an insulating film may be formed on an upper electrode 150 in order to prevent short between the lower electrode patterns 161 and the upper electrode 150. In this case, the buffer layer 155 may be omitted.

This patent further discloses that the OLED device according to the embodiments of the invention may have a function of the touch screen panel using the electrode patterns on the panel. Furthermore, in the OLED device according to the embodiments of the invention, because the electrode patterns driven in a capacitance manner and the panel form an integral body, a function of the touch screen panel capable of performing the multi-touch operation may be provided so as to reduce the manufacturing cost.

United States Patent 7932916 – Organic light emitting diode device capable of decreasing data procesing capacity and timing controller suitable for the same

Filed on 05/03/2005, this patent relates to an organic light emitting diode (OLED) device, and a method for driving the same, in which image data is processed by Frame Rate Control (FRC) and dithering, so that it is possible to decrease data processing capacity, area of drive IC, and power consumption.

As shown therein, FIG. illustrates the OLED device according to the present invention including an OLED (or OELD) panel 200, a gate drive unit 203, a data drive unit 205, and a timing controller 210, all operatively coupled. At this time, the gate drive unit 203 and the data drive unit 205 respectively apply driving signals to gate and data lines formed on the OLED panel 200. Also, the timing controller 210 controls the gate drive unit 203 and the data drive unit 205.

Also, the timing controller 210 receives RGB image data of n-bit, and synchronized signals HSYNC and VSYNC and clock signals DE and MCLK for displaying the corresponding RGB image data from a graphic source, e.g., from an external system. Then, the timing controller 210 performs gamma correction, color compensation, FRC (Frame Rate Control), and dithering, and outputs the compensated RGB data of n′-bit (n′=n or n′=n+1) to the data drive unit 205.

In the OLED device and the method for driving the same according to this patent, the FRC and dithering process is performed for the gamma correction, whereby the data processing capacity and the area of the drive IC decrease, thereby decreasing the power consumption.

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Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

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iPhone Mobile App Analysis: iPhone 5’s and iOS 6’s Passbook App | Overview of Passbook Patent | Apple’s iWallet | Mobile Payment Patent Trends

Article Source: http://techcorpgroup.com/Singapore/iphone-5s-and-ios-6s-passbook-app-overview-of-passbook-patent-apples-iwallet-mobile-payment-patent-trends/

iPhone 5’s and iOS 6’s Passbook App | Overview of Passbook Patent | Apple’s iWallet | Mobile Payment Patent Trends

When Apple announced iOS 6 and iPhone 5 in 2012, among all the features revealed, the Passbook app is one of the most relevant features for potential marketing. In simpler terms, it’s a digital wallet meant to compete directly withGoogle Wallet, which is Google’s smart, virtual wallet for in-store and online shopping.

For example, it may be possible for merchants to code Passbook offers and deliver them via email, Web or within their brand apps. Subsequently, such Passbook items (coupons, discounts, etc.) can be associated with up to 10 locations via latitude and longitude coordinates, which can provide Passbook with the ability to offer reminders on a user’s home screen, similar to push notifications, that an item in his or her Passbook is available for redemption (e.g., coupon) when the user’s location is in the vicinity of those designated coordinates.

For marketers, specifically consumer firms and deals companies, the Passbook app may boost the adoption and importance of real-time, geo-contextual mobile marketing. Additionally, with the increase in length of the iPhone 5 screen, which is 176 pixels taller than the iPhone’s previous versions, marketers have now got an extra real estate for mobile display ads and landing pages, as it will reduce mis-clicks and increase interaction with an ad.

Apple’s Passbook patent (US 20120323664) disclosessystems, methods, and non-transitory computer-readable storage media for managing and redeeming electronic coupons on a mobile device. As per the disclosure, the invention may also cause a mobile device to generate an alert when it is at or in the vicinity of a location such as a retail store where an electronic coupon held by the mobile device may be redeemed. An alert may also be caused when the mobile device is used in a sales transaction at the location. The electronic coupons may be redeemed in a number of ways including scanning an image displayed on the mobile device, communicating with a wireless network, or through an integrated near field payment system offered by the location.

As may be seen therein, Apple’s patent FIG. 4 illustrates an exemplary embodiment of a paper coupon being entered into the user’s coupon wallet, FIG. 5 illustrates an exemplary coupon wallet graphical interface, while FIG. 6 illustrates an exemplary coupon reminder on a mobile device, and FIG. 7 illustrates an exemplary coupon stored in the user’s coupon wallet.

