The popularity of electric vehicles has shot up over the last few years with a great shift in the public’s attitude towards electric vehicles and a constantly improving public recharging system. Electric cars and trucks are powered by electricity and are cleaner and cheaper to drive than conventional vehicles. With a rapid increase in the use of personal vehicles around the world, the demand for fuel is also increasing. Transportation accounts for about one-fifth of global energy use, and passenger vehicles account for about ten percent of energy-related carbon dioxide emissions. In such a scenario, electric vehicles hold significant potential for increasing energy security, cutting emissions and improving local air quality.
Electric vehicles is a broad term that refers to a wide range of cars and other vehicles. However electric vehicles are of following types:
Hybrid-electric vehicles are powered by an internal combustion engine system with an electric propulsion system to reduce fuel consumption and tailpipe emissions. These advanced vehicles cut fuel use and costs while maintaining performance, protecting public health and the environment.
Plug-in hybrids are hybrids with high capacity batteries that can be charged by plugging them into an electrical outlet or charging station for short-range travel on battery power alone.
Battery electric vehicle run entirely on battery power, utilizing chemical energy stored in rechargeable battery packs thereby producing zero tailpipe emissions. They are recharged from an electrical outlet.
Fuel cell vehicles uses a fuel cell instead of an electrical battery. Fuel cell electric vehicles are powered by hydrogen. Unlike conventional vehicles which run on gasoline or diesel, fuel cell vehicles combine hydrogen and oxygen to produce electricity, which runs a motor.
Electric vehicles have several advantages over conventional vehicles like electric vehicles are energy efficient and environment friendly providing performance benefits and reduced energy dependence. However the market of electric vehicles is still developing, and there are many battery related challenges, particularly with technology integration, optimization, and scale-up.
Recent Patents filed in the electric vehicle market:
Title: ALL ELECTRIC VEHICLE WITHOUT PLUG-IN REQUIREMENT
Assignee: WELSCHOFF, Heinz (1820 NE 56th Court, Fort Lauderdale, FL, FL, US)
Publication Date: 14 Dec 2017
An electric powered vehicle includes a battery pack capable of storing electric energy, A fuel engine operated with a clean fuel. A generator or alternator 126 having communication with the engine, and supply electric energy to the electric driving motor A starter of the fuel engine activates when a sensed charge of the battery pack falls to or below the DMF value. Included is a second 128 and third generator or alternator 130 in communication with the fuel engine during periods when no electrical communication exists between the EDM and the battery pack. The second and third generators maintain an electrical output to the battery pack until the battery packs are fully charged. Included is a rear generator or alternator 152 in communication with a rear drive shaft assembly, or differential, including a level orientation sensor and a rotational velocity sensor communication between an output of such communication enabled upon any downhill motion of the vehicle above a predetermined operational velocity determined by the velocity sensor. A second rear generator 156 is controlled by an accelerator pedal, rpm sensor, electric clutch and is activated when no pressure is applied by a driver upon the accelerator pedal, permitting charging of the battery pack by the second rear generator 156 only upon a condition of zero acceleration. A third rear generator 300 is activated by the brake pedal and brake pedal switch does charge the battery packs 102/104.
Title: ELECTRIC POWERTRAIN, TRANSMISSION, AND VEHICLE
The present disclosure relates to a powertrain (K) for driving a vehicle (C). The powertrain (K) comprises two powertrain modules (Y,Y’) comprising each a rotating machine (M,M’) and a transmission (T,T’). The transmissions (T,T’) are arranged to align their respective output shafts (S2,S2′) towards a common wheel axis (A1) for driving a pair of opposite wheels of the vehicle (C). The first rotating axis (A3), the second rotating axis (A3) and a central axis (A0) of the powertrain K are parallel and offset with respect to the each other and the first rotating axis (A3) and the second rotating axis (A3′) are mirror-symmetrically offset on opposite sides of the central axis (A0). In this way a compact and versatile design is achieved.
Title: RESPONSE AMPLITUDE MODIFICATION FOR HYBRID ELECTRIC VEHICLE MISFIRE DETECTIONS
Assignee: FCA US LLC (1000 Chrysler Drive, Auburn Hills, Michigan, 48326, US)
Publication Date: 14 Nov 2017
Misfire detection techniques for a hybrid electric vehicle (HEV) including an internal combustion engine and an electric motor involve utilizing a crankshaft speed sensor configured to generate a crankshaft speed signal indicative of a rotational speed of a crankshaft of the engine that is coupled to the electric motor via a flywheel. The techniques also utilize a controller configured to control the electric motor to provide a vibrational response to dampen disturbances to the crankshaft, receive the crankshaft speed signal, selectively modify the crankshaft speed signal to obtain a modified crankshaft speed signal, and detect a misfire of the engine based on the modified crankshaft speed signal and a set of thresholds including at least one of a negative misfire threshold and a positive vibrational response threshold.
