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Is your invention too simple for a patent?

May 7, 2023 | Indian Patents Act 1970, IPR & Business, Patent

Applying for a patent is often associated with very complicated and breakthrough inventions. Does it mean that simple inventions are not granted patents? Let’s try to understand first what is an invention as per legal definition and what all shall it have in order to get a patent. The section 2 (j) of Indian Patents Act 1970 describes the invention as: 

A new product or process involving an inventive step and capable of industrial application; 

Analysis of definition of invention depicts that in order to have a patent granted, the invention shall be either a product or a process to prepare or manufacture a product. Invention shall also have inventive step, or we can say that invention shall appear non-obvious to a person skilled in the art and shall have industrial application. In combination the invention shall fulfill the following three conditions:

  • New or novel meaning that there shall not be any prior patent, publication or use of the invention anywhere in the world.
  • Industrially useful and such use shall be consistent. Invention shall be capable of being produced or used in an industry any number of times as necessary.
  • Non-obvious to person skilled in the art or inventive step. This requirement of patentability is the toughest one to be determined and fulfilled. Non-obviousness is judged not from the perspective of a lay individual, but from the perspective of a person having ordinary skill in the art. This hypothetical person of ordinary skill represents a baseline against which the degree of innovation of an invention is measured.

Any invention, whether simple or complex if fulfils the above criteria of patentability may be awarded a patent. For example, post-it, invented and patented by 3M Corporation, basically is nothing but a piece of paper with a re-adherable strip of adhesive on the back. Post-it is a result of an initial discovery which was made by mistake in 1968. The scientist Spencer Silver at 3M Laboratories while conducting research to find a type of strong adhesive came up with the formula for a re-usable substance that adhered lightly to objects but could also be easily removed. However, the particular application of this substance was subsequently thought of by the researcher Arthur Fry. The biggest advantage of Post-it is that it can be used for temporarily attaching notes to documents and to other surfaces such as walls, desks, computer displays etc. It’s simple but extremely useful invention that was awarded a patent.

Looking at patentability of Post-it in terms of novelty, industrial utility and non-obviousness, the invention basically relates to “Small note sheets that have an adhesive strip along one of their edges”. Since there was no existing product prior to post-it, the invention was novel at that point of time. Invention was industrially useful as it gives a solution to a universal problem of inconvenience of having to remember an unending to-do list in both personal and professional life. And post-it enables people to stick notes to any surface without harming it. The basic elements of this invention such as paper and adhesive though existed in the prior art but their combination was found to be non-obvious and became a patentable product. The invention was considered to have fulfilled the criteria of patentability and was awarded a patent irrespective of its simplicity.

Other examples where simple inventions were granted patents are, paper clips which is nothing but a piece of wire bent into a certain shape but still there have been numerous patents on different paperclip designs over the years. Rubber bands, invented in the 1800s were patented in 1845 by Stephen Perry. No one has since improved on the basic rubber band design. The stapler, invented in the 1800s has evolved over the years and each variation has been patented at various times. The mechanism behind the stapler is so useful that today we even have medical staplers, which are used to staple tissue together during surgery. If you’ve ever dealt with a mess of cables coming out of your TV or your computer, you know how useful these Cable ties devices are. Hundreds of variations exist today, including cable organizers made with Velcro, plastic cases, and so on.

All the examples above show that patent is not always a result of high and complicated technology products and processes but the simple inventions do get a patent provided they are new/novel, industrially useful and sound non-obvious to a person skilled in the art. So, watch out the work or research you are doing, you may have something patentable. If it fulfils the criteria of patentability, probably you need to file a patent application for it!!

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Structure of the Indian Patents Act, 1970

May 5, 2023 | Indian Patents Act 1970

Patents in India are governed by The Patents Act, 1970 (“Act”) which came into force on 20th April 1972. The said enactment replaced the previous governing law i.e., The Indian Patent and Design Act, 1911. The Act extends to the whole of India. After its enactment, the Act was amended several times in 1999, 2002, and in 2005. The noteworthy changes were made in the year 2005 whereby, in pursuant to India’s obligation arising out of Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement, 1995, the patent protection was extended to product patents including pharmaceutical drugs. Prior to 2005 amendment, only process patents were recognized and granted in India. The Act is accompanied by Rules which were established for implementing the Act. The Patents Rules came into force on 20th April 1972 and got further amended in the year 2003, 2005, 2006, 2013, 2014, 2016, 2017 (39 of 1970) written below the Patents Act refers to the Act number of that year, i.e., The Patents Act is 39th Act of 1970.

