+91 74838 06607 info@origiin.com

Innovative Product of the Week: Research and feedback gathering platform, Emozo

Emozo is a Do-It-Yourself research and feedback gathering platform that’s focused on helping brands collect high quality emotional and behavioural data from audiences, in response to digital stimuli of different kinds. This is important because 95% of all decisions on the digital channels are driven by emotions. Unless one understands how one’s content resonates (emotionally) with one’s audience, driving the desired outcomes (via said content) may be problematic.

With Emozo, one does not need to depend on behavioural scientists, data analysts, software engineers to collect and decode this data from a global audience. The platform does it all. You can sit in your location and launch studies anywhere in the globe and collect reliable data in a matter of days. All the respondent needs is a camera enabled, connected digital device. Reports are produced in minutes, and one doesn’t have to wait for weeks to get feedback.

Emozo may be used to:

  1. Inform your intuition with valuable data and make the right calls;
  2. Get great insights into likely in-market behaviour before you commit to a big production and/or media decision;
  3. Compare and contrast across multiple candidates to ascertain which is likely to work best with your audience;
  4. Get feedback on any type of digital content (videos, images, streaming media, application interfaces, etc.); and
  5. Leverage pre-built templates for quick survey launches and retain your own survey data control.

Built on real science and proven mass communication theory, our fully secure, digital platform leverages the powers of AI to enable qualitative research at scale and with speed. We are built to support all forms of iterative design-development and test & learn processes. Our proprietary ACE framework triangulates data on Appeal, Commitment, and Engagement to shed light on how customers feel about brands and experiences. The end result is meaningful info that establishes robust connections to human behaviour.

On the surface, we are a Market Research Services company that uses its own proprietary software platform to deliver breakthrough results for our customers. Ours is a full-fledged survey platform in the lines of Survey Monkey etc. Our clients have the option of using us for plain vanilla surveys of all kinds (without collecting any attention and emotion data). We provide Consulting services for customized study design and execution when our clients need us to.

Some of the kind of work that we do, include:

Advertising Effectiveness Studies Content Strategy Analysis
Brand Messaging Testing Influencer Marketing Research
Brand Health Tracking Product Development & Testing
Market Segmentation Customer Satisfaction Surveys
Customer Journey Mapping Customer Feedback Surveys

To know more about Emozo and book a demo session, please contact Emozo Team here:

Email ID: indranil@emozo.ai

Company name: Emozo Labs, Inc.

Phone number: +1 (519) 807-3026

Linkedin URL: www.linkedin.com/in/indranil-mukherjee-a4347a1

Use promo code ITB2024 to avail 10% discount.

Nominate yourself HERE to publish your story.

Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)

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Inspiring Tales with Bindu: Collect data from real humans around the world with Emozo, the brainchild of Indranil Mukherjee

Indranil Mukherjee is a first-time entrepreneur. He took the plunge in the early days of Covid, after 25 years of consulting and product engineering experience in the Tech industry. He lived and worked in India, US and Canada (current).

His company, Emozo Labs was recognized by the CIO Review magazine, among the Most Promising Tech Companies in Canada in 2022.

In this episode of Inspiring Tales with Bindu, you will know more about entrepreneurial journey, passion, challenges of Indranil Mukherjee to build Emozo Labs.

The interviewer, Bindu Sharma is Founder and CEO of Origiin IP Solutions LLP, a leading IP and legal services provided firm.

Bindu: Thanks for accepting the invite to participate in this program, “Inspiring Tales with Bindu”. 

First of all, I want to know that having worked in corporate world for a long time, what inspired you to start your business and build this wonderful product, Emozo? Please share your entrepreneurial journey with the readers.

Indranil: I saw an opportunity to dramatically transform some areas of media and advertising research way back in 2016, after witnessing my wife (senior research professional) struggle to commission research studies and get accurate insights quickly.

She was in charge of assessing how a television commercial (featuring a top celebrity in India) was resonating with the intended audience. The method, as prevalent in those days, involved recruiting and gathering respondents in a physical location and getting their facial expressions and body language (video recorded as they watched the commercial) decoded by behavioural psychologists. The whole process was laborious, error-prone and just plain painful. It took weeks to get any meaningful insight out. Weeks that the business could scarcely afford. And, this wasn’t a one-off. I had seen this happen earlier (and later too).