Title: IN-VEHICLE STRUCTURE OF ELECTRIC-POWER CONVERTER
Assignee: TOYOTA JIDOSHA KABUSHIKI KAISHA (Toyota-shi, JP)
Publication Date: 14 Dec 2017
In an in-vehicle structure described in the present specification, an electric-power converter is fixed onto a transaxle and positioned in front of a cowl top. The electric-power converter includes a capacitor configured to restrain a high-frequency fluctuation in a voltage of electric power supplied from a battery, and a discharge circuit configured to discharge the capacitor. A connector (a signal connector) to which a wiring harness for communication of a discharge instruction signal to operate the discharge circuit at a time of a collision is connected is provided on a side face of the electric-power converter, the side face of the electric-power converter being facing in a vehicle width direction.
Title: Electric machine for a vehicle, in particular for a utility vehicle, and method for protection against ingress of water
Assignee: MAN Truck & Bus AG (Munich, DE)
Publication Date: 12 Dec 2017
An electric machine for a vehicle, in particular for a utility vehicle, includes a rotor mounted rotatably on a shaft and a stator surrounding the rotor, at least one device of the electric machine located in at least one pressure chamber which is subjected at least intermittently to an overpressure which is elevated with respect to the ambient pressure. The over pressure in at least one pressure chamber protects against ingress of water
Title: System and method for aggregating electric vehicle loads for demand response events
Assignee: Honda Motor Co., Ltd. (Tokyo, JP)
Publication Date: 12 Dec 2017
A computer-implemented method for aggregating electric vehicle loads for demand response events includes receiving a demand response (DR) event request from a utility system indicative of a DR event for an area. The DR event request includes at least one event parameter for participation in the DR event. The method includes determining a first original equipment manufacturer (OEM) DR event load for the area based on the DR event request and charging data received from electric vehicles associated with a first OEM. Upon determining the first original OEM DR event load does not meet the at least one event parameter, the method includes aggregating charging data from electric vehicles associated with a second OEM with the first OEM DR event load to determine an aggregated DR load for the area.
Title: Electric vehicle
Assignee: SUZUKI MOTOR CORPORATION (Hamamatsu-Shi, Shizuoka-Ken, JP)
Publication Date: 12 Dec 2017
An electric vehicle capable of efficiently and reliably cooling a power converter disposed inside an exterior. An electric vehicle includes a frame extending in a longitudinal direction, a power converter being long in the longitudinal direction along the frame, and an exterior extending in the longitudinal direction to cover the frame and the power converter, the exterior defining a cooling air path between the power converter to allow cooling air to flow through the cooling air path along the longitudinal direction. The power converter extends in the longitudinal direction in the cooling air path, and includes a plurality of heat radiation fins protruding toward an inner surface of the exterior, and the exterior includes an air induction port provided at a front end of the cooling air path to allow travelling wind to flow into the cooling air path.
Advice to budding Entrepreneurs For Protecting a Business Idea
Got a brilliant Idea? Already daydreaming about a groundbreaking business and becoming the next Bill Gates? But what if someone comes up with something similar?
Running a successful business is not a solo sport. We work with and through other people.
In order to get off to a flying start, an entrepreneur needs investors, vendors, employees and may be a partner or a mentor. Thus eventually you have to discuss your idea with the masses. But what if someone steals your idea?
Fear of getting the idea stolen is one fear that stops a number of people from starting a new business.
An individual with a fear of getting the idea stolen will move forward so slowly and cautiously that someone else who already thought of the same idea will move ahead. So how do you market your idea to the masses without having someone rip you off?
Here are certain things all budding entrepreneurs should consider while protecting a business idea.
1.Yes, a patent can help you remain competitive in your field and give you an edge on your rivals.
Technically ideas themselves cannot be patented. When you take an idea and turn it into an invention or process that meets specific criteria and requirements, it can be patented. But make sure your invention fulfills all the requirements to apply for a patent.
2. Consider the money involved in filing a patent.
Patent filing requires money. Patents have filing fees and maintenance fees over the life of the patent and a large amount of money is required for the defence of the patent. If your idea fulfills all the requirements to apply for a patent, and there are no other previously filed patents, then it’s time to apply for your patent. But before filing a patent make sure that the patent generates enough profit to justify the expenses associated with its filing.
It is advisable to seek legal counsel and advice before filing a patent and get patent professional involved for writing and filing patent.
