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Innovations utilizing Haptic technology

haptics technology, haptic technology examples, haptic technology ppt, “Haptics”- The ability to see, hear, or become aware of something that result from any form of interaction involving touch or the sense of touch. With the aim to recreate the sense of touch via a haptic device, haptic technology has opened up a myriad of possibilities from vibrating cell phones that alert you to an incoming message or call, to smart watches, wristbands, virtual reality training simulators, implantable devices that produce feedback and even in robotic surgeries.

Haptic devices incorporate microcontrollers, drivers, actuators or motors, as well as software for multimodal experiences that improve the usability by engaging touch, sound and sight. Haptics is widely becoming a tool used in a variety of applications they can be found in virtual reality applications to give a greater sense of realism or create a 3D environment. The haptic technology has been found in smartphones and computer and video games for many years but the innovations utilizing haptic technology is now integrating haptic technology into healthcare, transportation, robotics etc.  

Some of the recent patents based on haptic technology:

1.US 9829995

Title: Eye tracking to move the cursor within view of a pilot

Assignee: Rockwell Collins, Inc. (Cedar Rapids, IA, US)

Publication Date: 28 Nov 2017

Abstract:

The present disclosure is directed to a method for managing a location of a cursor on a display. The method may include the step of receiving an input from a user. The method may also include the step of detecting a gaze of the user within the display. The method may also include the step of displaying the cursor on the display within the gaze of the user.

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2.EP3254917

Title: METHOD AND DEVICE TO CONTROL VEHICLE BEHAVIOUR

Assignee: Barelli, Giuseppe (Via Baldanzese 127/b, 50041 Calenzano (FI), IT)

Publication Date: 13 Dec 2017

Abstract:

This abstract is provided to introduce a selection of concepts in a simplified form that are further described below in the Detailed System Description section. The abstract is not intended to identify key features of the claimed subject matter. Disclosed in this paper is a vehicle performance control device conceived to autonomously determine a safe, economic and eco-sustainable driving behaviour to reduce the mechanical stress, the wear and the maintenance cost of vehicles. The invention provides a vehicle performance control device arranged between the vehicle’s Pedal Interface (PI) including the cruise control, the speed limitation and the speed control systems, or a combination of these, and the vehicle’s Electronic Control Unit (ECU). The control device autonomously and dynamically acts on the functional status of the cruise control, the speed limitation or the speed control system to modulate the vehicle’s performance. The performance is tuned depending on the current vehicle’s position, speed, acceleration, inclination and pose respect to the ground. For example, the vehicle’s max speed can be limited in specific geographic areas or during specific time intervals when the driver is supposed to drive improperly, excessively were off the vehicle, or parts of it, or stress the mechanics. The performance limitation can be turned off manually by the drivers for safety reasons, remotely by fleet’s managers or fleet’s management systems , or automatically by the system whenever the context requires the entire engine power to get the vehicle working properly. For example the engine performance will be not limited if the vehicle gets in an uphill over a certain inclination threshold to avoid stops due to torque outages. The control device embeds a communication unit able to connect to the internet, exchange data with personal computers, diagnostic tools or personal devices such as smartphones and tablets. The control device provides all the useful information for the estimation of the vehicle’s status, the driver’s behaviours and the induced mechanical stress and wear off. The communication unit is intended to exchange data for the monitoring of the vehicle’s status, its performance and for the tuning of the control unit’s strategy. The communication can be automatically scheduled by the system itself, attempted by the remote fleet’s managers or the fleet’s management systems, or performed by humans operators or the connected remote devices on requests. A human machine interface provides visual, acoustic or haptic feedbacks, or a combination of these, to the driver on the status of the control device, the estimated level of wear or mechanical stress induced on the vehicle or part of the vehicle, the drive safety, efficiency and the eco-sustainability.

3. US 9811818

Title: Wearable personal digital device for facilitating mobile device payments and personal use

Assignee: WORLD AWARD ACADEMY (Austin, TX, US),

WORLD AWARD FOUNDATION (Austin, TX, US)                 

AMOBILEPAY, INC. (Austin, TX, US)

Publication Date: 7 Nov 2017

Abstract:

Provided is a wearable personal digital device for point of healthcare saliva testing. The wearable personal digital device may comprise a processor, a display, biometric sensors, activity tracking sensors, a memory unit, a communication circuit, a housing, an input unit, a projector, a timepiece unit, a haptic touch control actuator, a band, a mounting clip, a saliva sample insert apparatus, a pinhole, a light emitting diode board, a battery, and a set of sensors. The processor may be operable to receive data from an external device, provide a notification to a user based on the data, receive a user input, and perform a command selected based on the user input. The housing may be adapted to enclose the components of the wearable personal digital device. The band may be adapted to attach to the housing and secure the wearable personal digital device on a user body.