Earlier also, on 08/07/2012, Apple was granted apatent (United States Patent 8239276) for an iWallet related technology, which termed the application as “Shopping”. As per the contents of the patent, various shopping related transactions may be performed on an iPhone or any similar device. Some embodiments may be employed to identify a product and obtain pricing information relevant to retailers of the product within a specified geographical location. In another embodiment, an iPhone may be used to acquire pricing information for a shopping list of products.

This patent related to Apple’s "Shopping" app discloses that it may be advantageous to provide a system and method that allows consumers to quickly and easily obtain highly relevant shopping data, while also allowing retailers and manufacturers to send targeted advertising or other relevant product data to interested consumers. More specifically, it may be advantageous to provide a system and method of using an iPhone to distribute and receive shopping-related information.

As per the disclosure, various embodiments may also include a variety of features that make the shopping experience quick and efficient while allowing the consumer to hunt for a better bargain. Furthermore, several embodiments also allow the product manufacturers and/or retailers to distribute relevant product information to targeted consumers who are known to be, or who may be, interested in buying a particular product.

Mobile Apps and Patent Strategy

In light of the above examples of Apple’s patents and other similar patents filed by Apple and its competitors, it can be rightly said that patents are always a good strategic element for a mobile and web-based business, and the patent applications should always be planned and structured to best control the patents in the technology portfolio. Accordingly, devising a patent application strategy is always beneficial for startups and small businesses.

Generally, invention monetization strategies include licensing or sale of the technology, wherein the inventor conceptualizes the idea and may develop a prototype, and further protects the idea by way of one or more patents covering the various elements of the invention. Thereafter, the inventor can license or sell the patents to a company, which commercializes the invention.

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Doing Business in India | India Business Entity Types | India Business Guide

Article Source: http://techcorplegal.com/Blog_Technology_Law_Business_Research/2013/01/03/doing-business-in-india-india-business-entity-types-india-business-guide/

Doing Business in India | India Business Entity Types | India Business Guide

India at present is one of the fastest growing economies in the world. Globalization and liberalization have been facilitating the growth of India. Following is a tour of different business entities in India, their overview, advantages and disadvantages as well.

 

The business entities allowed by Indian Law are –

1. Proprietorship

2. Private Limited company

3. Public Limited Company

4. Limited Liability Partnership

5. Partnership firm

In addition to these entities, there are types of entities available for foreign investors having business in India –

1. Representative Office

2. Project Office

3. Branch Office

4. Joint Venture Company

5. Wholly Owned Subsidiary Company

PROPRIETORSHIP

In India, proprietorship is the most ancient form of business entity. Though it is the easiest form to set up but it is not suitable for each business type. Proprietorship does not need a formal registration but trade related licenses are necessary to obtain. This business entity returns with a limited growth by involving small risk, small growth and small capital. In comparison with other entities, this business provides less hardship on the owner and he is solely responsible of the authority. There are no laws differences between the business and its owner, both go hand in hand. This business is preferred among small traders like tailors, artists or even freelancers.

The major disadvantage of proprietorship is it has a limited growth, so it is less attractive to the investors or to the creditors.

PRIVATE LIMITED COMPANY

The companies act, 1956 defines the sustenance of the Private Limited Company. A Private Limited Company needs to get itself registered with Registrar of Companies (ROC). ROCs are located all over the country in different states and provinces, ones a business started in one state can be carried out all over India. The minimum funds required to get the company registered is INR 100,000. It might get increased at the time of additional stamp duty. A minimum of two members or maximum of 50 members as its shareholders are required by a Private Limited Company. The number of directors can also vary from two to twelve.

The shareholders are themselves legally responsible for the shares subscribed by them. The shares cannot be transferred to anyone except among the members. Shareholders possess fewer liabilities in comparison with the Director/Manager. A Private Limited Company is easy to set up relatively a Public Limited Company.

PUBLIC LIMITED COMPANY

The Company’s Act, 1956 holds the balancing terms of Public Limited Company. A Public Limited Company also needs to register itself with ROC. A Public Limited Company should have a minimum of 7 shareholders and the maximum number of shareholders is not constrained, whereas a minimum of three directors and a maximum of 12 directors are mandatory. The minimum funds required to get a Public Limited Company started is INR 500,000 and as the capital scores off INR 50 million, a company secretary should be hired.

The ownership and the management of the company are completely different from each other and do not play any role in each other’s work. Director’s having the majority play a crucial role in decision making.

