einfolgetechnologies
einfolgetechnologies
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einfolgetechnologies · 5 years ago
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Intellectual Property Rights : A smarter way to reform education sector
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einfolgetechnologies · 5 years ago
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Intellectual Property Rights : A smarter way to reform education sector
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einfolgetechnologies · 5 years ago
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Intellectual Property Rights : A smarter way to reform education sector
Universities and public research institutions are among the direct contributors towards innovation and research, particularly in emerging economies.
Universities and public research institutions are among the direct contributors towards innovation and research, particularly in emerging economies. The potential pool of talent for innovation in these economies also emanates largely from educational institutions and research institutions. Off late, the significance of Intellectual Property Rights (IPR) in higher education has been widely recognized. This could be credited to the National IPR Policy approved by the Union Cabinet in May 2016, which was the first-ever IPR policy framed by the Government of India.
The primary focus of this Policy is towards promoting innovation and creativity, especially amongst entrepreneurs and in higher education institutions. The Policy brief specifically mentions synergizing all forms of IPR, concerned statutes and agencies for tapping the creativity and innovative energies in India with a special emphasis on start-ups and educational institutions.
The University Grants Commission (UGC), the nodal authority for determining and maintaining of standards of university education in India, issued a letter for inclusion of the Intellectual Property Rights (IPR) as a generic elective subject under the Choice Based Credit System (CBCS).
In addition, the National Institutional Ranking Framework (NIRF), a ranking system adopted by the Ministry of Human Resource Development (MHRD), ranks institutions of higher education in India. These rankings act as a mechanism for the institutions to include promoting innovation, research and development while assessing their performance beyond academics. One of the parameters considered while ranking and which is significant to our discussion is Research and Professional Practice that includes IPR and patents - both published and granted, by students and faculty members which has a weightage of about 15 marks. Publications and patent applications have been found to be highest from engineering and technology institutes. The ranking of top educational institutions was found to be proportional to the number of applications filed for patents. There has been a significant increase in the applications filed for patents and also research publications compared to the previous two years since the first announcement of this ranking system in 2016.
But the awareness of Intellectual Property Rights is limited to higher education institutions. IP awareness should be made a part of the curriculum in schooling. This will ensure that an effort at ingraining IP awareness in the education systems begins at an early stage.
Regrettably there are numerous key segments which have minimal awareness about the benefits they can accrue by protecting their rights. A recent study conducted by Einfolge, a Global leader in Patent & IPR and market research solutions, reveals that segments such as Design Patents, Geographical Indication (GI) and Trade Secrets need more attention to get the benefits of IP rights.
In 2018 Einfolge conducted a conceptual study on ‘Intellectual Property: Rights, Need and Awareness’ and it reveals that majority of respondents (Students, Scholars, Teachers and Managers), coming from 203 educational institutions from Karnataka, Tamil Nadu, Kerala and Telangana were not fully aware about the benefits of IP and other related issues. The respondents had minimal awareness about the monetary benefits of acquiring an IP right, commercialization of acquired IP rights, the legal troubles that one might land after using a pirated product.
It was disappointing to note that nearly 35% respondents were still not aware about the IPRs though they belong to an intellectual class. Hence, the lack of awareness raises an alarm. Among the group which was relatively more aware were mostly the ones who just think as part of their course. Real understanding of IP and its value was 5% only.
The responses also pointed out that most people are not aware of the existence of an IP department in their college and more than 70% people in institutes have no thoughts of registering an IP, this shows that they have minimal awareness of the benefits that they would gain from IP.
The Study recommends that to fulfill the need of spreading awareness about IPRs, the budding professionals/entrepreneurs and other stakeholders need more information, orientation and facilities for protecting their intellectual powers.
Einfolge conducted the survey both online and offline among students and technical staffs to know how knowledgeable they are on Intellectual Property Rights.
From the responses, it’s good to know that Intellectual Property Rights have been made as a part of the curriculum. Even though the knowledge on IPRs is spreading through awareness programs and curriculums, we can identify few areas which need attention to spread awareness on key areas such as Design Patents, Geographical Indication and Trade Secrets.
(Author Binod Singh is Co-founder and Director at Einfolge Technologies Pvt Ltd, a patent analytics and market research company. Views expressed here are personal)
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einfolgetechnologies · 5 years ago
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Evolution of US Software Patent Law
Grant of software patents has been an ongoing and challenging topic that is discussed for over a decade. The software patent laws are amended and is being evolved based on various case laws handled by the US courts. Some of the mile-stone case laws that have impacted the decision for getting patents for the software applications are discussed below.
As per Section 101 of 35 U.S Code, 1952 (US Patent Act, 1952) provides that: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent thereof, subject to the conditions and requirements of this title.”
However, there are exceptions with respect to this section, namely, laws of nature, natural phenomena and abstract ideas. Any claims wholly falling under any of these exceptions shall be ineligible for patent protection.
Mile-stone US Case Laws:
The first software patent that was filed was for a process patent in the year 1972 (Gottschalk v. Benson). The process is about converting the binary-coded decimal numerals into pure binary numerals on a general-purpose digital computer using an algorithm. The process patent was then rejected by the court based on the following lines:
A series of mathematical calculations or mental steps does not constitute a patentable “process” within the meaning of the Patent Act.
In the year 1978, a software patent was filed related to updating alarm limits to trigger alarms during a catalytic conversion process. The invention was mainly about computing and setting a mathematical formula for adjusting the alarm value. The court rejected the proposed invention as the only novel feature of the method and is associated with a mathematical formula used to adjust the alarm value.
As per 35 U.S.C 101 of the Patent Act, mathematical formula alone does not constitute a subject matter for patentability.
In the year 1980, a patent application was filed by Diehr for a process of molding raw, uncured synthetic rubber into cured precision products. The proposed invention was allowed on the following basis:
A physical machine or a process of making use of a mathematical algorithm that involves “transforming or reducing an article to a different state or a thing” is an eligible subject matter for patenting even if it includes a software component.
In the year 1998, protection for a business method was proposed by Signature Financial Group. The proposed invention was considered as one of the first judicially recognized software patents. The court allowed the grant of the patent based on the following basis:
Any application that produces a useful, concrete and tangible result can be patented.