4.US 9746847

Title: Operating arrangement

Assignee: Continental Automotive GmbH (Hannover, DE)

Publication Date: 29 Aug 2017

Abstract:

An operator control device includes an operator control element configured to provide haptic feedback to an operator. The operator control element is activatable by an input member of the operator and has: a first planar component; and a second planar component oriented in parallel with the first planar component, the first and second planar components being movable relative to one another. The first and second planar components are guidable between a position of rest and an activation position while maintaining their parallel orientation with respect to one another. In the activation position the distance between the first and second planar components is smaller than in the position of rest. The first and second planar components are spring loaded in the position of rest.

5.US 20170349119

Title: NOVEL PORTABLE DEVICE HAVING A CHANGEABLE ILLUMINATED DISPLAY AND COMMUNICATIONS PLATFORM

Assignee: Eiland, Donald Curtis (Milpitas, CA, US)

Publication Date: 7 Dec 2017

Abstract:

The present invention relates generally to illuminated display devices and methods of displaying indicia, advertisements, etc. on a changeable illuminated display. The display device comprises a frame structure, a plurality of openings formed in the frame structure, the plurality of openings comprising first and second open spaces disposed at top and bottom positions, respectively, of the frame structure, and the plurality of openings further comprising a third open space disposed between the first and second open spaces. The display device further comprises a compact image display device operable to display an image, the compact image display device held and positioned relative to the frame structure such that first, second, and third different portions of the image, when displayed by the compact image display device, are visible through the plurality of openings first, second, and third open spaces, respectively. Additionally, control circuitry is coupled to the compact image display device.

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6.US 9563266

Title: Haptic augmented and virtual reality system for simulation of surgical procedures

Assignee: IMMERSIVE TOUCH, INC. (Westmont, IL, US)

Publication Date: 7 Feb 2017

Abstract:

The present technology relates to systems, methods and devices for haptically-enabled virtual reality simulation of cerebral aneurysm clipping, wherein a user uses two physical stations during the simulation. The first station is a haptic and augmented reality station, and the second station is a haptic and virtual reality station.

7.US 9679546

Title: Sound vest

Assignee: Not Impossible LLC (Venice, CA, US)

Publication Date: 13 June 2017

Abstract:

Vibratory motors are used to generate a haptic language for music or other sound that is integrated into wearable technology. The disclosed system enables the creation of a family of devices that allow people with hearing impairments to experience sounds such as music or other auditory input to the system. For example, a “sound vest” transforms musical input to haptic signals so that users can experience their favorite music in a unique way, and can also recognize auditory cues in the user’s everyday environment and convey this information to the user using haptic signals.

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Role of Mediation in patent infringement disputes

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Mediation is a potentially efficient and cost-effective alternative to traditional litigation and arbitration. The use of mediation has become increasingly popular in several areas of dispute resolution and one such area is that of intellectual property (IP).

As the field of Intellectual property is vast, here the importance of mediation as an alternative to both litigation and arbitration in patent infringement disputes is discussed.

A patent can be defined as a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention typically for 20 years during which the product or process cannot be exploited by others.

Patent disputes typically arise when patent rights are breached i.e Patent infringement occurs when a third party makes, uses, sells, offers to sell a patented invention without the patent owner’s permission. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. Therefore, patent infringement disputes involve courts interpreting and evaluating the claims of a patent on which the protection is sought. This is a complex procedure and the litigation process often become expensive and complicated. In the defense of infringement party allegedly responds with a counterclaim of patent invalidity and a defendant involved in patent litigation may ask to reexamine the patent being litigated. During re-examination the court will reconsider the validity of original patent and whether it meets the statutory requirements of novelty, inventiveness and non-obviousness. If a defendant successfully pleads the defence of a patent the patent owner will lose not only the case but also the patent itself.

Alternatively, mediation in patent infringement disputes can save time and money by avoiding the interpretation and reinterpretation of patent claims. Also, mediation removes the risk of patent invalidation and promotes creative solution in patent disputes. Moreover, unlike litigation, mediation process is confidential.  

