The idea of getting patents is a good moves from the point of view of enforcing the patent rights. Let’s talk about haptic technology patented by Immersion.U.S. Patent No. 8,619,051 titled ‘Haptic Feedback System and Stored Effects‘ which deploys feedback to a device by responding with a vibration and the ability to store the feedback patterns and effects.
Important International Patent Classifications Identified by the Patent Examiner in this Patented Innovation:
G06F3/041Digitisers, e.g. for touch screens or touch pads, characterised by the transducing means
G06F3/016Input arrangements with force or tactile feedback as computer generated output to the user
H04M19/04Current supply arrangements for telephone systems providing ringing current or supervisory tones, e.g. dialling tone, busy tone ringing-current generated at substation
H04M19/048Arrangements providing optical indication of the incoming call, e.g. flasher circuits
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.
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.
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.
The first thought that comes to creative intellectual mind in Industry 4 Era is Internet and combination with so many souls in the online world. What is Software? What is Software-Hardware Product? How to deploy Software-Hardware Patents?
Intellectual Property based Strategic Services offered by Tech Corp International Strategist, India (TCIS, India) to Global Food Industries and Indian Food Sector are as follows:
YOUR Intellectual PROPERTY Strategist in India for Global Market
Intellectual property rights resonating to the food industry include patents, trademarks for brand protection, copyright, trade secrets and Industrial design rights. Every food based business from startup to international agro industry creates intellectual property.
1). Trademark Filing in India & International Brand Protection Services:
A brand is the key component of a food company or product’s success. A trademark is a legally protected word, name, design, logo, or other symbol of your product or business. For example, “Oreo” is a trademarked product name. That means no one else can use the name “Oreo” to sell their cookies. A trademark can be obtained for a food product, restaurant or chef’s name.
TCIS, India helps the food industries obtain a trademark for a food product as well as the company. Clients of the firm enjoy the following services:
Free initial trademark consultation with an experienced trademark attorney
Review of office actions by an experienced trademark attorney
Trademark attorney personal attention to their matters
Firm ideology of involvement that requires “going the extra mile”
Firm policy to return client phone calls and respond to emails immediately whenever practical
Cost-effective flat rates
Apply for TM Registration and discuss your brand strategy and understand importance of brand, logo and tagline with expert consultants at Tech Corp International Strategist India TCIS, India.
2). Copyright Filing:
A Copyright is an exclusive and assignable legal right, given to the creator of original artistic work for the use and distribution of the artistic work for a limited period of time. Copyright is a form of intellectual property, copyright are considered territorial rights,which means that they don’t extend beyond the territory of a specific jurisdiction. Copyright does not protect merely utilitarian articles, ideas, facts, or formulas. Since food is a useful article, copyright law will apply only if the food incorporates highly creative features that are separable (either physically or conceptually) from the food’s utilitarian features.
In food industries, chefs sometimes borrow and build upon ideas from others. Properly applied, intellectual property law is flexible enough to protect highly creative food designs from substantial copying. Copyright filing is important because a chef who, without permission, creates a derivative food design that is substantially similar to another’s copyright-protected food design or other work could be at risk for copyright infringement claims.
Cooking is also a “ART”.
Protect your art by filing a COPYRIGHT.
Apply for Copyright Registration at Tech Corp International Strategist India TCIS, India.
3). Filing Patents in Food Industries
A food industry can obtain a patent on a novel and non-obvious recipe or cooking technique. However, overcoming the novel/non-obvious hurdle under patent law is difficult in the food industry. Patents can also be obtained for a novel food processing strategy. Moreover, patent rights can be used to protect new ideas which arise from the Research and Development department in the food industry. Food and drinks is one of the largest manufacturing sectors and industry invests heavily in R&D. Many Food industries overlook the opportunity to patent aspects of their food products or specialised manufacturing processes.
TCIS, India has a large in-house, full-time team of patent agents, attorneys, or former patent examiners, many of whom hold advanced degrees in food technology. We at Tech Corp International Strategist (TCIS, India) can help you determine if your invention is patentable. Our team of Patent attorneys have expertise in worldwide Patent analysis, Patent portfolio and landscaping besides Prior art searching, validity searches, Freedom to Operate report and Reporting patent Infringement for granted patents.