As emotion detection technology was maturing and becoming more mainstream, I tried to think of ways the pain could be lessened and thus was born the idea behind Emozo. We had 2 false starts, in 2017 and again in 2019. We had come close to creating a good solution in 2019 but there were problems in the team I had assembled, and we disbanded. We started again in 2020, during Covid and this time we could succeed. It doesn’t sound good if I say the Covid slowdown helped us create a great first version of the platform, but it is the truth. I wish Covid never happened, but I am grateful for the time and space it allowed us to shape our initial thinking.

We launched our platform commercially in Q3-2021 and have been refining it ever since. A significant part of our initial success were two academic institutions – ISB Institute of Data Sciences (IIDS) and the DATA Initiative at Northeastern University, Boston, USA. The professors and students we collaborated with helped shape our thinking and refine our approach and algorithms. I remain very grateful for those partnerships.

Any note on our journey will not be complete without a mention of the first set of folks who took a chance on us. A few young companies in India and APAC saw enough promise in us to give the platform a spin or two. And there were those friends and ex-colleagues who walked us in through the first set of doors at potential customers. They are as much a part of our journey as anyone else.

When we started, we never thought that we’d morph into a platform-based services company. However, that’s what we have become to adjust to the dynamics of the markets we found ourselves in. We extended our platform to be a lot like conventional survey tools but even today we try to remain true to our initial calling – helping people understand how to create and deploy digital content that resonate with their audiences.

Bindu: Please tells us little more about your product, specially what is the core problem which your product/Services are capable of solving?

Indranil: We help our clients create and deploy Better Digital Content, with Higher Confidence, whether they be videos (advertisements, educational / entertainment / gaming content etc.), images or interfaces (web / mobile apps).

Emozo is a Do-It-Yourself research and feedback gathering platform that’s focused on helping brands collect high quality emotional and behavioural data from audiences, in response to digital stimuli of different kinds. This is important because 95% of all decisions on the digital channels are driven by emotions. Unless one understands how one’s content resonates (emotionally) with one’s audience, driving the desired outcomes (via said content) may be problematic.

With Emozo, one does not need to depend on behavioural scientists, data analysts, software engineers to collect and decode this data from a global audience. The platform does it all. You can sit in your location and launch studies anywhere in the globe and collect reliable data in a matter of days. All the respondent needs is a camera enabled, connected digital device. Reports are produced in minutes, and one doesn’t have to wait for weeks to get feedback.

Emozo may be used to:

  1. Inform your intuition with valuable data and make the right calls;
  2. Get great insights into likely in-market behaviour before you commit to a big production and/or media decision;
  3. Compare and contrast across multiple candidates to ascertain which is likely to work best with your audience;
  4. Get feedback on any type of digital content (videos, images, streaming media, application interfaces, etc.); and
  5. Leverage pre-built templates for quick survey launches and retain your own survey data control.

Built on real science and proven mass communication theory, our fully secure, digital platform leverages the powers of AI to enable qualitative research at scale and with speed. We are built to support all forms of iterative design-development and test & learn processes. Our proprietary ACE framework triangulates data on Appeal, Commitment, and Engagement to shed light on how customers feel about brands and experiences. The end result is meaningful info that establishes robust connections to human behaviour.

On the surface, we are a Market Research Services company that uses its own proprietary software platform to deliver breakthrough results for our customers. Ours is a full-fledged survey platform in the lines of Survey Monkey etc. Our clients have the option of using us for plain vanilla surveys of all kinds (without collecting any attention and emotion data). We provide Consulting services for customized study design and execution when our clients need us to.

Some of the kind of work that we do, include:

Advertising Effectiveness Studies Content Strategy Analysis
Brand Messaging Testing Influencer Marketing Research
Brand Health Tracking Product Development & Testing
Market Segmentation Customer Satisfaction Surveys
Customer Journey Mapping Customer Feedback Surveys

Bindu: Managing teams and employees is one of the main pain points in any organization. Please let me know how big is your team and what values do you prioritise in your organisation?

Indranil: We have a small, fully remote team, spread across India, Canada and Singapore. Given our geographical spread, we value proactive, efficient and transparent communication the most. Right after that comes Accountability and Ownership of our individual actions and goals.