For example- A company holding patent rights for a technology founds that its competing company is selling the same technology without any license. The concerned company threatens to file patent infringement case in all jurisdictions in which the company is holding patent rights. But the mounting cost of legal action would take a toll on the company and the litigation process is very time consuming. In such a situation, mediation is instrumental in transforming a hostile situation in which the parties were preparing to engage in prolonged and expensive litigation into one in which they were able to conclude an arrangement which suits the business interests of both parties and ensures the profitable use of the technology in the service of those interests.

Mediation is a great idea and can offer people a way of working things out without spending lots of money which could be better spent elsewhere to grow a business.

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Facebook v/s ConnectU Mediation Case study

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The twin brothers- Tyler and Cameron Winklevoss claimed that Mark Zuckerberg stole the idea for Facebook from them and had brought Facebook against the Winklevoss’s company- ConnectU. The twin brothers initiated a law suit against Mr. Zuckerberg inorder to negotiate a settlement, accusing it of unfair business practices.

The district court in California ordered the parties to mediate.

Before the mediation began, both the parties signed a confidentiality agreement that stated that all statements made during mediation will not be made public and were inadmissible in any arbitral, judicial, or other proceeding. After all the arguments and discussions, a settlement agreement was signed that between both the parties and Winklevosses gave up ConnectU in return for cash and Facebook shares. The Settlement Agreement purported to end all disputes between the parties.

Just after signing the agreement, Winklevosses affirmed that there was a difference in their understanding of the value of the shares of Facebook that they had agreed to accept and that they had been defrauded (in violation of Section 10(b)-5) in the mediation. The twins claimed that Facebook led them to believe during the mediation discussions that Facebook’s share value was $35.90, even though Facebook’s internal tax valuation had determined its share value to be $8.88. Had they known about this valuation during the mediation, they claim, they would never have signed the Settlement Agreement.

Section 10(b)-5 is a regulation that deems it to be illegal for anybody to directly or indirectly use any measure to defraud, make false statements, omit relevant information or otherwise conduct operations of business that would deceive another person; in relation to conducting transactions involving stock and other securities. A party negotiating an exchange of shares to settle a lawsuit could violate Rule 10b-5 by misstating or hiding information that would materially change the other side’s evaluation of the settlement.

In support of these claims, the Winklevosses proffered evidence of what was said and not said during the mediation. However the statements were held inadmissible based on the confidentiality agreement signed by the parties that stated that “All statements made during the course of the mediation or in mediator follow-up thereafter at any time prior to complete settlement of the matter are privileged settlement discussions and are non-discoverable and inadmissible for any purpose including in any legal proceeding. Without such evidence, their securities claims must fail.

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Further, the Winklevoss twins sought to invalidate the settlement agreement under Section 29(b) of the Securities Exchange Act of 1934 that voids any settlement agreement made in violation of Rule 10b-5. Winklevosses hired a team of lawyers and a financial advisor. Finally, the Court noted that the current valuation of Facebook appears to be three times what the Winklevosses were claiming they were entitled to demonstrating the value of settlement to be $160 million, that was mere $65 million at the time of the settlement.

However, a number of lessons can be learnt from this mediation case study. Whatever happens in mediation stays in mediation. Parties need to be sure that all essential information is included in the settlement agreement. The settlement agreement should be clearly-written. Since no statements made during mediation will be admissible and settlement agreement is the only admissible and enforceable document of mediation.

7 Simple Ways You Can Protect Your Idea From Theft

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Patenting Mind Control & Behaviour Modification Technology

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Brain employs different control strategies. Mind or thought control can be defined as the inability of the human subjects to think autonomously. Initially mind control was considered a mere conspiracy theory but it is REAL!!

Companies like Microsoft and Facebook are coming up with “Brain -Computer Interfaces” which can help the users increase their concentration and think their way around a computer device, hands free.

The emerging discipline of network neuroscience and network control deals with modulating human brain network to treat cognitive deficits and /or enhance mental abilities. A lot of patents are being filed in this field.  