In the year 2014, a patent application for protecting a method to check the fund in the user’s account to fulfill a contract was filed. However, the application filed for this method was rejected on the following basis:
Any abstract idea that does not result in transformation of results does not constitute a patentable subject matter.
The above-mentioned case laws provide pointers for analyzing whether a software application is allowed for the grant of the patent or not as per the US case law.
Original Source: https://www.einfolge.com/blog/evolution-of-us-software-patent-law/
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einfolgetechnologies · 5 years ago
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Patent filings prove Indian start-ups are no longer copycats
Indian start-ups filed a whopping 909 patent applications in 2017, up nearly 15 times from the meagre 61 filed a year earlier, per Department of Industrial Policy & Promotion data.
The rise in filings, which have been rapidly increasing since the announcement of the Startup India program in 2016, is an indication that these firms are no longer “mere copycats” of successful Western ventures.
“This is a marked departure from the ‘me too’ culture. To scale up or get funded, start-ups need to differentiate themselves from others and one method is to create IPs (intellectual property rights), and one mode of creating an IP is getting a patent. The other method is building a successful product,” said Vidhya Shankar, Executive Director at Grant Thornton India.
Most of the companies Business Line spoke to declined to be identified or go on record ahead of their patent applications being published (in the Indian Patent Office’s journal) or being granted, terming them as “trade secrets”.
They were willing to reveal that patents were generally filed for technology, software, hardware, cleantech, healthcare, agri-tech and processes, among others.
“Earlier the laws were rigid, but now most of them have been relaxed for start-ups. The government had modified patent rules and made them similar to those in the US, which has resulted in most start-ups now filing IT-enabled patents such as in e-commerce and online,” said Binod Singh, Director of Einfolge Technologies (ipr firms in india & patent analytics company).
Increasing value
“Venture Capitalists (VCs), who are increasingly investing in start-ups, are prefer to pump money into start-ups that have filed patents. If a patent has been filed, it means that the project has some innovation, which will result in increased market value. Further, getting a patent would also put these companies in the Ivy League of Silicon Valley start-ups,” he added.
Last year, Asadel Technologies — a video analytics and enterprise safety company — filed a patent for blockchain security in video surveillance and analytics.
“A lot of start-ups are not just into inviting something, but looking at making their products and services more affordable. For example, companies are also filing patents for simple processes they have invented,” said Parthasarathi Guha Patra, founder of Asadel.
Ref Article: Patent filings prove Indian start-ups are no longer copycats
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einfolgetechnologies · 5 years ago
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According to Ruhan Rajput, Director, Einfolge Indian Pharma Inc shifts to high gear in filing patents
Indian pharma is thinking beyond generics and is investing considerably in developing new drugs and filing patents. This change is attributed to the post 2014 drug patent guidelines and facilitation by the Indian government for promotion of innovation, manufacturing and developing India as drug hub, according to Ruhan Rajput, Director of Einfolge (patent firms in india). In an email interaction with Nandita Vijay, he elaborates the current patent scene in the country and challenges the company's face. Excerpts.
In the wake of the government’s efforts to drive innovation and R&D, how would you describe the current scene for patents in India? Controller General of Patents, Designs and Trademarks (CGPDTM) under the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry has shown consistent growth over the years. This year, India witnessed an enormous surge of about 30 percent in filling of intellectual property applications compared to the previous year. But in comparison with countries like China, India is still lagging. The Global Innovation Index, 2017, ranks India 60th out of 127 economies where China is at 22. Clearly, India’s innovation performance is abysmal. Proposals for strengthening India’s inventiveness have been made by public policy experts, notably, the World Bank and (World Intellectual Property Organisation (WIPO). Suggestions fall into three broad categories: one is to create and support world-class universities. The second is to cut bureaucratic red-tape, and the third is to foster an entrepreneurial culture.
Recently the Indian Pharmaceutical Alliance had appealed to USTR to remove India from Priority Watch List. Your comments? In the last few months there have been many developments which are a pointer to the fact that Indian pharma is thinking beyond generics with a big change in approach. They are investing a lot in developing new drugs and are also aggressively filing patents. This change is attributed to many factors. One such is the post 2014 drug patent guidelines and facilitation by the Indian government for promotion of innovation, manufacturing and developing India as a drug hub. India being one of the biggest consumer markets of drugs due to its high population brings in a lot of competition among the players. Besides domestic pharma, there are also global majors who have made huge investments in R&D and filing patents globally.
What do you have to say about the objections to grant of patents and patent-related litigations in various courts in the country? A patent is an exclusive right granted to the original inventor for a novel product or a novel process that provides, a unique way of doing something, or which discloses a new technical solution to a problem. It provides monopoly rights to the inventor to make, sell his invention or product. Hence it is essential that patent is only awarded to those innovations which justify the exclusive right and comply with the patentability criteria. Opposition proceedings are structured to restrain wrongful obtaining of patents and claiming of the frivolous or petty inventions. Laws provided under Indian Patent Act for pre-grant and post grant of patent are essential to obstruct the unlawful grant of patent. Under Indian Patent Act, there are two provisions when opposition may be filed either via pre-grant opposition or post-grant opposition provision depending upon the stage of the patent.
Do you feel that Evergreening of patents is a bane to the pharma industry? In recent times, it has become a practice by innovator companies to extend the patent term of their innovative molecules to maintain market dominance. The extension of the monopoly term ‘Evergreening’ is a predominant aspect of pharmaceutical patenting. Evergreening refers to different ways wherein patent owners take undue advantage of the law and associated regulatory process to extend their IP monopoly particularly over highly lucrative ‘blockbuster’ drugs by filing disguised/artful patents on an already patent protected invention shortly before expiry of the ‘parent’ patent.
In India, under the Patent Act 1970, the term for a patent is given for 20 years. The Trade Related Aspects of Intellectual Property Rights (TRIPS) agreement also provides for a minimum length of 20 years for any patent. At the same time, Article 1.1 of the TRIPS agreement recognizes every party’s right to implement more extensive protections in their laws. Free Trade Agreements (FTAs) allow for an extended patent term in cases where an unreasonable delay occurs in granting the patent which is Article 15.9 of the Central America Free Trade Agreement (CAFTA) that is also compliant with the TRIPS agreement.