3. When should you consider a Non-Disclosure Agreement (NDA) ?
There is no patent or copyright for an idea. If you really feel you’re onto something new and want to discuss it with some people, potential co-founders and contractors before you have been able to build it. In such cases, it is advisable to sign a Non-Disclosure Agreement (NDA).
A non-disclosure agreement (NDA) is a confidentiality contract between two parties.
According to the non-disclosure agreement (NDA), one party agrees with the other that if the latter party discloses to the former its idea and other confidential information, then the former will maintain its confidentiality for a specified period of time. If the former party were to breach this agreement, causing loss to the disclosure, then the disclosure has a remedy in being able to sue for breach of contract.
True, some people might not like the idea saying “Don’t you trust me?”, but there’s value in your invention only if you own and protect your idea. Moreover the agreement will also demonstrate the individual’s seriousness in commercialising the idea.
Putting copyright symbols by your business plan or logo is a good idea even if you aren’t sure you’ll ever go through the trouble of filing a copyright or a trademark.
It’s like putting a yard sign or a sticker that says your house is protected by a security system even if it’s not.
When people will see that copyright symbol next to your work, they won’t take the chance to burglarize.
5. Implementation of idea.
Ideas alone are not worth that much — it’s how they are implemented.
It is important to implement that idea into sustainable innovation.
“What makes the difference for successful businesses is not the idea alone. It’s the implementation of the idea, a commitment to delivering the products, services or information on a daily basis, that makes the difference.
It takes a lot of energy to run a business, It’s hard to get things done and it takes a lot of discipline. Also there’s no guarantee that any business will be successful. If you have an idea for a product, service or business, beat the odds and use your passion and energy, to figure out how to make it profitable.
At Tech Corp International Strategist (TCIS), we help Startups to Raise Funds & Assist Foreign Companies to find Right Business Partner in India. We assist enterprises to enter INDIA and find RIGHT Angels, and Venture Capitals in Malaysia, Singapore, US, UK, Japan and India. We believe that for protecting your innovation in India, your startup idea and our intellect is the perfect combination. Every business has a #strategy. We at TCIS facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point.
Strategic Business Move to Increase Startup Funding Opportunities
Our smile is your logo, your personality is your business card, how you leave others feeling after having an experience with you becomes your 🙂 #trademark #brandstrategy
I begin with an Idea & then it becomes something else -Pablo Picasso
Brand Can BE ANYTHING, So it is upto YOU WHAT do YOU want from YOUR BRAND
Remember “Trademark” is another way of referring to Brands.
To capture customer attention and make your business, products and services stand out, trademarks or brands are important commercial strategic tools. A Trademark is a unique symbol, picture, colour, shape or word used to identify or distinguish the goods of one seller from the goods of another seller.
By merely looking at the trademark, a customer immediately knows the company’s profile and business reputation and it is a driving factor in customer’s decision of buying a product or service.
Goods and services are classified into different categories based on the NICE Classification scheme (NCL)established by the NICE Agreement (1957). A trademark can be filed in one or more classes. The class and description of a product or service helps the trademark office identify similar marks that have been registered for related goods or services and can help identify potential trademark infringers.
“If everything seems under control, you’re not going fast enough.” ― Mario Andretti
A trademark filed or registered in a particular class will protect your trademark only in the class in which trademark is filed. A trademark can be filed in one or multiple classes. In India, a trademark can be filed in multiple classes within the same application.
However, it is advisable to file the same brand in different trademark class application which is more convenient.
22, 25, 28, 32, 35, 37, 39, 41 and 43.
Important Definition of Trademark Classes
Definition of Class 9
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Definition of Class 16
Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; artists’ and drawing materials; paint brushes; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers’ type, printing blocks.
Definition of Class 18
Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for animals.
Definition of Class 22
Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and substitutes therefor.
Definition of Class 25
Clothing, footwear, headgear.
Definition of Class 28
Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
Definition of Class 32
Beers; mineral and aerated waters and other non-alcoholic beverages; fruit beverages and fruit juices; syrups and other preparations for making beverages.
Definition of Class 35
Advertising; business management; business administration; office functions.
Definition of Class 37
Building construction; repair; installation services.
Definition of Class 39
Transport; packaging and storage of goods; travel arrangement.
Definition of Class 41
Education; providing of training; entertainment; sporting and cultural activities.
Definition of Class 43
Services for providing food and drink; temporary accommodation.
India is on the verge of a huge transformation from a developing country to a developed country and energy is considered as one of the key requirements for economic development of a country.
As India is advancing on its path of development, its energy demand is expected to rise at a Compound Annual Growth Rate (CAGR) of 3.5% till 2040.