WO/2016/207246

Title: DEVICE AND METHOD FOR EFFECTIVE INVASIVE TWO-STAGE NEUROSTIMULATION

Assignee: FORSCHUNGSZENTRUM JÜLICH GMBH (Wilhelm-Johnen-Strasse, Jülich, 52425, DE)

Publication date: 29 Dec 2016

Abstract:

The invention relates to a device for stimulating neurons, comprising a stimulation unit, which can be implanted in the body of a patient and which has a plurality of stimulation elements for stimulating neurons in the brain and/or spinal cord of the patient with stimuli, and a control unit, which operates the stimulation unit during a first time interval and during a second time interval following the first time interval in different stimulation modes. The control unit controls the stimulation unit during at least 75% of the duration of the first time interval in a first stimulation mode such that the stimulation element repeatedly generate sequences of stimuli and the order in which the stimulation elements generate the stimuli within a sequence is constant for not more than 5 successively generated sequences and is then varied. The control unit controls the stimulation unit during at least 75% of the duration of the second time interval in a second stimulation mode such that the stimulation elements repeatedly generate sequences of stimuli and the order in which the stimulation elements generate the stimuli within a sequence is constant for at least 25 successively generated sequences and is then varied. The intensity of stimuli in the first stimulation mode is lower than or equal to a predetermined stimulus intensity and the intensity of stimuli in the second stimulation mode is at least 1.3 times the predetermined stimulus intensity.

US 20180012009

Title: METHOD AND SYSTEM FOR PROVIDING A BRAIN COMPUTER INTERFACE

Assignee: Arctop, Inc. (San Francisco, CA, US)

Publication Date: 11 Jan 2018

Abstract:

A method for providing a brain computer interface that includes detecting a neural signal of a user in response to a calibration session having a time-locked component and a spontaneous component; generating a user-specific calibration model based on the neural signal; prompting the user to undergo a verification session, the verification session having a time-locked component and a spontaneous component; detecting a neural signal contemporaneously with delivery of the verification session; generating an output of the user-specific calibration model from the neural signal; based upon a comparison operation between processed outputs, determining an authentication status of the user; and performing an authenticated action.

US 20170368348

Title: METHOD AND DEVICE FOR ENHANCING MEMORY CONSOLIDATION

Assignee: ICM (INSTITUTE OF THE BRAIN AND THE SPINAL CORD (Paris, FR)

APHP (PUBLIC ASSISTANCE – HOSPITALS OF PARIS (Paris, FR) 

NATIONAL CENTER FOR SCIENTIFIC RESEARCH (CNRS) (Paris, FR)

UNIVERSITY PIERRE AND MARIE CURIE – PARIS 6 (UPMC) (Paris, FR)   

 INSERM (NATIONAL INSTITUTE FOR HEALTH AND MEDICAL RESEARCH) (Paris Cedex 13, FR)

Publication Date: 28 Dec 2017

Abstract:

The present invention relates to methods and devices for consolidating memory and / or cognitive functions by monitoring brain dynamics and delivering a stimulus to the appropriate stage of sleep cycle.

US 9846483

Title: Headset with contactless electric field sensors for facial expression and cognitive state detection

Assignee: Oculus VR, LLC (Menlo Park, CA, US)

Publication Date: 19 Dec 2017

Abstract:

A head-mounted display (HMD) device includes a plurality of activity detection sensors coupled to a liner formed around a periphery of a HMD or a band attached to the HMD. The sensors attached to the liner are adopted for direct or indirect contact to an upper portion of a user’s face, and the sensors coupled to the band are adopted for direct or indirect contact with a back side of the user’s head. The activity detection sensors detect electrical field signals caused by muscle contractions in an upper portion of a user’s face or brain activity signals when the user is wearing the HMD. The HMD includes a module that reconstructs and projects a facial animation model of the user and a cognitive state of the user based on signals from the activity detection sensors while the HMD is in use by the user.

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US 20170351958

Title: BRAIN ACTIVITY PREDICTION

Assignee: UNIVERSITAT ZURICH (Zurich, CH) 

UNIVERSITY OF FRIBOURG (Fribourg, CH)

Publication Date: 7 Dec 2017

Abstract:  

A method for estimating a brain activity response following a stimulus of a person comprises the steps: providing a usage data set of the person from a personal device used by said person, wherein at least one usage attribute is associated to said usage data set, wherein attribute data is associated to each of the at least one usage attribute, providing a computational inference model, generated from a plurality of brain activity data sets and a plurality of usage data sets, wherein each brain activity data set comprises data derived from a brain activity response following a sensory stimulus, submitting the attribute data of each of the at least one usage attributes to said computational inference model, estimating a brain activity response following a sensory stimulus of said person by evaluating said computational inference model for the submitted attribute data. The method is useful to determine, for example the influence of intensive touch pad usage (of a smartphone) on somatosensory evoked potentials.

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Innovation & market adaptation way ahead for renewables, say experts

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Adapting to market demands and innovation will be the way forward for clean energy sources and technologies, experts from India and Japan said at the Global Partnership Summit here on Monday. The panel of experts was discussing the theme of ‘Clean Energy Sources and Technology’, especially the role of solar energy in India’s renewable energy expansion plan.

