International Patent Research Workshop for Intrigued Genius Minds
Take your intelligence to next level. Welcome to the world of understanding innovations happening in cutting edge technologies across the globe. Learn more about current technology trends that will shape up economic disruptions across the globe. Learn more about innovations happening in the field of Artificial Intelligence, Cognitive Computing, understand use of chatbots, virtual agents, virtual assistants, wearables – augmented and virtual reality, IoT, Blockchain and other state of the art technology.
Albert Einstein, Thomas Alva Edison and Wolfgang Amadeus Mozart all were genius people in their lifetime.
Now what set these people apart from the rest and made them achieve what they did?
It’s pretty simple really: they all simplified the existence of existing laws and the way of seeing life in different way.
Every human is eligible to attain that height of being genius. CHOICE is YOUR whether to BELIEVE in YOUR IDEAS and #makeithappen
Imperfection is beauty, madness is genius and it’s better to be absolutely ridiculous than absolutely boring. – Marilyn Monroe
International Patent Research Workshop
Venue: Aerocity, New Delhi
Demystifying Patent Research Basics
The patent research workshop will cover holistic view of the legal viewpoint
As to how to perform patentability search?
How to perform state of the art searches?
How to perform validity patent searches?
How to perform Infringement searches and freedom to operate searches?
As a company it is important to understand the type of research which needs to be performed to identify the OPPORTUNITIES to create your own niche in the competitive market. For example, patentability search can be performed if any person or any innovator of a company has an idea or is doing a research.
WHEN to perform patentability search before filing a patent or after filing provisional patent application?
The company would like to know What is the SWOT analysis or in simple terms, identifying what are the different innovations or research which has already happened across the globe.
As a business owner knowing what happens in 2-3 years from now is a strategic move
When to protect intellectual property?
It’s very tough question to answer and it is not very easy to protect every creation of mind. Yes, there are some ways in which you can actually add some pointers and then file a patent application. Ideas are creation of mind and it might happen at one point of time the same idea is bouncing in multiple minds at neutron level across the globe.
First very important factor for an innovation to be PATENT WORTHY is that an idea should be new. New means that idea should be new concept all over the world not only in India. So the idea actually qualify for even being patent worthy is performing patentability research. Many patent databases are very helpful to perform the patentability. One example is WIPO which stands for world intellectual property organisation.
The WIPO database is worldwide patent database. Other important databases are espacenet, and USPTO.
Many times we get patent queries regarding what kind of patent databases are you using for performing your any kind of patentability or any kind of patent research?
Our BELIEVE is SIMPLE we use our intellect and use non paid patent tools.
Obviously, when you are using a paid database it is expensive. However, you are not using your intellect as a patent attorney or as a patent researcher to come up with ways and means to do your research in a manner which suffice the purpose of that particular invention or idea so that is very very important.
Over the years we have been able to find out better results by defining the kind of scope of work which we plan when we get a patent research query.
There is no STEP WISE MANTRA that would be applicable in all the patent searches. What is important is to analyse CRUX of the invention or the innovative features of the invention use your intellect as a patent researcher, and make the key strings.
What kind of strings will work better and if you have less time how to go about doing state of the art searches?
State of art search is basically talks about what kind of innovation already has happened in a particular sector. For example it can be a solar sector where by solar energy is being used to light up the lamp or it can be a LED sector where the technology relates to packaging of the LED to reduce the heat sink capacity.
However, what is important to understand what kind of approach or parameters are you going to take into considerations as a patent researcher.
KEY LEARNINGS FROM THE WORKSHOP
We will be discussing a lot on different kind of technologies. It is exciting to know that YOU don’t have to be an expert in a particular technology to do a patent research. Obviously, if you are a scientist or Phd in particular area it will take less time to understand the technology but at the same time as a patent researcher or as a patent attorney one should understand your job is to identify the innovative features.
Imbibing the acumen of a researcher and techno legal domain will is helpful when you are responding to office section response. The office action response is issued by the patent examiner and the patent examiner performs the search on a particular invention and will come up with objections so as a patent expert or patent attorney you need to respond to those objections. How to respond to office action response will be part of different workshop which we would be doing in the coming months.
How different kind of strategies can be applied as there is no one strategy which will be applicable to all patent searches but of course that key take away from the workshop would be that you would be able to understand what are the parameters you should actually look when you are doing the research.
Multinationals are coming in India so there is lot of job opportunities which are going to be there in near future and if you are already in the league of understanding how to perform patent research and can STRATEGISE a BUSINESS PLAN for the startup you get yourself a high package job.
You will be in a position to help the companies with their day to day activities whereby a lot of research is being performed by the scientists and many a times they have no clue whatsoever.
What kind of research is of prime importance?
What kind of research should be finished first?
What kind of research is being done by competitors?
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.