For further information on patents and patent filing in India connect with our highly skilled and experienced patent lawyers and IP strategists.
4). Plant Varieties Rights:
Plant Breeders’ Rights (PBR) is an internationally recognised system, which allows the breeder to hold intellectual property rights in the propagation of a new variety for commercial use. It enables the collection of end-point royalties (EPR), which can then be used to fund future breeding activities.
Plant breeders’ rights (PBR) are also known as plant variety rights (PVR), and gives the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety of plant for a specific period of time.
To qualify for protection, a plant variety must be new, distinct from other varieties, and have uniform characteristics.
If You Are Wondering What The Process Is To Obtain Plant Variety Rights, Contact Our Attorneys at Tech Corp International Strategist India TCIS, India For More Information.
5). Obtaining Industrial Design Rights:
Industrial Design protection is provided for a shape, configuration, surface pattern, colour, or line (or a combination of these), which, when applied to a functional article, produces or increases aesthetics, and improves the visual appearance of the design. Industrial Design rights are provided for a period of 10 years and can be renewed for an additional period of 5 years. For a design to qualify for protection are: It should be novel, original, non-obvious and should be visible on a finished functional article.
To know more about obtaining Industrial Design Protection in India, Contact our Attorneys at Tech Corp International Strategist India TCIS, India
Schedule a call today via clarity to get #strategic #advice #patents #brandbuilding #brandtrademarkstrategist
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.
(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.
Innovations in food technology sector goes in accordance with the consumer demand for healthy and safe food and while simultaneously improving the quality and shelf life of the food product. The food industry is at present interested in some of the novel food processing technologies that improves the quality of food but at a low cost. The major industries constituting the food processing sector are grain milling, sugar, edible oils, beverages, fruits & vegetables processing and dairy products.
India has a rich agriculture resource and was ranked No.1 in the world in 2013 in terms of production of Arecanut, Bananas, Castor oil seed, Chickpeas, Chillies & Peppers dry, Ginger, Lemons & limes, Mangoes, Mangosteens, guavas, Millet, Okra, Papayas, Pigeon peas, Meat- buffalo, Milk-whole fresh buffalo & goat, Ghee, butter oil of cow milk, Ghee of buffalo milk and sesame seed. India ranks second in the world in the production of Anise, fennel, coriander, beans-dry, cabbages and other brassicas, cauliflower & broccoli, Egg plants (aubergines), Garlic, Groundnuts with shell, Lentil, Onions dry, Peas green, Potatoes, Pumpkins, Squash and Gourds, Rice/Paddy, Safflower seed, Sugar cane, Tea, Tomatoes, Wheat, Meat-goat, Milk whole fresh cow. Further, India is at third position in the production of Cashew nuts, with shell, Coconuts, Lettuce and chicory, Nutmeg, mace and cardamoms, Pepper (piper spp.) and Rapeseed.
India’s strategic geographic location and its close vicinity to food-importing nations makes India favourable for the export of processed food products. A total of 127 agro-climatic zones have been identified in India. Moreover, 42 Mega Food Parks (MFP) are being setup in India with an investment of USD 2.38 billion. The parks have around 1250 developed plots with basic enabled infrastructure that entrepreneurs can take on lease for the setting up of food processing and ancillary units. With an extensive network of food processing training, academic and research institutes, the cost of skilled manpower is relatively low in India as compared to other countries.
In order to promote innovations in food processing sector, Central and state governments have instated attractive incentives like capital subsidies, tax rebates, depreciation benefits, and reduced custom and excise duties for processed food and machinery.