From a global perspective how does Indian pharma appear in patent filing? India is a leading producer of generic medicines and caters to the most developing nations by providing lower-priced drug formulations. The industry is also one of the leading filers of abbreviated new drug applications (ANDA) in the US and supplier of finished formulations to the European region. However, it is generally observed that the Indian patent scenario is not robust and is witnessing lower number of patent applications despite the tremendous growth in terms of market presence.
What are the challenges that you see in patent filing by India? The new patent regime in India has raised several contentious issues relating to the right for health, which is in conflict with the economic right of patent holders. It is also likely to restrict access of allopathic medicines to only the affluent, affordable and more privileged class in India and other countries in the immediate future. The institutions associated with enforcement and protection of right to health of human beings whilst upholding the rights of patent holders are faced with the daunting task and challenge of devising ways to fulfill their defined, roles so that the conflict in rights of intellectual property owners and health of human beings is minimized whilst balancing the prevailing hierarchy of human rights to achieve the social and economic objectives.
Could you dwell on Einfolge expertise in pharma patents? Einfolge has a dedicated team related to pharma patents. We have also collaboration with another US pharma contract research organisation: Pharmasci. This brings on table the expertise of their talents who have had many years of industrial R&D, especially in process development for active pharmaceutical ingredients (APIs).
We have plans to expand to the US, Europe, China and Japan. These are the biggest markets for pharma patents. We plan to double our employee strength in next two years and a chunk will be pharma experts.
We see a big potential in near and long-term on advanced medical care related technologies and innovation will be a key to all such developments. We are gearing up to excel in pharma and healthcare to handle critical analysis and projections
How important is pharma in the company’s growth plans and what are your future efforts to increase presence in this space? Pharma is one of the key sectors of the economy. We are targeting 25 percent of our work from the pharma sector. We regularly participate in the annual Indian pharma -medical devices expo organised by Government of India. Besides this, we aim at collaborations with pharma focused institutes and research centres. A number of research institutes are contacting us for collaborating on various fronts including educating their staff and students on IPR matters, supporting them in protecting and monetizing the crude research and help them to take it to industry level. In future, we are also planning collaborations with medical research centers, medical device pioneers to shape further strategies in IP protection for the pharma sector. We are also planning to organise pharma patent camps in collaboration with other strategic partners for highlighting our expertise and excellence.
Original Source: Indian Pharma Inc shifts to high gear in filing patents
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einfolgetechnologies · 5 years ago
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Protect what you produce
A huge number of small and medium enterprises (SMEs) in India are reported to be losing millions in revenues due to lack of awareness about intellectual property rights. About 40,000 IP applications are filed in India annually and multinational corporations, leaving a sizable number filed by SMEs, file 85 percent of these. In the developed world, owing to high awareness levels, small entrepreneurs approach venture capital and private equity funds to meet the expenses incurred on cost of protection, enforcement and commercialization of IPRs. In India, the lack of awareness among small players effectively denies them the fruits of the intellectual property they create.
Every start-up, lean or not, needs to plan for success. If your start-up starts to scale quickly, a strong IP portfolio will be vitally important to your ability to play the long game. The world's largest innovators, including Google, Microsoft and Apple, seem to agree. They reinvesting top dollar to ensure that their corporate IP portfolios are diverse, rich in innovation, and allow them to hedge against many possible futures.
What should start-ups do to protect their IP assets?
Make time to get smart on intellectual property. Educate yourself and team on the basics of trademarks, copyrights, patents, and trade secrets. Investing a day or two early on will save headaches later.
Patent what is important to others, not just you.
Reduce costs by doing your own IP searches first. Start with a Google patent search.
Work with an attorney who specializes in intellectual property and ask for a fixed rate to file.
Save money by working with a patent attorney from different geography. The cost savings may be upwards of 50%, and sometimes more.
Patents aren’t your only asset. Conduct an audit to identify all your registered and unregistered trademarks and copyrights.
Invest in well-written non-disclosure agreements (NDAs). Make sure your employment agreements, licenses, sales contracts and technology transfer agreements all protect your intellectual property too, right from the get-go.
File as fast as you can. A patent application holds your place in line. You will have 12 months from that initial submission to expand upon your filing.
Investigate international patents if key competitors are outside the country.
Think hard about the future. From your vantage point, what does the future look like? Use this information to devise your patent strategy, and to figure out which of your work needs to be legally protected. From there, your patent applications should flow.
Source: Protect what you produce
About the company: Professional ipr firms in india with good quality dedicated services.
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einfolgetechnologies · 5 years ago
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Business planning using Patent Searches
A state of the art search is performed to generate a thorough review of any fresh technology or product. Preferably, such kind of search is performed prior to budgeting any patent search. In most ventures, these search results influence the choice and the capital assessment for such fresh technology. The state of the art search reviews patent documents as well as non-patent literature that is generally available online. The amount of information gathered and the number of documents extracted during such a search process is usually high in number. As per this search process, it is performed based on assignee names, inventor names, and codes pertaining to different patent classifications. Finally, when the list is generated, a user can easily retrieve information regarding close competitors in the relevant field and the technology expertise that’s available in the market. This generated list of patent results can be studied graphically using charts and diagrams to understand the extent of the technology, and such graphical representation is known as patent landscape analysis.
The patent landscape analysis graphically depicts the co-relation between patent publications. However, apart from state of the art searches, if a user specifically wants to perform a patent landscape analysis on a certain product or technology, then a patent landscape search is done to meet this need. A decision for a patent landscape search differs as per the requirement of the user, and are usually aimed at the type of business and the region of business execution. The patent landscape search evaluates the loopholes of patent security in the relevant technology field, and enables a user to compare patent portfolios amongst multiple competitors. Therefore, the patent portfolio analysis helps to understand the patents owned by individual competitors and is normally performed depending on the purpose and degree of search.
Original Source: Business planning using Patent Searches
Related Articles: https://www.einfolge.com/blog/
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einfolgetechnologies · 5 years ago
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Why to Outsource Your Patent Work?