Liquified Petroleum Gas (LPG) is used in India as the cooking fuel. As per the estimates of International Energy Agency (IEA), India houses 800 million people who do not have access to clean cooking fuel.
In view of the above , Pradhan Mantri Ujjwala Yojana (PMUY) was launched by the government of India in May, 2016 under which 5 Cr LPG connections are distributed to households which are Below Poverty Line (BPL).
According to the recent data available, India imports a million tonnes of LPG (60% of total LPG requirements) every month to meet the increased demands of LPG which costs billions of dollars.
India has large coal reserves which can be used for the production of methanol using coal as a feedstock and can play an important role in order to contain the rising imports and energy security of India.
Government of India is also promoting the gasification of coal to methanol that can be used as a cooking fuel.
The main aim to produce methanol using coal is to decrease the dependence of India on Middle Eastern producers like Saudi Aramco, Qatar’s Tasweeq, Abu Dhabi National Oil Co. and Kuwait Petroleum Corp. and save billions of dollars which are spent on the import of LPG.
China is the leading producer of methanol in the World that accounts for the 55% of the global methanol production. China produces 70% of its methanol from coal as it has the third largest coal reserves in the World.
India has the 5th largest coal reserves in the World and thus can contribute significantly to methanol production.
According to a research at Tech Corp International Strategist (TCIS), India, we researched patented technologies to produce methanol from coal . US patent number US 4430096 filed on 8 March 1982, pertains to a method of production of methanol using a slagging gasifier using solid carbonaceous material like coal.
Gasifier contains a gasification chamber having an upper and a lower wall inlet. Upper wall inlet for feeding coal and a lower wall inlet for introducing gas in the chamber.
Coal is heated and converted to ash and the gases released are mixed with water to form a gaseous quencher output comprising hydrogen, carbon monoxide and water. A catalyst converts hydrogen and carbon monoxide into methanol. This method converts coal almost exclusively to methanol and was given by Conoco Inc. (Wilmington, DE).
US patent number US 20020159929 filed on 29 Feb 2000. In this method, Methanol is synthesized from a gas produced through gasification of biomass serving as a raw material, making use of a biomass feeding means for feeding biomass into a furnace main body and, located above the biomass feeding means, combustion- oxidizing- agent- feeding means for feeding into the furnace main body a combustion-oxidizing agent containing oxygen or a mixture of oxygen and steam.This method was given by Mitsubishi Heavy Industries, Ltd. (Tokyo, JP).
We at TCIS (Tech Corp International Strategist), India help in providing market research analysis for the leading technologies in the market. We have vast experience in Share Market, Stock Market, Finance, Business Development, Marketing & sales. To know more, schedule a call today we are always ready to help you.
“Sarahah” has been Viral. The app has been a trend in few days. You would have surely come across this app named Sarahah.com in some way or the other unless you are living in a nutshell!!!
“Take up one idea. Make that one idea your life — think of it, dream of it, live on that idea. Let the brain, muscles, nerves, every part of your body be full of that idea, and just leave every other idea alone. This is the way to success.” – Swami Vivekananda
Sarahah was created to take positive feedback anonymously. The sharing of ‘feedbacks’ on social media & the user engagement clearly shows the Virality of this app. In a way it brought out multiple sides of human sentiments.
From “constructive feedback” to “being a victim of cyber bullying” you would have seen it all in past couple of hours.“It’s not about ideas. It’s about making ideas happen.” Sarahah has been able to engage users universally, but there are certain take home lessons for startups that they should take care of while building a product or service. Building a startup is a very tough and long term process. You have to think for long term Sustainability and Scalability.
“Entrepreneurship is neither a science nor an art. It is a practice.” – Peter Drucker.
What we can learn from success of Sarahah.com “Do’s”
1) WOW Marketing (Word-OF-Mouth)The purpose of a business is to create a customer who creates “customers”.”WOW Marketing” is when a consumer’s interest for a company’s product or service is reflected in their daily dialogues. Best of the companies in the world have used this strategy and this is the best marketing strategy a product can get. So you need to create “a product so good“ that after using it, people would share it in their social circles.
If you see it in the case of Sarahah- The trend was set by some early users who wanted to take feedback about themselves by sharing good or interesting feedbacks on Facebook. This encouraged other users to try this app!!!
2. User-friendliness of the product/service
One thing that should always be considered is the userfriendliness of the product. The product should be so simple and instinctive that it can be used with an equal proficiency by a child or an adult wheather or not the individual is a “Tech-Savvy”
It’s easy to make things look hard but hard to make things look easy.
Most of the startups want to build a product with multiple features to enable more users to use it. But a product loaded with multiple features would confuse the user.