Food processing is recognised as a priority sector in the Make in India policy and is one of the major employment oriented segments in India. With the growing awareness and concern for health and wellness, consumers are experimenting with different cuisines, tastes and new brands paving the way for new investment opportunities in the food processing sector. The recent patents filed in the Food processing sector in India are:
1). 201747035342
Title: INTELLIGENT FOOD COOKING MACHINE
Assignee: WANG Aiqun
Publication Date: 17 Nov 2017
Abstract:
Disclosed is an intelligent food cooking machine comprising a rack (1) a bowl storage mechanism (2) a distributing and fetching mechanism (3) a pushing mechanism (4) a microwave heating mechanism (5) and a delivering and lifting mechanism (6). The intelligent food cooking machine is combined with a coin feed device and a change device; a bowl filled with food is taken out from the bowl storage mechanism (2) via the distributing and fetching mechanism (3); when the bowl is put in a lower stop position of the distributing and fetching mechanism (3) the pushing mechanism (4) pushes the bowl into the microwave heating mechanism (5) to perform heating treatment; after the food in the bowl is heated the pushing mechanism (4) re pushes the bowl onto the delivering and lifting mechanism (6) and the bowl is delivered to a bowl fetching window (14) via the delivering and lifting mechanism (6) so that a process of intelligently heating the food and selling the food is realized; and the intelligent food cooking machine is simple in structure and convenient to use.
2). 201747039730
Title: FOOD PREPARATION APPARATUS AND METHOD
Assignee: KONINKLIJKE PHILIPS N.V.
Publication Date: 17 Nov 2017
Abstract:
Disclosed is a food preparation apparatus (100) comprising a food preparation compartment (101); a dielectric sensor (120) in said food preparation compartment a data storage device (130) storing food seasoning data as a function of a dielectric constant of the food product said food seasoning data relating to a plurality of condiments to be added to the food product; and a processor arrangement (110) coupled to said dielectric sensor. The processor arrangement is adapted to determine a dielectric property of a food product in the food preparation compartment from sensor data provided by said dielectric sensor; retrieve food seasoning data for the food product corresponding to the determined dielectric property from the data storage device; and for each condiment of said plurality generate a seasoning instruction signal for adding an amount of said condiment of said plurality to the food product based on the retrieved food seasoning data until all condiments of said plurality have been added to the food product. A method of automatically generating seasoning instructions for adding a plurality of condiments to a food product during preparation of the food product is also disclosed.
3). 201611009273
Title: VISCOUS FOOD PRODUCT GRINDING AND DISPENSING SYSTEM
Assignee: Trade Fixtures, LLC
Publication Date: 21 Nov 2017
Abstract:
A viscous food product dispensing system having a transport section for receiving a particulate food product from a bin, an auger for processing and conveying the received particulate food product from the transport section into an outlet adapter via one or more flutes, a milling device housed in the outlet adapter, and a discharge nozzle in the outlet adapter that pinches off the viscous food product created by the milling device. The auger has a unique design that allows it to engage and break whole nuts.
4). 201722017362
Title: FOOD PRODUCTS AND PROCESSES FOR PREPARATION THEREOF\
Assignee: SHIRODKAR, Jyoti
Publication Date: 17 May 2017
Abstract:
The present disclosure relates to pre-mixed barley based compositions comprising barley, cereals, pulses, spices, dry fruits and flavoring agents. The ingredients are present in pre-determined proportion to each other. Various food products can be prepared from the pre mixed barley based compositions, which can be consumed by healthy individuals as well as individuals suffering from obesity, dyslipidemia, diabetes, cardiovascular diseases, and the like. The present disclosure also provides a process for preparing the pre-mixed barley based compositions.
5). 5034/CHE/2015
Title: METHOD AND SYSTEM FOR AUTOMATIC END-TO-END PREPARATION AND MANAGEMENT OF FOOD
Assignee: Vishnu Gurusamy Sundaram
Publication Date: 27 April 2017
Abstract:
The embodiment herein provide a method and system for providing an integrated cooking machine, which automates the process of cooking completely and support connected operation in the cooking such as share recipes, order recipes and even support connecting with the ingredient supplier ecosystem for ordering the required items. Thereby eliminating several food processing machines and even to the extent of removing kitchen in a house. The system includes electro-mechanical components for performing the cooking operation, which is driven by electronic circuits fed by programs that make this operation happen. The programs are stored in the device or downloaded from the cloud platform, which authenticates these machines and provide the required information. The system also has intuitive interface on the device to create recipes. The system is also configured to measure the output parameters of the food.
6). 2774 / MUM / 2014
Title: AUTOMATIC FOOD COOKING MACHINE
Assignee: MAHAVIR BABULAL, Suthar [IN/IN]; (IN).