If you run a business especially with a dedicated R & D center, then most likely you will have an innovation which qualify for a patent. As you know getting a patent for your company requires dedication, core skills, time and budget. The alternative to recruiting an expensive in-house patent researcher and patent drafter is to outsource the patent works and get it done by an expert.
In this new economy, there are dedicated service providers who can provide you with a unique combination of strategic insight, deep industry expertise and technology advancements. All you have to do is to find the right Patent Services Partner. The service provider will have in-house dedicated experts. They have a systematic approach to the patent work and assign it to a dedicated team of experienced and trained analysts to work on your requirement. Outsourcing is both cost-effective as well as time-saving.
If you are still not convinced, this article will help you to understand the benefits of outsourcing the patent work:
Get Fresh Perspective:
From inside of your company, it can be quite hard to get a fresh perspective on your patentable innovations. An experienced patent service provider will be able to guide you and be able to portray the overall invention in a much systematic and broad prospective way.
2. Benefit of Clear and Professional Guidance:
A Professional Patent Service Provider will provide an objective insight to the patent search, they can see the micro differences that lies between the closest patent available and the invention. Similarly, the drafting will always guide to cover the patent broadly and see the infringement angle is tightly covered.
3. Get your Patent draft ready on time:
Only the proper written specification will avoid unnecessary troubles at the examination stage and will get you the desired patent protection. After identifying the main focus area, the underlying words and terminology will represent the focus area with proper specification and terminology. And all these is achieved in a timely manner much faster than even you think of.
4. No Worries for the Quality:
You can put an end to the bad quality by outsourcing your work to the right people as they will follow the stringent guidelines, specification and terminologies when it come for drafting the right patent.
Securing a patent always calls for time and money so it’s always better to do it thoroughly and in the right way with quality checks.
5. Why Choose Us (Einfolge Technologies the best ip firms in india):
We offer a whole gamut of patent search services and IPR services tailored according to the specific needs of Corporates, Law firms Universities, SMEs, Individual Inventors and Research scientist.
We at Einfolge Technologies provides a wide range of knowledge solutions across various domains. Our Solutions include Patent and IPR, Market, Business Research, Clinical Data Management and Legal Data Assessment.
We help clients to streamline operations, reduce cost and enhance business efficiencies through our expert solutions. We offer personalized and customized services with strict adherence to deadlines and follow International guidelines and constant client interaction.
Ref article: Why to Outsource Your Patent Work
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einfolgetechnologies · 5 years ago
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Why Startups Need to File Patent at An Early Stage
Patents play a major role in getting funds for startups, especially the tech ventures. Venture capitalists evidently favour tech startups with patent-pending innovation. Patents increase the prospect and quality of merger, purchase or sale of a corporation or an initial public offering. This incentivizes investors to fund start-ups opting for patents. Moreover, patent portfolios are used as defensive strategies to discourage patent infringement claims.
While Applying for a Patent, Mull Over the Hazards
When decidingon applying for a patent, take a look at your invention and mull over the risks of not patenting it against the costs of doing so. The best approach is to appraise alternatives for IP protection before publicly disclosing the idea (e.g., pitch competitions, crowdfunding campaigns, launches, trade shows, etc.). Find a startup patent lawyer who understands your state of affairs and is ready to assist you in developing a patent strategy that takes care of your funding and acquisition goals.
According to VinayShraff, Advocate, Supreme Court, High Court, Tribunals, it is a chicken-and-egg quandary for startups that are cash-strapped. “While they require capital to invest in protecting the IP, the investment can secure them with more funding,” informed Shraff.
Today, we have organisations and individuals who understand the hurdles faced by the startups and have initiated many customized solutions, largely reducing the cost for filing of the patent. They help the startups right from doing initial research till filing of the product patent.
Not Filing the Patents on Time can Put Your Innovation At Risk
Binod Singh, Founder of Einfolge Technologies Pvt Ltd, a Bangalore based company has been protecting the innovations of many startups and government institutions through customized solutions in patent and IPR. Singh feels there has been an increase in filings of patents by the start-ups. “While interacting with many such startups, we have noticed that a good number of them have risked their invention by not filing the patents on time,” he shared.
Here are Singh’s views on the advantages of filing the patent at early stage-
Bolster Investor support-Venture Capitalists favor big investments in start-ups that have already filed the patents. These give them the confidence that innovation has got real value and potential.
Early filing protects the date of first to file for any start-ups. As we know, publicizing your invention at any time before filing a patent application could put your intellectual property rights in jeopardy.
Product Development boost- Getting a grant on patents gives a boost to create the product at a much accelerated pace. Nowadays startups aim for the global market. So, how quickly you go to the market is very important. Startups need to be aggressive in their market outreach plan and this can be facilitated by protecting their patents.
Minimize competition — Getting a patent grant at an early stage helps the start-ups to stand tall among the many players. It also dithers others to do what you are doing as the sword of infringement hang if you have a granted patent.
“Many banks and financial institutes allow patent as an asset guarantee for loans. So it goes the ways — ‘Early filers are the Winner’s”, he added.
Make Costs and Marketing Considerations
Patents are regional and you will succeed in stopping competition only in the country in which you file and hold a patent. If your innovation has market potential abroad, it will be necessary to budget for the cost of applying for a patent in your target countries.
“But before that, you need to counterbalance this expenditure against the patented item’s anticipated revenue over the lifetime of the patent,” warns Raghav Kanoria, Founder and Partner at Neoleap Business Ventures LLP, and Co-founder at Calcutta Angels Network.
Original Source: Why Startups Need to File Patent at An Early Stage
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einfolgetechnologies · 5 years ago
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Why Patent filings in agriculture sector is much less?
According to a recent study by Einfolge, out of total 5448 patent applications in agriculture sector, maximum number- 2880 came from agrochemicals sector during the last three years
Compared to developed countries like USA, the number of patent filings in agriculture sector is much less however the Indian agriculture sector is witnessing gradual increase in patent activities, a recent Study reveals.