The structure of the Act and Rules is as below:

  1. Schedules: There are 5 schedules under The Patent Rules, 2003.
  2. The First Schedule talks about the fees payable and refundable mentioned under rule 7 of the Patents Rules, 2003. The fees payable is determined based on various factors, such as the services for which the fees are payable, the relevant forms for them, and the method of filing (either e-filing or physical filing). The fees are different under e-filing method and physical filing method. The fees are also different for entities other than natural person, startup, educational institute, and small entity. The fees refundable are determined based on the services or account.
  3. The Second Schedule talks about the list of forms mentioned under rule 8 of the Patents Rules, 2003. There is total 32 forms including form 7A and 18A. Each form is for a different purpose e.g., Form 1 is for the application for grant of a patent; Form 2 is for provisional or complete specification; Form 7 is for notice of opposition; Form 10 is for request for grant of patent, Form 17 is for application for compulsory licence, Form 29 is for request for withdrawal of patent application, etc.
  4. The Third Schedule talks about the Form of Patent as mentioned in Rule 74 which is basically the certificate of Grant of a Patent.
  5. The Fourth Schedule talks about a list of matter in respect of which cost is to be awarded, as mentioned in Rule 136(1).
  6. The Fifth Schedule talks about the Rules (19 (2), 19A (1)(b), 19B (5), 19B (12), 19H, 19K (5), ISA fee.

 

Chapters: There are total 23 chapters in the Act which list out the Sections, and 16 chapters in the Indian Patent Rules which list out the Rules.

Chapters (Sections)

  1. Chapter I includes sections 1 & 2 which defines the key terms and the extent of the Act;
  2. Chapter II includes sections 3-5 and specifies the types of inventions which are not patentable;
  3. Chapter III includes sections 6-11 and outlines the process of applications for patents and details involved in it;
  4. Chapter IV includes sections 11A-24 and covers the publication and examination of applications for patents;
  5. Chapter IVA originally dealt with exclusive marketing rights but it has been omitted;
  6. Chapter V includes sections 25-28 and it talks about the opposition procedure in the process of grant of patents;
  7. Chapter VI includes sections 29-34 and refers to anticipation through different modes;
  8. Chapter VII includes sections 35-42 and explains various provisions required to maintain secrecy for certain inventions;
  9. Chapter VIII includes sections 43-53 which talks about the final grant of patents to the inventor, term of invention and rights of the inventor;
  10. Chapter IX includes sections 54-56 and defines the patents of addition along with their term and validity;
  11. Chapter X includes sections 57-59 and talks about the amendment of applications and specifications before certain authorities;
  12. Chapter XI includes sections 60-62 and outlines the status and procedure for restoration of lapsed patents;
  13. Chapter XII includes sections 63-66 and covers the surrender and revocation of patents;
  14. Chapter XIII includes sections 67-72 and outlines the register of patents;
  15. Chapter XIV includes sections 73-76 and talks about the patent office and its establishment;
  16. Chapter XV includes sections 77-81 and describes the general powers of controller;
  17. Chapter XVI includes sections 82-94 and discusses the working of patents, compulsory license and its revocation;
  18. Chapter XVII includes sections 99-103 and talks about the use of inventions for government purposes and acquisition of inventions by central government;
  19. Chapter XVIII includes sections 104-115 and is related to the infringement of patents, its remedies and defences under it;
  20. Chapter XIX includes sections 116-117 and originally dealt with appeals to the appellate board, has been omitted.
  21. Chapter XX includes sections 118-124 related to penalties in for various committed offences;
  22. Chapter XXI includes sections 125-132 and talks about patent agents, their rights and qualifications;
  23. Chapter XXII includes sections 133-139 deals with international arrangements;
  24. Chapter XXIII includes sections 140-162 and refers to miscellaneous provisions such as fees, restrictions, evidences, etc.