BABULAL DOLATRAM, Suthar [IN/IN]; (IN)
Publication Date: 3 March 2016
Abstract:
The present invention relates to automatic cooking machine, without any human interaction. In the present invention, full Indian dish including roti / paratha, sabji, dhal and rice is processed, cooked and served in dishes automatically. In the present invention, all vegetables are controlled by the microcontroller / PLC system. It is about multiple different recipes saved in program and customized. Food cooking machine is eco-friendly & eco-user. The present invention is self cleaning and sterilizing which is controlled by microcontroller / PLC and all media of communication.
Inspiration can be found anywhere if you look around and be open to it. Ideas are relatively easy to come. “Sit-at-tea-discussions”, which are now given a fancy term “brainstorming sessions” generate wonderful ideas. It takes a lot of knowledge, time, money and efforts to refine an idea into an invention.
But How do you begin with the idea process? First of all discover a problem. Take out a sheet of paper and write down whatever comes to your mind related to the problem; it doesn’t necessarily make sense and try to come up with a solution to the problem you just discovered. Only after you organize your initial idea, the actual design and development of your product will begin.
Turning an idea into an invention — it takes lot of efforts and luck to launch a product into, and get that product accepted by, the marketplace. There are substantial barriers in the path of those who pursue innovation. Overcoming those barriers and accomplishing the tasks require careful planning and input from others.
You can’t just take an idea, plunk it down and say “OK, this is it.” You will be defining and tweaking your idea constantly even during development and prototyping.
Entrepreneurship can be a tough and long journey, and the success of your idea may be doubted by many people, even your family and friends! But remain focused on the value that your invention will deliver to your customers. You should be able to clearly explain the basic idea or concept behind your new product or service (in and out of the industry), have a prototype for demonstration of your new product or service, and you may seek professional advice to protect your intellectual property.
How will you determine if your idea will succeed?
One of the best ways to determine the success of your idea is to talk to people around, get customer feedback, before the complete development of the product/service and finalise your target market, pricing model and marketing strategy. Inorder to validate the entry of your product/service into the market carry out complete industrial trials for your product/service.
When you finally set out to launch your business, one of the most important trait you need as an entrepreneur is “Perseverance”. You’ll be told “no” many times but you’ve to move beyond the “no” and eventually, you’re going to get to a “yes.”
Understand that doing business isn’t a rocket science. No, it is definitely not easy to begin a business, but it’s not as complicated or as scary as many people think, either. It’s a step-by-step, common-sense procedure. So take one step at a time!!
You Might wonder weather Micro-organisms can be Patented or not?
Intellectual Property Protection in the form of a patent is granted for an invention which is novel, has an inventive step and is capable of being made or used in an industry. But when an invention is said to be novel? An invention is new if it is not in the public domain by publication in any document or used in the country or anywhere in the world before the date of filing of patent application with full specification.
As per the criteria for filing a patent- MICROORGANISMS in their NATIVE or ORIGINAL form cannot be patented as such!
With the advancement in the field of Microbiology and Biotechnology, Man has been developing tailor-made microorganisms to exploit their economic potential.
Prior to 1980, Inventions pertaining to microorganisms and other biological entities were subject to product patents in India i.e patents were granted for processes and products obtained using microorganisms but no patents were given for microbes as such.
For example- Louis Pasteur received a U.S. Patent No 141072 for process of fermenting beer but no patent was given for the living entity “yeast” per say. However, in 1980, Ananda Mohan Chakrabarty developed a “genetically modified” bacterium capable of breaking down crude oil. This property of degrading crude oil was not not found in the naturally occurring bacteria and thus this invention was thought to have significant value for cleaning up oil spills.
Ananda Mohan Chakrabarty filed a US Patent for this genetically modified bacteria but his claim on a living entity was rejected by USPTO (United States Patent and Trademark Office). But the Supreme Court decision went in the favor of Ananda Chakrabarty. The Supreme Court stated that new microorganisms not found in nature were either ‘manufactured’ or ‘composition of matter’. The ‘product of nature’ objection therefore failed and Ananda Mohan Chakrabarty was granted US Patent No. 4,259,444 in 1981.