During 2014–2017 India Patent Office received 5448 patent applications from the Indian Agriculture Sector and majority of them were filed in agrochemicals segment such as Biocides, Pesticides, Herbicides, Pest Repellents and others, according to a recent Study conducted by Einfolge, a Patent and Market Research Organisation.
The Study recently conducted by Einfolge to understand the trend of Patent activity in agriculture sector especially when so much is talked about Skill India and Made in India. The Study was for the period 2014 to 2017. Based on findings, it reveals that 5448 patent applications were filed in the Indian Patent Office for the said period and it is no coincidence that the top 10 countries on the World Economic Forum’s Global Competitiveness Index (GCI) score highly in the ‘innovation’ parameter.
According to the Study, agrochemicals sector leads the pack with 2880 patent applications, followed by Animal husbandry (775 Applications); Tissue culture technique (488 Applications); Horticulture and forestry (404 Applications). Other segments include Harvesting & mowing (213 Applications); Planting, Sowing & Fertilizing (194 Applications); Soil Machinery (159 Applications); Threshing & Storing (93 Applications). The Study says that despite ongoing White Revolution Dairy Products segment received only 48 applications in the last three years. “Besides only four applications were filed for Shoeing of animals’ related innovations. These numbers are much lesser than what is filed in USA or other developed economy where agriculture plays a crucial role,” it reveals.
Commenting on the findings of the Study, Ruhan Swain Rajput, Director, Einfolge said, “Innovation is the key of advancement of any field of technology and it holds true for the agriculture sector also. The eco-system talks only about farmers loan waiver schemes and agricultural products players have focussed on Biocides, pesticides etc. But nobody has thought about permanent solutions which can be fulfilled by innovations, which is in terms of agricultural machinery tools and techniques (planting, harvesting, threshing and storing techniques). There is a dire need for innovation in the field of Agriculture.”
“Efficiency has always been at the heart of any innovative undertaking, and each invention invariably leads to an increased level of productivity and economic growth,” he emphasized.
India’s GCI ranking of 40 can be significantly improved with a growth path focused on innovation. A recent report by PwC examined India’s potential growth through innovation under three scenarios: investment in human capital, in physical infrastructure, and in innovation. It concluded that the maximum gain can be derived from investments in innovation.
Even as India has made the large strides in increasing food security, the sector remains constrained by low productivity, excessive dependence on Monsoon and weather conditions, continuing fragmentation of land and preponderance of fragmented markets. However, the government has engaged in fresh thinking on the development of the agriculture sector, but India is still lagging behind in terms of innovations and protecting indigenous technologies through Patent process.
Ref Article: https://www.ruralmarketing.in/industry/agriculture/why-patent-filings-in-agriculture-sector-is-much-less
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einfolgetechnologies · 5 years ago
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Innovation in Fabrics: a way to better future
When we ask people to imagine what the world will be like in 20 years, we hear a variety of answers, from flying cars to people living on Mars. But when we think about the future, we get excited to imagine the future of the fashion. The roots of what will be the future of fashion are already growing with artificial intelligence, machine learning and advances in blockchain and cryptocurrencies.
As clothes become cheaper and more disposable, the fashion industry has explored how to create clothes for rapidly growing populations while protecting the planet. From fabric out of food, beer bottles and more to dying with air, Lab-grown leather, clothes that grow and a tech take on crafting a truly circular economy are among the hot innovations. Here are few example which could give you glimpse of the next level fashion.
Sustainable Sting
Kenya’s ‘Green Nettle Textile’ tackles sustainable fashion and looks to boost local economy in one fell swoop. Using stinging nettles as a raw material — the resilient and low-maintenance plants grow easily in the region — the stalks are turned into a linen-like (sting-free) fabric, and the leftovers are turned into paper and dyes. People use the root and above ground parts as medicine. Using nettles in producing fabric was astute given that the plant grows in Kenya and used for nutritional and medicinal purposes. After the Kenya Bureau of Standards certified the plant in 2009, farmers in Kenya started betting on its newfound commercial capabilities. Green Nettle Textile is now proving an extension of that dynamism, hoping to grow the stinging plant in barren areas to make an environmentally-friendly alternative to conventional fabric and create income for farmers.
Clothes That Grow with the child
Children grow around seven sizes in their first two years of life, leaving parents endlessly playing catch-up with wardrobes and landfills full of baby clothes that have hardly been worn. A UK-based brand “Petit Pli” creates clothes that grow and expand with the child, minimizing waste. Inspired by origami and space engineering, these designs are as playful as the little humans they are designed for. Petit Pli’s recycled, versatile & rainproof garments are embedded with a patent pending structure that allows them to grow bi-directionally to custom fit children from 9 months to 4 years of age. These designs are a desirable way to be sustainable & encourage sustainable values in the next generation. The concept of Petit Pli is built upon using materials sustainably. Petit Pli’s designs significantly reduce waste and CO2 emissions at the point of production, distribution and after purchase. These garments grow up to 7 sizes — that’s 1 Petit Pli garment purchased in place of 7 traditional ones.
Lab Leather
Vegan diet is a new fancy in affluence class but have you heard about vegan leather? Well, it’s a reality now. A Peruvian brand “Le Qara” is using flowers and fruits to make leather. This innovation, derived from exotic Peruvian flowers and fruits, makes it possible to mimic virtually any desired leather texture, colour, toughness or thickness. The material, grown from microorganisms in a biotech lab, is produced in the same industry standard sizes as conventional leather, making the switch to this vegan alternative an easy and obvious decision for the eco-minded. And since the material is 100% biodegradable, the remains from the recycling process can be used as a liquid compost. In short, this invention is a zero-waste solution that saves money, energy and lives.
Besides demanding the lives of millions of animals each year, conventional leather production is harmful to the environment due to the toxins and heavy metals used for tanning. Tanning also requires large amounts of water, often a scarce resource around the globe.
Fabric Out of Milk, Tea, and Coffee Beans
Milk, tea and coffee tend to stick together…but not like this. As the high-tech sector is taking off in making fashion more sustainable, other, more-humble, technologies are just as innovative — and really, really cool. Case in point: Food products being turned into wearable commodities.