16 Chapters (Rules)

  1. Chapter I includes rules 1-9 which defines the key terms and specifies, commencement, fees, forms, etc;
  2. Chapter II includes rules 10-16 and talks about the application for patents and its procedure;
  3. Chapter III includes rules 17-23 and covers international applications required under the Patent Cooperation Treaty (PCT);
  4. Chapter IV includes rules 24-38 and explains the procedure of publication and examination of applications;
  5. Chapter V includes rules 39-54 and originally dealt with exclusive marketing rights but this has been omitted;
  6. Chapter VI includes rules 55-70 and outlines the procedure involved in the opposition to grant of patents;
  7. Chapter VII includes rules 71 & 72 pertains to secrecy directions for application made outside India;
  8. Chapter VIII includes rules 73-80 and talks about the final grant of patents and renewal procedure;
  9. Chapter IX includes rules 81-83 and discusses the implementation of amendments with respect to application, specification or any other documents;
  10. Chapter X includes rules 84-86 and addresses the restoration and opposition of patents;
  11. Chapter XI includes rule 87 and talks about surrender of patents;
  12. Chapter XII includes rules 88-95 and discusses about the register of patents;
  13. Chapter XIII includes rules 96-102 and deals with compulsory licence and conditions for revocation of patents;
  14. Chapter XIV includes rules 103-107 and outlines the role and power of scientific advisors;
  15. Chapter XV includes rules 108-120 and talks about patent agents, their qualifications and disqualifications;
  16. Chapter XVI includes rules 121-139 and contains other miscellaneous provisions.

 

Sections & Rules: Sections define the laws in the Act which provide legal requirements whereas Rules helps in the enactment and functioning of the sections.

    • Sections: There are total 163 sections. Additional sections added to the Act are sections 11A, 11B, 92A, 104A, 107A, 117A, 117B, 117C, 117D, 117E, 117F, 117G, 117H and 157A. Sections which have been omitted are sections 5, 22, 23, 24, 27, 95,96,97,98,112, 116, 117, 117B, 117C, 117D, 117F, 117G, 117H, 161 and 163.
    • Rules: There are total 139 rules. Additional rules added to the Act are rules 19A, 19B, 19C, 19D, 19E, 19F, 19G, 19H, 19I, 19J, 19K, 19L, 19M, 19N, 24-A, 24-B, 24-C, 28A, 55A, 63A, 74A, 103A, 111A, 121A and 129A. Rules which have been omitted are rules 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 64, 65, 73 and 89.

How to read the Act?

Before proceeding to individual chapters and sections, a person reading the Act, needs to be well versed with the history of Patents in India and circumstances which led to enactment of Indian Patent Act, 1970 which eclipsed the previous legislation governing Patents in India i.e., Indian Patent and Design Act, 1911. Thereafter, one needs to understand the objectives of the Act, the purpose is to understand the aspiration which the Act is trying to achieve. The Act consists of sections and rules which makes it easier to understand what a patent is all about and how a person moves forward with it.

For a clear understanding of the Act or for that matter any other statute, one should read and understand the sections in a sequential manner, as each section talks about different aspects under that statute. Along with the sections, rules should also be referred side by side as it helps in understanding the implementation of the sections. The sections mention the criteria, but the rules help in proceeding with that criterion. All sections and rules are important, but one should focus on a bunch in order to have a proper understanding of the statute.

For example, the section 142 talks about the fees that has to be paid for grant of patents and application and at the same time rule 7 tells us how one can procced with the payment of fees, how to pay, whom to pay and where to pay. Schedules may be referred to check forms and fee needed to proceed with act action under this Act.  Hence it is essential to map relevant rule with a specific section to understand the statute as a whole. It is highly recommended to first of all understand gist of the Chapter and then move to a specific section. For complete interpretation of the section, read it fully and never try to read only subclause or incomplete section as this may lead to an incomplete and wrong interpretation.

In conclusion, the Act requires a thorough reading to understand its implication in detail and it is always recommended to use the official readings as published in gazette available on web portal of Intellectual Property India .