Thus, Genetically Modified Microorganisms are PATENTABLE!
However, when an invention involves a microorganism, completely describing said invention in the description to enable a third person put the invention into practice becomes difficult. It would be virtually impossible to describe the microbial strain, its isolation, selection and modification to guarantee that the other person will obtain the same strain from the same environment. In such a situation, the microorganism itself will form an essential part of the disclosure and a sample of the microorganism must be deposited in a recognized institution for its availability to the public.
But while drafting a patent application, it has to be taken care that the description part of the patent application must enable a person skilled in the relevant area of technology to put the invention into practice.
In order to patent an invention involving microorganism in several countries, it is necessary not only to file a written description but also to deposit a sample of the microorganism with a specialized institution.
Because the handling and preservation of microorganisms require special expertise and equipments, such a process of depositing microorganism with a specialised institute for every country is complex and costly.
The “BUDAPEST TREATY” is an International Treaty administered by World Intellectual Property Organization (WIPO), signed in Budapest, Hungary in 1977 and came into force in 1980. The treaty allows or requires the Contracting States (80 Contracting Parties) to deposit a sample of microorganism for the purpose of patent with any Internationally recognized authority (IRA) irrespective of whether such authority is on or outside the territory of the said State. This means that it is no longer required to submit microorganisms to each and every national authority in which patent protection is required no longer exists.
There are 80 Contracting Parties of Budapest Treaty. For the list of Contracting States of Budapest Treaty refer to-
There are 46 on record INTERNATIONAL DEPOSITARY AUTHORITIES (IDA) under article 7 of the Budapest Treaty. For the list of INTERNATIONAL DEPOSITARY AUTHORITIES (IDA) under article 7 of the Budapest Treaty refer to-
However the depositor should, in particular, ensure that the deposit is made in the name of the applicant for the patent and a sample of the microorganism is deposited to an International Depositary Authority before filing the patent application. There should be sufficient time for delays in the mail or customs formalities (if the sample is being sent by mail). If the sample is found to be non-viable by the International Depositary Authority (IDA), a replacement sample has to be provided by the applicant for the patent.
India became a member of Budapest Treaty on 17 December 2001. In India, Microbial Type Culture Collection and Gene Bank (MTCC) at the Institute of Microbial Technology (IMTECH), Chandigarh, is a recognized International Depository Authority (IDA) of microorganisms.
Creativity is intelligence having fun. People admire intelligence, and they are always attracted to fun—so the combination is fantastic. Having said that one has to protect creativity by filing for copyright protection for the creative work. The purpose of filing international copyright application is to protect your Creativity in multiple countries which ACTS as an EVIDENCE in case of copyright work infringement.
Purpose of filing international copyright application is to protect your Creativity in multiple countries which ACTS as an EVIDENCE in case of copyright work infringement.
The Berne Convention for the Protection of Literary and Artistic Works (1886) is an International Agreement which deals with the protection of the literary and artistic work of the authors. The Berne Convention has 174 contracting parties/member countries and works on three basic concepts-
i) Works originating in a member state receive the same protection in each of the other member states. This is called as the principle of “National Treatment”.
ii) Under Berne Convention, no preconditions or formalities are required for the protection of work by law. This is known as the principle of “automatic protection”.
iii) According to the principle of “Independence of protection” the protection in each member state is governed by the state’s own domestic law i.e the legal protection of work in a country is independent of the existence of protection in the other country.
What can be protected using copyright?
The protection of the literary and artistic work under Berne Convention is applicable to nationals and residents of countries that are member to the convention. To obtain a copyright in different countries which are member to the Berne Convention, copyright is to be filed simultaneously (within 30 days) in all the countries in which legal protection rights are to be obtained.
Member Nations to the Berne Convention for the Protection of Literary and Artistic works (1886)
India became a member of Berne Convention on 1st April 1928 whereas United States of America joined Berne Convention on 16th November 1988. Other countries like Malaysia (28th June 1990), Singapore (21st September 1998), China (10th July 1992), and United Kingdom (5th September 1887) became a member of Berne Convention on the respective dates.
How to register a copyright?