Following are the important conditions which are necessary for the agreement of a Public Limited Company –

1. Before the allotment of shares it should be made sure that the outline of the Company is filed with the Registrar of Companies.

2. Before starting the Company, it is mandatory to have a certification of commencement of business from Registrar of Companies.

3. The Public Limited Company should have at least three Directors.

4. The members of the Company should file the basic legal report to the Registrar of Companies.

Deemed Public Companies

Some private companies are deemed to be private under section 43 (A) of Companies Act 1956, under the following requirements –

1. The average yearly upheaval of a Deemed Public Company goes up to INR 250 million.

2. Deemed Companies make advertisements to attract the customers, and by this step, it gets gold of 25% or more of the paid up capital.

Limited Liability Partnership (LLP)

LLP is a combination of incorporated company and partnerships. All the partners have the authority to manage the business directly. The main aim of a LLP is to target on profit and for this there is no restriction to the number of partners but it is necessary for at least one partner to hold Indian citizenship. They all can execute the legal business by filing the incorporated document to the Registrar. The capital required by the LLP is very less and the accounts are settled yearly with the Registrar by every LLP.

LLP is getting popular among small business as it provides limited liability among partners. LLP is being welcomed internationally as well and that is adding the advantages to it.

Partnership Firm

Indian Partnership Act, 1932 holds the laws of the Partnership Firm. Registration of a partnership firm is not mandatory; it solely depends on the partners. But if a third party comes in between, to take a legal action, registration of the firm is required. Partnership firm is based on the agreement between partners varying from two to twenty. Partnership firm allows the individuals such as doctors, management consultants, lawyers, etc to combine their resources and expand the business entity. At time of fulfilling the dues of the firms, the assets of the firm are used but the creditors can also demand for personal property of the partners. Retirement or death of any partner leads to the disintegration of the firm. A partnership agreement when stamped and registered is called “partnership deed”. Following are the points required to fulfil a partnership deed –

1. Name of all the partners.

2. Type of business.

3. Name of the firm.

4. Name of place where business is being worked on.

5. Role played by each partner.

6. Financial status of each partner.

7. Other terms related to the nature of business.

Partnership firm is an optimum setup for small scale business which only requires minimum capital and sources to manage the business. But partnership firm also have its own disadvantages like a) no concordant authority, b) restriction on transfer of rights, c) limited life, and many more.

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Starting a New Business in Singapore|Singapore Business Guide

Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

Our Business Law Services: Company & Individual Representation, Business Litigation & Corporate Law, Business formation & Review of Business Formation Documents, Cyberlaw, New Media, & Internet/Technology, Entertainment, Sports, & Media, Contract Negotiation, Review, & Drafting, Intellectual Property (“IP”), Real Estate Transactions and Landlord/Tenant Disputes, Employment Law, Securities, Mortgage, Banking & Finance, Mergers & Acquisitions, Legal Malpractice / Ethics Violations / Company Policies / Website Terms & Conditions, Brand Identity & Positioning, Brand and Intellectual Property Licensing and Development, Compliance, Preparation of Business Plans, Business Process, Efficiency Consulting, & Outsourcing, Investment & Strategic Ventures, Project Finance & Management, Competitive Landscape Analysis, Right Time to Incorporate a Legal Entity, Finance, Funding & Venture Capital, Type of Entity: Company vs. Partnership vs. Sole Proprietorship, Right Location (Jurisdiction) to Incorporate a Company, Company Incorporation in India, Partnership, Sole Proprietorship & LLP in India, Setting up Liaison / Representative / Branch/ Project Office in India, Franchising in India, Licensing in India, Retail in India, Things to do Before Quitting a Job and Starting a Business, Selecting a Business Name, Branding & Trademarks, Shareholders & Stock Options, Tax Planning & Management, Employees, Interns, Human Resource (HR) Management & Labor Laws, Joint Ventures, Corporate Restructuring, Mergers & Acquisitions, Commercial Disputes, Litigation & Arbitration, Foreign Direct Investment & Foreign Exchange Regulations in India

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Doing Business in India | Incorporating Company in India | India Business Guide

Article Source: http://techcorplegal.com/Blog_Technology_Law_Business_Research/2013/01/02/doing-business-in-india-incorporating-company-in-india-india-business-guide/

Doing Business in India | Incorporating Company in India | India Business Guide

Although India’s economic growth is unlikely to cross 6 per cent during the current fiscal due to the global uncertainties, it is still an extremely attractive place for foreign investors due to its higher disposable incomes, rising middle class, investment friendly policies and progressive reforms.