Sarahah is extremely simple to use. A feedback seeker has to simply create an account and share the URL – that’s it. A feedback giver has to merely write the feedback in plain simple text.
3. Emotions make us human
“The greatest fear in the world is of the opinions of others. And the moment you are unafraid of the crowd you are no longer a sheep, you become a lion. A great roar arises in your heart, the roar of freedom.” ― Osho
Sarahah became viral because people want to take & hear positive feedback / positive things / good things about themselves as it would make them feel“valuable”.A user should be able to connect with the product/service at an emotional level. In that case he/she will surely use it – atleast for once.
What NOT TO DO while building a Startup.
1). Build Real Value for the Customer
While building a startup take care that you are solving a real problem and delivering real value to the customer.
“Don’t find customers for your products, find products for your customers”
In order to build repeatitive engagement, target a group and solve some real problem that your target group is facing. Websites like Sarahah are build to capitalize Human Emotions. They will be able to attract a lot of people to use them but for a small period of time. But as an entrepreneur, you should think whether you want mere Users or Customer?
“Be genuine. Be remarkable. Be worth connecting with”.
2. Trends Come & Go, Startups Stay
When you are building a company think about the “long term goals”. User Retention, Active Users and Repeat Rate are very important factors for a startup. Make sure that your product/service is able to engage users for a longer period of time and there is a repeat rate, else your product might go viral, but will be useless in the long term. Just like Sarahah, 100s of things go ‘viral’ and become popular very quickly, but then they sputter out with the same speed.
“Strive not to be a success but rather to be of value”- Albert Einstein
3. Money is the Oxygen for your company
A business is nothing without its clients. Whether you provide product or services, you won’t survive unless individuals or other businesses retain their interest and are willing to pay to use the product / service continuously.
Monetization happens when you are able to deliver real value to the customers because the customers will never hesitate in paying for the value he/she is receiving.
“Making money isn’t hard in itself …. What’s hard is to earn it doing something worth devoting one’s life to”- Carlos Ruiz
In the haste of building a company, early stage entrepreneurs do one common mistake! They do not think about building a rock solid revenue model. Even though apps like Sarahah go viral but they don’t have a monetization model built in them which is ok for a short period of time but it’s deadly in long term.
“The Entrepreneur always searches for change, responds to it and exploits it as an opportunity”- Peter Drucker
The effort required to launch a new venture can seem daunting. Do your research, pick everyone’s brain, find a mentor that’s experienced in entrepreneurship, review business case studies and focus on delivering real value to the customers.
At Tech Corp International Strategist (TCIS), we help Startups to Raise Funds & Assist Foreign Companies to find Right Business Partner in India. We assist enterprises to enter INDIA and find RIGHT Angels, and Venture Capitals in Malaysia, Singapore, US, UK, Japan and India. We believe that for protecting your innovation in India, your startup idea and our intellect is the perfect combination.
Every business has a #strategy. We at TCIS facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point.
Co-founder maybe your best friend, your next of kin or any close relative, at the beginning you may kick off really well but as the time will pass you would need to draw a line and form boundaries between the personal life and the professional life.
Even though you can still operate and manage your startup without any formal written Agreements, but there is always a risk in the long run, especially when differences arise between the founders with regards to running the business or any other account and at that point of time one always regrets not having executed written Agreements clearly spelling out the terms and conditions that we wish to put in place.
Co-founders’ agreement is a contract between co-founders of an entity, laying down the ownership pattern, investments, their roles and responsibilities etc.
WHY NEED A CO-FOUNDER AGREEMENT?
The agreement acts as safeguard to protect the interest of each co-founder in the case of dispute and also to develop an understanding among the partners with regarding the functioning and management of the company and thus making it legally binding on them through an agreement.
In case, a start-up decides to operate through a partnership, one must meticulously draft a partnership deed with an endeavor to encapsulate all situations beginning from the establishment up to the dissolution of the partnership.There are various essentials which are to be kept in mind while drawing up the co-founders’ agreement:
Definition of business as to defining the potential venture of the company:
1.Ownership that deals with equity shares and percentage or number of shares held by each partner. Co-partners have the pro rata voting rights in order to define ownership. Pro rata is the “share to be received or an amount to be paid based on the fractional share of ownership, responsibility, or time used”.In case there are different arrangements then veto power is considered instead. Veto power. Further, contribution and role of co-founders should be taken into account and it depends upon the investments made and the intellectual property bought.
The criteria for deciding the ownership can be defined by :
Rule of N: Division of interest based upon the number of founders.