Copyright filing in India
Filing of application (offline/online) along with fee (Demand draft/ online payment/ postal order)
For a license to republish a Literary, Dramatic, Musical or Artistic work (Sections 31, 31A,31B* and 32A) Rs. 5,000/- per work
For a license to communicate an any work to the public by Broadcast(Section 31(1)(b)) Rs. 40,000/- per applicant/per sataton
For license to republish a Cinematograph Film (Section 31) Rs. 15,000/- per work
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Copyright Registering Body India
Department Of Industrial Policy & Promotion Ministry of Commerce and Industry Address- G-30, August Kranti Bhawan Bhikaji Cama Place New Delhi-110066
Agri Udaan is a HUGE OPPORTUNITY for INDIA to Prosper just like FLIGHT of Prosperity
Identifying Startups which are able to help farmers in India to increase the yield by 2X.
How does innovation lower the cost of farming in India?
Interested in identifying processed innovation to increase agri and food productivity at grassroots level in India.
Use of Clean-tech and Renewable energy grassroots innovations to help farmers in India to increase the yield by 2X
Action Speaks louder than Words. Execute YOUR Business Model with Proper Strategy
India is geographically situated on the Indian subcontinent in south-central Asia, and is located in both the eastern and northern hemispheres. India bordered by the Arabian Sea, Bay of Bengal, Gulf of Mannar, Indian Ocean, and the countries of Pakistan, China, Nepal, Bhutan, Bangladesh and Burma (Myanmar).
India is an agricultural produce country.
In the current scenario in India’s economy agriculture plays a vital role. Moreover, in Bharat over 58 percent of the rural households depend on agriculture as their principal means of livelihood.
Agriculture, along with fisheries and forestry, is one of the largest contributors to the Gross Domestic Product (GDP).
According to Central Statistics Office (CSO), the share of agriculture and allied sectors (including agriculture, livestock, forestry and fishery) is expected to be 17.3 percent of the Gross Value Added (GVA) during 2016-17 at 2011-12 prices.
Need of the HOUR: Grass Root level Innovation
On the eve of India’s independence in the year 1947, Indian agriculture was characterized by feudal land relations and primitive technology, and the resultant low productivity per hectare.
Convert innovative ideas from India’s rural youth into viable businesses.
The first task of the government in the immediate post-independence period was to initiate a growth process in the modernization of agriculture, both in terms of technological and institutional changes.
Subramani, a biotech researcher and entrepreneur runs a successful startup that creates artificial flowers
India’s Mid-term Appraisal of the Tenth Five Year Plan (2002-07) drew attention to the loss of dynamism in agriculture and allied sectors after the mid-1990s.
India is the largest producer, consumer and exporter of spices and spice products. India’s fruit production has grown faster than vegetables, making it the second largest fruit producer in the world.
India’s horticulture output, is estimated to be 287.3 million tonnes (MT) in 2016-17 after the first advance estimate.
It ranks third in farm and agriculture outputs. Agricultural export constitutes 10 per cent of the country’s exports and is the fourth-largest exported principal commodity. The agro industry in India is divided into several sub segments such as
canned,
dairy,
processed food,
frozen food to fisheries, meat, poultry, and
food grains.
The Department of Agriculture and Cooperation under the Ministry of Agriculture is responsible for the development of the agriculture sector in India. It manages several other bodies, such as the National Dairy Development Board (NDDB), to develop other allied agricultural sectors.
Agricultural Market Size in India
India’s GDP is expected to grow at 7.1 per cent in FY 2016-17, led by growth in private consumption, while agriculture GDP is expected to grow above-trend at 4.1 per cent to Rs 1.11 trillion (US$ 1,640 billion). As per the 2nd Advance Estimates, India’s food grain production is expected to be 271.98 MT in 2016-17. Production of pulses is estimated at 22.14 MT.
India’s exports of basmati rice may rise to Rs 22,000-22,500 crore (US$ 3.42-3.49 billion), with volume to around 4.09 MT in 2017-18, backed by a rise in average realisations.
Wheat production in India is expected to touch an all-time high of 96.6 MT during 2016-17.