German microbiology-student-turned-designer Anke Domaske uses milk to make an “Eco Milk Fiber” called QMilch. High-tech sports clothing company Virus uses recycled coffee beans for their Stay Warm line of cold-weather performance apparel.
Dying with Air, Saving Gallons of Water
Developed in California by Colorep, AirDye works with proprietary dyes that are heat-transferred from paper to fabric in a one-step process. This can save between seven and 75 gallons of water in the dying of a pound of fabric, save energy, and produces no harmful by-products. The technology uses 85 percent less energy than traditional dying methods.
Digital Printing
With Digital Printing, prints are directly applied to fabrics with printers, reducing water usage by 95 percent, energy reduction of 75 percent, and minimizing textile waste. This technique has been used by designers like Mary Katrantzou, Alexander McQueen and Basso & Brooke.
Plastic Bags and Beer Bottles Finding New Life
Recycled synthetics, made with everything from plastic bags to beer bottles continue to make a splash. In much the same way that other materials and bamboo are transformed into thread, the upcycled synthetics are broken down into a fine particulate, melted, and extruded into fiber. For example a jeans can be made by using a mix of 25 percent bottle fiber and 75 percent cotton, the resulting material is soft to the hand, yet is durable and performs as denim should.
As consumers are becoming increasingly aware and clothing manufacturers are stepping up to more environmental accountability, technology is taking off — and there have been huge advances. These are few example of the patented technologies which are creating a path for the sustainable future.
As a pioneer in Patent and IPR solutions company, Einfolge provide a wide range of knowledge solutions across various domains including fabric and textiles industry.
We do Patent search services, Patent Analytics, Patent writing filing Services, Patent design services, Docketing services, and Trademark/Trade dress services.
Original Source: Innovation in Fabrics: a way to better future
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einfolgetechnologies · 5 years ago
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Patent filings prove Indian start-ups are no longer copycats
Indian start-ups filed a whopping 909 patent applications in 2017, up nearly 15 times from the meagre 61 filed a year earlier, per Department of Industrial Policy & Promotion data.
The rise in filings, which have been rapidly increasing since the announcement of the Startup India program in 2016, is an indication that these firms are no longer “mere copycats” of successful Western ventures.
“This is a marked departure from the ‘me too’ culture. To scale up or get funded, start-ups need to differentiate themselves from others and one method is to create IPs (intellectual property rights), and one mode of creating an IP is getting a patent. The other method is building a successful product,” said Vidhya Shankar, Executive Director at Grant Thornton India.
Most of the companies Business Line spoke to declined to be identified or go on record ahead of their patent applications being published (in the Indian Patent Office’s journal) or being granted, terming them as “trade secrets”.
They were willing to reveal that patents were generally filed for technology, software, hardware, cleantech, healthcare, agri-tech and processes, among others.
“Earlier the laws were rigid, but now most of them have been relaxed for start-ups. The government had modified patent rules and made them similar to those in the US, which has resulted in most start-ups now filing IT-enabled patents such as in e-commerce and online,” said Binod Singh, Director of Einfolge Technologies (ipr firms in india & patent analytics company).
Increasing value
“Venture Capitalists (VCs), who are increasingly investing in start-ups, are prefer to pump money into start-ups that have filed patents. If a patent has been filed, it means that the project has some innovation, which will result in increased market value. Further, getting a patent would also put these companies in the Ivy League of Silicon Valley start-ups,” he added.
Last year, Asadel Technologies — a video analytics and enterprise safety company — filed a patent for blockchain security in video surveillance and analytics.
“A lot of start-ups are not just into inviting something, but looking at making their products and services more affordable. For example, companies are also filing patents for simple processes they have invented,” said Parthasarathi Guha Patra, founder of Asadel.
Ref Article: Patent filings prove Indian start-ups are no longer copycats
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einfolgetechnologies · 5 years ago
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IP has become a new age sensation
Intellectual property has become a new age sensation among people across the world. People talk about intellectual property rights. The entrepreneurs, businessmen, institutions and almost anyone in this world who runs business is concerned about their intellectual property rights (IPR). It can be said that the free market economy and innovation and technological advancement is fuelling the growth of the field of intellectual property rights.
The importance of intellectual property rights can be attributed by the fact that the developed economies like United States of America, China, Japan, and the OHIM/ European Union Intellectual Property Rights are at the forefront. Innovation, intellectual property, and the protection on one hand and the business on the other are inter-dependent and are important for the innovation driven economy. IPR can be said to be THE DIFFERENTIATING FACTOR helping the customers identifying and distinguishing the products when it comes to a particular sector. The rise of the Google, Facebook, Uber in the US markets and all over the world and their contribution to world economy proves the necessity of intellectual property in business.
Prominent examples of IPR
People identify different products with the help of various logos but does not understand the intrinsic value or importance of the same. IPR in itself can be called to be the identity of an organization or an individual. IPR can be of different types ranging from trademark to shapes and designs. For example — The Uber logo is unique and therefore is an identity of the business. The same is true with Indian Railways, Delhi Metro Rail Corporation, MobiKwik, Quickheal, BMW, TATA Group etc. The logos are an identity and the popularity of the same can be manifested by how people connect to these logos. The uniqueness and innovativeness of the design for every company is the USP of the particular company. These logos are primarily involves the trademark aspect. The peculiar shape of a bottle of an alcoholic beverage or a lighter or a packaging (otherwise known as trade-dress) can be considered as prominent examples of intellectual property rights. IPR helps in distinguishing products of same nature produced by different brands.
How to protect your innovation?
You’ve recently invented a great product and are thinking of protecting this brilliant idea before someone else steals it. Then all you need to do is to file a patent application.
A patent is a legal protection given to a person so that the invention can be made available to the public. A person to whom a patent is granted can prevent others from using, selling, or reproducing their invention. However, if the inventor does not apply for the grant of a patent, they cannot claim such privileges and will not be competent to file a legal complaint when someone profits their invention.
How to get patent for your invention?
Any person looking to get a patent will have to apply for it. However, before making an application, the inventor must ensure the patent is for something new. No patent will be granted for an invention that has already been disclosed to the public in any form. For example, when the US granted a patent for “turmeric” to the Mississippi Medical Centre in 1995, India challenged the grant claiming turmeric was used in India for centuries as a spice and wound healer.