Author: Ms Tanishka Ruia
5th year BBA LLB
PES University 

Technology Transfer Model: Israel

Apr 20, 2023 | IPR & Business, Patent

 In an era of technological advancements, innovations are on a verge of representing the qualitative approach of a changing society. On one hand, innovations have the potential of ameliorating the quality of life by significantly contributing to labor and production. On the other hand, such transitions also demand ground-breaking competitive advancements that can square up to the needs of changing dynamics of developments. The ideology of managing the adoption and flow of knowledge has become a crucial parameter for every country. Therefore, it’s of utmost importance to focus on scientific and technological research methods for fruitful exchange to maintain the aura of competition.

Technology Transfer comprises of transferring skills and knowledge of technological advancements through legal recourse such as licensing and assigning so that the accessibility of innovative developments is assured at a wider range throughout the globe. This phenomenon helps in exploiting the already existing knowledge about technological advancement and at the same time provides scope for further innovations. In the words of the World Intellectual Property Organization (WIPO):

“Technology transfer is a collective term for the mechanisms and processes that enable the development of a product or a technology used to manufacture products from the knowledge formed in public research organizations.”

The main parameters that function alongsidefor a successful technological transfer mechanism are academia and industry. Academia contributes to promoting and generating novel knowledge, whereas industry synthesizes such knowledge into a marketable entity, thereby making the two parameters act directly proportional to each other. This interface has a significant impact on economies driven by knowledge and innovations, which subsequently lead to an advanced modern society.

However, this interface doesn’t exist since time memorial. Educational institutions and industrial sectors had their separate ways, with no intention to cross paths. Their objectives were opposed to each other, back in the times, the former being rigid towards the traditional ways of spreading knowledge and the latter being flexible in adopting ways to generate wealth. Till the 19th century, universities were isolated from the various aspects of society whereas industrial organizations were practically involved in ameliorating the economic conditions. The idea that their interaction could help the country in its growth and development was only figmental.

The very first reason these two sectors started coming together was war. A majority of the technological advancements taking place in the 20th century were driven towards facilitating the war situation prevailing during that era. This led to the diversion of objectives in the academic sectoras scientists and researchers were expected to use their studies catering tothe needs of society. Another factor was the propagation of education as a basic right for all. This allowed  education not being limited to only a few but presented as a commodity accessible to all. Research and innovations started developing simultaneously.

Innovations percolated the idea of being protected from infringements  through emergence of intellectual property rights. Academic researchers that had the probability of generating industrial products sought protection through patenting their invention, which later were licensed to the preferred industry which would generate marketable products using the invention and would share the profits with the patent owners by paying contracted royalties rates. Hence, this led to the genesis of the technology transfer mechanism.

When talking about innovations, wars, and a leading economy, Israel comes to mind instantly. It has gained a considerable appreciation for its innovation-based economy and serves as an inspiration for all the developing countries. We have covered the innovation model of Israel and the reason behind its journey for becoming the Start-Up Nation in one of our previous articles in the Blog, which can be accessed here. In this article, we will address the successful technology transfer model of Israel and what lessons concerened thereto.

Israel has heavily invested in civilian research and development (R&D) projects and has been inspiringly successful in building a flourishing knowledge-based economy. The concept of technology transfer in Israel dates back to the 1960s and its model has been adopted by great nations such as the United States of America. The success rate of the Israel technology transfer model has led WIPO to consider it as the best practice in existence. Israel has three sectors devoted to R&D and there exists a clear demarcation between all three concerning their methodology of having an impact on the market. These three sectors include industry, academic, and government.

Industrial R&D is led by business entities who indulge in developing a product that can fit the market demand. Owing to the commercialization aspects, it receives a huge amount of funding, both public and private, as compared to the other two sectors. Academic R&D is mostly curiosity-driven, wherein the researcher is free to contribute to the pool of knowledge and embrace academic freedom. It is supported by the research center in academic institutions. Government R&D is devoted to public welfare. The research is generally necessity-oriented focusing on public health, education, agriculture, so on and so forth. Such research is either proposed via tenders or by specific governmental research institutes.

All three sectors operated independently and were concerned with their specific technology transfer mechanism till the late 1950s. The universities started coming up with Technology Transfer Companies (TTC), an independent legal entity, operating as a not-for-profit subsidiary of a particular university. The objectives of such TTC were to commercialize academic research on University’s behalf. These TTCs are regulated by statutes framed by the concerned university that governs the right and obligations of the research.