Groundnut exports from India are expected to cross 700,000 tonnes during FY 2016-17 as compared to 537,888 tonnes during FY 2015-16, owing to the expected 70 per cent increase in the crop size due to good monsoons.
India’s groundnut exports rose to 653,240 MT during April 2016-February 2017. India’s export of grapes to Europe and China are expected to increase by 10 to 20 percent this year on back of higher production on account of good monsoon and higher demand due to competitors such as Chile shifting focus to US market.
Spices exports from India grew by 9 per cent in volume and 5 per cent in value year-on-year to 660,975 tonnes and US$ 1.87 billion respectively, during April-December 2016.^
Investments
According to the Department of Industrial Policy and Promotion (DIPP), the Indian agricultural services and agricultural machinery sectors have cumulatively attracted Foreign Direct Investment (FDI) equity inflow of about US$ 2,315.33 million from April 2000 to December 2016.
Some major business investments and developments in agriculture are as follows:
India and Brazil have signed a bilateral investment agreement, aimed at enhancing cooperation in areas of agriculture, cattle genomics, ship building, pharmaceuticals, defence production, ethanol production and oil and gas, between the countries.
Zephyr Peacock, the India-focused private equity fund of US-based Zephyr Management, has invested an undisclosed amount in Bengaluru-based potato seeds firm Utkal Tubers India Pvt Ltd, which will be used to produce high-quality mini-tubers in a tissue culture laboratory and multiply them in its own development farms and through supervised contract farming in different regions of the country.
Mahindra Agri Solutions Ltd (MASL), a unit of Mahindra & Mahindra Ltd, has agreed to purchase 60 per cent stake in OFD Holding BV, a Netherlands-based fruit distribution company, for Rs 36 crore (EUR 5 million), which will provide MASL access to European and Chinese markets for Indian grapes.
Government Initiatives
Given the importance of the agriculture sector, the Government of India, in its Budget 2017–18, planned several steps for the sustainable development of agriculture-
Total allocation for rural, agricultural and allied sectors for FY 2017-18 has been increased by 24 per cent year-on-year to Rs 1,87,223 crore (US$ 28.1 billion). A dedicated micro-irrigation fund will be set up by National Bank for Agriculture and Rural Development (NABARD) with a corpus of Rs 5,000 crore (US$ 750 million). The government plans to set up a dairy processing fund of Rs 8,000 crore (US$ 1.2 billion) over three years with initial corpus of Rs 2,000 crore (US$ 300 million).
The participation of women in Mahatma Gandhi National Rural Employment Gurantee Act (MGNREGA) has increased to 55 per cent and allocation to the scheme has been increased to a record Rs 48,000 crore (US$ 7.2 billion) for FY2017-18.
Short-term crop loans up to Rs 300,000 (US$ 4,500) at subsidised interest rate of 7 per cent per annum would be provided to the farmers. An additional incentive of 3 per cent is provided to farmers for prompt repayment of loans within due date, making an effective interest rate for them at 4 per cent.
Some of the recent major government initiatives in the sector are as follows:
The NITI Aayog has proposed various reforms in India’s agriculture sector, including liberal contract farming, direct purchase from farmers by private players, direct sale by farmers to consumers, and single trader license, among other measures, in order to double rural income in the next five years. The Ministry of Agriculture, Government of India, has been conducting various consultations and seeking suggestions from numerous stakeholders in the agriculture sector, in order to devise a strategy to double the income of farmers by 2022.
The Maharashtra State Agriculture Marketing Board (MSAMB) has operationalised 31 farmer-to-consumer markets in the state, and plans to open 100 more such markets in the future, which would facilitate better financial remunerations for the farmers by allowing them to directly sell their produce in open markets.
The Ministry of Labour and Employment plans to amend the Minimum Wage Act to raise the daily minimum wage of unskilled agricultural labour in C-class towns to Rs 350 (US$ 5.2) in the central sphere, from the current wage of Rs 160 (US$ 2.4) per day.
The Central Government plans to open at least one Krishi Vigyan Kendra in all districts of the country, which will provide advanced agriculture technical assistance to the farmers near their farms itself.
The Government of Karnataka plans to invest around Rs 1 trillion (US$ 15.1 billion) for developing irrigation projects across the state to mitigate the impact of deficient rainfall and resulting drought on agriculture in recent years.