It is not just important that the invention is new, it must be useful as well. This means that the invention must be capable of being made or used in some industry.
Lastly, an invention by any person in any field of art should be of such a nature, that a person who is skilled in the art to which this invention relates cannot easily replicate it with no special effort. Basically, it has to be ‘non-obvious’ in nature.
Who can file a patent application?
The inventor.
An assignee to whom the inventor has assigned the rights to file the patent application under a legal contract.
A legal representative of a deceased person who immediately before his death was an inventor.
Where to apply for a patent application?
If you fall into any of the categories mentioned above, then you can apply for the grant of a patent at the Indian Patent office or its branches, in whose jurisdiction either you reside or carry out your principal business.
Original Source: IP has become a new age sensation
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einfolgetechnologies · 5 years ago
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Traditional Knowledge and IPR
While there is not yet an accepted definition of TK at the international level, it can be said that: TK in a general sense embraces the content of knowledge itself as well as traditional cultural expressions, including distinctive signs and symbols associated with TK.
When community members innovate within the traditional knowledge framework, they may use the patent system to protect their innovations. However, traditional knowledge as such — knowledge that has ancient roots and is often informal and oral — is not protected by conventional intellectual property systems. This has prompted some countries to develop their own sui generis (specific, special) systems for protecting traditional knowledge.
It is not so-called
Traditional knowledge is not so-called because of its antiquity. It is a living body of knowledge that is developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity. As such, it is not easily protected by the current intellectual property system, which typically grants protection for a limited period to inventions and original works by named individuals or companies. Its living nature also means that “traditional” knowledge is not easy to define.
Why we should protect traditional knowledge?
Traditional knowledge holders face various difficulties. In some cases, the very survival of the knowledge is at stake, as the cultural survival of communities is under threat. External social and environmental pressures, migration, the encroachment of modern lifestyles and the disruption of traditional ways of life can all weaken the traditional means of maintaining or passing knowledge on to future generations. There may be a risk of losing the very language that gives the primary voice to a knowledge tradition and the spiritual world-view that sustains this tradition. Either through acculturation or diffusion, many traditional practices and associated beliefs and knowledge have been irretrievably lost. Thus, a primary need is to preserve the knowledge that is held by elders and communities throughout the world. Another difficulty facing traditional knowledge holders is the lack of respect and appreciation for such knowledge.
How we can protect traditional knowledge?
Traditional knowledge should be afforded effective protection especially in developing and underdeveloped countries. Such protection should primarily be with regards to, firstly, the recognition of the rights of the original traditional knowledge holders and secondly, the unauthorized acquisition of rights by third parties over traditional knowledge. Due to the prevailing trends of globalization, a great degree of international coordination and cooperation is necessary to effectively protect and develop traditional knowledge and any such protective strategy needs to consider the community, national, regional and international dimensions. Further the mechanisms sought to be implemented with regards to traditional knowledge must give subjective consideration to the original holders of the knowledge. Economic aspects of development need to be addressed by such mechanisms. Most importantly such protection should be affordable, understandable and accessible to traditional knowledge holders.
Systems of traditional knowledge protection
There are two forms of intellectual property related protection systems with regards to traditional knowledge. They are:
Positive protection: Giving traditional knowledge holders the right to take action or seek remedies against any misuse of traditional knowledge. Any system of positive protection of traditional knowledge must provide for:
- Recognition of value and promotion of respect for traditional knowledge systems.
- Responsiveness to the actual needs of traditional knowledge holders.
- Repression of misappropriation of traditional knowledge and other unfair and inequitable uses.
- Protection of tradition based creativity and innovation.
- Support of traditional knowledge systems and empowerment of traditional knowledge holders.
- Promotion of equitable benefit sharing from use of traditional knowledge.
- Promotion of the use of traditional knowledge for a bottom up approach to development.
Defensive protection: Safeguarding against illegitimate intellectual property rights acquired by third parties over traditional knowledge. Any system of defensive protection of traditional knowledge must provide for:
The criteria defining relevant prior art apply to the traditional knowledge.
A mechanism to ensure that the traditional knowledge constituting prior art is available and accessible to search authorities.
It is suggested that these two approaches should be undertaken in a complementary way as a comprehensive approach to protection of traditional knowledge is unlikely to rely totally on any one form.
Legal concepts for the protection of traditional knowledge
Certain other legal concepts for traditional knowledge protection are:
Prior Informed Consent: As per this principle traditional knowledge holders should be fully consulted before third parties use their knowledge.
Equitable Benefit Sharing: This principle prescribes the balancing of the interests of the right holders and the general public.
Unfair Competition: Unfair competition means any act of competition contrary to honest practices in industrial or commercial matters and includes various acts that mislead the public or cause confusion. This principle allows for action to be taken against false or misleading claims that a product is authentically indigenous, or has been produced or endorsed by, or otherwise associated with, a particular traditional community.
Patents: When practitioners innovate within the traditional framework, they can use the patent system to protect their innovations.
Distinctive signs: Such signs include trademarks, collective marks, certification marks and geographical indications. Traditional signs, symbols and terms associated with traditional knowledge may be protected as distinctive marks.
Customary laws: Customary laws, protocols and practices are the ones which define how traditional communities develop, hold and transmit traditional knowledge.
Some examples of traditional knowledge are:
Use of plao-noi by the Thai traditional healers to treat ulcers.
Use of the Ayahuasca vine by Western Amazonian tribes to prepare various medicines.
Use of hoodia cactus by the San people to stave off hunger while out hunting.
Original Source: Traditional Knowledge and IPR
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einfolgetechnologies · 5 years ago
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De-Coding the New Indian IP Law
Several measures have been taken to ensure the continuous and unending improvement of the Indian IP ecosystem in the country. To this effect, the Department of Industrial Policy and Planning (DIPP), Ministry of Commerce & Industry, Government of India, has formulated a multipronged strategy to develop an Intellectual Property regime in the country to promote creativity and to develop the culture of respect for innovations and creativity.