The first of its kind TTC was started by the Weizmann Institute of Science by the name Yeda Research & Development Co. Ltd. Its success has contributed to a paradigm shift in the technology transfer model in Israel, and at the same time, it has become a vanguard for several other TTCs that were established subsequently. It has also set a benchmark by being among the top universities around the world in terms of generating income from commercialized academic research. Faculties of the University also act as a consultant to private sectors that help in creating a link between academic and industrial sector. Its strategy of creating a harmonious balance between public interest and financial profits has made its technology transfer model exemplary for the rest of the world.

The role of the TTC includes but is limited to the following:

  • To check if the invention qualifies for patent registration
  • To deduce the probability of commercializing a particular innovation
  • To formulate market strategies for introducing a suitable innovation
  • To propose the innovation to specific industrial bodies who might be willing to introduce the resultant product in the market.
  • To facilitate the university and the concerned industrial entity with the licensing agreement, in case such proposal is successfully implemented.
  • To identify any research gap with the registered innovation that can hinder the commercial viability of the invention concerned.
  • To provide proper guidance to the researcher by suggesting ways that can fill the void created by the research gap, so that the innovation becomes compatible with the marketable standards.

The part of the share received from commercialization of academic research goes to the concerned University, which is utilized as funds for future research.

Israel has come up with another interesting concept called “Technology Entrepreneurship”. It is an amalgamation of technology and business, facilitated by academic institutions to introduce an innovative and marketable product.

Enstorage Inc., founded in 2007, by two business entrepreneurs (Mr. Eran Yarkoni & Mr. Nachman Shelef), and an academician (Prof. Emanuel Peled) was the first of its kind, which led to the genesis of such a concept. Such a business model is formed based on the intellectual properties associated with the technological innovation, which eventually decides the licensees willing to vouch for the result of such innovation. This arrangement has made all three R&D sectors in Israel come together and promote innovations in a manner that minimizes the risk of market failures and at the same time contributes to maintaining information symmetry.

Another major contribution for having such an advanced model of technology transfer is attributed to the Israel Tech Transfer Organization (ITTN). It is a private non-profit organization that provides a platform for technology transfer companies in Israel towards fruitful engagement. It facilitates these companies through synchronized affiliation with world-renowned universities and research institutions. The objective of having such an organization was to set up an authority to represent the interest of member companies before the government. It also helps in bridging the gap between local companies and global institutions, helping them engage in advanced technology transfer. It also promotes the awareness of innovations and research propositions, thereby enhancing the public accessibility of the same. As of now, there are fifteen organizations contributing to the cause for which ITTN was formed.

Israel Advanced Technology Industries (IATI) is yet another player in this field. It is an umbrella organization that aims to connect Israel’s tech ecosystem and act as a medium for integrating governments’ goals with the various sectors of the industry. It also provides accessibility to successful global R&D, business & financial enterprises to promote mutual R&D and engender business opportunities for its members. At present, it has a plethora of members that include academic institutions, incubators, investment entities, service providers MNCs, tech-transfer offices, etc.

Some of the successful technology transfers assisted by IITN are listed below:

S.No. PRODUCT DESCRIPTION DEVELOPED BY IMAGE
01. PERIOCHIP A rectangular chip, inserted into a periodontal pocket for treating patients with chronic periodontitis. School of Pharmacy; Yissum, the Hebrew University Technology Transfer; Hadasit, Hadassah Medical Organization.  

 

 

Image from here.
02. MOBILEYE An automated onboard driver assistant system. The technology uses algorithms that have an advanced Spatio-temporal classification technique that trains the system with static and dynamic visual information. MobilEye Vision Technologies Ltd. & Yissum, the Hebrew University Technology Transfer  

Image from here.
03. ERBITUX An antibody-based therapy presenting synergism with conventional chemotherapy. ImClone System Inc.; Yeda, Weizmann Institute of Science.  

Image from here.
04. EXELON A cholinesterase inhibitor, prescribed for people in the early or middle stages of Alzheimer’s disease. Yissum, Hebrew University Technology Transfer, The Hebrew University of Jerusalem.  