The discussion saw the participation of Masatsugu Shimono, Vice Chairman, IBM, Japan; Taishi Sugiyama, Senior Research Fellow, The Canon Institute for Global Studies; Aishwarya Kachhal, Indus Towers Limited and Prity Khastgir, Founder & CEO, Tech Corp International Strategist (TCIS). The session was moderated by Pranav Mehta, Founder Chairman, National Solar Energy Federation of India.

Setting the tone for the discussion, Mehta stressed that renewable energy has figured prominently in the Paris climate accord that has been ratified by 170 countries till now. He pointed out that while the developed countries were leading renewable energy production a few years back, China has now sped ahead by becoming the world’s top solar energy producer, ahead of United States of America, Germany and Japan. India is the sixth largest producer of solar energy and a recent report by consulting firm Bridge to India said that India’s solar energy capacity is expected to touch 20GW or 20,000 MW by the end of 2017-18 financial year. Currently, around 22% of India’s power comes from renewable energy sources, Mehta said.

Mehta added that there is also an urgent need for energy efficiency as conventional energy production sees significant loss during generation, distribution, storage and use.

Meanwhile, researcher Taishi Sugiyama said that in the coming years, electric vehicles, self-driven cars and car sharing are going to be major contributors in cutting carbon emissions. “Carbon dioxide emissions can be reduced up to 100% and can also bring a host of economic benefits,” said Sugiyama.

The panelists also emphasized RE’s impact on social innovation, health and livelihoods of people. Keeping in mind the present growth rate of the economy, the energy needs are expected to double in the next 6 to 7 years. To meet these needs, solar harvesting and big data analytics will play a pivotal role, said Prity Khastgir.

The Global Partnership Summit has evolved from the India Japan Global Partnership and the three-day event will see participation of over 200 speakers including central government ministers, industry leaders, academicians and social entrepreneurs. They will speak on issues such as clean energy, urban development, mobility, health and education among others.

Source:http://www.dnaindia.com/business/report-innovation-market-adaptation-way-ahead-for-renewables-say-experts-2566884

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Replying to TRADEMARK Objections

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 A Trademark is a type of intellectual property protection, under which a word, phrase, visual symbol and/or design used by a company to distinguish its goods or services from other similar goods or services originating from a different company can be protected. A trademark registration will confer an exclusive right and legal certainty to the use of registered trademark by the right holder.

 Trademark protection can be obtained by filing a trademark application with the relevant Trade Mark Registrar in the prescribed format and paying the required fees.

 Once a trademark application is filed, the trademark registration application will be allocated to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then process the application and analyse it. The Trademark Officer will give its opinion about the Trademark in the form of an “Examination Report”. Based on the Examination Report, the trademark application is published in the trademark journal or an objection is raised for registration of Trademark.

 If the trademark registration application is objected by the Trademark Officer, the trademark applicant has the right to submit a written reply for the objections raised within 1 month from the date of receipt of examination report. The trademark examination reply should include reasons and evidences along with the supporting documents to prove the distinctiveness of the trademark and as to why the trademark should be registered. The application is allowed to be published in the Trademark Journal before registration only if the Trademark officer is satisfied by the reply. Thus, the reply to the Trademark examination report should address all the concerns raised by the Trademark Officer.

The Trademark Officer raises an objection for registration of trademark under Section 9 and Section 11 of “The Trade Marks Act, 1999”.

 

Section 9 of The Trade Marks Act, 1999 states the Absolute grounds for refusal of registration—

 

(1) The trade marks—

(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:

Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

(2) A mark shall not be registered as a trade mark if—

(a) it is of such nature as to deceive the public or cause confusion;

(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

(c) it comprises or contains scandalous or obscene matter;

(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act,1950 (12 of 1950).

(3) A mark shall not be registered as a trade mark if it consists exclusively of—

(a) the shape of goods which results from the nature of the goods themselves; or

(b) the shape of goods which is necessary to obtain a technical result; or

(c) the shape which gives substantial value to the goods. \

Section 11 of The Trade Marks Act, 1999 states the Relative grounds for refusal of registration—

(1) A trade mark shall not be registered if, because of—

(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or

(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark,

there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.

(2) A trade mark which—

(a) is identical with or similar to an earlier trade mark; and

(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.

(3) A trade mark shall not be registered if, or to the extent that, its use in India is liable to be prevented—

(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or

(b) by virtue of law of copyright.

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(4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12.

(5) A trade mark shall not be refused registration on the grounds specified in sub-sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark.