To set up business operations in India, first step is to incorporate a company, which includes: obtaining director identification number (DIN), obtaining digital signature certificate, reserving the company name with the Registrar of Companies (ROC) on-line, paying stamp duties online, filing all incorporation forms and documents online and obtaining the certificate of incorporation. Thereafter, it is required to get the company’s seal made and obtain a Permanent Account Number (PAN). Based on the nature of business, it may further be required to obtain a tax account number for income taxes deducted at source (TDS). Subsequently, additional requirements may include registration for Value Added tax (VAT), registration with Employees’ Provident Fund Organization, registration for medical insurance (ESIC), and the like.

For incorporating a company in India, there is a series of steps required for incorporating a private or public limited company in India. These steps work according to the guidelines provided by The Company’s Act, 1956.

1. The very first step of formation for incorporating a company is to get the name of the company registered at the Registered of Companies (ROC) in the territory of the company’s registered office. The company’s name should not match any existing name. ROC at least takes a week from the date of registration of the name to assure that the name does not exist before. After the completion of this process, the company has to file a Memorandum of Association and Articles of Association with ROC itself. For a public company, the company’s name should end up with “Limited” and for a private company; the company’s name should end up with “Private Ltd”.

2. After submitting the Memorandum of Association and Articles of Association, ROC issues an incorporated certificate only after receiving a mandatory registration fees.

3. After these steps, the next main step is to get the address of the registered office. It is not mandatory for the registered office to be the same building from where all the work is being carried out.

4. Foreign companies need to fill up a FNV-5 form with the Reserve Bank of India to get the permission to start the manufacturing and trading activities in India without an Indian partner.

5. For incorporating a Public Company, a minimum of three directors and seven shareholders are required and for incorporating Private Company, a minimum of two directors and two shareholders are required.

6. After the registration and certification, each company needs to designate an Auditor. He has a very important duty to perform in the company. All the balance sheets, company’s documents and company’s meetings are scrutinized by him.

7. Every company should have an account book and written records of all the directors, shareholders and the employees. Account book takes care of all income, including profits and losses and the records register takes care of all the past and present work of the people associated with the company.

8. At last, each company should have a different logo, and a stamp of that logo which is imprinted on each written record and each written document of the company.

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Starting a New Business in Singapore|Singapore Business Guide

Tech Corp International Consultants Pte. Ltd. is a Singapore based business consultancy company focusing on at entrepreneurs who are exploring to start a new business by incorporating a company in Singapore. Through a strong network of our business associates in Singapore, we provide a diverse range of services, including, Singapore company incorporation, accounting, tax, immigration and related compliance services. We assist our clients in incorporation of local Singapore companies, Singapore subsidiaries of foreign corporations and registration of Singapore branch offices of overseas companies, statutory administration of companies, accounting and tax filing for companies and individuals, application for work passes and permanent residence for expatriates, application for business licenses, and related corporate services.

International Technology Business & Patent Law Firm in India: Patent Drafting, Patent Searching, Patent Filing in India, PCT National Phase Filings in India: http://www.techcorplegal.com/

Our Business Law Services: Company & Individual Representation, Business Litigation & Corporate Law, Business formation & Review of Business Formation Documents, Cyberlaw, New Media, & Internet/Technology, Entertainment, Sports, & Media, Contract Negotiation, Review, & Drafting, Intellectual Property ("IP"), Real Estate Transactions and Landlord/Tenant Disputes, Employment Law, Securities, Mortgage, Banking & Finance, Mergers & Acquisitions, Legal Malpractice / Ethics Violations / Company Policies / Website Terms & Conditions, Brand Identity & Positioning, Brand and Intellectual Property Licensing and Development, Compliance, Preparation of Business Plans, Business Process, Efficiency Consulting, & Outsourcing, Investment & Strategic Ventures, Project Finance & Management, Competitive Landscape Analysis, Right Time to Incorporate a Legal Entity, Finance, Funding & Venture Capital, Type of Entity: Company vs. Partnership vs. Sole Proprietorship, Right Location (Jurisdiction) to Incorporate a Company, Company Incorporation in India, Partnership, Sole Proprietorship & LLP in India, Setting up Liaison / Representative / Branch/ Project Office in India, Franchising in India, Licensing in India, Retail in India, Things to do Before Quitting a Job and Starting a Business, Selecting a Business Name, Branding & Trademarks, Shareholders & Stock Options, Tax Planning & Management, Employees, Interns, Human Resource (HR) Management & Labor Laws, Joint Ventures, Corporate Restructuring, Mergers & Acquisitions, Commercial Disputes, Litigation & Arbitration, Foreign Direct Investment & Foreign Exchange Regulations in India