Image from here.
05. STOREDOT An Israeli lithium-ion battery company that develops batteries that charge significantly faster than conventional lithium-ion batteries. Tel Aviv University & Doron Myerdorf, CEO, StoreDot.  

 

Image from here.

 

Author- Himani Jaruhar, National Law University Odishas

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Position of software Patents in India

Apr 18, 2023 | Indian Patents Act 1970, IPR & Business, Patent, Startups

India has become a preferred destination for many multinational companies to establish and outsource their software development activities. Large investments are being made in the IT sector with expectations of ushering in technology and product development to the market.

A patent is a valuable tool for protecting an innovation. Once a given technology has been patented, the owner of the patent can enjoy a monopoly over the technology for 20 years.  The term “patent” was once prevalent solely within the scientific industry but is now slowly gaining prominence in the software industry as well. One of the earliest filed patents on software was filed as early as 1962 for a British patent application entitled “A Computer Arranged for the Automatic Solution of Linear Programming Problems”. The invention disclosed an efficient memory management for the simplex algorithm and may have been implemented by purely software means. The patent was granted on August 17th, 1966 and appears to be one of the first. The patentability of software-related inventions is currently one of the most hotly debated topics within intellectual property circles, with software becoming patentable in recent years in most jurisdictions, with software patentability becoming valid in the US since 1982. The only patentability criteria is that the invention has to produce useful, concrete and tangible results. In Europe and Japan, the invention is patentable if it is sufficiently technical in nature. However, when it comes to India, the criteria for patentability of software inventions seems to be more stringent as compared to the criteria in most other countries.

The Indian Patent Office (IPO) has published the Draft Guidelines for computer-related inventions in 2016. This document is managed as a tool to be used by the IPO for streamlining the procedure of examination of patent applications related to computer-related inventions (CRI). In addition to this, the Draft Guidelines give some clarity on the scope of section 3(k) and section 3(n). According to Section 3(k) of the Indian Patent Act, “a mathematical or business method and a computer program per se or algorithms are not patentable” with the term “per se” relating to a computer program in isolation or standalone software. Thus, computer programs alone are not patentable, even though software products also come under computer program per se. It should also be noted that computer-implemented business methods are not patentable in India, unlike the US. The term “business method” includes all activities in a commercial or industrial enterprise relating to monetary transactions or transaction of goods and services such as marketing or sales-purchase methodology. With the development of e-commerce and associated B2B and B2C business transactions, it is possible to have claims drafted with certain technical features such as internet, networks, telecommunication and so on for business methods. If the claims are drafted with these parameters, the subject matter of the claims is considered while examining the patentability. If the matter of the claims relates to business methods, then such claims are not permitted under Section 3(k) of Indian Patent Act.

For a computer program to be patentable in India, it has to have a technical process or should be combined with hardware. This means that the invention should contain something more than a computer program to be eligible for a patent protection. An invention in which the technological advance is nothing more than a computer program is not patentable if the computer is suitable for the particular purpose without special adoption or modification of hardware or organization. However, an invention that relates to a particular manner of organizing the Central Processing Unit or other peripheral units, regardless of whether the invention is implemented by means of a program or special hardware facilities, is patentable. Thus, if a patent is claimed for some tangible device coupled with a software i.e. an embedded device in such a manner, the patent office considers that it is not computer program per se and is thereby patentable. Software that works with new or novel hardware is also considered as patentable.

The awareness on the importance of software patents in India is on the rise. Indian software giants who were filing patents only in the US are now filing patents in the Indian Patent Office as well.  The nature of the software patent not only involves new operating systems and software but also includes inventions that we use in day-to-day life such as conversion of a TIFF into PDF, compression/decompression techniques, provision to have multiple network providers on the same cell phone, remote monitoring of data usage, etc.

In 2009, Apple applied for a patent for a ‘method for browsing data items with respect to a display screen associated with a computing device and an electronic device’ (Application No. 461/KOLNP/2009). The objections against the invention was that it was a merely a software program and thus falling within the scope of computer programs per se i.e., under the provision of section 3(k) of the Act.