(6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including—

(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;

(ii) the duration, extent and geographical area of any use of that trade mark;

(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;

(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark;

(v) the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.

(7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account—

(i) the number of actual or potential consumers of the goods or services;

(ii) the number of persons involved in the channels of distribution of the goods or services

(iii) the business circles dealing with the goods or services, to which that trade mark applies.

(8) Where a trade mark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act.

(9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:—

(i) that the trade mark has been used in India;

(ii) that the trade mark has been registered;

(iii) that the application for registration of the trade mark has been filed in India;

(iv) that the trade mark— (a) is well-known in; or (b) has been registered in; or (c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or

(v) that the trade mark is well-known to the public at large in India.

(10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall—

(i) protect a well-known trade mark against the identical or similar trademarks;

(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.

(11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.

Thus, if the Trademark officer has raised an objection under Section 9 or Section 11 of the Trade Mark Act, 1999, the reply must contain the judicial precedent and should prove the point with proper evidence.

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Balancing PATENTS & Affordable DRUGS

 

pct filing procedure ppt, pct filing in india, pct filing requirements

Pharma Sector in India is caught in the debate over the enforcement of Intellectual Property Rights (IPR) and access to affordable medicines. Affordable drugs are necessary and is a matter of great concern for the healthcare system. There is a need to refine the Drug policy in India in the light of growing concerns about patent filing in the pharma sector and access to cheap medicines.

Enforcement of Intellectual Property Rights encourages companies to invest in research and development. Most companies invest in research and development so that they can reap profits from the product developed. Patenting the product or process ensures that others do not replicate the concerned product to gain a share of the potential profits. But the critics of enforcement of intellectual property rights in the pharma sector argue that patents encourage monopolies. The pharmaceutical companies who patent drugs can sell those drugs at quite high prices because of no competition involved in the marketing of the drug.

The incomplete understanding of intellectual property rights (IPRs) is the real issue that India’s drug industry is facing. Currently, only 5% of medicines used in India are said to be patent-protected. Breakthrough therapies are being developed in the world but why these therapies are not made available to India but are being introduced in other countries?

It is observed that the new drugs and therapies encounter delay in marketing approval in India despite their global launch. Moreover the new drugs that are launched in India are produced and sold as generic versions by Indian manufacturers within one year of their introduction. Generic medicines are the copies of brand name counterparts of drugs originally developed by other companies. The rapid appearance of generic versions of medicines and delays in marketing approval display a lack of faith in the patent regime.

Patents are important in innovative sectors like pharmaceutical industry as they provide incentives for companies to invest in those sectors. Investment in innovation, research and development is an essential component of supporting an innovative and enterprising economy.

In order to link medical innovation with affordable treatment  a supportive role by the Government is required. The government should design a price-control mechanism without tampering the grant of patents. The government should deploy tools to reduce uncertainty in Intellectual Property Rights and to build an ecosystem that promotes medical innovation. We must achieve a balance between the current and future needs of patients and the timely introduction of existing and new pharmaceutical drugs.

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Innovation in the Mining Sector

India is a mineral rich country. The Mining Industry contributes significantly to the economy of India and provides basic raw materials to many important industries.  The distribution of minerals in India is uneven and many areas are yet to be fully explored. Exploration activities in India are mostly carried out by Geological Survey of India (GSI), Mining Exploration Corporation Limited (MECL), various State Directorates of Geological Mining (DGMs), public sector undertakings (PSU) and private sector entities both domestic and subsidiaries of many global companies.

India total land area 3.2875 million sq. km out of which, GSI has identified 0.571 million sq. km. as Obvious Geological Potential (OGP) area for minerals.

What are the reasons to invest in Mining Sector?

India has vast mineral potential  and Under the “Make In India Initiative” there is an ease of doing business in India.

For the companies interested in mining or for the raw material for their industry, Mining Lease & Licence grant  is done through auctions.

An Inter-ministerial Group facilitator is established by law for expediting the clearances and approvals in India.

The Geological Survey of India (GSI) has identified about 100 blocks for the exploration companies to venture into the revenue share model as enabled by the National Mineral Exploration Policy, 2016.

Mining leases in India are granted for longer and stable tenure of 50 years.