The Government of India and the Government of Israel have expressed their commitment to further strengthen bilateral relations in the field of agriculture and allied sectors, as well as enhance cooperation at the government-to-government and business-to-business levels between the two countries, in a bid to further enhance the relationship.
According to the Agriculture Ministry, 50,000 hectares of area is available for coconut cultivation in Bihar, the Coconut Development Board plans to equip the farmers thus making India the world leader in production, productivity, processing for value addition and export of coconut.
Road Ahead
The agriculture sector in India is expected to generate better momentum in the next few years due to increased investments in agricultural infrastructure such as irrigation facilities, warehousing and cold storage. Factors such as reduced transaction costs and time, improved port gate management and better fiscal incentives would contribute to the sector’s growth. Furthermore, the growing use of genetically modified crops will likely improve the yield for Indian farmers.
India is expected to be self-sufficient in pulses in the coming few years due to concerted efforts of scientists to get early-maturing varieties of pulses and the increase in minimum support price.
Success Agri Startup in India
Unique Artificial Flowers
Artificial flowers owned by Natures Own Company uses hygroscopic paper, or paper that retains moisture, to give the flowers a natural feel. According to Ramachandrappa who owns enzymes formulation company in Bangalore says that the choice of hygroscopic paper to make the flowers was quite by accident. He has earlier worked with biotech companies like Biocon and Novozymes.
Natures Own has applied for patenting the technology and the cost of the paper has been worked out at $4 a kg. It claims that making any variety of flower is a distinct possibility and the longevity of the flowers will be anything between six months and one year.
It has set its sights on the US market to begin with, and plans to tap it by tying up with prime-time American florists and then gradually reaching the shelves of premium supermarkets and mass supermarkets.
Shelf Life
Kaushal Khakkar, Ramachandrappas colleague in the venture, feels that the product can be easily differentiated from artificial flowers We wish to position it as a premium product that will be retailed through supermarkets in the US, Khakkar says.
The flowers will have a shelf life of roughly six months after unpacking, claims Natures Own. Even after six months the moisture retention capability will still be there but due to the accumulation of dust and the normal wear and tear we are presuming that the appeal of the flowers will go down after six months, says Ramachandrappa.
According to the data pooled by the company, the world marketsize for flowers is $50 billion of which artificial flower market is pegged at $5 billion and the rest belongs to natural flowers. Natures Own sees competition emanating from natural flowers, artificial flowers and other gift items.
The company plans to market the flowers on the plank of low replacement cost and low opportunity cost for customers who will physically go and pick up the flowers for themselves. The company is eyeing institutional sales like hotel chains, corporate offices, airports and educational institutions to promote the flowers initially.
Emerging Trends
Another interesting trend that Natures Own is banking on is the mixing of natural flowers with artificial ones. This is a trend that is picking up, especially in hotels. Here too, the replacement cost is extremely low. With our flowers looking more natural we see artificial flowers constituting 60 per cent in a bouquet, says Ramachandrappa. The flowers can also be used as an aid in tissue culture because of their moisture retention capability. The flowers can be used as a substrate on which tissue culture propagation can be made as it is extremely sterile.
This property may come in handy for practising horticulture as saplings can be exported to countries like Australia, New Zealand and the US using the hygroscopic paper instead of soil. These countries prohibit the import of saplings bundled with soil to keep out foreign organisms.
EAST OR WEST INDIA IS THE BEST
Prity Khastgir is a techno-savvy patent attorney in India with 12 yrs++ of experience working with clients across the globe. Her areas of expertise are IP portfolio research, cross-border technology transactions, licensing agreements, product clearance, freedom-to-operate, patent infringement & invalidity analysis, research & opinions.
Currently, she helps startups to raise funds, assists foreign companies to find right business partners in India. She also assists enterprises to enter and find the right angels, and VCs in Malaysia, Singapore, US, UK, Japan and India. Here, she answers questions about IP career prospects in India, in her Face-to-face interaction with Reetu Mehta. Click Here
Disclaimer: This information has been collected through secondary research and IBEF is not responsible for any errors in the same.