In their response, Apple submitted that “the method constitutes a practical application of this computer software to an improved technical effect while presenting advantages and overcoming drawbacks of hitherto known techniques”. The outline of the argument is as follows:

Technical Need

Though a single browse window is sufficient, there is still a desire for improved methods and systems for browsing through media items.

A single browse window may be limiting to users who desire to browse through more than one media group at a given time.

Technical Advancement

The applicant submitted a point-wise response for technical advancement for 3(k) objections as follows:

Apple submitted that the graphical user interface includes an application window generated by the media application programme.

The application window concurrently includes a first browse window and a second browse window.

The first browse window displays descriptive information regarding a media file, while the second browse window displays images associated with one or more media files.

The content shown in the first and second browse windows are automatically synchronised when selections are made.

In May 2017, Kolkata Patent Office granted a patent to Apple for the Application No. 461/KOLNP/2009 titled ‘method for browsing data items with respect to a display screen associated with a computing device and an electronic device’.

Thus, it is concluded that even though guide lines are provided there are many aspects that need to be evolved for a better protection of software inventions in India to remove ambiguity regarding what is patentable or not under software inventions as well as the scope of technical advancement while considering the patentability of software inventions.

By Priyadharshini M

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Competitive benchmarking & IP Portfolio analysis

Apr 18, 2023 | Indian Patents Act 1970, IPR & Business, Patent, Startups

Knowing the pulse of the competitor is extremely important for any business. In general, competitive benchmarking is performed to compare and measure the philosophies of an organization and practices with other organizations to help them to improve their performance in this competitive space. The current economy is often referred to as a knowledge-based economy where intangible assets have become the main source of revenue for most firms. Consequently, more than 65% of most firms’ value and revenue is sourced straight from intangible assets, such as patents. Competitive Benchmarking is a commonly used term and refers to the practice of comparing business processes, innovations, products/services and performance metrics of the best-performing companies to understand and learn from them to improve own business. In today’s competitive world, generating innovation and having the right business strategies both play a vital role to shape and direct businesses toward success. Competitive benchmarking plays an important role to understand the strategies and approaches of competing organisations. The strategies and approaches could involve processes such as designing a new product, creating an IP portfolio, setting product prices, assessing innovation in existing products, launching new products, compiling litigation data, and so on. Such information can potentially be very important for your business and can help you better position yourself in the market. Competitive benchmarking can additionally help you build the right business strategies to advance past your competitors in your industry. Innovation and IP portfolio are amongst the most valuable pieces of information that one can have about their competitors, offering a glimpse into their arsenal of assets and strengths. After expiry of a specific duration of time after a patent application is filed, the application is published and is made available on the official website of the respective patent offices to be viewed by the public. This timeline may have some variance depending on the country where the application is filed, but ordinarily all patent applications are published and can be viewed using free or paid patent databases. A patent is an extremely valuable source of information, especially with respect to technologies or products of your competitors. If a patent search is performed using technological details, previously unknown competitors may be revealed. In this way, information pertaining to patent portfolios can inadvertently help a company identify previously unknown competitors and their patent assets. New competitors can also help in recognizing new opportunities for licensing and acquiring technology.  A typical competitive portfolio benchmarking answers the following questions:

  • What are my competitors doing?
  • What are the latest patent trends in my industry?
  • What is the current phase of innovation of my competitors?
  • Possible licensing candidates?

A few things to keep in mind:

  • Competitor profiling includes products in the market & under development.
  • Products protected by patent nationally and internationally are assessed
  • Identification of IP assets to visualize and understand their value in relation to their competitive environment is done.
  • IP portfolio of competitors is procured, with a specific emphasis on recently patented applications to see the current area of interest of competitors.
  • Periodic assessment of patents filed by the competitors or specific technologies may be done by generating monthly, quarterly or half yearly patent alerts.

  Before competitive benchmarking is carried out, it is important to understand the purpose behind it. This ensures that the right steps are performed, and there is a reduced amount of redundant data generated. Identification of direct or indirect competition is done as the competitive benchmarking report solely depends upon the kind of companies chosen as competitors. Information about the competition, based on the driving purpose of competitive benchmarking is extracted and compiled. Threats and opportunities in the existing market may be understood better with competitive benchmarking. There could a great learning from the failure of specific products or businesses in the market as well.

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