The demand for various metals and minerals is growing substantially. The recent innovations in the mining sector in US are:

US 9638017 B2

Title: Batch solution mining using lithological displacement of an evaporite mineral stratumand mineral dissolution with stationary solvent

Assignee: SOLVAY SA (Brussels, BE)

Publication Date: 2 May 2017

Abstract:

Batch initiation and/or exploitation phases of in situ solution mining of a mineral from an underground evaporite mineral stratum. The initiation phase may comprise a lifting step which employs a lithological displacement (lifting) of this stratum from an underlying non-evaporite stratum with application at the strata interface of a lifting hydraulic pressure greater than overburden pressure by a solvent suitable to dissolve the mineral; a soaking step for dissolution of mineral upon contact with stationary solvent, and a brine extraction step. The method may further comprise one or more exploitation phases carried out after the initiation phase. The exploitation phase may comprise a partial filing or filling step with the same solvent or different solvent than during lifting, another soaking step, and another brine extraction step. The lifting, cavity partial filing/filling, and brine extraction steps are being discontinuous. The evaporite mineral stratum preferably comprises trona.

2.) US 9822013 B1

Title: Selective mining enhanced recovery process

Assignee: Innovare Technologies Ltd. (Carlyle, CA)

Publication Date: 21 Nov 2017

Abstract:

Some embodiment of the present disclosure include a method and method for recovery of solution mined minerals. The method may include creating superheated steam using a steam boiler; passing the superheated steam through a turbine/generator to generate electricity; reheating the steam exiting the turbine/generator to saturation with a steam reheater; using the saturated steam with an absorption chiller to create chilled water; and recovering minerals using the chilled water in a cooling crystallizer system. In embodiments, the method and system may be used to recover minerals, such as potash (KCl), washing soda (Na2CO3.10H2O); nahcolite (NaHCO3); and glauber salt (NaSO4.10H2O). The method may utilize the trigeneration of steam, electrical, and chilled water utilities, which may be used for a recovery process.

3). US 9803458 B2

Title: Solution mining using subterranean drilling techniques

Assignee: TRONOX ALKALI WYOMING CORPORATION (Stamford, CT, US)

Publication Date: 31 Oct 2017

Abstract:

A method of solution mining a subterranean mineral ore deposit such as trona ore in which a borehole is drilled from a subterranean mechanically-worked mineral ore mining operation to connect a mineral ore bed to be solution mined, using subterranean drilling apparatus located proximate to the mechanically-worked mineral ore mining operation. The mineral ore bed is isolated from the mechanically-worked mineral ore mining operation by passage of the drilled borehole through an impermeable layer adjacent to the mineral ore bed to be solution mined. The mineral ore bed is then solution-mined using a mining solvent introduced into the mineral ore bed to solubilize the mineral and form a mining solution, and the resulting mining solution is withdrawn from the mineral ore bed.

4). US 20170325052 A1

Title: Method and Apparatus for Protecting a Miner

Assignee: Strata Products Worldwide, LLC (Sandy Springs, GA, US)

Publication Date: 9 Nov 2017

Abstract:

An apparatus for protecting a miner from injury by a machine in a mine includes an explosion-proof housing. The apparatus includes a proximity sensing portion disposed in the explosion-proof housing having a magnetic field source which produces a magnetic field that is used to sense a location of the miner relative to the machine. The apparatus includes a wireless communication portion disposed in the explosion-proof housing through which the magnetic field produced by the magnetic field source is changed remotely and wirelessly from outside the explosion-proof housing. A method for protecting a miner from injury by a machine. A system for protecting a miner from injury by a machine in a mine

5). US 20170291178 A1

Title: SYSTEM AND METHOD FOR COLLECTING HEAVY MINERALS

Assignee: Vortex Technology, LLC (Reno, NV, US)

Publication Date: 12 Oct 2017

Abstract:

The invention relates to a method and system for the environmental remediation of materials that are contaminated with heavy minerals, such as heavy metals. The invention finds utility in removing heavy minerals from materials such as soils, sediments, mine tailings and ores. The invention provides a means for removing heavy minerals from contaminated materials without the use of water while reducing the generation of dust. Thus, the invention provides an environmentally friendly method for the remediation of sites that are contaminated with heavy minerals.

The recent patents filed in the mining sector in India are:

201727036276

Title: MODIFIED MINERAL BASED FILLER COMPRISING COPPER SALTS

Assignee: OMYA INTERNATIONAL AG

Omya is a leading global producer of industrial minerals, mainly fillers and pigments derived from calcium carbonate and dolomite, and a worldwide distributor of specialty chemicals.