Bindu: For any business, customer satisfaction is very critical, and I am curious to know what is your Unique Selling Point (USP)?

Indranil: We offer a platform that’s truly differentiated in terms of its capabilities and the experience it provides our users. We also provide tremendous global reach (to empanelled respondents) and a price-point that’s very, very competitive.

Bindu: What’s one question you wish people would ask you about business, but don’t? What would be your answer?

Indranil: How do you build value on an ongoing basis (in the context of our platform)? The answer is through relentless customer-centricity and patience and by refusing to cut corners.

Bindu: While running a business, one has to manage a lot of things and keep a stable mind. How do you keep yourself motivated?

Indranil: I find having a few stretch goals at all times and diligently working towards them automatically brings in a sense of discipline and motivation. For good mental health, I find that there’s nothing better than playing sports and regular human connections, be it with colleagues, friends or family.

Bindu: You started business after spending a long time in the corporate world. Are you happy with what you are doing? Do you have any regrets?

Indranil: Revenue pressures and the general slow pace of progress always put pressure on business owners, and I am not immune to that at all. That said, I really like what I do and the variety of things that I have to do, to move forward on a daily basis.

I won’t call it a regret, but I do wish I had started on the entrepreneurial journey earlier in my life.

Bindu: Who has been your role model and why?

Indranil: There are and have been many. In different aspects. I have always considered my father as a role model for many areas of life. There are (and have been) corporate leaders who I wished to emulate too.

Bindu: The word Emozo sounds very stylish and trendy. I would like to know how did you come up with the product name Emozo and what does your logo represent?

Indranil: The logo is simple. It represents the first letter of our brand name. We had initially considered the names Usemo and Emorite, but they didn’t work out for a variety of different reasons. The current name was suggested by one of our co-founders (no longer with the company). He’s from eastern Europe and he combined the core of the word “Emotion” with a suffix (“zo”) that has roots in his native language. The rest of us liked the name and it stuck. That’s how we came up with the brand name, Emozo.

Bindu: What is one piece of advice you would give to budding entrepreneurs or new businesses?

Indranil: One of the many early mistakes we had made was to focus completely on building the product and not on marketing the concept/idea. Our mistake was to believe that we needed something concrete built before it could be marketed/sold. In hindsight, we should have put equal emphasis on both, right from the get-go.

Now, more savvy, budding entrepreneurs will probably not make this mistake today. However, if there’s one piece of advice, I can offer to folks who are just starting out to build new software platforms, it is this. Product Development and Marketing needs to go hand-in-hand. Not only is it crucial from a revenue standpoint, but you will also build a better product in the process, because of all the feedback you receive from all the people you will fail to convince with the initial ideas.

Bindu: Thank for very much Indranil for sharing your Inspiring Tale.

Indranil: You are most welcome Bindu. It was lovely to have this conversation with you.

To know more about Emozo and book a demo session, please contact Emozo Team here:

Email ID: indranil@emozo.ai

Company name: Emozo Labs, Inc.

Phone number: +1 (519) 807-3026

Linkedin URL: https://www.linkedin.com/in/indranil-mukherjee-a4347a1/

Use promo code ITB2024 to avail 10% discount.

Nominate yourself HERE to publish your story.

Please contact us at info@origiin.com to know more about our services (Patent, Trademark, Copyright, Contract, IP Licensing, M&A of companies)

Subscribe to YouTube Channel HERE

Join LinkedIn Group: Innovation & IPR

WhatsApp: +91 74838 06607 

Importance of Data Privacy – GDPR and DPDP Act

Data privacy is a discipline intended to keep data safe against improper access, theft or loss. I is vital to ensure that data is kept confidential and secure, and this is achieved through exercising sound data management and preventing unauthorized access that might result in data loss, alteration or theft.

This can be achieved through implementing effective cybersecurity measures within the organisation such through access control measures, such as usernames and passwords, or some form of biometric authentication. Robust legislation regulates the collection, storage and processing of personal data both internationally and domestically in the form of the General Data Protection Regulation (GDPR) and the Digital Personal Data Protection (DPDP) Act.

The GDPR is a legal framework that sets guidelines for the collection and processing of personal information from individuals who live in and outside of the European Union (EU).