Measures taken to create a strong and vibrant IP regime in India are:
Modernization of administration: Creation of a highly transparent, e-enabled, efficient and accessible IP ecosystem in India that provides legal certainty to the industry.
A. Human Resources: An additional 1033 plan posts have been created, including 666 posts for Patents & Designs and 367 posts for Trademarks and GI at various levels.
B. Ease of access: The IP system embarked on its e-journey by introducing the complete electronic processing of Patents and Trademarks applications through specialized modules. To cater to the immense flow of the papers filed, a single central server at IPO Delhi is in place. Since India has a unique intellectual property office wherein there are 4 patent offices and 5 trademark offices, there is need for strong intra-office connectivity. The system is unique in itself since there is automatic generation of application numbers as also automatic allotment of the request for examination which is sequential and thus transparent and user-friendly.
Online e-filing facilities- Comprehensive online e-filing facilities for patent and trademark applications were introduced in 2013–15 which provided the stakeholder 2 major advantages. First, an applicant can file an application virtually 24x7 and secondly, applications can be filed from the comfort of their workplace/ homes.
Comprehensive payment gateway- The IPO allowed the e-filers the facility of using debit cards, credit cards and internet banking. E-filers were given the facility of using debit cards, credit cards and internet banking of over 70 banks for making payment of fees for all forms.
10% rebate on online filing- To encourage online filing of the applications, a 10% rebate on online filing of applications and documents has been introduced; online filing has jumped from under 30% to over 80% in just a year.
Transparency and dissemination of information: The official website provides vast information relating to patents, trademarks, designs and geographical indications. The real-time status of IP applications with entire file wrappers and e-registers is now open to the public, providing a strong tool to the public that can now be an integral part of the IP system. An innovative tool, showing the stock and flow of patents and trademarks applications at every stage of its processing, has ushered in transparency.
Fee Concession for MSME: MSMEs account for 45% of total industrial production and the total contribution of MSMEs to India’s GDP is 38%. To encourage them to innovate and seek protection for their inventions, a 50 % fee reduction has been provided for MSMEs.
Madrid Protocol: The operationalization of the Madrid protocol for international protection of trademarks provides the user the facility of protecting his trademark in 90 countries by filing a single application in one language with one set of fees filed at the Trademarks Registry.
International Search Authority and International Preliminary Examining Authority: India has been recognized by the World Intellectual Property Organization as the 17th International Search Authority and International Preliminary Examining Authority in the world. It began its operations in 2014. India prides itself on providing quality reports at the lowest cost among the international players like USPTO, EPO, JPO etc. At present it has been recognized as ISA/ IPEA for nationals of Republic of Iran.
C. IPR Awareness Programmes: Awareness creation is one of the major planks of the modernization scheme of IP system, as this will educate the stakeholders about the benefits of registration of their rights as also educate the general public, particularly the business community, on perils of infringement of IPRs held by others/ dealing in pirated and counterfeit products. These programs are also expected to sensitize the enforcement agencies such as state police forces, and the judiciary.
IP Training, Awareness and Outreach Activities: Awareness/ sensitization programs on IPR are organized by IPO as well as with industry associations, Chambers of commerce, academic institutions etc.
National and international symposia/seminars/workshops on IP are organized for potential IP users.
e-learning resources: To educate the public via the internet media, a portal on the website of office of the CGPDTM has presentations uploaded on various aspects of IPR.
Kids Nook: A corner to educate and inculcate the culture of respecting and protecting IPR’s among the next generation has been undertaken via uploaded comics which are based on basics of IPRs.
EINFOLGE offer a whole gamut of Patent and IPR services tailored according to the specific needs of Corporates, Law firms, Universities, SMEs, Individual inventors and Research scientists.
Original Source: De-Coding the New Indian IP Law
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einfolgetechnologies · 5 years ago
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Evolution of US Software Patent Law
Grant of software patents has been an ongoing and challenging topic that is discussed for over a decade. The software patent laws are amended and is being evolved based on various case laws handled by the US courts. Some of the mile-stone case laws that have impacted the decision for getting patents for the software applications are discussed below.
As per Section 101 of 35 U.S Code, 1952 (US Patent Act, 1952) provides that: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent thereof, subject to the conditions and requirements of this title.”
However, there are exceptions with respect to this section, namely, laws of nature, natural phenomena and abstract ideas. Any claims wholly falling under any of these exceptions shall be ineligible for patent protection.
Mile-stone US Case Laws:
The first software patent that was filed was for a process patent in the year 1972 (Gottschalk v. Benson). The process is about converting the binary-coded decimal numerals into pure binary numerals on a general-purpose digital computer using an algorithm. The process patent was then rejected by the court based on the following lines:
A series of mathematical calculations or mental steps does not constitute a patentable “process” within the meaning of the Patent Act.
In the year 1978, a software patent was filed related to updating alarm limits to trigger alarms during a catalytic conversion process. The invention was mainly about computing and setting a mathematical formula for adjusting the alarm value. The court rejected the proposed invention as the only novel feature of the method and is associated with a mathematical formula used to adjust the alarm value.
As per 35 U.S.C 101 of the Patent Act, mathematical formula alone does not constitute a subject matter for patentability.
In the year 1980, a patent application was filed by Diehr for a process of molding raw, uncured synthetic rubber into cured precision products. The proposed invention was allowed on the following basis:
A physical machine or a process of making use of a mathematical algorithm that involves “transforming or reducing an article to a different state or a thing” is an eligible subject matter for patenting even if it includes a software component.
In the year 1998, protection for a business method was proposed by Signature Financial Group. The proposed invention was considered as one of the first judicially recognized software patents. The court allowed the grant of the patent based on the following basis:
Any application that produces a useful, concrete and tangible result can be patented.
In the year 2014, a patent application for protecting a method to check the fund in the user’s account to fulfill a contract was filed. However, the application filed for this method was rejected on the following basis:
Any abstract idea that does not result in transformation of results does not constitute a patentable subject matter.
The above-mentioned case laws provide pointers for analyzing whether a software application is allowed for the grant of the patent or not as per the US case law.
Original Source: https://www.einfolge.com/blog/evolution-of-us-software-patent-law/
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