Publication Date: 12 Oct 2017

Abstract:

The present invention relates to a modified mineral based filler comprising at least one alkaline earth metal carbonate comprising material and at least one water insoluble copper salt comprising the copper mineral malachite in an amount of at least 10 wt. % which covers at least partially the surface of the at least one alkaline earth metal carbonate comprising material and a method of producing the same.

2). 201737036976  

Title: JAW CRUSHER MINERAL MATERIAL PROCESSING PLANT AND METHOD FOR PROCESSING MINERAL MATERIAL

Assignee: METSO MINERALS INC.

Metso Minerals Industries, Inc. manufactures and offers equipment, services, and process solutions to quarrying and aggregates production, mining and mineral processing, construction contractors and civil engineering industries.

Publication Date:  17 Oct 2017

Abstract:  

A jaw crusher a mineral material processing plant and a method for processing mineral material. The jaw crusher (100) comprises a fixed jaw and a movable jaw for forming a crushing chamber (3) therebetween which is open at the top the fixed jaw comprising a first wear part (1 ) mounted thereto and the movable jaw comprising a pitman (4) and a second wear part (2) mounted thereto; wherein the pitman (4) is rotatably mounted to a first eccentric shaft (8). The pitman (4) is further rotatably mounted to second eccentric shaft 9 configured to guide the stroke of the movable jaw to create a movement pattern with a substantially linear crushing stroke wherein the eccentricity of the second eccentric shaft (9) is larger than that of the first eccentric shaft.

3). 201717023428

Title: PLANT AND METHOD FOR RECOVERING METALS AND/OR METAL OXIDES FROM INDUSTRIAL PROCESS WASTE IN PARTICULAR REFINERY WASTE

Assignee: SAIPEM S.P.A.

SAIPEM is one of the global leader in drilling services, as well as in the engineering, procurement, construction and installation of pipelines and complex projects, onshore and offshore, in the oil & gas market.

Publication Date: 29 Sept 2017

Abstract:

A plant (1) for recovering metals and/or metal oxides from industrial process waste in particular oil product refining waste comprises a furnace (2); a feed line (30) connected to a main inlet (12) of the furnace for feeding the furnace with a solid waste containing metals in particular in oxide form; an outlet line (18) connected to a solid phase outlet (17) of the furnace for drawing a metal enriched solid phase out of the furnace; the furnace is a belt conveyor furnace (2) having a belt conveyor (9) closed in a loop with a substantially horizontal configuration and having a top face (11) which receives the waste to treat and conveys it between two longitudinal opposite ends (7 8) of the belt conveyor furnace (2) respectively provided with the main inlet (12) and the solid phase outlet (17).

4.) 201747012798

Title: AN UNDERGROUND MINING SYSTEM FOR REDUCED COSTS IMPROVED EFFICIENCIES HIGHER PRODUCTIVITY AND A SAFER WORKING ENVIRONMENT THROUGH PENETRATED BLOCK EXTRACTION

Assignee: UNDERGROUND EXTRACTION TECHNOLOGIES PTY LTD

Publication Date: 21 April 2017

Abstract:

The present invention relates to a mining method including the step of forming one or more sets of gate roads. Each set of gate roads includes at least two headings typically for providing and retuning ventilation. Dead end plunge cuts extend from the sets of gate roads. Each plunge cut is formed with a continuous miner coupled to a flexible conveyor system. Each plunge cut is greater than 30 metres in length. Advantageously narrow elongate pillars may be left between adjacent plunge cuts thereby resulting in greater material removal per volume and improved operating costs when compared with bord and pillar mining.

5). US 201717031232

Title: PROCESS FOR REMOVING HEAVY METALS FROM HYDROCARBONS

Assignee:  PETROLIAM NASIONAL BERHAD (PETRONAS)

Petroliam Nasional Berhad (PETRONAS) is Malaysia’s fully integrated oil and gas multinational ranked among the largest corporations on FORTUNE Global 500®.

Publication Date: 4 Sept 2017

Abstract:

This invention provides a process for removing mercury, from a mercury-containing hydrocarbon fluid. More specifically, the invention relates to a process for for the removal of mercury from a mercury-containing hydrocarbon fluid feed comprising the steps of: (i) contacting the mercury-containing hydrocarbon fluid feed with a metal perhalide having the following formula: [M]+[X]- wherein: [M]+ represents one or more metal cations wherein the metal has an atomic number greater than 36; an atomic radius of at least 50 pm and a 1st ionization energy of less than 750 kJ mol-1; [X]- represents one or more perhalide anions; and (ii) obtaining a hydrocarbon fluid product having a reduced mercury content compared to mercury-containing hydrocarbon fluid feed.