The regulation, which was approved in 2016 and put into effect in 2018, is the strictest data security and privacy law in the world. It aims to give users control over their own personal data by holding companies responsible for the manner in which they collect, store and process such information.

The Digital Personal Data Protection (DPDP) Act, 2023 is India’s first legislation on data privacy and protection. It applies to the processing of digital personal data within the territory of India collected online or collected offline and later digitized. It is also applicable to processing digital personal data outside the territory of India, if it involves providing goods or services to the data principals within the territory of India.

General Data Protection Regulation (GDPR)

The GDPR sets forth 3 key principles for with regards to Data Privacy: Lawfulness, Fairness and Transparency.

“Lawful” means that the collection and processing of data is done on a legally valid basis. This can mean enforcing consent mechanisms for ensuring that the user is informed and willing to provide their data.

“Fair” means that the processing of personal data is in the best interest of the user who has provided the data and any processing done on such data is within the scope of what the user can reasonably expect when such data is provided.

“Transparency” is the clear communication of the details of the processing of personal data to the user from whom such data is collected.

With respect to the rights of the users, the GDPR guarantees the following rights:

  • The right to be informed
  • The right of access
  • The right of rectification
  • The right to erasure
  • The right to restrict processing
  • The right to data portability
  • The right to object
  • The right to not be subject to automated decision-making

The GDPR recognizes that not all organizations involved in the processing of personal data have an equal level of responsibility, and classifies two entities under the purview of the regulation: a Data Controller is an entity which determines the purposes of any personal data and the means of processing it, while a Data Processor is an entity which processes personal data on behalf of a data controller. An entity classified as a data controller or a data processor, is responsible for ensuring compliance with the GDPR and demonstrate compliance with the regulation’s data protection principles. While Date Processors do not have the same level of GDPR compliance responsibilities as Data Controllers, they must still take appropriate organizational and technical measures to ensure that any processed data is done so in line with the GDPR.

Digital Personal Data Protection (DPDP) Act, 2023

This Act establishes guidelines for handling digital personal data, balancing individuals’ rights to protect their information with the necessity of processing data for legal purposes and related matters. The act applies to personal data which is processed within India, and personal data that is processed outside India if it pertains to business activity related to individuals within India.

The Act is based on the following seven principles:

  • The principle of consented, lawful and transparent use of personal data;
  • The principle of purpose limitation (use of personal data only for the purpose specified at the time of obtaining consent of the Data Principal);
  • The principle of data minimisation (collection of only as much personal data as is necessary to serve the specified purpose);
  • The principle of data accuracy (ensuring data is correct and updated);
  • The principle of storage limitation (storing data only till it is needed for the specified purpose);
  • The principle of reasonable security safeguards; and
  • The principle of accountability (through adjudication of data breaches and breaches of the provisions of the Bill and imposition of penalties for the breaches).

The Act provides for following rights to the individuals:

  • The right to access information about personal data processed;
  • The right to correction and erasure of data;
  • The right to grievance redressal; and
  • The right to nominate a person to exercise rights in case of death or incapacity.

Data privacy is crucial in a society that is becoming more and more digital. Both India’s Digital Personal Data Protection (DPDP) Act and the General Data Protection Regulation (GDPR) are essential frameworks intended to safeguard people’s personal information while making sure businesses manage it appropriately. These rules provide users more control over their information and strengthen their rights by emphasising the values of lawfulness, fairness, and openness.

Following these regulations is not only required by law but also advantageous for businesses, particularly start-ups with significant intellectual property. Stronger customer connections result from the implementation of solid data protection procedures, which also build trust and improve brand reputation. Businesses must be proactive as the regulatory environment evolves, constantly modifying their procedures to satisfy compliance standards and protect the data they handle.

Organisations must effectively address the intricacies of data privacy by comprehending and adhering to the principles set out in the GDPR and DPDP. This effort not only safeguards people’s rights but also helps create a more secure and reliable online environment, opening doors for innovation and expansion in the information economy.

Author: Sumedha Vadhulas

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Implications of DPDP Act on Companies

India’s Digital Personal Data Protection Bill was tabled in 2022, and was finalized as India’s Digital Personal Data Protection Act (DPDP Act) when it received approval from both houses of Parliament and the assent of the President in August 2023. The law came into effect August 11, 2023 and covers personal data collected in digital format, or collected by other means and later digitized. The law aims to strike a balance between the recognized need to process personal data for various purposes, and individuals’ right to control and protect it.