Basis of effort or capital contribution: (whether financial, social, intellectual or any other kind)- This method is more suitable in terms of ‘fairness’. For example: if founder A has brought the idea and finance and Founder B has brought the ability to work hard and devote time then a greater proportion of economic interest can be in favor of Founder A.
Vesting: Conditions or circumstances under which the company gets the right to buy back shares should be mentioned. Such as after passage of time, occurrence of certain events, or performing of assigned tasks.
Departure and dis-ownership: The procedure of dealing with the shares of a leaving co-founder is defined under this clause. It could be stated that the entity will have the preferential right to buy back the shares. In a small group of founders it is not a major concern but it becomes important for the investors.
2.Roles and responsibility: The role of each co-founder must be clearly defined.Decision making for settlement of conflicts Arbitration clause Intellectual property right: The clause states that every IP developed belongs to the company and not the individual creating it.
3.Amendment: The co-founders agreement should not be altered or amended without the consent of all the co-founders. Such consent must be in writing and signed by each and every one of the co-founders. Moreover, this clause should clearly state that without the consent of the co-founders, that too in writing with the signature of all co-founders, none of the clauses in the agreement shall be waived for whatever reason may be. Hence this clause makes it clear that there shall not be any amendment or waiver without the explicit consent by all the co-founders in writing.
4.Non-compete: The clause ensures that founders do not branch out and start their own business and compete with organization.
5.Confidentiality: The clause ensures and imposes obligation on the co-founders to keep sensitive business related matter confidential.
6.Non-solicit: The clause ensures that when founder leaves, he or she should not solicit clients or employees of business to their entities.
These clauses and essentials ensure that the co-founders’ agreement is governed and executed without any or limited risk to the co-founders
Other legal procedures in order to carry out fair business between the co-founders.
Starting a new business is an exciting time in any entrepreneur’s life especially when the co-founders are friends. However, Co-Founders are often so busy building and running their new business that they skip a hugely important step, the Co-founder Agreement. You are a co-founder and would like to clearly set out the equity participation in your new business. This agreement safeguards you in the case of a dispute, as it can provide protection to show what the co-founder agreed too.
A business can be operated without any formal agreement but to prevent the long term risks, it is preferred to follow some legal procedures to carry out fair business between the co-founders.
Article of Association: It is defined under Section 2(5) of the Companies act, 2013. The articles of a company that contains regulations for the management of the company. This document is confined to the applicability of the provisions of the companies act, on private or public limited company, as the case may be.
Memorandum of Association: It is defined under Section 2(56) of the companies act, 2013. The MoA binds the area of operation of the company in respect to the objects mentioned therein and any decision or actions taken in contravention of the MoA shall be void. A company cannot run any business contrary to the main objects mentioned in their MoA. It provides for the limitation on the power of the members and the company. It also deals with both that is affirmative and negative.
LIABILITY CLAUSE: Section 4(1)(D) (i) & (ii) defines the nature of liability of members in case of a dispute.
Effect of AOA and MOA: Members bound to the company, each member is to observe the provisions of the articles and memorandum.
DISPUTE RESOLUTIONIndia has a common law system and therefore, the system is adversarial and offers opposition, so both parties must prove their case.
A co-founder dispute is governed and filled under the civil matter so the standard of proof is on a “preponderance of probabilities” which the greater weight or the probability of the evidence that persuades a judge to lean to one side as opposed to other, during the course of litigation.Generally the main dispute resolution method in India is the court litigation and arbitration.
It is a consensual and effective method of resolving commercial disputes. It allows disputing parties to settle their disputes outside of a national judicial system by referring to a private system of adjudication.
Arbitration agreement is a pre-condition for commencement of arbitral proceedings. An arbitration agreement may be a clause in a contract or a separate agreement to arbitrate all or certain disputes which have arisen or may arise is respect of a defined legal relationship, whether contractual or not.
Every civil or commercial dispute, either contractual or non contractual which can be decided by the court, is arbitrable. However, many contracts do not contain arbitration clause, so the parties must either use court litigation or alternative dispute resolutions such as conciliation, mediation, dispute adjustment board or court-annexed dispute resolution mechanism.
Conciliation is one of the non-binding procedures where an impartial third party, known as the conciliator, assists the parties in a dispute in reaching a mutually agreed settlement of the dispute.
Conciliation is a better dispute resolution when it comes to co-founders’ dispute because:
The conciliator takes the responsibility of getting the disputants to engage in a discussion. Neutrality staves off discussions from assertions and counter-assertions of blame, and guides parties towards solutions that would serve their interests and that of the project. Discussions that the conciliator undertakes separately with each of the disputants enable them to identify measures and solutions to the problems.