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Patent Prosecution and Patent Grant Services in India: Patent Prosecution in India, Preparing Response to Office Action, Post Patent Grant Services for Licensing Inventions: Patent Licensing, Licensability Analysis Patented Technology Commercialization Services for Individuals, SMEs, Companies: Patent / Technology Commercialization, Due Diligence & SWOT Analysis, Worldwide Trademark/ TM Searching and Filing Services: Trademark Searching, Trademark Filing, Trademark Prosecution & Licensing, Trademark Due Diligence, Legal Research, Process and Support services Outsourcing: Legal Research, Contract Management, Litigation Support, Patent Litigation Support, Medical Litigation Support

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International Patent Classification (IPC) Based Patent Searching

International Patent Classification (IPC) Based Patent Searching Tips 

It’s is very important to take into account IPC patent classification into consideration while conducting focused patent search. Let’s discuss it with an example. I will discuss the field of regenerative medicine in detail. The major international patent classification (IPC) of C12N 11/16, relates to enzymes or microbial cells being immobilised on or in a biological cell.

A quick search at the WIPO patent database reveals that there are 164 WIPO Patent Applications that include C12N 11/16 as primary patent classification. the following graph illustrates major players filing patents in this field.

Generally, the IPC (International Patent Classification) search is one of the most important patent fundamental search tools available to patent attorneys /patent agents and general public at large while conducting a patent search. Moreover, the International Patent Classification retrieves relevant patent specifications in order to establish the novelty of the technology in question and to evaluate the inventive step or non-obviousness of the inventive part of the patent application. The International Patent Classification system classifies patent applications and helps patent attorneys / patent agents to search patent specifications (patent applications, specifications of granted patents, utility models, and the like).

Furthermore, the International Patent Classification serves as an instrument for arrangement of the patent applications in an orderly format and provides an easy retrieval from the patent databases, and further provides a basis for selective dissemination of information to any person searching for patent resources.

The International Patent Classification acts as a very important tool for conducting state of the art patent search for given technical art in question and provides assessment of technological development in numerous technical fields. The state-of-the-art patent search is the broadest search and aims to locate patent publications in the specific technical field of invention and provide a valuable insight into what has been patented in a specific field of invention. Particularly, the state of the art patent search report assist in developing an IP strategy for long-term market advantage.

The International Patent Classification divides the world of technology into eight sections, which as illustrated below:

SECTION A — HUMAN NECESSITIES

SECTION B — PERFORMING OPERATIONS; TRANSPORTING

SECTION C — CHEMISTRY; METALLURGY

SECTION D — TEXTILES; PAPER

SECTION E — FIXED CONSTRUCTIONS

SECTION F — MECHANICAL ENGINEERING; LIGHTING; HEATING; WEAPONS; BLASTING

SECTION G — PHYSICS

SECTION H — ELECTRICITY

The above mentioned eight sections of the International Patent Classification has over 70,000 subdivisions. Each subdivision has a symbol consisting of Arabic numerals and letters of the Latin alphabet. For e.g., as discussed above, the IPC C12N11/16 relates to “Enzymes or microbial cells being immobilised on or in a biological cell”.

IPC classification symbols are made up of a letter denoting the IPC section (e.g. C), followed by a number (two digits) denoting the IPC class (e.g. C12), then a letter denoting the IPC subclass (e.g. C12N). A number (variable, 1-3 digits) denotes the IPC main group (e.g. C12N11). This is followed by a forward slash “/” and a number (variable, 1-3 digits) denoting the IPC subgroup (e.g. C12N11/16). To elaborate more on IPC classification symbols the following example can be considered:

C: CHEMISTRY; METALLURGY

C12: BIOCHEMISTRY; BEER; SPIRITS; WINE; VINEGAR; MICROBIOLOGY; ENZYMOLOGY; MUTATION OR GENETIC ENGINEERING

C12N: MICRO-ORGANISMS OR ENZYMES; COMPOSITIONS THEREOF

C12N11: Carrier-bound or immobilised enzymes; Carrier-bound or immobilised microbial cells; Preparation thereof

C12N11/16: Enzymes or microbial cells being immobilised on or in a biological cell

C12N11/18: Multi-enzyme systems

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