The DPDP Act has its roots in the early 2000s. With the Information Technology Act of 2000, India took its first formal step into cybersecurity laws. However, as technology evolved and the amount of digital data expanded, the need for a more comprehensive data protection framework became evident.

Data Protection Laws exist to prevent fraud and cybercrimes, as well as enforce rights regarding privacy. Applying strong data protection measures and safeguards not only protects individuals’ or customers’ personal data, but also an organisation’s data. Therefore, avoiding considerable problems, which may damage your reputation or your organisations’ confidential information. The DPDP Act grants certain rights to individuals including the right to obtain information, seek correction and erasure, and grievance redressal.

Key Provisions

Scope and Applicability: The DPDP Act applies to the processing of digital personal data within the territory of India collected online or collected in a non-digital and later digitised. It is also applicable to processing digital personal data outside the territory of India, if it involves providing goods or services to the data principals within the territory of India.

Definition of “Personal Data”: Defined under Section 2(t) of the Act, it refers to any data about an individual who is identifiable by or in relation to such data. This includes an individual’s name, address, date of birth, government identity proof, phone number, email address, etc, which most organisations would require from a user or a customer, especially if they conduct their business through the internet.

Consent Requirements: The new Act mandates that organisations, both existing (i.e., having already collected personal data prior to the passing of the Act) and new, must have robust consent mechanisms which satisfy all the requirements under Section 6 (free, specific, informed, unconditional and unambiguous with a clear affirmative action, and shall signify an agreement to the processing of her personal data for the specified purpose and be limited to such personal data as is necessary for such specified purpose).

Obligations of Data Fiduciaries and Date Processors: Data Fiduciaries (any person who determines the purpose and means of processing personal data) and Data Processors (any person who processes personal data on behalf of a Data Fiduciaries) have a higher set of standards to adhere to in the collection, storage and processing of data. The primary obligations of a Data Fiduciary include:

  1. Appointment of a Consent Manager;
  2. Legality of collection and processing of data;
  3. Issuing of notice on usage of data;
  4. Providing consent revocation mechanisms;
  5. Take reasonable measures to prevent personal data breaches;
  6. Implementation of an effective Grievance Redressal Mechanism regarding the users’ personal data

The obligations borne by Significant Data Fiduciaries are even higher, such as:

  1. Appointment of a data protection officer to serve as a point of contact for grievance redressal;
  2. Conducting of Periodic Data Protection Impact Assessments;
  3. Appointment of an Independent Data Auditor to carry out period audits to evaluate compliance with the Act.

Implications for Businesses and Organisations (Data Fiduciaries)

One of the most notable features of the Act is the high penalties imposed, extending up to two hundred and fifty crores. In light of this, entities which qualify as Data Fiduciaries must take the provisions of the Act seriously and begin the enforcement of the same as soon as possible. Some implications for Data Fiduciaries are:

  1. Increased focus on cybersecurity measures: In order to prevent the breach of personal data, organisations must ensure that they protect the data they collect in a more robust manner. This can entail enforcing a seniority-level based access system to personal data, implementation of firewalls and higher encryption standards, etc..
  2. Timely updation of privacy policies: Any move made by the organisation must also include the step of assessing their privacy policy. For example, if an organisation were to introduce a newsletter delivered to their users’ email inboxes, this would require the Data Fiduciary to update their privacy policy and their consent mechanism to reflect the collection and storage of users’ email addresses, and the purpose for which such email address is collected, i.e, sending newsletters.
  3. Ensuring non-processing of personal data of minors: Data Fiduciaries are prohibited from processing the data of children under 18, including targeted advertisements based on analytics without obtaining the verifiable consent of their lawful guardian.
  4. Issuance of consent and notice to new and existing users: Data Fiduciaries must issue a notice describing the details and use of individuals’ personal data in English and 22 other languages, as well as implement a clear, informed and detailed mechanism of obtaining consent from its users.
  5. Review contracts and agreements with Data Processors: Data Fiduciaries bear the primary accountability in case of any personal data breach, rather than the Data Processor. In order to ensure that user is given full disclosure regarding the processing of their personal data, agreements between the Data Fiduciaries and Data Processors must be clear, comprehensive, and exhaustive in terms of due diligence, risk assessment, transferring liability, indemnification, confidentiality, data security, business continuity and disaster recovery.
  6. Investment in compliance, technology and personnel: The nature of penalties would naturally require organisations to invest in lawyers to ensure that they are in compliance with the act and avoid any breaches under the Act, or to ensure that even in the event of a personal data breach, they had conducted due diligence to reduce any impact or penalties arising from the same. Investment into higher security measures is also under the purview of due diligence and compliance, as well as technology to ensure automatic deletion mechanisms, consent management mechanisms, and grievance redressal portals. Furthermore, organisations can ensure compliance by increasing training and awareness among staff on the handling of personal data and confidentiality, as well as the mandatory appointment of personnel under the Act such as a Data Protection Officer, a Consent Manager, and an Independent Data Auditor.