Conciliation has the additional benefit of accommodating other concerned parties in the discussions.At the end of these discussions, all the parties aim to arrive at an agreement which will be the basis for the project going forward.
Conciliation is non-binding — there is no compulsion on the parties to settle on terms that they are not happy with or find unworkable.
Importantly, it is also non-binding in that a party can also opt out of conciliation talks, if it finds that resolution is delayed. In fact, it is this voluntary feature of conciliation that makes the process compelling.
Our team at TCIS, India consists of experienced professional patent researchers, patent strategists, law experts and mediators who are experts and have experience in performing more than 2200+ patent searches in all technological domains.
Our technological THINKING GEEKS experts provide their assistance to gain a clear perspective over technical as well as market difficulties that Your PATENT may face while launching and entering into a country.
We at TCIS, India have a well renowned team of Lawyers of Delhi/ NCR who have vast experience of more than 12++ years.
We at TCIS, India have inspiring and tireless mediators who have successfully completed mediation in disputes related to co-founder disputes, company disputes, mediation is website ownership, trademark infringement, commercial disputes, patent infringement, intellectual property disputes, disputes in corporate sectors and trademark commercial disputes.
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How do you Patent a Business Idea for a Fruitful Startup Business Strategy ?
Creativity is inventing, experimenting, growing, taking risks, breaking rules, making mistakes and having FUN. -Mary Lou Cook
How do you Patent a Business Idea for a Successful Business Venture?
An IDEA IS CONCEIVED by the genius mind to solve existing problem. The word “invention” is termed to the idea conceived at the ideation stage when the inventor is able to solve existing problem in the market. Problem can be personal or can be applicable to the large masses.
When a business entity like Fortune 100 company is able to resolve existing technology in the same domain the problem is UNIVERSAL and applicability is worldwide.
We as innovators and inventors are programmed to understand different patterns existing around us. CHANGE is EVERYWHERE and inevitable truth of LIFE. As an inventor or a startup we should realise the importance of protecting innovative ideas.
DO YOU have a GREAT IDEA for a SUCCESSFUL Business Venture?
So, if the ANSWER is YES…YOU have already taken the first step to protect your idea for a successful business !!
Now you must be wondering what if someone else comes up with something similar. BEST SOLUTION to such thoughts is to Patent a Business Idea.
Patent a Business Idea in India * Patent a Business Idea in USPTO
Technically, you can’t patent an idea for a business. For example, if you have a unique idea for an online store or a new chain of themed restaurants. However, you may be able to protect and patent a method of doing business and solving a problem– if it meets very specific patent criteria and patent requirements.
Ideas are valuable and throughout history innovative ideas have been copied or stolen by the third parties.
Instead of letting other business entity go away with your great INNOVATIVE IDEA and make a fortune $$$$$$, you as an inventor or innovator should protect your idea by filing a patent.
Patent a Business Idea
Technically ideas themselves cannot be patented. When you take an idea and with intangible force turn the idea into an invention or process (PROTOTYPE is ready) that meets specific patent criteria and patent requirements. Irrespective whether the idea is small or big, the innovation can be protected by filing patents which is a form of intellectual property right. YES, IDEAS can be patented with the right intent and content will be prepared by our THINKING GEEKS at TCIS, India.
A patent can help you remain competitive in your for 20 years field and give you an edge on your business rivals.
According to YOUR invention / idea YOU can apply for a Utility patent or an Industrial Design patent
Utility patents in USPTO are granted to inventions that pertains to a new and useful process or useful improvements of a process, machine, article of manufacture or composition of matter.
Design patents are given for new and original designs for an article of manufacture. Under industrial design protection the ornamental looks of the article can be protected. The timeline for registration in India is nine months from the date of the industrial design filing in India.
FOR A SUCCESSFUL STARTUP BUSINESS VENTURE HAVE A PROPER INTELLECTUAL PROPERTY STRATEGY IN PLACE:
Patent a Business Idea
As an inventor, you can file a provisional patent application or a non-provisional patent application before the patent office in home country. As an innovator you can write provisional patent and file provisional patent application in a quick way to protect your invention if it is in the abstract / prototype stage.
The provisional patent application will establish an early patent filing date. But a patent will be issued only after a non-provisional application is filed for the same within an year of filing a provisional application with a complete set of patent claims.
UNIVERSAL INTELLECTUAL PROPERTY PATENT STRATEGY
YOUR invention “SHOULD ” be Novel, Non-Obvious and should have industrial technology application”
If your idea with proper elements fulfils all the patent requirements to apply for a patent, and there are no other previously filed patents claiming the same elements in the patent claims, then it’s time to apply for patent before the patent office.