As a result, the legal framework for the protection of personal data in India has advanced significantly with the passage of the Digital Personal Data Protection Act of India. The Act aims to promote responsible data use and respect for individual privacy rights by imposing high standards and legal obligations on data fiduciaries and processors. Businesses will need to maintain transparency and accountability in their data practices in addition to strengthening their cybersecurity safeguards as they adjust to these new responsibilities. The DPDP Act, which emphasizes the value of consent, data security, and the protection of personal information in an increasingly digital age, is a critical step towards establishing a safer digital environment, and will ultimately result in an increased amount of trust between consumers and businesses.

Author:  Sumedha Vadhulas

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The Role of Global Prior Art in Patent Applications: Importance and Implications

When planning to file a patent in India or any other country, one might wonder why patent examiners consider inventions and publications from other countries. Shouldn’t the focus be solely on what has been invented locally?
The answer is, ‘Not necessarily!’ Let us now understand, why global prior art matters when filing for a patent and what is the role of the prior art from around the world in the patent process.

A. GLOBAL NOVELTY REQUIREMENT
Novelty is a fundamental requirement for a patent to be granted. To be considered novel, an invention must be new and not disclosed anywhere in the world before the filing date of the patent application. This means that if the invention has been disclosed in any prior art, whether in India or any other country, it cannot be patented. An invention must be something the world hasn’t seen before, and when they say “world,” they mean it! If an idea or a similar one has already been disclosed in a research paper from Germany, a product launch in Japan, or a patent application in the U.S., then the idea doesn’t qualify as new. Because for an invention to be considered as patentable, it has to be truly new, globally! So, a worldwide prior art search helps ensure that the invention isn’t just new in our country, but genuinely novel on a global scale.
When patent examiners look at prior art from other countries, they perform their due diligence to ensure the invention is novel. It is not enough for the invention to be new only in India, but it needs to stand out globally. This global approach ensures that patents granted in India aren’t challenged later because of existence of any old article or research paper from another country that describes the same invention.

B. HARMONIZATION OF PATENT LAWS
Many countries, including India, are signatories to international treaties and agreements like the Patent Cooperation Treaty (PCT) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These agreements aim to harmonize patent laws across countries of the world, ensuring that patents are examined based on global standards. Considering prior art from other countries helps maintain consistency with international patent practices. Thanks to the harmonized patent rules, whether we are filing for a patent protection in India, Europe, or the U.S., the rules for examining patents, like identifying the prior arts are pretty similar.

C. AVOIDING DOUBLE PATENTING
If prior art from other countries were not considered, it could lead to a situation where the same invention is patented in multiple jurisdictions by different inventors, leading to double patenting issues. Imagine, a patent application has been filed for an invention in India, and at the same time, a person in France files for patent protection for the exact same invention. Without determining international prior art, both patents might get approved, and the true first inventor might not enjoy the fruits of their hard work. By considering global prior art, the patent office ensures that an invention is truly novel on a global scale, and helps avoid the issue of double-patenting, ensuring there aren’t multiple patents granted for the same invention in different places.

D. COMPREHENSIVE EXAMINATION
The purpose of including prior art from other countries allows for a more comprehensive examination of the patent application. This ensures that the invention is not just new in the local context but also globally, and helps prevent the granting of patents for inventions that might already be known or used elsewhere in the world.

E. LEGAL AND COMMERCIAL IMPLICATIONS
In order to keep the patentable subject matter of an inventor safe and strong, considering the international prior arts is highly critical. If the international prior arts are not considered during the application stage, the competitors might use it later to challenge our patent’s validity, leading to expensive legal disputes or, even revoking the patent. If a patent is granted without considering international prior art, it could lead to legal challenges or disputes later on. Considering global prior art during the examination process and by addressing the potential issues upfront, we can help mitigate these risks and strengthens the enforceability of the patent.
By considering prior art from other countries, the Indian patent office ensures that the patents granted are robust, globally competitive, and less likely to be invalidated due to the existence of prior art elsewhere.
In order to understand the perspective of the patent examiners in this context, let us understand some of the case laws in India that address the importance of considering prior art from other countries in patent examination.

1. Bristol-Myers Squibb Company vs. Controller General of Patents (2015)
In this case, Bristol-Myers Squibb, a pharmaceutical company, filed a patent application in India for an anti-cancer drug. During the examination process, the Indian Patent Office considered prior art from various international sources. The patent application was eventually rejected on the grounds that the invention was not novel, as similar prior art existed in other countries.
Court’s Decision: The Intellectual Property Appellate Board (IPAB) upheld the decision of the Indian Patent Office, affirming that the prior art from other countries was rightly considered. The court emphasized that for an invention to be patented in India, it must be novel and non-obvious not just in India but globally. Therefore, considering prior art from other jurisdictions is crucial to ensuring that patents are granted only for truly novel inventions.

2. F. Hoffmann-La Roche Ltd. vs. Cipla Ltd. (2008)
This case involved a patent dispute over the drug Erlotinib. Cipla, an Indian pharmaceutical company, challenged the validity of Roche’s patent, arguing that the drug was not novel as similar inventions had already been disclosed in prior art outside India.
Court’s Decision: “In 2015, the Hon’ble Division Bench of Delhi High Court held that Cipla’s product ‘Erlocip’, which is professed to be a polymorph B type of the compound ‘Erlotinib’, infringes Roche’ patent and confirmed its legitimacy too. It put away the Single Adjudicator choice excusing the suit for injunction recorded by Roche. The bench additionally expressed that this compound might exist in different polymorphic designs; nonetheless, any such designs will be subsumed inside this patent. Hence, ‘Erlocip’ (Polymorph B) by Cipla will encroach this patent. The judgment set out a few guidelines and steps that ought to be continued in each encroachment of patent suit.
The Delhi High Court recognized the importance of global prior art in determining the novelty of an invention. The court considered prior art from multiple countries and eventually ruled that Roche’s patent was valid, as the prior art cited by Cipla did not sufficiently prove a lack of novelty.

3. Novartis AG vs. Union of India (2013)
In this case, Novartis applied for a patent on the beta crystalline form of the drug Imatinib Mesylate, but the Indian Patent Office rejected the application based on prior art from other jurisdictions.
Court’s Decision: The Supreme Court case hinged on the interpretation of section 3(d), and also emphasized that the invention lacked an inventive step, and was obvious in light of prior art, including those from other countries. The Supreme Court decided that the substance that Novartis sought to patent was indeed a modification of a known drug (the raw form of imatinib, which was publicly disclosed in the 1993 patent application and in scientific articles), that Novartis did not present evidence of a difference in therapeutic efficacy between the final form of Gleevec and the raw form of imatinib, and that therefore the patent application was properly rejected by the patent office and lower courts. This case reaffirmed the importance of considering global prior art in patent examination.

CONCLUSION
Considering the global prior art is not a mere formality, but a critical step in ensuring that the invention is both credible and competitive. This practice ensures that the invention can withstand international scrutiny, avoid potential conflicts, and establish a solid foundation for the invention. This is highly essential for guaranteeing that the invention is robust and is recognized not only in India, but also on a global scale.
The above cases demonstrate that the Indian courts and patent office consistently consider prior art from other countries to ensure that the patents granted are truly novel and non-obvious on a global scale. This practice is in line with international standards and helps maintain the integrity of the patent system in India.
As India continues to evolve as a hub of innovation, the role of global prior art in patent law will remain crucial in balancing the interests of inventors, businesses, and the public, ensuring that the patent system serves its purpose of promoting genuine innovation.

Author: Megha Nadiger

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