Patent writing and patent filing work is intellectual in nature. Hire and select your patent attorney wisely. From a strategic business point it is advisable to seek legal counsel and patent advice before filing a patent and get patent professional involved for writing patent claims and file patent before the patent office.
Indian Patent filing & International Patent filing involves the following patenting steps:
Action Plan Strategy Step 1: Pen down your invention with as much detail as possible including drawings/ diagrams that explain the working or concept of invention.
Action Plan Strategy Step 2: Next step is to find out if the invention meets all the patentability step criteria for the country in which the patent application has to be filed.
Action Plan Strategy Step 3: Writing patent and drafting the provisional patent / non-provisional patent application with patents depending on the stage of your invention. If you are at the stage where you have complete information about your invention then you can directly go for complete specification.
Action Plan Strategy Step 4: Up on patent filing the complete patent specification along with application for patent, the patent application is published after 18 months of first patent filing date.
Action Plan Strategy Step 5: A patent request for examination is filed after which the patent application is examined by a patent examiner and the examiner issues a first examination report to the patent lawyer representing the patent client.
Action Plan Strategy Step 6: The inventor and patent professional create and send a response to the examination in order to clear all the objections of the patent examiner.
Action Plan Strategy Step 7: After all the patent objections are explained and the patent examiner is of the view that the patent can be granted for the invention a formal letter is issued to the patent inventor. The patent is granted by the patent office and is published in the patent journal.
Pharmaceutical based Inventions Filed before the Indian Patent Office
The patent examination guidelines for pharmaceutical based inventions cover the following points:
1. Patent Claims Of Pharmaceutical Inventions which includes Markush claims
2. Comprehensive patent search strategy for conducting prior art search by the Patent Examiner
3. Definition of “invention” under section 2(1)(j) of the Indian Patent Act
4. Assessment of Novelty aspect of the invention
5. Assessment of Inventive Step
6. Industrial applicability of the technology
7. Subject matter of Inventions which are not patentable
8. Sufficiency of description, clarity and support of the patent claims in the specification
9. Unity of invention
Patent Search Strategy for Pharmaceutical Inventions:
Comprehensive patent search strategy will be followed by the Indian Patent examiners. The patent search strings will include a combination of various search parameters.
The search parameters will be a combination of keywords, International Patent Classification (IPC), and compound searches. Thorough prior art search is expected to be carried out in patent as well as non-patent databases.
Pharmaceutical Compounds can be searched and identified from the various databases:
a) Molecular formula and structural formula searching;
b) Name searching using IUPAC nomenclature;
c) Compound searching using CAS Registry Numbers;
d) Generic name searching (INN); and
e) Search using International Patent Classification (IPC)
Many a times pharmaceutical compounds which are derivatives of known compounds having established pharmaceutical activities are claimed in the patent specification in the form of generic names (International Non-Proprietary Names, INN). In such cases, the patent examiner will search the prior art with INNs prior art search string. Moreover, in numerous pharmaceutical based inventions the patent applicant claims the second use or an indication in the form of a product claim of an already known pharmaceutical compound or a new form of a known pharmaceutical compound.
Even though, the patent examiner can seek information about the INN of the said pharmaceutical substance claimed in the patent application from the patent applicant there are chances that the conclusions drawn from the information provided may mislead the patent examiner. In my view, the Indian patent examiner can find out more information about the International Non-Proprietary Names by analysing data from the Electronic Orange Book.
Prior Art Search Strategy for Conducting Drug Patent Search in India
Search on Electronic Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations
Search String based on
Therefore, prior art patentability search for patents covering (International Non proprietary Names – INN) as listed in the USFDA Electronic Orange Book should be taken into consideration. However, the Orange Book only provides US patent data. The patentability search can be extended and this information can be further used to conduct patent family searches on EPO website. Further, patentability search can be performed by analysing forward citation and backward citation of the identified patent specifications.
Biological Material and Micro-organism Deposit Details to be Disclosed in the Indian Patent Application
If the invention relates to a biological material which is not possible to be described in a sufficient manner and which is not available to the public, the application shall be completed by depositing the material to an International Depository Authority (IDA) under the Budapest Treaty. The deposit of the material shall be made not later than the date of filing of the application in India and a reference of the deposit shall be given in the specification within three months from the date of filing of the patent application in India. All the available characteristics of the material required for it to be correctly identified or indicated are to be included in the specification including the name, address of the depository institute and the date and number of the deposit.
Every business has a #strategy. We at TCIS,India facilitate the process of identifying Key issues and help amplify business goals of any business (short term goals and long term goals). Everything is simple we tend to complicate and use heavy words to prove our point. We at TCIS believe in BASICs.